Question: I was raped years ago. I heard there is some type of visa. Can I get this visa?
Answer: You may be eligible for a U nonimmigrant visa. If You are the victim of qualifying criminal activity. You have to have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.You must have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf. You had to be helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
Question: Where must the crime have occurred?
Answer: The crime had to occur in the United States or violated US Laws.
Question: Must I have been admissible to the US?
Answer: Yes, You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant. Many more types of Waivers are applicable to a U Visa applicant than with other types of visas.
Question: What types of crimes qualify for the U Visa?
Answer: Qualifying Criminal Activities are: Abduction, Abusive Sexual Content, Blackmail, Domestic Violence,Extortion, False Imprisonment, Female Genital Mutilation, Felonious Assault, Hostage, Incest, Involuntary Servitude, Kidnapping, Manslaughter, Murder, Obstruction of Justice, Peonage, Perjury, Prostitution, Rape, Sexual Assault, Sexual Exploitation, Slave Trade, Torture, Trafficking, Witness Tampering, Unlawful Criminal Restraint and Other Related Crimes.
Even if the particular crime the person was convicted of is not under these items, it is likely that the perpetrator of the crime committed one or more of the above items with you as the victim.
Question: What form is used?
Answer: Form I-918, Petition for U Nonimmigrant Status.
Question: Can I petition for a family member?
Answer: Certain qualifying family members are eligible for a derivative U visa. You may petition on behalf of your spouse, children, parents and unmarried siblings under age 18.
To petition for a qualified family member, you must file a Form I-918, Supplement A, Petition for Immediate Family Member of U-1 Recipient, at the same time as your application or at a later time.
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Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.
