THE U Visa is a non-immigrant visa intended for certain people who have been victims of one or more of specific crimes or similar activities punishable under federal, state, or local criminal laws and who are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. These crimes include rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, murder, false imprisonment, witness tampering, slave trade, involuntary servitude, and , among others.
To qualify for this visa, the victim of the criminal activity must show that: (1) he suffered substantial physical or mental abuse as a result of the crime, (2) he possess information regarding the criminal activity, (3) a federal, state, or local official investigating or prosecuting the qualifying crime certifies that the victim was helpful, is helpful, or is likely to be helpful to law enforcement in the investigation or prosecution of said crime; and (4) the crime occurred in the United States or violated US laws.
Certain qualifying family members of the U visa applicant may be eligible to apply as a derivative beneficiary. If the principal U visa applicant is less than 21 years old, his spouse, children, parents and unmarried siblings under age 18 can apply together with him or on a later date. If the principal applicant is over 21 years old, he can petition on behalf of his spouse and children.
The U visa is valid for four (4) years and can be extended under certain circumstances such as request by the enforcement officers, exceptional circumstances, and delays in consular processing. If an application for adjustment of status is filed and is pending, the U visa is automatically extended.
A U visa holder can apply for permanent resident status (green card) if he has been physically present in the US for a continuous period of at least three (3) years under said visa status and he has not unreasonably refused to provide assistance to law enforcement after the approval of the U visa application.
The U visa application can be initiated by the victim himself or by the law enforcement agency. Regardless as to who initiates the application, said application will not be approved without the certification of the law enforcement officer (as discussed above)
It should be noted that there are other forms of relief for victims of crimes such as the T visa (for victims of severe forms of trafficking), VAWA (under the Violence Against Women Act) for victims of domestic violence, and Deferred Action which allows the USCIS to determine on a discretionary basis which cases merit deferring action, among others.
If you are contemplating of filing any other immigrant or non-immigration application, it is advisable to seek the counsel of an immigration lawyer to guide you on the intricacies of filing for such a petition.
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Atty. Gwendolyn Malaya-Santos is a member of the State Bar of California and the Integrated Bar of the Philippines. To schedule for a free initial in-person consultation, please call Tel. Nos. (213) 284-5984 or (626) 329-8215. Atty. Santos’ office is located at 3450 Wilshire Blvd., Suite 1200-105, Los Angeles, CA 90010.
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Information contained in this article does not, nor is it intended to, constitutes legal advice for any specific situation and does not create a lawyer-client relationship. It likewise does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
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