THE U-Visa program was created several years ago by Congress in order to encourage immigrant victims of criminal activity to cooperate with police and prosecutors in their investigation of the criminal offense. For years, people were frightened to come forward as victims because they feared police officials would contact immigration authorities and they would be deported. This program not only allows people to know that they will not be deported for reporting that they are a victim of crime, but that if they fully cooperate they may be able to obtain immigration benefits, including work authorization and even permanent residency.
In order to qualify for a U-Visa a person must be a victim of a qualifying criminal activity. This includes crimes like domestic violence, felonious assault, kidnapping, false imprisonment, trafficking, extortion, rape, and many other similar criminal activities. Anything that is “substantially similar” in nature could potentially qualify, so as a victim it is always best to contact an immigration professional to see if you could qualify.
To prove that you were a victim and were cooperative with the investigation, you must obtain the law enforcement certification. This is a immigration document that must be completed and signed by any law enforcement who investigated, or the district attorney’s office. Judges may also certify in some cases. In cases involving fraud in labor contracting or involuntary servitude, the federal department of labor may certify as well. This certification is absolutely necessary in order to qualify, and must be signed by a designated official.
In addition to proving that you were a victim and cooperative with the investigation, you must also show that you suffered substantial physical or psychological harm as a direct result of being a victim. In some cases, serious physical harm occurs and can be proven with hospital records, photos, and the police report. However, in the majority of cases, such as domestic violence, there is physical harm but is not always substantial. In those cases we must convince the immigration officer reviewing the case that substantial emotional trauma was suffered. This can be shown by a detailed psychological evaluation explaining the diagnosis and symptoms, and showing the link between that diagnoses and being a victim. The vast majority of U-Visa cases are approved with psychological harm, so do not think that because there was not serious physical injury that you do not qualify.
Once the requirements of the U-Visa are met, there may be other obstacles to overcome. For people who entered the US unlawfully or have certain types of criminal convictions or other immigration violations, they will need a waiver of inadmissibility to forgive the criminal or immigration violations. Obtaining this waiver can be done in many ways, such as showing rehabilitation, good moral character since the violation, as well as hardship to family members. One of the greatest benefits of a U-Visa is that almost any type of inadmissibility can be waived.
A good example is of a recent case that we had. A women was a victim of repeated domestic violence finally escaped her abuser. She had entered the United States unlawfully multiple times, had been deported, and even once falsely claimed to be a US citizen. Under almost any other situation, including marriage to a US citizen, she would be permanently barred from ever being allowed to obtain legal status. The U-Visa program, however, allows for all of those inadmissibilities to be waived completely, and her U-Visa was approved.
This was an amazing success story and one that shows our knowledge and dedication to our clients’ cases. This is a clear example of why a person should never think that they cannot qualify for a U-Visa without first consulting with an immigration profession. If you think that you or someone you know may qualify for a U-Visa or any other type of immigration benefit, contact our office immediately for a free consultation.
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Kelly S. O’Reilly is a nationally known immigration expert and former immigration officer. He is a highly sought after speaker on immigration and employment compliance issues. Mr. O’Reilly serves as the current chair of the Riverside County Bar Association Immigration section and is a partner in the full-service immigration firm of the Wilner & O’Reilly where he provides free consultations. Mr. O’Reilly can be contacted at (714) 919-8880 and he welcomes email inquiries at [email protected].
