Victims of Crime and Domestic Violence Can Apply for the U Visa
Victims of crime, Including domestic violence (even if not legally married to their abuser), may qualify for a U Visa. Congress created the U Visa to help immigrant victims report
crimes and seek legal protection from law enforcement without fear of deportation. Law enforcement agencies such as the police, district attorneys, and child protective services work with U Visa applicants.
If an immigrant is a victim of a qualifying crime, reports it, and cooperates with law enforcement, they may apply for U status. This status lasts four years. After three years of living in the U.S. with U status, they may apply for a green card.
- Petitioner Under 21: Can include their spouse, children, parents, and unmarried siblings under 18 in their petition.
- Petitioner Over 21: Can include their spouse and children under 21.
Even immigrants in deportation proceedings or with a deportation order can apply for U status.
Eligibility Criteria for U Visa Status
To apply for U Visa status, an immigrant must show:
- Substantial Harm: They suffered significant physical or psychological harm as a victim of a qualifying crime.
- Law Enforcement Certification: A law enforcement agency (such as the police or child protective services) must certity that the applicant has been or will be helpful in investigating or prosecuting the crime.
Qualifying Crimes for U Visa
Not every crime qualifies for U Visa status. Only specific crimes listed in the statute are eligible. These include:
- Rape
- Incest
- Domestic violence
- Trafficking
- Kidnapping
- Manslaughter
- Felonious assault
- Extortion
Attempts, conspiracies, or solicitations to commit these crimes also qualify. Some crimes, like strangulation or stalking, may fall under the domestic violence or felonious assault categoties.
Proving Victimhood of a Crime
Every U Visa Petition must include certification from a law enforcement agency. This document confirms that the crime was reported and that the victim helped in the investigation or prosecution. A certification can still be obtained even if the investigation did not result in an arrest or conviction, which is common in domestic violence cases.
Specially trained domestic violence agents in New York’s police departments can cerfity U Visa applications. They understand the unique challenges domestic violence victims face.
What if the Crime Happened Years Ago?
Even if the crime occurred years ago, it’s still possible to get certification and apply for a U Visa. For instance, we successfully obtained a certification for a client who was stabbed in the 1990s and another for a woman who fleed her abusive boyfriend several years ago. While the certification process is discretionary, law enforcement agencies may still issue certifications for old cases, depending on the jurisdiction.
Contact Us
If you’re a victim of a qualifuing crime or domestic violence, call us at 1-212-379-6471 to schedule a consultation. We can help you determine your eligibility for a U Visa. If you’re unable to visit our New York City office, we can assist you over the phone or Zoom.
