Relief for Victims

Greencard - US / Irish Immigration Questions

Relief for Victims

September 13, 2007

By Debbie McGoldrick

THE U.S. Citizenship and Immigration Service (USCIS) announced details of a new visa classification last week that is designed for undocumented immigrants – but it’s a visa that will hopefully be used sporadically given its eligibility requirements.

The new U visa grants temporary non-immigrant status to certain crime victims who cooperate with government officials in the prosecution of said crime. Victims meeting the U visa standard will be granted legal status in the U.S. for up to four years, as will any eligible family members, i.e., a spouse, unmarried children under the age of 18, and a victim’s parents.

“Not only do eligible petitioners obtain legal status to remain in the country, but will also be provided referrals to nongovernmental organizations for assistance and additional resources, and automatic employment authorization,” according to a USCIS press release.

There will be 10,000 U visas available each year. The U classification was actually created seven years ago as part of the Victims of Trafficking and Violence Protection Act in order to encourage undocumented crime victims to contact law enforcement, but post-September 11 issues prevented their issuance until the current time.

“Many immigrant crime victims fear coming forward to assist law enforcement because they may not have legal status,” says USCIS Director Emilio Gonzalez. “We’re confident that we have developed a rule that meets the spirit of the Act; to help curtail criminal activity, protect victims, and encourage them to fully participate in proceedings that will aid in bringing perpetrators to justice.”

What’s the criteria for obtaining a U visa? Several standards must be met. According to USCIS:

“(One) the individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity; (2) he/she has information concerning that criminal activity; (3) he/she has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime; and (4) the criminal activity must have violated the laws of the U.S. or occurred in the U.S.”

What qualifies as a criminal activity?

“Qualifying criminal activity is defined by statute as that being an activity involving one or more of a long list of activities that violate federal, state or local criminal law – from murder, rape, torture, sexual exploitation, and extortion to witness tampering, obstruction of justice, false imprisonment, etc. This is not an exclusive list – in fact, the list of qualifying crimes represents the myriad types of behavior that can constitute domestic violence, sexual abuse, trafficking, or other crimes which vulnerable immigrants are often targeted.”

Any alien can say they’re a victim of a crime and apply for this special status?

“Not quite. The petition for U nonimmigrant status must be filed by the alien victim and also contain a certification of helpfulness from a certifying agency. That means the victim must provide a U nonimmigrant status certification (Form I-918, Supplement B) from a federal, state, or local law enforcement official that demonstrates the petitioner ‘has been helpful, is being helpful, or is likely to be helpful’ in the investigation or prosecution of the criminal activity.”

What qualifies as a “certifying agency?”

“Certifying agencies include federal, state, or local law enforcement agencies, or a prosecutor, judge, or other authority that has responsibility for the investigation or prosecution of the criminal activity. The rule also includes other agencies such as child protective services, the Equal Employment Opportunity Commission, and the Department of Labor, since they have criminal investigative jurisdiction within their respective areas of expertise.”

For more information – though, again, it is hoped that readers will not need to avail of a U visa – visit www.uscis.gov.

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