Being a victim of violence is an overwhelming event for anyone to deal
with. Now imagine having to go through pain and healing, all while being
afraid that you might be deported because you are not a U.S. Citizen.
In the Fall of 2000, the U.S. Government developed enhanced regulations
to enable victims of crimes to stay in the United States and not fear
deportation because their undocumented status had been discovered.
How You Can Qualify for a U-Visa:
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You are the victim of criminal activity -The government has published an extensive list describing the events that
would qualify you for a U-Visa. They span violent and psychological crimes
and provide for your safety if you have experienced any of them. It is
important to look at the police report made to see whether your criminal
activity may qualify.
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You were helpful in the investigation or the prosecution of the crime -
To be eligible for a U-visa you must be willing to assist law enforcement
with information about the crime, and the police department or law enforcement
agency must certify that you were helpful to their investigation or prosecution.
Anyone who has information but is under the age of 16 is allowed to have
a representative communicate on their behalf, but would still remain eligible
for the visa.
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You are admissible and the crime happened in the U.S. -
These two qualifiers are important, first and foremost because if the crime
happened overseas, you wouldn’t be eligible for a U.S. visa. You
must also be admissible, meaning your record is free from any crime, fraud
or immigration violation. There are also waivers available if you have
inadmissibility issues.
Applying for A U-Visa
The process for obtaining a U-Visa is relatively straightforward. There
is a petition to fill out, as well as a personal statement describing
the crime and your involvement. It’s the government’s intention
to provide this documentation as a way to help bring criminals to justice,
not as a way to weed out and punish those who are in the country illegally.
Do not let the fear of being deported prevent you from speaking out against
your aggressors. Being the victim of a crime is serious, and you deserve
the same amount of protection and justice as anyone else in the country.
Make sure that you protect yourself by applying for the U-Visa and being
cooperative in the investigation. Depending on the situation, your family
members may also be eligible for a U-Visa status.
If you have been the victim of a crime, do not live in silence. Contact
Landerholm Immigration today for assistance with your situation.
