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The United States has always prided itself on its fair justice system. But some people are afraid to go to the authorities when they are victimized - not because of the criminals who prey on them, but because of the authorities. Illegal Immigrants are scared to speak up if they believe that the government will deport them.

That is why the U Visa was created. The U Visa gives victims of certain crimes temporary legal status and work eligibility in the United States for up to 4 years.

Here are some guidelines that the USCIS wants you to keep in mind when applying for a U Visa:

• Family members may also be included on the petition including spouses, children, unmarried sisters and brothers under 18, mothers, fathers, as well as stepparents and adoptive parents. An approved U visa petition will automatically grant the applicant work eligibility in the United States.

• The applicant must have suffered substantial physical or mental abuse due to a criminal activity in at least one of the following categories: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, hostage situations, peonage, false imprisonment, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes. 

• All petitions must include information on how the victim can assist government officials in learning more about the crime including investigation and/or prosecution of the individual(s) who committed the crime. The victim must also be willing to work with local law enforcement. The crime must have occurred in the United States or in a U.S. territory, or violated U.S. law.

• If at any point the victim terminates cooperation with law enforcement, the certification can be withdrawn.

If you need immigration advice, contact Kravitz & Guerra’s knowledgeable Immigration Law team. Our goal is to protect and assist our clients toliterally – and legally –  make their dreams come true!