In 2000, Congress created a nonimmigrant visa category that allows victims of certain crimes to obtain a visa. The U visa program, which Congress created through the Victims of Trafficking and Violence Protection Act, allows undocumented immigrants in the United States to obtain a nonimmigrant visa when they have been the victim of “mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.”
According to the U.S. Citizenship and Immigration Services, Congress implemented the U visa program to “to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes,” while at the same time protecting victims of certain crimes.
How Do I Qualify for a U Visa?
To qualify for a U visa, an applicant must be the victim of a qualifying criminal activity and have suffered substantial physical or mental abuse. Qualifying criminal activities include:
- Domestic violence;
- Abduction;
- Sexual assault;
- False imprisonment;
- Blackmail;
- Stalking; and
- Abusive sexual contact.
In addition, the crime must have occurred in the United States or violated U.S. laws. Furthermore, in order to qualify for the U visa, an applicant must have information regarding the criminal activity that will be helpful to the investigation or prosecution of the crime.
USCIS places a yearly cap on U visas at 10,000; however, there is no limit on the number of family members applying for U visa status as a derivative of a principal applicant. U visas permit immigrants to work in the United States and last four years with possible extensions. In addition, while on a U visa, an immigrant can adjust to lawful permanent resident status.
The Effectiveness of the U-visa Program
A recent special report on the U visa program suggests that the program has been hit or miss for applicants. Specifically, the report found that the ability of undocumented immigrants to obtain U visas is “largely a matter of geography.”
One major problem is that police and prosecutors in certain cities readily verify that an undocumented crime victim may cooperate with authorities, while authorities in other cities make it much more difficult. If a visa applicant does not obtain a certification then the applicant will not be approved for a U visa. Additionally, the report described how authorities in some cities are usurping the authority of USCIS to decide the type of crime or injury that qualifies under the U visa program.
According to the report, from 2009 to 2014, Chicago has had the third most U visa certifications, behind Oakland and Los Angeles.
Contact a Chicago, Illinois Immigration Attorney
If you have any questions regarding U visas or any other nonimmigrant or immigrant visas, an Illinois immigration attorney can help answer your questions. Katz Law Office, Ltd. employs a team of experienced immigration attorneys who can guide you through the process of obtaining a nonimmigrant or immigrant U.S. Visa. From advising you on the right type of visa, to filing your visa application, to handling your visa renewal, our immigration attorneys can help you and your family through the entire immigration process.
If you need visa assistance, please contact our Chicago immigration attorneys today. We have several convenient offices located throughout the Chicagoland area.
