Providing an immigration pathway to help crime victims rebuild their lives

Every day, horrific crimes are committed against victims throughout the United States, and government and investigative agencies face an uphill battle to identify and prosecute the culprits. In many cases, the victims themselves are key to the investigation process. However, when a victim does not have legal status in the United States, they may hesitate to report for fear of facing immigration consequences. The U Visa seeks to address this issue by providing crime victims with a pathway to legal residency if they are willing to cooperate with the authorities.

If you are a victim of a crime who has suffered at the hands of a perpetrator in the United States and are willing to cooperate with the authorities, please contact Mi Sueño Americano at (323) 672-4423. Our team will help you schedule a consultation with a Los Angeles visa attorney who can provide more information and assist you with this process, even if the crime occurred in the distant past.

What is a U Visa?

A U visa is a non-immigrant visa option for crime victims who possess knowledge that could be helpful to a government investigation. The U visa status option was created by Congress as part of the Victims of Trafficking and Violence Protection Act of 2000. The U visa provides protection and legal status to immigrants who are victims of crimes and are willing to assist law enforcement, and it is generally granted for cases involving serious crimes such as sexual assault, human trafficking, aggravated assault, and domestic violence.

What is the difference between a U Visa and a T Visa?

U visas are often confused with T visas and, although there are some similarities between the two options, they are intended for different groups of people. While the T visa also requires the victim’s cooperation with authorities, it is strictly for those who are victims of sex or labor trafficking. There is also no specific requirement that the victim has been the subject of other crimes, as is the case with the U visa.

There are also differences in the number of visas available, as twice as many U visas are available each year compared to T visas. An attorney can evaluate your case and help you determine whether the T visa or the U visa is better suited to your situation.

Who is eligible for a U Visa?

To be eligible for a U visa, you must be a victim of a qualifying crime and have suffered “substantial physical or mental abuse.” In some cases, the crime itself is a perpetration of physical abuse, such as in the case of a sexual assault. In others, you may need to provide specific documentation on how the criminal activity has affected your mental state. An attorney can help you identify and gather evidence to support this part of your case, such as a statement from a mental health professional or a police report identifying you as a victim.

Some examples of qualifying criminal activities include, but are not limited to:

• Abusive sexual contact
• Domestic violence
• Aggravated assault
• Fraud in foreign labor contracting
• Kidnapping
• Murder
• Prostitution
• Human trafficking
• Witness tampering

The crime must also have been committed within the United States or have clearly violated the laws of this country.

As a victim with knowledge of criminal activity, you must be willing to help law enforcement and provide information about the crime. In some cases, such as if you are under 16 years of age or have a disability, you may qualify for a parent or friend to provide the information to the authorities on your behalf. A spouse or minor child could also obtain residency as family members of a U Visa beneficiary.

Speak with a U Visa Attorney in Los Angeles

Applying for a U visa can be a long and sometimes complex process that requires a significant amount of documentation. It is often difficult for victims to relive the experiences they have suffered, even if they do so for the common good and their own benefit. Working with an immigration attorney means having an expert guide who is there to explain the process, defend your rights, and help you every step of the way.

At Mi Sueño Americano, we know that taking this step can be difficult and involve mixed emotions. We are here to answer your questions about the U visa process and ensure you have the legal guidance you need if you choose to pursue this path. Begin by calling our firm at (323) 672-4423 to schedule an appointment to speak with an attorney.