Providing an Immigration Path to Help Crime Victims Rebuild Their Lives

Every day, horrible crimes are committed against victims across the United States, and the government and investigative agencies face an uphill battle in identifying and prosecuting the perpetrators. In many cases, it’s the victims themselves who are key to the investigative process. But when a victim doesn’t have legal status in the United States, they may be hesitant to come forward for fear of facing immigration consequences. The U Visa seeks to address this issue by providing crime victims with a path to legal residency if they are willing to cooperate with the authorities.

If you’re a crime victim who has suffered at the hands of the perpetrator, in the United States and are willing to cooperate with authorities, contact Mi Sueño Americano at (323) 672-4423. Our team will help you schedule a consultation with a Los Angeles visa lawyer who can provide more information and help 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 have 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 in 2000. A U visa provides protection and legal status for immigrants who are crime victims who are willing to assist law enforcement, and it is generally granted for cases that involve major crimes, such as sexual assault, human trafficking, felonious assault, and domestic violence.

What Is the Difference Between a U Visa and a T Visa?

U visas are commonly confused with T visas, and while there are some similarities between the two options, they are for different groups of people. While a 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 for the victim to have been a victim of other crimes, as is the case with a U visa.

There are also differences in the number of visas available, with twice as many U visas available every year as T visas. An attorney can evaluate your case and help you determine whether the T visa or U visa is a better fit for 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 sexual assault. In others, you may need to show specific documentation of 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 naming you as a victim.

Some examples of qualifying criminal activities include, but aren’t limited to:

• Abusive sexual contact
• Domestic violence
• Felonious assault
• Fraud in foreign labor contracting
• Kidnapping
• Murder
• Prostitution
• Trafficking
• Witness tampering

The crime also needs to have either been committed within the United States or clearly violated this country’s laws.

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

Talk to a Los Angeles U Visa Attorney

Applying for a U visa can be a long and sometimes complex process that involves a great deal of documentation. It’s often difficult for victims to revisit the experiences that have happened to them, even if they’re doing so for the greater good and their own benefit. Working with an immigration law attorney means you have a knowledgeable guide who is there to explain the process, advocate for your rights, and help you through each step.

At Mi Sueño Americano, we know taking this step can be difficult and involve conflicting emotions. We’re 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 option. Start by calling our firm at (323) 672-4423 to schedule a time to talk to an attorney.