What Crimes Qualify for a U Visa?

Oct 6, 2023 | U Visa

what crimes qualify for u visa

In a world where justice should prevail, victims of specified mental or physical abuse who play a crucial role in aiding United States law enforcement or government agencies to prosecute criminal activities deserve a chance to secure their future in the country. This is where the U nonimmigrant visa, or U Visa, steps in. Created by Congress in October 2000, the U Visa aims to empower victims of heinous crimes such as human trafficking, sexual assault, physical abuse, and other violent offenses to come forward to law enforcement authorities without the fear of deportation or detainment looming over them. 

This article explores the question “What crimes qualify for U Visa?” by delving into the qualifying crimes for a U Visa, the necessary certifications for U Visa applicants, the benefits the U Visa provides to victims, and the process of applying for a U Visa.

What is a U Visa?

The U Visa is a beacon of hope for victims who have endured severe abuse, enabling them to cooperate with law enforcement and contribute to the pursuit of justice. Often, victims of such crimes hesitate to come forward due to their undocumented immigrant status, fearing the reach of US Immigration and Customs Enforcement (ICE). Consequently, criminals exploiting this fear often evade accountability, leaving immigrant communities vulnerable to further crimes. The U Visa seeks to change this narrative by encouraging victims to step forward, allowing law enforcement to investigate better and build stronger cases against criminal activities.

What Crimes Qualify for a U Visa?

The U Visa offers refuge to victims of a range of crimes that qualify for a U Visa, including but not limited to:

  • Abduction
  • Abusive Sexual Contact
  • Blackmail
  • Domestic Violence
  • Extortion
  • False Imprisonment
  • Female Genital Mutilation
  • Felonious Assault
  • Fraud in Foreign Labor Contracting
  • Hostage
  • Incest
  • Involuntary Servitude
  • Kidnapping
  • Manslaughter
  • Murder
  • Obstruction of Justice
  • Peonage
  • Perjury
  • Prostitution
  • Rape
  • Sexual Assault
  • Sexual Exploitation
  • Slave Trade
  • Stalking
  • Torture
  • Trafficking
  • Witness Tampering
  • Unlawful Criminal Restraint

Additionally, the U Visa covers similar activities where the elements of the crime substantially align. It also includes attempts, conspiracies, or solicitations to commit these crimes.

What Certifications Are Needed  For U Visa Applicants

Obtaining a law enforcement certification is essential to initiate your application for the U nonimmigrant visa. This certification process entails the completion of Form I-918B, a pivotal step. This form serves to validate your status as a victim of a qualifying crime, highlighting your readiness to collaborate with investigations and/or prosecutions related to the crime. Interestingly, the qualification for a U visa or the completion of the USCIS form doesn’t hinge on the perpetrator’s conviction. Instead, it revolves around your willingness to cooperate with United States investigations or prosecution efforts. Significantly, the form necessitates endorsement from a member of a law enforcement agency.

However, the crux of the matter often lies in acquiring this endorsement from a law enforcement agency member, which can be a formidable challenge. The process’s complexity may vary based on your unique story and circumstances. If you find yourself pondering, “Is there a U visa lawyer near me?” rest assured that the attorneys at 360 Immigration Law Group are available to guide you through the intricacies. They extend comprehensive legal support, offering consultations in English, Spanish, or Portuguese through phone calls, Zoom sessions, or WhatsApp conversations. 

What Does the U Visa Provide Victims?

When your U Visa application receives approval, it opens the door to substantial benefits, offering victims a chance to rebuild their lives with security and newfound opportunities. These advantages include:

  1. Temporary Immigration Status for Qualifying Family Members

Not only does the U Visa benefit the victim, but it also extends its protection to eligible family members. This provision acknowledges the interconnectedness of families and ensures that victims’ loved ones can also seek refuge and safety in the United States.

  1. Temporary Immigration Status with Work Authorization

One of the key concerns for many victims is their ability to support themselves and their families. With a U Visa approval, victims are granted temporary immigration status and authorization to work legally in the United States. This empowers them to contribute positively to society while securing their financial stability.

  1. Pathway to Lawful Permanent Residence Status

The U Visa offers more than temporary relief; it paves a potential pathway to lawful permanent residence (LPR) status. This is a significant step towards long-term stability and integration within the United States.

  1.  Stepping Stone to Citizenship

The U Visa’s impact goes beyond immediate benefits; it lays the foundation for a journey toward citizenship. Once accepted, you are granted lawful immigration status in the United States. This status remains valid for a period of four years.

  1. Navigating Towards Legal Permanent Residency (LPR)

After fulfilling three years as a U Visa holder, you’ll be in a position to explore the possibility of obtaining a Green Card or Legal Permanent Residency (LPR). This process can give you more permanent security and a stronger sense of belonging in the country.

How to Apply for a U Visa (Green Card)

Initiating the journey towards acquiring a U nonimmigrant visa demands your engagement with a structured process. This process commences with the completion of Form I-918, the Petition for U nonimmigrant status. This intricate document serves as the gateway to accessing the U Visa’s benefits. Within this form, a critical juncture arises in the form of the supplement B section. This is where the validation of your commitment unfolds, requiring endorsement from an authorized service. This endorsement solidifies your pledge to actively participate in investigating or prosecuting criminal activities linked to your case.

Notably, the absence of a perpetrator’s conviction does not undermine the significance of your contribution. Your willingness to collaborate and bring justice prevails, irrespective of the legal outcome against the wrongdoer. This underscores the U Visa’s emphasis on fostering a secure environment for victims to engage with the legal system, regardless of the intricacies surrounding their specific cases. Should you find yourself situated outside the territorial confines of the United States, embarking on this journey becomes a nuanced endeavor. At this point, the expertise of a U Visa attorney becomes an invaluable asset. One such resource is the team at 360 Immigration Law Group. Collaborating with our legal experts is pivotal in navigating the complexities of the U Visa application process, especially when geographical boundaries come into play. Our adept guidance extends to clients within the United States and across international borders. Contact us today at 954.667.3660 for a free consultation.