U NONIMMIGRANT STATUS
Assisting Law Enforcement in Investigation Criminal Activity
If you have been the victim of a crime here in the United States, you may be able to acquire legal status by helping law enforcement in the investigation and prosecution of that crime.
In 2000, Congress approved the U Nonimmigrant Status, commonly referred to as “U Visa.” When creating the new nonimmigrant category, Congress had two intents: first, to encourage immigrants to come forward and assist law enforcement agencies in the prosecution of criminals; and second, to provide humanitarian relief to victims of crime who did not have legal status in the United States. If you are in danger or have been the victim of a crime, U.S. law enforcement officials encourage you to report the criminal activity, even if you have no lawful status.
The U Visa allows victims who suffered substantial physical or mental abuse as a result of certain criminal activities to qualify for legal status, so long as the applicant meets certain criteria:
• Applicants must have helped in the investigation or prosecution of criminal activity;
• A Police Department, Court, District Attorney’s office or other enforcement agency must certify that the applicant was helpful in either the investigation or prosecution of the crime;
• Additionally, it is necessary to show that the applicant suffered substantial physical or mental abuse as a result of having been the victim of a crime.
Only certain criminal activity qualifies you to apply for a U Visa. These include: domestic violence, kidnapping, attempted murder, prostitution, rape, sexual assault, trafficking, witness tampering, and any other related crimes. It also includes attempt, conspiracy, or solicitation to commit the crimes listed herein.
