Crime Victims May Stay Under U Visa

Undocumented aliens who are victims of certain crimes may now be eligible to stay in the U.S. under a new temporary visa known as the U visa.

The U visa, which was implemented on October 15, was created under the Victims of Trafficking and Violence Protection Act of 2000. It offers protection to crime victims and helps enforcement agencies to prosecute criminals.

10,000 visas will be available every year. Those granted the visa will be allowed to remain and work in the U.S. for four (4) years. Extensions may be granted if the alien’s continued presence is needed for the prosecution of a crime.

The accompanying spouse, children, unmarried siblings below 18 and parents, may also be eligible to apply for the visa if the petitioner victim is under 21. If he/she is 21 or older, the spouse and children may be included.

Permanent resident status may be granted to the petitioner if he/she has been physically present in the U.S., for a continuous period of at least three (3) years since the date of his/her admission as a nonimmigrant and his/her continued presence is justified on humanitarian grounds or is in the best interest of the public.

To be eligible, the crime victim must have suffered substantial physical or mental abuse and must possess information about the criminal activity. In addition, he must be helpful to the investigation or prosecution of the crime and the activity must have violated federal, state or local criminal law.

Qualifying criminal activities include murder, rape, torture, sexual exploitation, extortion, witness tampering, obstruction of justice and false imprisonment. They also include domestic violence, sexual abuse, trafficking or other crimes which vulnerable immigrants are often targeted.

Civil rights advocates have hailed the U program as necessary to encourage victims, especially trafficking victims, to come out in the open without fear for their safety or for their deportation.

According to government estimates, 50,000 foreign nationals are victims of human trafficking in the U.S. each year. Many of them come from the Philippines and other Southeast Asian countries and from Latin America.

Human trafficking is a form of modern-day slavery. Victims are often lured from poor countries with false promises of gainful employment. But once they are in the U.S., they are forced to work under inhuman conditions with long hours and low pay. Victims usually work as domestics, nannies, waitresses and factory workers.

To file for U visa status, an alien victim must submit Form I-918 to the Vermont Service Center. Attached to the petition must be a certification of helpfulness from a federal, state or local enforcement agency or a prosecutor, judge, or other authority charged with the investigation or prosecution of the criminal activity.