— Who can obtain a category “U” visa?

     Foreigners who have become victims of crimes such as domestic violence, human trafficking, sexual exploitation, illegal importation of foreigners into the country, blackmail, and a number of other acts prohibited by the laws of the United States.

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— Why do federal authorities actively support the legalization of foreigners who have become victims of crimes?

     Unfortunately, information about crimes against undocumented foreigners rarely reaches the police. Victims are usually afraid that they may be deported. In reality, however, reporting to the police can sometimes help a person obtain a visa or even a Green Card!

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Immigration authorities review thousands of applications for category “U” visas every year, submitted by those who have suffered from unlawful acts committed against them. One of the conditions for accepting these applications is the victims’ agreement to cooperate with the authorities in investigating the crimes and criminal organizations. Federal authorities support this program with the intention of increasing public safety and combating crime more effectively. Of course, protecting the victims themselves is no less important a task, as children and women are often among them.

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— What legal status can affected foreigners obtain?

     Initially, the victim receives a “U” visa for four years, with the possibility of subsequent extension. The visa allows legal stay in the United States and, after three years, provides the right to apply for a Green Card.

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— What gives affected individuals the right to apply for this category of visa?

     The law defines a list of unlawful acts, victims of which can obtain a “U” visa. This list includes such prohibited acts as:

• domestic violence,

• torture,

• rape,

• illegal importation of foreigners,

• human trafficking,

• sexual exploitation,

• murder or attempted murder,

• blackmail,

• attempts to bribe witnesses in judicial proceedings…

 

This list can be continued, but to obtain a “U” visa, the following conditions must be met:

• the crime must have been committed on the territory of the United States;

• only the victim of the crime can be the holder of the visa;

• the victim of the crime must have suffered — morally or physically — from the criminal acts;

• it is necessary to demonstrate readiness to assist in the investigation of the crime before obtaining the “U” visa and while holding “U” visa status in order to have the right to apply for a Green Card and/or extend the visa after receiving it.

 

— And if the victim of the crime is a foreigner under 21 years of age?

     If the applicant is under 21 years old, then the applicant, his/her spouse, children, unmarried siblings under 18 years old, and even the applicant’s parents may obtain “U” visas.

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— And if the victim of the crime is a foreigner over 21 years of age?

     If the applicant is over 21 years old, then only he/she, his/her spouse, and unmarried children under 21 years old may obtain a “U” visa.

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— And what if the victim of the crime is in deportation proceedings?

    The Department of Homeland Security has developed a special memorandum that allows foreigners to obtain “U” visas and not be deported from the United States.

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— Can the spouse and children of a “U” visa holder who are outside the United States also obtain a “U” visa?

     This is possible if the authorities of the United States consider that their presence in the United States would be justified on humanitarian grounds or in the interests of our country’s security.

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— Is there a limit on category “U” visas?

     Yes. An annual limit of 10,000 has been established.

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— And what happens to those who do not fit into the permitted ten-thousand annual visa limit?

     The U.S. Citizenship and Immigration Services will place them on a waiting list for “U” visa status. If the petition for a “U” visa was filed in accordance with the law, the U.S. Citizenship and Immigration Services will notify them that, while waiting for their turn, they may obtain work authorization.

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ATTENTION! If a crime was committed against you on the territory of the United States, you may be eligible for a category “U” visa. To confirm this, schedule a consultation with us.