The U Non Immigrant Visa

August 23, 2012 § Leave a comment

The U non immigrant visa was created under the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) during the last decade in October 2000. This was passed to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes. It also protects victims of crimes who have suffered substantial mental or physical abuse because of the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.

You may qualify for a U non immigrant visa if you

  • are the victim of criminal activity.
  • suffered lot of physical or mental abuse as a result of having been a victim of criminal activity.
  • have information about the criminal activity. If you are under the age of 16 or not able to give information because of a disability, your parent, guardian, or next friend may have the information about the crime on your behalf.
  • were of help, are helpful, or are likely to be of help to law enforcement in the investigation or prosecution of the crime. As stated earlier, if you are under the age of 16 or not able to provide information because of a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
  • The crime occurred in the US or violated US laws
  • are admissible to the US. If you are not admissible, you can apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant.

To petition for a U visa, you have to submit Form I-918, Petition for U Nonimmigrant Status and Form I-918, Supplement B, U non immigrant Status Certification, on which a law enforcement official confirms that you were or will likely be helpful in the prosecution of the case. In addition, you have to submit a personal statement describing the criminal activity of which you were a victim and proof to establish each eligibility requirement.

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