Which Types of Crimes Qualify for U Visas? 2024

Individuals who have immigrated to the United States and have been subject to certain severe crimes can receive protection through the U visa program. The U visa program was established by the Victims of Trafficking and Violence Protection Act in 2000 with the intention of protecting crime victims with noncitizen status and fighting crime in the country. As U visas come with serious benefits and relief, a common question asked is, “Which types of crimes qualify for U visas?”

Understanding the U Visa Program and Its Purpose

In order to understand the significance of the types of crimes that qualify for a U visa, it is important to know what a U visa is first. A U visa is a nonimmigrant visa that is awarded to people who have suffered from severe crimes and undergone serious mental or physical abuse. The U visa gives people the opportunity to work and live in the United States for up to four years, with an option to apply for lawful permanent resident status after three years.

An important U visa requirement is that the applicant must cooperate with law enforcement or show willingness to cooperate in the persecution or investigation of the crime the individual has been a victim of. While this can be emotionally challenging for U visa applicants, it opens up an avenue to come forward about the crime and pursue justice without fearing deportation. It also helps law enforcement hold perpetrators accountable.

Crimes That Qualify for U Nonimmigrant Visas

For a crime to qualify a victim for a U visa, it must be specifically severe. U visa-qualifying crimes typically involve coercion, exploitation, or violence. The U.S. Citizenship and Immigration Services (USCIS) has a specific list of crimes that qualify for U visas; however, this is not an exhaustive list. Crimes that qualify for U visas include:

• Human Trafficking CrimesHuman trafficking particularly refers to labor trafficking and sex trafficking and is a particularly brutal crime that visa holders have been subject to. Human trafficking involves the coercion of individuals into sexual exploitation or labor that is forced through means such as violence or threats. Trafficking victims who help prosecute the people who trafficked them can receive critical protections under the EU visa program.
• Sexual Assault CrimesSexual assault crimes include those that involve a sexual behavior or act the victim did not consent to. Examples of sexual assault include sexual abuse, molestation, and rape. While reliving the trauma associated with sexual assault can be deeply challenging, individuals who have survived these egregious acts can gain an opportunity to help law enforcement prosecute their abuser, ensuring their safety and preventing them from harming others.
• Domestic Violence CrimesDomestic violence is characterized by either psychological, emotional, sexual, financial, or physical abuse carried out against a person by a family member, spouse, or partner in the home. Individuals who survive instances of domestic violence can leverage the U visa program as a safety net to leave their unsafe situation at home without fear of deportation. Many people who hold U visas obtain their documents by reporting domestic violence crimes.
• Abduction and Kidnapping CrimesAbduction and kidnapping crimes usually include forcefully restraining or transporting a person against their consent. People who survive abduction, kidnapping, or unlawful imprisonment may be able to obtain a U visa if they cooperate with law enforcement. The U visa program provides individuals who have experienced kidnapping or abduction crimes with an opportunity to find a way out and develop their lives further.

Other crimes that can qualify an individual for a U visa include stalking, felonious assault, manslaughter or murder, obstruction of justice or perjury, extortion, and female genital mutilation. Depending on the case, conspiracy to carry out these crimes against the U visa applicant can also serve as legal grounds for protections to be granted.

FAQs

What Types of Crimes Qualify for a U Visa?

There are a variety of crimes that may qualify crime victims for a U visa. Such crimes include abduction, sexual assault, human trafficking, domestic violence, severe assault, stalking, involuntary servitude, and extortion. By working with an experienced immigration attorney, you can understand whether the crimes you have suffered and your personal background qualify you for U visa eligibility.

Do Victims Have to Cooperate With Law Enforcement to Get a U Visa?

Yes, in order to obtain a U visa, applicants must show willingness to help law enforcement with the prosecution or investigation of the crime in question or have already assisted. A requirement for a U visa application includes a Form I-918, Supplement B, signed by law enforcement, which states the applicant’s cooperation or willingness to cooperate. An experienced lawyer can help you understand how U visa requirements may impact your case.

What Happens if My U Visa Application Is Denied?

If you are facing a U visa application denial, it is recommended that you work with an experienced immigration attorney. They can take into account the circumstances of your case, the stated reasons for rejection, and your previous application to understand the options you may have available. In some cases, you may be eligible to file a motion to reconsider or appeal the motion. Reach out to an immigration attorney, and they can also help you explore other forms of legal relief.

Can I Apply for a Green Card After Holding a U Visa?

Yes, U visa holders are eligible to apply for a green card after a certain period of time. However, they need to meet various specific requirements, including maintaining admissibility to the United States and continuing to assist law enforcement with any ongoing investigations or prosecutions related to the crime. A skilled immigration lawyer can assist you with determining eligibility and applying for a green card if you are a U visa holder.

Protect Your Rights With an Experienced Immigration Lawyer

If you have been subject to a crime while located in California or the United States and are dealing with unstable immigration circumstances, a skilled immigration lawyer from U.S. Law Center is here to assist you. We can collaborate one-on-one with you to understand your case details and goals, exploring options for relief such as a U visa. Contact us today to learn more about how you can obtain immigrant status through opportunities such as the U visa.