U Visa: Who Qualifies for One & How Do They Work
2/7/2024
U Visas Are A Type Of Visa That We Have Experience Processing For Some Of Our Clients
Like any immigration related matter, many questions arise as to what the process involves. Timing, qualifications, and of course the process itself. This article gives explains what the U Visa is and how it works. But before we get to that information, we want to highlight the topic of timing.
Recently, we have noticed that the priority date for some U Visas has been extended way into the future with delays up to four years. Currently, experts are estimating that the government will take about 12 years to catch up on U Visas pending applications. This delay is not new. We noticed it years ago, however based on the latest information, the backlog will continue.
We typically advise not wait on any immigration matter (unless recommended by your attorney). Immigration can often have an unexpected change so, if you qualify for relief, explore your options.
U VISAS (CRIME VICTIMS)
A U Visa is non-immigrant Visa for certain victims of criminal activity in the United States. To qualify for a U Visa, the victim has to prove that she/he suffered a direct and proximate harm as a result of the commission of one of the following criminal acts or any similar activities in violation of federal, state, or local criminal laws such as:
Abduction; blackmail; domestic violence; extortion; false imprisonment; felonious assault; female genital mutilation; forced labor o fraud in foreign labor contracting, hostage (being held as a); incest; involuntary servitude; kidnapping; manslaughter; murder; obstruction of justice; peonage; perjury; prostitution; rape; sexual assault or sexual contact (abusive) or sexual exploitation; slave trade; stalking, torture; trafficking; unlawful criminal restraint; witness tampering; or attempt, conspiracy, or solicitation to commit any of these crimes.
Any “similar activity” refers to criminal offenses in which “the nature and elements of the offenses are substantially similar to the statutorily enumerated list of criminal activities. Agencies will also look to see whether the crime involved is within the category of crimes enumerated because they have parallel elements. The above list of specific statutory violations shall not be considered restrictively, but instead a list of general categories of criminal activity.
A direct victim may include a witness to the crime who had a severe reaction such as a miscarriage or heart attack. Indirect victims include family members of the direct victim such as the spouse and children under 21.
If the direct victim was under 21, his or her siblings under 18 and parents as well as spouse and children may qualify as indirect victims. A person may be the victim of witness tampering, obstruction of justice or perjury, including attempt, solicitation or conspiracy to commit one or more of those offenses if he or she has been directly and proximately harmed by the perpetrator of those crimes and the perpetrator committed them as a means to avoid or frustrate efforts to investigate, arrest, prosecute or otherwise bring to justice the perpetrator for other criminal activity or to further the perpetrator’s abuse or exploitation of or undue control over the petitioner.
Lozano Law Firm
5718 University Heights Blvd #104,
San Antonio, TX 78249
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