Crime victim? You may be eligible for immigration status
The U visa was created by Congress for crime victims and their families. 10,000 U visas are available every year. There are 27 qualifying crimes. Victims of the following crimes may be eligible for U non-immigrant status: domestic violence, felonious criminal assault, blackmail, prostitution, rape, human trafficking and related crimes.
U status does not just give work authorization but, after having the status for three years, can result in Lawful Permanent Residence. Congress’ intention in developing the U was not just to protect victims of crimes but to help law enforcement investigate crimes and prosecute criminals. Doing so also results in safer communities.
Victims do not need to be in lawful immigration status to qualify for the U but must first secure a Form I-129B (available at uscis.gov) certified by law enforcement (sheriff deputy, police officer, judge or prosecutor, for example). Obtaining the certification, however, can be the most difficult part of the process for some victims who must also prove that they suffered physical or mental abuse, possess information about the crime that has been or could be useful in an investigation.
For victims under 21, qualifying relatives include spouses, unmarried children under 21, and unmarried brothers and sisters under 18. For those victims 21 or over, qualifying relatives include spouses and unmarried children under 21.
In addition to the U, the T visa was created for victims of trafficking. Victims of domestic violence by US citizen or permanent resident spouses, children, or parents may be eligible to file for residency under the Violence Against Women Act.
For more information about immigration benefits for crime victims, visit http://www.uscis.gov/tools/humanitarian-benefits-based-resources/resources-victims-human-trafficking-other-crimes ,or call USCIS at 800 375 5283 or an attorney experienced in immigration matters.
Attorney Elizabeth Ricci concentrates on immigration law. She is the managing partner of Rambana & Ricci, PLLC in Tallahassee. She can be reached at 850 224 4529.
