In order to be eligible for a U-visa, you must prove the following:
- You are a person who has suffered substantial physical or mental abuse as a result of having been a victim of “qualifying criminal activity;”
- You have credible and reliable information establishing that you have knowledge of the details concerning the criminal activity;
- You are helpful, have been helpful, or are likely to be helpful in the investigation or prosecution or the criminal activity; and
- The criminal activity occurred in the U.S. INA §101(a)(15)(U), 8 C.F.R. §214.14(b).
Crimes whose victims may qualify for U nonimmigrant status include, but are not limited to:
- Domestic Violence
- False Imprisonment
- Felonious Assault
- Female Genital Mutilation
- Fraud in Foreign Labor Contracting
- Being held as a Hostage
- Involuntary Servitude
- Obstruction of Justice
- Sexual Assault
- Sexual Contact
- Sexual Exploitation
- Slave Trade
- Unlawful Criminal Restraint
- Witness Tampering
- Attempt, conspiracy, or solicitation to commit any of these crimes. INA § 101(a)(15)(U)(iii); 8 C.F.R. §214.14(a)(9)
After a U-Visa holder has had three years of continuous presence while in U-visa status, they may be eligible to adjust their status to that of a Legal Permanent Resident.
If you or your loved one are undocumented and have been a victim of a crime, please do not hesitate to contact us at 972-369-2662. We would be happy to discuss your eligibility for a U-visa and help you apply for one.