Immigration Options for Victims of Criminal Activity: U Visas

Описание: “U visas” are for victims of certain qualifying crimes that violated U.S. laws or were committed in the United States or its territories and possessions. To qualify, you must be able to document that you (1) were a victim of a qualifying criminal activity, (2) suffered substantial physical or mental abuse as a result of the crime, (3) possess information about the criminal activity, and (4) have been, are being, or are likely to be helpful in the investigation or prosecution of the crime.

If your “U visa” application (filed with USCIS on Form I-918) is approved, you will receive U-nonimmigrant status for a period of 4 years. After at least 3 years of continuous presence in U-nonimmigrant status in the United States, you are eligible to apply for Lawful Permanent Residency to remain in the United States.

A list of the qualifying criminal activities can be found at 8 U.S.C. 1101(a)(15)(U)(iii), which states: “the criminal activity referred to in this clause is that involving one or more of the following or any similar activity in violation of Federal, State, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; stalking; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; fraud in foreign labor contracting (as defined in section 1351 of title 18); or attempt, conspiracy, or solicitation to commit any of the above mentioned crime”

The application form and instructions can be found here on the USCIS website.

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