Most undocumented individuals living in the U.S. are less likely to contact law enforcement if they are a victim of a crime due to the fear of deportation. To minimize this fear and to strengthen the ability of law enforcement agencies to investigate and prosecute crimes, Congress created the U nonimmigrant visa in October 2000 through the Victims of Trafficking and Violence Protection Act. Under the Act, if a victim of certain crimes meets specific requirements, such as cooperating with law enforcement, he or she may obtain legal status in the U.S. by applying for U nonimmigrant status.
To be eligible for U nonimmigrant status, an individual must meet the following criteria:
Qualifying criminal activity includes the following crimes:
On February 28, 2013, the House of Representatives also passed a version of the Violence Against Women Act, which was previously approved by the Senate, that expands the list of qualifying criminal activity to include stalking.
U nonimmigrant status is available for up to 10,000 qualifying victims annually and to their dependents; the status lasts for four years. Additionally, a person in U nonimmigrant status may be eligible for permanent resident status, or a “green card,” after three years of continuous presence in the U.S.
If you have been a victim of a crime and would like to discuss your eligibility for U nonimmigrant status, please contact Minsky, McCormick & Hallagan, P.C. to schedule a consultation.
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