U Visa (for Crime Victims)
U visa is for persons who: (a) have suffered substantial physical or mental abuse as a result of having been a victim of “qualifying criminal activity;” (b) possess credible and reliable information establishing that (s)he has knowledge of the details concerning the criminal activity; (c) have been helpful, or are likely helpful to a certifying agency in the investigation or prosecution of the criminal activity; and (d) the criminal activity occurred in the U.S. (including Indian country and U.S. military installations), in U.S. territories or possessions, or violated a U.S. federal law that provides for extraterritorial jurisdiction. “Qualifying Criminal Activity” includes one or more of the following or any similar activities in violation of federal, state, or local criminal laws: abduction; blackmail; domestic violence; extortion; false imprisonment; felonious assault; female genital mutilation; 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; sexual contact (abusive); sexual exploitation; slave trade; stalking; torture; trafficking; unlawful criminal restraint; witness tampering; or attempt, conspiracy, or solicitation to commit any of these crimes. Victim of Qualifying Criminal Activity means: (i) a person who has suffered direct and proximate harm as a result of the commission of one of the criminal acts named above or (ii) “indirect victim” family members where the direct victim is deceased due to murder or manslaughter or is incompetent or incapacitated and where the family is the spouse and children under 21, and if the direct victim is under 21, his or her siblings under 18 and parents as well as spouse and children; or (iii) where the person is the victim of witness tampering, obstruction of justice or perjury, including attempt, solicitation or conspiracy to commit one or more of those offenses if (s)he 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 abuse or exploitation of or undue control over the petitioner. U status is approved for 4 years and can be extended if the certifying official attests that the U-1 presence in the U.S. is necessary to assist in the investigation or prosecution of the qualifying criminal activity. Spouse is eligible for U-2 status and children under 21 for U-3 status. Where the U-1 is under 21, his parents are eligible for U-4 status and unmarried siblings to U-5 status. For more information and to schedule a CONSULTATION to help you with your U visa (status), please contact us via email or call us at (480) 425-2009 TODAY!