U And T Visa
US Citizenship and Immigration Services (USCIS) offers protection for those who have been victimized through human trafficking and other crimes. The U-Visa let an illegal immigrant who is the victim of a crime in the US to assist the law enforcement in bring the culprit to justice while protecting their ability to remain in the US free from deportation.
While continuing to live without a renewed visa, an individual need not be afraid to report a crime and file a complaint. Fear of deportation, causes many illegal immigrants to suppress their desire for justice and support in a tough time. A difficult time like that of having been victimized in a dangerous assault or crime, calls for different measures and the United States Government rightfully makes arrangements for the same.
What Qualifies For Criminal Activity
The primary requirement to obtain the U-visa is that an individual will assist law enforcement during the investigation and prosecution of the guilty party.
- Abusive Sexual Contact
- Domestic Violence
- Female Genital Mutilation
- Felonious Assault
- Fraud in Foreign Labor Contracting
- False Imprisonment
- Involuntary Servitude
- Obstruction of Justice
- Sexual Exploitation
- Sexual Assault
- Slave Trade
- Unlawful Criminal Restraint
- Witness Tampering
If you have been victimized, contact the Law Offices of D Robert Jones PLLC in Dallas, Texas for professional assistance needed to pursue legal status with the victim visa.
Eligibility criteria for U-Visa
To get the U-visa, an individual must meet the following six requirements:
- The applicant was the victim of the qualified crime
- The applicant suffered mental and physical abuse because of the qualified crime
- The victim should provide the information regarding the criminal activity
- The crime violated US laws and occurred in the US
- The victim should help and provide all the information during the investigation and prosecution of the crime
- Under current US immigration regulation and law, the applicant is admissible to the United States. In case they are not admissible, they can apply for the waiver that is I-192, Application for Advance Permission to Enter as the Non-Immigrant)
The U-visa is valid for four years, after which it can lead to permanent residency.
Certification of Helpfulness
When an individual applies for the U non-immigrant status, they need to fill the certification of helpfulness in the form I-918, Supplement B, the U Non-immigrant Status Certification. The form can be obtained for the certifying law enforcement agency.
This form implies that the applicant is willing to help to provide information regarding the investigation of the crime. Certifying law enforcement agency where the U visa application is found are State, Federal and local law enforcement agencies, prosecutors, judges, Equal Employment Opportunity Commission, the Department of Labor, and child protective services.
We also assist in obtaining T Visa: Immigration Relief for Survivors of Sex or Labor Trafficking and VAWA: Immigration Relief for Survivors of Domestic Violence and Other Crimes.
In case you have been a victim of human trafficking and brought to the US on account of Trafficking, it is best to apply for the T visa. You should be physically present in the US to apply for the T visa. Also, you need to prove that you have been transported or recruited to the US through fraud and deceit for pornography, prostitution, involuntary servitude, forced labor, or sexual exploitation.
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