The defense against deportation of the U Visa is for victims of certain crimes who have suffered physical or mental abuse and who provide assistance to public agencies and government officials in the investigation and / or prosecution of crimes.
Requirements to be eligible for the U Visa
-You have been the victim of a qualified criminal act;
-You have suffered substantial physical or mental abuse as a result of having been the victim of a criminal act;
-It has information about criminal activity. If you are under 16 or can not provide information due to a disability, your parent, guardian, or legal representative may possess, on your behalf, information related to the crime;
-Helped, is helping, or is likely to help police entities in the investigation or prosecution of criminal activity in the future. If you are under 16 years of age or can not provide information due to a disability, your parent, guardian, or legal representative can help police entities on your behalf.
-The crime occurred in the USA UU or violated the laws of this country;
-The victim is eligible to be admitted in the United States. If you are not eligible to be admitted, you may request a waiver with a Form I-192, Application for Advanced Permission to Enter as a Non-Immigrant.
Eligible criminal activities
- Forced labor
- Hostage taking
- Sexual aggression
- Abusive sexual content
- Human trafficking
- Involuntary servitude
- Slave trade
- Domestic violence
- Involuntary manslaughter
- Sexual exploitation or rape
- Illegal detention
- Female genital mutilation
- Obstruction of justice
- Handling of witnesses
- Assault with a weapon
- Illegal criminal restraint
- Fraud in hiring foreign labor
Once the U Visa has been approved, the immigrant can apply for a work permit (using form I-765) and then apply for the United States residence. In the context of the immigration court once your U Visa has been approved, the judge must close your case. Our immigration attorneys can help you with this process in the immigration court or outside the immigration court.
Written by attorney Petro Kostiv from Adelanto, California.