Questions & Answers: Victims of Criminal Activity, U Nonimmigrant Status
The U nonimmigrant status (U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Below are Qeustions and Answers pertaining to U nonimmigrant visas.
Background
Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women's Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes while, at the same time, offer protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve victims of crimes.
Q: How Does One Become Eligible for U Nonimmigrant Status?
A: There are four statutory eligibility requirements. The individual must:
•· The individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity.
•· The individual must have information concerning that criminal activity.
•· The individual must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.
•· The criminal activity violated U.S. laws
Q: What Qualifies as "Criminal Activity"?
A: Qualifying criminal activity is defined as being an activity involving one or more activities that violate U.S. criminal law, including
- Genital Female Mutilation
| | - Unlawful Criminal Restraint
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Q: What are the Procedures to Request U Nonimmigrant Status?
A: Foreign national victims of crime must file a, Form I-918, Petition for U Nonimmigrant Status. The form requests information regarding the petitioner's eligibility for such status, as well as admissibility to the United States. Currently, USCIS has designated its Vermont Service Center as the centralized location to receive all U nonimmigrant petitions.
Q: Is There a Fee for Applying for U Nonimmigrant Status?
A: No. The program involves the well being of petitioners and USCIS' decision to waive the petition fee reflects the humanitarian purposes of the law.
Petitioners for a U nonimmigrant status are entitled to request a fee waiver of any form associated with the filing for the U nonimmigrant status.
If you are unable to pay the filing fee, you may submit a Request for Fee Waiver, Form I-912 (or a written request).
Q: What Prevents Any Foreign National From Claiming This Status By Saying They Were a Victim of a Crime?
A: A petition for U nonimmigrant status must also contain a certification of helpfulness from a certifying agency. That means the victim must provide a U Nonimmigrant Status Certification (Form I-918, Supplement B), from a U.S. law enforcement agency that demonstrates the petitioner "has been helpful, is being helpful, or is likely to be helpful" in the investigation or prosecution of the criminal activity.
Q: What Qualifies as a "Certifying Agency"?
A: Certifying agencies can be Federal, State or local law enforcement agencies, prosecutors, judges or other authority that investigates or prosecutes criminal activity.
Other agencies such as child protective services, the Equal Employment Opportunity Commission, and the Department of Labor also qualify as certifying agencies since they have criminal investigative jurisdiction within their respective areas of expertise.
Q: How Long Can One Maintain the U Nonimmigrant Classification?
A: U nonimmigrant status cannot exceed four years. However, extensions are available upon certification by a certifying agency that the foreign national's presence in the United States is required to assist in the investigation or prosecution of the qualifying criminal activity.