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An Inside Look at U Visa
What is U Visa? U visa status was introduced in 2000 to help crime victims. The purpose is to encourage victims of crime to help law enforcement to investigate and prosecute crimes without the fear of being deported from the USA. The U visa includes domestic violence, stalking, sexual assault, and felony assault, among other crimes. The complete list is added later on. On getting a U visa, the applicant will get a work permit (Employment Authorization Document) and the ability to apply for lawful permanent residence (Green Card) after three years. After five years as a legal permanent resident, s/he can apply for citizenship (naturalization). Requirements and Preconditions of U Visa Victims of any of the following crimes could qualify for a U visa if the crime took place in the US: Rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, stalking, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, fraud in foreign labor contracting, or attempt, conspiracy, or solicitation to commit any of the above-mentioned crimes. However, just because someone was the victim of one of these crimes does not mean that s/he will automatically qualify. They have to meet the other requirements to prove and establish their position To get a U visa, the applicant must match the following requirements as well: The applicant must obtain a certification from law enforcement or another certifying agency that says all of the following: The applicant is a victim of one of the U visa crimes; the crime took place in the U.S., including U.S. territories and possessions, or on a U.S. military base; The applicant has information about that crime; and; S/he was helpful, is being helpful, or is likely to be helpful in the criminal investigation or prosecution of that crime. Also, applicant has to establish that: S/he suffered substantial physical or mental harm from the crime; and None of the grounds of inadmissibility applies to the applicant. “Grounds of inadmissibility” are a long list of crimes and other acts that prevent people from getting status or entering the U.S. Note: If one of the grounds of inadmissibility applies to the applicant, s/he must ask for a “waiver” in order to be able to qualify for a U visa. It is up to the U.S. Citizenship and Immigration Service (USCIS) to decide whether s/he should get that waiver after weighing the pros and cons of the particular case. Now come two questions: What is ‘Certification from law enforcement’ and how to get it? What actually refers to substantial physical and mental harm? For the first one, The following officials and agencies may be able to provide the law enforcement certification (Form I-918, Supplement B) that is necessary for a U visa application: Federal, state, or local law enforcement agencies; Prosecutors; Judges; or Other authorities that are responsible for the investigation or prosecution of criminal activity, such as Child Protective Services and federal and state