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Immigrants Who Became Victims of Crimes

By Paul Anderson Subscribe to RSS | May 14th 2012 | Views:

Sometimes non-citizen or the immigrant who are in United States can become victims of crimes, its countries responsibility to take care. Congress created Act for Victims of Trafficking and Violence Prevention Act of 2000. This act was created to strengthen law agencies to investigate and prosecute crimes against immigrants, this act not for legal immigrant even who feel because of illegal status they may be deported if you co-operate with law.

U Visa Eligibility

U Visa is for non-citizens who were victims of crimes. To be eligible for U Visa:

a. One must have suffered physical and mental abuse.

b. Who have information on qualify criminal activity.

c. Helpful in the detection, investigation of qualifying criminal activity.

d. Qualify criminal activities which violated a local, state or federal law and you part of helpful in showing them.

Benefits of U Visa

a. Valid for 4 years.

b. Adjustment of status to Lawful Permanent Status after just 3 years.

c. Get automatic work authorization permit.

d. Derivative for qualifying family members.

Qualifying Criminal Activity (QCA) for US Visa include up to 26 categories. When obtaining certification attorney should detect the law violation. Below are the crimes comes under for this visa:

Abduction; Abusive sexual contact; Being held Hostage; Blackmail; Domestic violence; Extortion; False imprisonment; Felonious assault; Female genital mutilation; Incest; Involuntary servitude; Kidnapping; Manslaughter; Murder; Obstruction of justice; Peonage; Perjury; Prostitution; Rape; Sexual assault; Sexual exploitation; Slave trade; Torture; Trafficking; Unlawful criminal restraint; Witness tampering.

Government bodies which have authority to certify a U Visa Petition are Federal, State or Local Law agencies and even judge. Even Labor enforcement agencies can certify for U Visa, it includes US Department of Labor (US DOL), Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), New York Department of Labor (NY DOL), California Department of Fair Housing and Employment (CA DFEH) and planning to start issuing certification is California Division of Labor Standards Enforcement (CA DLSE).

Once obtaining certification from any above mentioned department, applicant must submit along with the below mentioned form to obtain U Visa.

- U Non-Immigrant Status Certification (Form I-918B).

- Application for Advance Permission to Enter as Non-Immigrant (Form I-192).

- Notice of Entry as Appearance of Attorney or Representative (Form G-28).

- Petition for Qualifying Family Members (Form I-918A).

- Personal Statement about the abuse/injury.

Not to forgot to get sign in the Form I-918 Supplement B by supervisory agent from the certifying agencies.

In the same year 2000 Congress passed another Act for helping human trafficking and domestic violence, of which you can obtain ‘T’ nonimmigrant status by passing Victims of Trafficking and Violence Protection Act (VTVPA). As a T-1 nonimmigrant visa holder, you are eligible for petitioning for certain family members, the important criteria being the age.

If your are below 21 years of age, then you can file for spouse (T-2 Visa), children (T-3 Visa), parents (T-4 Visa), unmarried siblings under 18 year of age (T-5 Visa). But if you are above 21 years of age you can file for only spouse and children. Continuous period of 3 year on T-1 nonimmigrant status, holding good moral character and investigation or prosecution is completed one can apply for Green card.

Paul Anderson - About Author:
US Citizenship is not legal advice site, but it’s a place for all immigration related issues. Where in you can fill the forms on either immigrant visa (Green Card Renewal, US Citizenship, Passport many more) online. We will make sure your form is 100% error free, before you submit to USCIS (formerly INS).

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