In 2000, Congress approved a new immigration status for immigrant victims of crime (undocumented and documented) who assist investigators and/or prosecutors.
In 2007,the Department of Homeland Security finally began accepting applications for U status. To qualify, an immigrant must have been the victim of certain serious crimes within the United States. The crime must have caused “substantial” mental or physical harm to the immigrant, and she or he must help the investigation or prosecution of the crime.
An applicant must receive a certification from the agency in charge of investigating or prosecuting the crime. This certification is filed along with the application for U status.
U Status is a “non-immigrant” status that is valid for a maximum of four years. After the third year, a U nonimmigrant may apply for adjustment of status to lawful permanent residence (receiving a green card).
An adult immigrant who receives U status may also petition to give the same status to a spouse and unmarried child under 21 years of age. An immigrant who receives U status and is less than 21 years of age may petition to give U status to her parents, spouse, and unmarried brothers and sisters who are less than 18 years of age.
Another unique benefit of the U visa is that is offers a waiver of inadmissibility that is very broad.
We support Congress’ efforts to ensure that immigrant victims of crime can participate in crime prevention freely and without fear. We also encourage immigrant crime victims to investigate whether this law may help them.
Kevin Crabtree
