By Immigration Attorney, Bryan “Russell” Terhune
Often, undocumented immigrants in the USA who are victims of crimes fear reporting these incidents and cooperating with authorities due to concerns about exposing themselves to potential deportation actions.
Vulnerability of Undocumented Immigrants
Violent criminals are acutely aware of the fears and vulnerabilities of undocumented immigrants and often target this community for their criminal activities.
The Importance of Cooperation with Law Enforcement
Law enforcement officials need the cooperation and assistance of crime victims to bring violent criminals to justice and prevent others from falling victim to these violent crimes. For this reason, the US Government provides protections to crime victims to encourage cooperation between local law enforcement and the immigrant community.
U Nonimmigrant Status (U-Visa)
The U Nonimmigrant Status (“U-Visa”) is a benefit offered to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
Qualifying Crimes for a U-Visa
Not all crimes qualify as eligible for crime victims. Only specific crimes qualify. Examples include domestic violence, felony assault, rape and sexual assault, kidnapping, extortion, trafficking of noncitizens, torture, and other similar activities. Furthermore, the crime must have occurred in the USA or violated US laws.
Applying for a U-Visa
Applying for a U-Visa is a two-step process. First, the law enforcement agency that responded to and investigated the victim’s crime report must certify that the crime was a qualifying crime and that the victim was cooperative in the investigation.
The second step involves filing the application with US Citizenship and Immigration Services (USCIS). Along with certification from law enforcement, the application must provide evidence of the victim’s mental or physical harm due to the crime.
Limited Availability and Long Processing Time
There is a very limited number of visas set aside annually for U-Visas, so the processing and resulting grant of U-Visa status can take a long time. Currently, the estimated processing time is 57 months. However, while the application is pending, USCIS officials will conduct initial reviews of the application to determine bona fide eligibility, and if found bona fide, the applicant may apply for employment authorization while awaiting visa availability.
Long-Term Benefits
However, at the end of the long road, the applicant may be eligible to apply for Lawful Permanent Resident (LPR) status and then for Naturalization after meeting further requirements. For many undocumented immigrants in the USA without other avenues to adjust, it can be the only pathway to lawful permanent status in the USA.
Conclusion
We hope that you are never a victim of one of these horrible crimes. But if you are undocumented in the USA and are a victim of a qualifying violent crime, be sure to report the crime to law enforcement and cooperate with the investigation. Then call us for assistance with the U-Visa application process.
Here are a few links to our resources.
https://www.forbes.com/sites/conormurray/2024/09/09/police-reportedly-deny-claims-of-haitian-immigrants-eating-pets-in-ohio-spread-by-jd-vance-and-right-wing-commentators/