One of my frustrations as an immigration lawyer is dealing with people’s perception that if they are the victim of a crime, they will qualify for a “U” visa. In fact, the “U” visa is not a visa for crime victims. It is a visa for victims of certain crimes (mostly related to human trafficking, although domestic violence is included) who have been helpful or are likely be helpful to law enforcement in investigating and prosecuting criminal activity. Applicants also must show that they suffered substantial physical and mental abuse as a result of their victimization.
The only way to show that a victim was helpful to law enforcement is through a Law Enforcement Affidavit. This is a USCIS form that must be filled out by a police officer, a prosecutor, or a judge. Most jurisdictions have strict rules concerning when they will execute the form, who will execute it, or both. Others will not execute it under any circumstances. Without that form, there is no case.
Once the form is completed, applicants still have to prove to the USCIS that they suffered physical and mental abuse in order to have their petition approved. This process is not automatic. Furthermore, due to backlogs, it will take years for the petition to be approved.
If you are the victim of a crime, seek the necessary professional assistance and protection. Cooperate with the criminal authorities. However, don’t think that you have won the lottery, and will automatically get legal status in the United States. That is not true for many people.
The only way to show that a victim was helpful to law enforcement is through a Law Enforcement Affidavit. This is a USCIS form that must be filled out by a police officer, a prosecutor, or a judge. Most jurisdictions have strict rules concerning when they will execute the form, who will execute it, or both. Others will not execute it under any circumstances. Without that form, there is no case.
Once the form is completed, applicants still have to prove to the USCIS that they suffered physical and mental abuse in order to have their petition approved. This process is not automatic. Furthermore, due to backlogs, it will take years for the petition to be approved.
If you are the victim of a crime, seek the necessary professional assistance and protection. Cooperate with the criminal authorities. However, don’t think that you have won the lottery, and will automatically get legal status in the United States. That is not true for many people.
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