Pursuant to the provisions of a U Visa, victims of certain qualifying criminal activity can apply to reside and work in the United States lawfully. This could be a significant immigration tool for undocumented individuals. Eligible individuals must meet the following criteria: (i) the individual was a victim of qualifying criminal activity in the country; (ii) the individual suffered substantial physical or mental abuse as a result of the criminal activity; and (iii) the individual must have specific facts regarding the qualifying criminal activity leading a certifying official to determine that the petitioner has, is, or is likely to provide assistance to the investigation or prosecution of the qualifying criminal activity.
The term “qualifying criminal activity” includes crimes such as murder, blackmail, slavery, kidnapping, obstruction of justice, perjury, torture, and witness tampering. This is a partial list. Qualifying criminal activities also include workplace abuses and may include certain complaints to the Department of Labor.
It is very important to recognize that the term “victim” includes individuals who are not necessarily direct victims of the qualifying criminal activity. Specifically, if a direct victim was murdered in the United States, then his wife and minor children under 21 years of age may be eligible to apply for a U visa. Also, if the direct victim was a child under 21 years of age, the parents and minor siblings may be considered eligible victims for a U visa.
Call our U Visa Immigration Attorneys at (800) 893-9645 to learn your rights and to determine if you qualify for a U Visa.
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