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U-Visa Lawyer Update: What is a U Visa and how to qualify under the law

Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for Thumbnail image for top.lawyers.arrive.mag.2011.jpgPursuant 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.


Thank you for visiting our Blog. This blog provides general information and thoughts about various employment law issues primarily in the New York Tri-State area and occasionally in other areas. You are welcome to read the posts. However, do not construe any content on this blog as legal advice or the creation of an attorney-client relationship. Again, we provide the content only for informational purposes. You should not make decisions based information on our blog since the application of the law depends on the facts and each situation may be different. In addition, the law in most jurisdictions is different and changes constantly and we make no representations that any information on our blog has been updated. The Blog should not be used as a substitute for competent legal advice from an experienced employment law attorney in your state or jurisdiction.

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