U Visa: Protection for Illegal Immigrant Victims

The complications of having an illegal residency status in the U.S. these days is not just about working in fear of an ICE raid at any given moment. It is also living with the fear of being stopped for a traffic violation or, even more devastating, becoming the victim of a criminal act.
Even if you are the victim of a crime, if you are here in the U.S. illegally, U.S. Immigration and Customs Enforcement (ICE) will be notified and you could be deported. This has lead many victims to remain silent about crimes that were committed or are even ongoing. However in 2007, the U Visa was created in hopes of giving victims protection against deportation.
So what is the U visa?
A lesser known visa, the U non-immigrant visa, was established for victims of crimes who have endured mental or physical abuse and are willing to help law enforcement and government officials investigate and prosecute the abuser. The U non-immigrant visa was established in 2000 but put on hold until 2007. Its purpose is to persuade illegal immigrants living in the U.S. to report violent crimes. Most criminal activity against illegal aliens in the U.S. goes unreported and undocumented due to the threat of deportation if the victim comes forward.
What are the eligibility requirements?
1. The victim/applicant must have endured physical or mental abuse from a qualifying criminal activity.
2. The victim/applicant is able to provide information regarding the particular criminal activity.
3. He/She must be helpful during the investigation or prosecution phase of the crime.
4. The crime must violate the laws of the United States.
5. The crime must have occurred in the U.S.
Examples of violations of U.S., state or local laws include but are not limited to: domestic violence, rape, sexual assault, sexual exploitation, prostitution, incest, torture, genital mutilation, abduction, kidnapping, involuntary servitude, blackmail, extortion, manslaughter and murder.
Can you work with a U visa?
Although the U visa is a non-immigrant status visa, the illegal immigrant applicant who has been awarded "deferred" status may apply for an Application for Employment Authorization. This authorization permit, if granted, will be reviewed on a yearly basis.
As with all applications submitted to the U.S. Citizenship and Immigration Services, documentation must accompany any forms filed for a U visa. Proof, such as a letter certified by local, state or federal law enforcement, must be submitted along with any photos, medical records, personal testimony or other related evidence.
The application process can be tedious followed by a lengthy waiting period of sometimes up to a year. An experienced immigration attorney can ensure proper filing of the application and speed up the process.
ABOUT THE AUTHOR: Attorney Eliana Phelps
The Law Offices of Eliana Phelps is a successful law firm practicing nationality and immigration law in California. Immigration law is a very complicated and complex area, and only the most experienced immigration lawyers have the skill to effectively represent immigration clients. The immigration and nationality law attorneys at the Law Offices of Eliana Phelps are equipped with a variety of legal strategies to properly represent your unique immigration case.