U visa is a temporary legal status granted to victims of certain crimes. If grated, the U visa holder is granted employment authorization in the United States for up to four years. There is a limit of 10,000 visas each year. U visa holders can petition family members including spouses, children, unmarried siblings under 18, parents, stepparents and adoptive parents.
In order to qualify for this type of visa, the alien must prove that he or she:
- has been the victim of certain crimes;
- has suffered substantial physical or mental abuse as a result of having been a victim of one of the qualifying crimes;
- possesses useful information concerning the crime which occurred;
- has helped or is likely to cooperate in the investigation or prosecution of the crime; and
- the crime committed violated the laws of the United States or occurred in the United States.
After three years the U visa holder can apply for permanent residence in the United States.
What types of crimes are contemplated in the U visa context? Victims of the following types of criminal activities may be eligible for a U visa:
Abduction
Abusive Sexual Content
Blackmail
Domestic Violence
Extortion
False Imprisonment
Female Genital Mutilation
Felonious Assault
Hostage
Incest
Involuntary Servitude
Kidnapping
Manslaughter
Murder
Obstruction of Justice
Peonage
Perjury
Prostitution
Rape
Sexual Assault
Sexual Exploitation
Slave Trade
Torture
Trafficking
Witness Tampering
Unlawful Criminal Restraint
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