I’m a Victim of Violence. Can I
get help?
Question: I was a victim of a
brutal sexual assault crime. However, I am illegal here in the
Answer: Yes. There is what is
known as the U Visa. It is meant for victims of certain qualifying criminal
activity. Congress created the U nonimmigrant status in the Victims of
Trafficking and Violence Protection Act (VTVPA) of 2000. The goal of the
legislation was to strengthen the ability of law enforcement agencies to
detect, investigate, and prosecute cases of domestic violence, sexual assault,
trafficking of persons, and other criminal activity of which aliens are
victims, while at the same time offering protection to victims of such
offenses.
On August 30, 2001, USCIS
implemented procedures to provide interim benefits to applicants establishing
prima facie eligibility for U nonimmigrant status. Mechanisms used to confer
this interim relief include deferred action, parole, and stays of removal. The Department
of Homeland Security (DHS) is currently developing regulatory guidance for
implementation of the U nonimmigrant provisions of the VTVPA. Until USCIS
issues guidance for accepting and adjudicating applications for U nonimmigrant
status, the procedures for interim relief will remain in effect. Please note,
however, when USCIS begins adjudicating applications for U nonimmigrant status
applicants who were granted interim relief and whose applications for U
nonimmigrant status subsequently are approved will have their U nonimmigrant
status recorded as of the date the request for U interim relief was approved.
Applicants who were granted U
interim relief and whose application for U nonimmigrant status is approved will
have their U nonimmigrant status recorded as of the date the request for
interim relief was approved.
Question: If I am granted the U
Visa, what about my child?
Answer: Individuals who are
granted U-2, U-3, or U-4 nonimmigrant status are not subject to an annual
numerical limit. Applications for U-2, U-3, or U-4 nonimmigrant status will not
be granted until a U-1 status has been issued to the related principal alien.
Applicants who were granted U interim relief and whose application for U
nonimmigrant status is approved will have their U nonimmigrant status recorded
as of the date the request for interim relief was approved.
Therefore, there is help for you
and you do not need to have both a sexual assault crime committed on you and be
out of status and possibly deported. It is time for you to take up the help
that is offered by the U Visa.
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