There are some temporary non-immigrant visas to help crime victims. Sometimes, the perpetrators of these crimes use a person’s status as a way to help victimize them. By allowing victims the opportunity to stay in the United States and avoid removal proceedings, the hope is that they will help with the prosecution of these offenders.
There are three broad categories of visa options available to crime victims. T visas are for victims of human trafficking, VAWA extends visas to people who are victims of domestic violence, and U visas provide opportunities for victims of a variety of violent crimes. As a dedicated immigration attorney could explain further, these visas offer tremendous opportunities for people, but they are not easy to obtain. To establish that someone is a victim, a considerable amount of documentation and evidence is needed. A Groveland U-visa lawyer could help applicants through the process, including collecting the necessary documentation.
The first step is determining which visa type applies to your situation. T-visas are specifically for victims of human trafficking. These victims can remain in the United States as long as they meet the visa’s specific requirements and assist law enforcement in investigating or prosecuting the perpetrators of the crime. After a victim receives a T-visa, they can apply for a green card.
These visas are specifically for trafficking victims, but there may be an overlap between trafficking and other criminal activity. As a result, some victims may need to decide between the T-visa and the U-visa. Generally speaking, the T-visa may be a better option because the process is generally shorter; however, it may not be the best choice for all applicants, even with qualifying criminal activity. A U-visa attorney in Groveland could help people look at the pros and cons of each option.
U-visas are more widely available than T-visas. Qualifying means that someone must be a victim of a qualifying criminal activity and be willing to cooperate with the police to bring the perpetrators to justice. The criminal activity is generally violent, and it needs to be sufficiently severe, resulting in substantial physical or mental abuse to the victim.
The list of qualifying criminal activities is substantial and includes some crimes that people may not expect, like domestic violence, which may be perpetrated by a person’s family members. These crimes may include:
There are also qualifying crimes that seem to focus on more generalized criminal acts, such as:
The law also contains a catch-all provision for related crimes. This catch-all provision exists to account for the differences in state language regarding crimes to make sure that the visas are available to all victims of these crimes, no matter what the state calls them. However, the criminal acts have to occur in the United States.
Qualifying for a U-visa requires that the applicants report the crime. In most cases, the applicant is also the victim of the crime. However, there are some circumstances where the applicant is not the victim. Clearly, for crimes like homicide or murder, the applicants cannot be the victims. Instead, they may be a material witness to the crime. However, applicants do have to establish that they suffered significant physical or mental abuse due to the crime.
Applying for a U-visa is a multi-step process, and a Groveland attorney can help you through it.
Being vulnerable to deportation often keeps people from reporting crimes or participating in prosecution. Plus, victimizers often use that threat to keep victims under their control. Fortunately, the government has recognized this reality and responded by creating special visas for crime victims. If you think you may qualify for one of those visas, contact a Groveland U-visa lawyer for help.
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