U visa Qualifying Crimes are those particular crimes that will give you the chance to apply for U nonimmigrant visa.
These qualifying crimes look like every other crime with clear similarities to popular criminal acts.
In literal sense, everyone who is under one persecution or the other can claim United States protection under the U visa. However, this article will help you understand the process better.
Persons who Arrive in the US under this visa category are seen as assets towards prosecuting crimes and investigation.
The United States congress established the U nonimmigrant visa (U visa) for Qualifying Crimes to be prosecuted under the victims of trafficking and violence protection Act. This amendment was passed into law in October 2000.
Their aim is to give government and law enforcement agencies strength in prosecuting crimes against women, trafficking, domestic violence and many other crimes against humanity. The victims through this law are under United States government protection since they have suffered clear physical and mental abuse.
These individuals must be ready to help the law enforcement agency in prosecuting and investigating crimes which in turn will help the victims.
U visa Qualifying Crimes: What are the crimes that make a victim qualify for a U visa?
The main aim of U visa is to make sure victims are safe with unhindered access to law enforcement agencies and seek justice.
With this law, the number of survivors who are willing to meet law enforcement agencies has risen since they receive adequate protection from the government.
Below is a list of some of the qualifying crimes.
- Prostitution
- Rape
- Sexual Assault
- Sexual Exploitation
- False Imprisonment
- Female Genital Mutilation
- Felonious Assault
- Abduction
- Abusive Sexual Contact
- Blackmail
- Domestic Violence
- Extortion
- Fraud in Foreign Labor Contracting
- Hostage
- Incest
- Involuntary Servitude
- Kidnapping
- Manslaughter
- Murder
- Obstruction of Justice
- Peonage
- Perjury
- Slave Trade
- Stalking
- Torture
- Trafficking
- Witness Tampering
- Unlawful Criminal Restraint
Attempts, Conspiracy, Solicitation to commit any of the crimes above are all under U visa Qualifying Crimes.
Other Crimes with similar effects or in any way relate to the ones above.
Other U visa Qualifying Crimes
The list of U nonimmigrant status Qualifying Crimes extends above this list since some crimes are being covered in some sense using seeming legal rights.
- Some other crimes are seen as culture which is against the normal human rights of life and association.
- The Government of a country can carryout certain criminal act and give them names to cover it up, but in reality, they are targeting persons with opposing views.
- Crimes under religious guise can also be seen as a U visa Qualifying Crime. Most times, they are painted as religious culture and a way of worship but they are outrightly against human right laws.
U visa Qualifying Crimes: Individuals that can qualify
Categories of persons who can qualify for U nonimmigrant visa (U visa) will be listed below to help applicants understand their standings.
- Applicants must be a victim of U visa Qualifying Crimes that I outlined above.
- Applicants must have suffered abuse from the crime which can be visibly seen and documented.
- Applicants must have clear information about the crime they claim was committed against them if they are not suffering from injury or disability.
- Applicants must be helpful to the law enforcement agency in providing justice and ensuring proper investigation to the said crimes.
- You must have the ability to travel to the United States of America.
Benefits of U visa to victims of Qualifying Crimes
The benefits can range from getting a visa to travel to the US legally to many others I will list here.
- Migration pathway for victims
- Migration pathway for victim’s parents and family members
- Pathway to permanent resident for victims
Victims have the right to be in the United States legally for four years and before the end of that 4 years, they must begin the process of getting a permanent resident which will be done by their lawyer.
Victims will have the power to seek green cards after getting the permanent residence permit.
Family members of the victims can apply for the U2, U3, U4 visas which are for spouses, children and parents respectively even when they weren’t part of U visa Qualifying Crimes.
Qualifying for U visa and green card
Crimes that qualify for a U nonimmigrant visa that will cover your visa application can also qualify you for a green card.
- Your process to get a green card will be much easier if you make yourself available for investigation to provide justice to victims, and begin prosecution of offenders.
- Permanent residence starts from registering with form I-485 though you must meet other requirements to make the process easy.
- You must legally secure admission into the United States using U-1 nonimmigrant status visa
- You must be in the United States for the past three years without leaving the country to another country since your arrival.
How to Apply for U visa for victims of Qualifying Crimes
- For the purpose of application for the first time, ensure you fill out this form I-918
- Applicants who don’t have the eligibility to travel to the United States legally must start the process by filling out the form I-192 then move on to request for waiver.
Frequently asked questions
How long is the process of getting a U visa?
Processing for this visa type will take you 12 months to 18 months depending on how well you can provide evidence to support your claim.
How many people can apply for U visa after attaining Qualifying Crimes level?
10,000 people can apply for this type of visa in one year.
What are U visa denial reasons?
When you lack the proper information to back up your claim then the process will become very difficult to approve. Some other factors that may affect your application is when you are not eligible to enter into the United States of America.
Can U visa Indirect victims apply?
Family members of U visa victims can only enter under the U2, U3, U4 and U5 basis which means they have to be invited by the U1 victim.
Conclusion
U visa Qualifying Crimes can vary from all types of offense against humanity to certain degrees of abuse.
Those who suffer mental or health injury because of any of the notable crimes can apply for a U nonimmigrant visa (U visa) and get complete protection from the United States of America as the investigation into these crimes goes on.
These victims are also required to aid the law enforcement agency in prosecution and investigation of these crimes.
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