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USCIS has released regulations regarding the U visa. The U Visa for Victims of Trafficking and Violence allows temporary immigration benefits to crime victims willing to assist law enforcement with criminal investigations.
In 2000, Congress passed the Victims of Trafficking and Violence Protection Act (VTVPA). The VTVPA created a special nonimmigrant classification designated as the U visa for victims of specific crimes.
Who is eligible for the U Visa?
Currently, the U visa is available to those who meet all four basic requirements as follows:
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Aliens who can show substantial suffering as the result of physical or mental abuse as a result of being the victim of certain criminal activity;
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Aliens who possess information about that criminal activity;
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Aliens who either have been, are being, will be helpful, or are likely to be helpful to Federal, State, or local authorities in investigating and prosecuting the crime.
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The criminal activity described violated the laws of the US and occurred in the US or in territories of the US.
The U visa applicant must have been a victim of one of the following crimes: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; being held hostage, female genital mutilation; sexual exploitation; prostitution; peonage; unlawful criminal restraint; abduction; kidnapping; slave trade; involuntary servitude; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice perjury and any attempt to commit any of these crimes.
Can aliens who have been granted the U visa apply for work authorization?
Even though the U visa is not an immigrant status, the alien who has received deferred action may apply for work authorization by filing Form I-765, Application for Employment Authorization. Such authorization is subject to yearly review.
What are the grounds for termination of the U status?
U status can be terminated for changes of circumstances in the case so that it no longer warrants deferred action. Furthermore, U status can be terminated for conduct or a condition that was not disclosed prior to issuance of relief.
What happens if the U status is terminated?
Determinations of termination of the U Status cannot be appealed. Termination cancels the deferred action and revokes related work authorization.
Who is eligible for the derivative classification of the U visa?
To avoid extreme hardship, the VTVPA allows interim relief U status for applicants' spouses, children and parents of those U visa applicants under the age of 16. Applicants for the derivative status must provide certification from a government official that an investigation or prosecution would be harmed without the assistance of the derivative applicant. Those family members eligible for interim relief U visa status who are present in the United States must also demonstrate extreme hardship if removed.
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