Federal Rules Offer Protection for Immigrant Victims of Violence; Previous U Visa Applicants Will Have to Re-Apply

The Department of Homeland Security has released a new regulation that grants temporary immigration benefits to certain victims of crimes who assist government officials in investigating or prosecuting the criminal activity.

About 8,000 immigrants have applied for a U Visa since 2000, when Congress created the classification as part of the Trafficking Victims Protection Act. The regulation is expected to be posted to the Federal Register this week and will go into effect 30 days later. Individuals will then have 180 days to re-apply for the visa.

The visa is intended to encourage immigrant victims to report violent crimes to law enforcement officers without fear of deportation.

"Thousands of immigrants who have survived violent crimes have been waiting for these regulations for a long time," said Mary Meg McCarthy, director of the National Immigrant Justice Center. "Their cases can now move forward and they will be able to receive the protection they deserve."

Immigrants who are eligible for a U visa must have suffered substantial mental or physical abuse because of the activity, have information regarding the activity, and be willing to assist government officials in the investigation or prosecution of the crime.  Additionally, the crime must have violated U.S. law or occurred in the United States (including its territories and possessions).

The visa provides an alternative to victims of sexual assault and domestic battery who are not eligible for protection under the Violence Against Women Act because they are not married to their abusers.

Immigrants who obtain a U visa will:

• Be eligible to remain in the United States for up to four years
• Be eligible to apply for permanent residence after 3 years
• May be able to bring spouses, children, unmarried siblings under 18, and parents to join them
• Receive referrals to nongovernmental organizations for assistance and additional resources
• Receive automatic employment authorization

The Department of Homeland Security announced that 10,000 U-visas will be available each fiscal year, but the cap does not apply to eligible family members.

The regulations are available for download as a PDF at

http://www.dhs.gov/xlibrary/assets/uscis_u_nonimmigrant_status_interimrule_2007-09.pdf 

Read the Department of Homeland Security press release at http://www.uscis.gov/files/pressrelease/U-visa_05Sept07.pdf.

U Visa-Eligible Crimes:

• Rape

• Torture                                     

• Trafficking 

• Incest   

• Domestic violence                        

• Sexual assault

• Abusive sexual contact         

• Kidnapping

• Abduction

• Unlawful criminal restraint

• False imprisonment

• Blackmail

• Forced prostitution

• Sexual exploitation    

• Being held hostage

• Peonage              

• Involuntary servitude

• Witness tampering

• Obstruction of justice

• Felonious assault

• Manslaughter

• Murder

• Female genital mutilation

• Extortion