Crime Victim Visas

Over the past few months I have been getting more and more calls from and more referrals for victims of crimes looking for information on crime victim visas.  Most of the clients had never heard of a U visa until they became the victim of a crime.  Their stories are all so sad and unfortunate, it breaks my heart to hear so many of them.  But at the same time, I feel so fortunate to be able to bring them some kind of hope in the midst of something so awful.

For those who have never heard of a crime victim visa (U nonimmigrant visa), here is a brief overview.  A U nonimmigrant visa may be available for individuals who have been the victim of a qualifying crime, who have suffered harm or injury from that crime, and who have been helpful to the investigation or prosecution of the crime.  The list of qualifying criminal activity is quite long, including crimes such as abduction, blackmail, domestic violence, kidnapping, murder, obstruction of justice, sexual assault or exploitation, murder, and the attempt to commit any of the named crimes.  If you are the victim of a crime, the first step is to request that the investigating or prosecuting agency sign a certification that you were a victim of the crime and that you were helpful in their investigation or prosecution.  Once the agency has signed a certification, you can then apply for the U visa from US Citizenship and Immigration Services (USCIS). 

The rationale behind the visa is that in order for law enforcement to be successful in their job to investigate and prosecute crime, they need victims and witnesses to come forward and report the crimes and testify at trials.  For undocumented victims, it can be very scary to come forward, knowing that you may be jeopardizing your ability to remain in the United States.  Therefore, USCIS created the U visa as somewhat of an incentive to encourage victims to come forward and participate in the judicial process.

Even so, the U visa is not available to all crime victims and it does not lead automatically to permanent residency or US citizenship.  But it can bring a bit of hope to someone in an otherwise dark and unfortunate situation.

If you or someone you know have been the victim of a crime, recently or in the past, you should contact a qualified immigration attorney to discuss your case and see what options may be available to you. 

Introduction to blogging

This will be my first foray into the world of blogging!  I have heard since I opened my practice that I should be blogging, but I never quite got into it.  So here goes.

Today I had a client attend her visa interview in Ciudad Juarez, only to be turned away because she had not yet had her fingerprints taken, even though there were no available fingerprint appointments prior to her interview.  I realize that electronic processing is the way of the future, but it aggravates me when there is no room for human intervention.  This is such an unnecessary burden on my client, who is otherwise completely eligible for her visa.  Her husband is living in the United States waiting for her, and she has no inadmissibility issues.  She should have been approved on the spot.  Sigh. 

I suppose the lesson I learn from this is to find a real person to speak to, whenever possible, and be as diligent as I can to circumvent cumbersome electronic procssing systems.  For now, my client will need to wait a few more weeks to be reunited with her husband.  In the grand scheme of things, it could be much worse.

kei