News Update - September 13, 2007
By Alan Lee, Esq.†‡
USCIS Issues Interim Rules For Crime Victim “U” Visas
The U Nonimmigrant Visa was created by act of Congress in 2000
in the Victims of Trafficking and Violence Protection Act. The Act
set aside 10,000 nonimmigrant visas for aliens who suffered substantial
mental or physical abuse due to criminal activity and have the information
and willingness to help law enforcement investigate and prosecute
the activity. The criminal activity must have taken place within
the U.S., its territories or possessions. The USCIS has now published
interim rules for visa processing and issuance.
Applicants must meet certain criteria and must receive certification
from federal, state, or local law enforcement agencies, prosecutors,
judges, or other agencies with criminal investigative jurisdiction
such as the Department of Labor (which has criminal investigative
jurisdiction within its respective area of expertise), that the
alien was a victim of a qualifying criminal activity, the alien
has information about the activity, and has been or is likely to
be helpful in the investigation and/or prosecution of that activity.
The U nonimmigrant visa gives the holder up to 4 years stay in the
U.S. and can be extended upon certification from a certifying agency
that the alien’s presence in the U.S. is required to assist
in the investigation or prosecution of a qualifying criminal activity.
Application is made on form I-918 Petition for U nonimmigrant status
to the Vermont Service Center.
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