U-Visa Nonimmigrant Status and Temporary Immigrant Benefits to Victims of Crimes Who Assist Law Enforcement

Steven Tuan Pham, Esq.

On September 5, 2007, the U.S. Citizenship and Immigration Services (hereinafter "USCIS") announced it would publish an Interim Final Rule that grants temporary immigration benefits to certain victims of crimes who assist government officials in investigating or prosecuting the criminal activity. USCIS submitted the Rules to the Federal Register for publication. The interim final rule establishes procedures for applicants seeking U non-immigrant status and will take effect 30 days after publication in the Federal Register. The U classification was created by Congress in the Victims of Trafficking and Violence Protection Act and offers not only protection and temporary benefits to alien victims but also bolsters law enforcement capabilities to investigate and prosecute criminal activity. The interim final rule will be available for public comment at www.regulations.gov until 60 days after publication in the Federal Register.

Many immigrant crime victims fear coming forward to assist law enforcement because they may not have legal status. The Act is intended to help curtail criminal activity, protect victims, and encourage them to fully participate in proceedings that will aid in bringing perpetrators to justice. Eligibility for the U nonimmigrant classification is set aside for victims of criminal activity who: suffered substantial mental or physical abuse because of the activity; has information regarding the activity; and assist government officials in the investigation and prosecution of the crime. Additionally, the crime must have violated U.S. law or occurred in the United States (including its territories and possessions).

Recipients of U nonimmigrant status may remain in the United States for up to four (4) years, and may be accompanied by eligible family members (spouse, children, unmarried siblings under 18, and parents). Individuals granted U nonimmigrant status would obtain legal status to remain in the U.S. and will also be provided referrals to nongovernmental organizations for assistance and additional resources, and automatic employment authorization. After the initial four years (within 90 days before the expiration of the U nonimmigrant status), the U nonimmigrant alien may apply for adjustment of status to be legal permanent residence. A total of 10,000 U-visas will be available each fiscal year; however, the cap does not apply to eligible family members. Congress recognized that qualifying family members of the U Visa recipients may be victimized by international criminal organizations. Thus, qualifying family members, including those that are still in the home country, can apply and join the U-1 Recipient in the United States.

Please contact Smith & Garg, LLC's immigration attorney for assistance in applying for U Nonimmigrant Visa Status. At Smith & Garg, our experienced staffs will be able to assist you in filing U Visa Status application including detailing the procedures, documents, and evidence required for such applications.