What should a person who is the victim of a crime or violent crime and is in an irregular immigration situation do?

It is very common for people who are victims of a crime or violent crime not to report it to the police out of fear when their immigration status is irregular. Naturally, the lack of a legal status that protects the legal presence of the victim in the country, in many cases means that this crime never reaches the ears of the police. Unfortunately, many times the victim remains silent for fear that if she approaches the authorities, this could bring additional negative consequences, such as possible deportation.

However, this does not necessarily have to be the case. In order to protect these victims in a vulnerable situation, the United States Government offers those people who have been victims of a violent crime or domestic abuse, the possibility of applying for a humanitarian visa: The so-called "U Visa". The U visa is designed to protect victims of violent crimes or domestic abuse and gives you the possibility to regularize your immigration status. Through a petition to the authorities, the victim can obtain a protected status in a first stage in which he will be granted a work permit. Eventually, after the process is completed, if successful, the victim could obtain full citizenship with all the benefits that it entails.

For the U Visa to be granted, the victim must cooperate with the police so that the crime is investigated and the criminal can eventually be imprisoned. Consequently, the victim must go to court to testify in case the police or the prosecutor request it. In order to start a process to request a visa of this type, it is necessary to be able to prove two elements. First, it must be possible to prove that the person was the victim of a violent crime (for example, a robbery with a firearm or a knife). Second, you must be able to prove that she collaborated with the police in the investigation of said crime.

It is very common for people who are victims of a crime or violent crime not to report it to the police out of fear when their immigration status is irregular. Naturally, the lack of a legal status that protects the legal presence of the victim in the country, in many cases means that this crime never reaches the ears of the police. Unfortunately, many times the victim remains silent for fear that if she approaches the authorities, this could bring additional negative consequences, such as possible deportation.

However, this does not necessarily have to be the case. In order to protect these victims in a vulnerable situation, the United States Government offers those people who have been victims of a violent crime or domestic abuse, the possibility of applying for a humanitarian visa: The so-called "U Visa". The U visa is designed to protect victims of violent crimes or domestic abuse and gives you the possibility to regularize your immigration status. Through a petition to the authorities, the victim can obtain a protected status in a first stage in which he will be granted a work permit. Eventually, after the process is completed, if successful, the victim could obtain full citizenship with all the benefits that it entails.

For the U Visa to be granted, the victim must cooperate with the police so that the crime is investigated and the criminal can eventually be imprisoned. Consequently, the victim must go to court to testify in case the police or the prosecutor request it. In order to start a process to request a visa of this type, it is necessary to be able to prove two elements. First, it must be possible to prove that the person was the victim of a violent crime (for example, a robbery with a firearm or a knife). Second, you must be able to prove that she collaborated with the police in the investigation of said crime.

So, if you know someone who is in an irregular immigration situation and has been the victim of a violent crime or domestic abuse, regardless of where they are domiciled or where they were victim of the crime, suggest that he consult a lawyer because he could have the possibility of regularizing his immigration status and eventually accessing American citizenship.

To find out if you may qualify for a U visa, contact our office at 804.377.7247 to schedule an in-person or phone consultation to discuss. Any attendee who answers the phone can schedule a mutually convenient date. We are available to serve clients from Monday to Friday. We charge $100 for a consultation of up to an hour, but we will credit that payment toward our professional fees if you hire us to help you.