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The U VISA

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Steven Lee

on 5 May 2015

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Transcript of The U VISA

The U VISA
Can I get a U-Visa?
To get a U-Visa, you must meet the following three requirements:

1. Crime Requirement you must have been the victim of a crime in the United
+
2. Helpfulness Requirement you must have helped police
and/or prosecutors
+
3. Harm Requirement the crime must have hurt you physically or mentally

Requirement 1:
Have you suffered from a crime?

• Domestic abuse
(your family member or
partner beat or harassed you)
• Felonious assault
(examples: shooting,
stabbing, mugging, or home
invasion when you are home)
• Involuntary servitude
(being forced to do work you
do not want to do)
• Peonage
(being forced to do work you
do not want to do to pay off
a debt)
• Rape
• Sexual assault
• Abusive sexual contact
• Forced Prostitution
• Sexual exploitation
• Female genital mutilation
• Incest
• Kidnapping
• Abduction
• Being held hostage
• Slave trade
• Unlawful criminal
restraint
• False imprisonment
• Manslaughter
• Murder
• Torture
• Trafficking
• Blackmail
• Extortion
• Obstruction of justice
• Witness tampering
• Perjury
Or an attempt or conspiracy to commit any of these crimes
David was stabbed in the neck. The man who
stabbed him was convicted of felonious assault.
David may be eligible for a U-Visa because felonious
assault is on the list of crimes.
Requirement 2: Did you help law enforcement?
• Did you call the police?
• Did you tell the police about what happened?
• Did you answer their questions?
• Did you let them take pictures?
• Did you help the police find who did the crime?
• Did you talk to a prosecutor?
• Did you testify in court?
Requirement 3:
Were you hurt?

• Did you have pain?
• Are you still injured or in pain?
• If you were already sick, did the crime make it worse?
• Did it affect how you look?
• Did you have to miss work?
• Did you have to go to the doctor?
• Did you have to take medicine?
• Were you anxious or depressed?
• Did you have to see a therapist?
• Did you feel sad?
• Did you have trouble eating or sleeping?
The U VISA
A U-Visa lets victims of crimes who meet certain requirements stay in the United States. A U-Visa provides the
following benefits:
• You can legally live in the United States for four years. After three years of having a U-Visa you can apply for a
green card to stay in the U.S. permanently. (And if you get a green card, you can eventually apply to become a U.S.
citizen).
• With a U-Visa you can get permission to work in the United States.
• Some of your family members might also be able to get a U-Visa.
• With a U-Visa you might be eligible for certain public benefits in some states like California and New York.
Examples
One of Steven’s neighbors was jealous of him.
As Steven came home from work one day, he sawthe neighbor throw a rock through the windowof his empty house. The neighbor was convictedof vandalism.
Steven is not eligible for a U-Visa because vandalism is not on the list of crimes.
Jonathan entered the United States five years ago. Seven years ago, he was kidnapped and held hostage in Colombia before his family paid to ransom him.
Jonathan has not been the victim of a crime since that time. Jonathan is not eligible for a U-Visa. He was thevictim of kidnapping, which is on the list, but no part of the crime happened in the United States.
Angela’s boyfriend started abusing her when they
lived in Guatemala. Five years ago, both of them
entered the United States. The boyfriend continued
to abuse Angela until an American policeman finally
arrested him last month. Angela may be eligible for
a U-Visa. She was the victim of domestic violence,
which is on the list, and
Jon was assaulted by someone who broke into his
apartment. He called 911 and met the police when
they arrived. Jon told the police the attacker was
wearing a red hat. Later, he helped identify the attacker
from a group of suspects and testified at his trial. Jon
may be eligible for a U-Visa because he helped law
enforcement.
Landon was assaulted by someone who broke into his apartment. He called 911. When the police came, Landon was afraid that his wife would hurt him if he told the truth, so he told the police everything was okay. So when the police asked her why he would not say what happened, he did not say anything. Landon might be eligible for a U-Visa (he helped law enforcement by calling 911). Landon should talk to a lawyer to see if there is anything else he did that helped law enforcement.
Amelia was attacked in the street. She called 911. The police came. She told them she did not see her attacker, but he ran down Market Street. The police never found the attacker. Carmen may be eligible for a U-Visa because she helped law enforcement. It does not matter whether the police never found or convicted the attacker.
Eric says:
“I was hurt, but I did not speak to a doctor
or a therapist. Can I still apply for a U-Visa?”

Yes. You do not have to seek treatment to be eligible for a U-Visa. If you have not gotten treatment, there are other ways to show that you were hurt.
Megan asks:
“My boyfriend abused me, but most of the
abuse happened in Mexico. Can I still apply
for a U-Visa?”

Yes. You can still apply for the U-Visa, as long as at least
one incident of abuse took place in the U.S., and you were helpful to the police.
Matt wants to know:
“I was hurt, but I recovered, and I am fine
now. Can I still apply for a U-Visa?”
Yes. You don’t need to still be hurt to apply for a U-Visa.
You can apply for a U-Visa if you were hurt in the past.
Requirement 4:
Asking the government to forgive any reason it might have for deporting you.
You need a waiver if you have
broken immigration laws:
• coming to the U.S. without
papers or with someone else’s
papers
• returning to the country after
you were deported
• saying that you were a U.S.
citizen if you are not
• not showing up to immigration
court for a hearing
You need a waiver if you have
committed almost any crime,
including:
• any drug offense
• theft or fraud
• crimes involving violence
• helping a non-citizen enter the
country illegally
• prostitution
You also need a waiver if:
• you have a serious infectious
disease (except HIV)
• you are addicted to drugs
• you have certain physical or
mental disorders
• you practice polygamy
• you voted illegally
How do you apply for a U-Visa?
Contact a Qualified Immigration Attorney!!!
Full transcript