U-VISA

Immigrant victims of certain crimes who have been helpful in a criminal investigation or prosecution may qualify for a visa that can lead to a green card. You may qualify for a U-visa if you:

• suffered substantial physical or mental abuse as a result of a qualifying crime;
• have information concerning the criminal activity; 
• have been helpful to law enforcement officials in investigating or prosecuting the criminal activity; and 
• the criminal activity violated the laws of the United States.

What is a qualifying crime?

Some examples of qualifying crimes are felony assault, sexual assault, rape, domestic violence, stalking, etc. A full list of the qualifying crimes can be found here [https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/victims-of-criminal-activity-u-nonimmigrant-status]

It is important to consult with an experienced immigration attorney since sometimes the crimes do not perfectly fit in the categories provided by USCIS. For example, robbery is not listed as a qualifying crime. However, Attorney Gary Boyadzhyan has successfully convinced USCIS California Robbery is the equivalent of Felonious Assault and the case was approved. Therefore, you could qualify for a U-visa even if the crime is not specifically listed in the statute. 

What type of physical or mental harm qualifies for a U-visa?

In deciding what constitutes “substantial physical or mental harm”, USCIS weighs several factors such as the nature of the injury inflicted or suffered; the severity of the perpetrator’s conduct; the severity of the harm suffered; the duration of the infliction of the harm; and the extent to which there is permanent or serious harm to the appearance, health, or physical or mental soundness of the victim, including aggravation of pre-existing conditions. The suffering of physical harm could be proven with medical/hospital records, photographs or videos of the injuries and police reports. However, the suffering of substantial mental harm, as experience has shown, can be challenging since USCIS tends to be stricter with cases only involving mental harm. An experienced attorney can provide proper guidance to build up your case so that there is documentary proof of the mental harm suffered. For example, psychological evaluations and continued mental health treatment could be essential to proving your case. Boyadzhyan Law could guide you through the process and refer you to respected health professionals for evaluations and treatments. 

What does it mean to be helpful to law enforcement?

This is an area where there is a lot of misconception. There is a mistaken belief that the victim must be helpful to law enforcement all the way up to the arrest and conviction of the perpetrator. However, it is not necessary for the perpetrator to even be caught. Attorney Gary Boyadzhyan has successfully represented immigrants who only reported the crimes to police, but after reporting, there was no arrest or conviction of the perpetrator and the investigation led to a dead-end. This usually occurs when the perpetrator cannot be found and apprehended. It is not necessary for the perpetrator to be arrested or sentenced to jail to qualify for a U-visa. The most important thing is to be willing to assist law enforcement when called upon to do so. For example, expressing to law enforcement a willingness to help and cooperating with their questions and investigation could be sufficient to satisfy this requirement. Thus, it is essential to consult with an attorney as soon as you have become a victim of a crime so that the attorney can guide you in the right direction and explain to you how you could be helpful to law enforcement since after the incident is reported, the police may request for you to participate in a photo line-up to identify the perpetrator, or even request for you to appear as a witness in the trial. The right actions taken early in the process can be the difference between approval or denial. 

Are you an indirect victim?

Certain family members can apply for U visas as indirect victims when the primary victim died due to murder or manslaughter or was rendered incompetent or incapacitated and therefore cannot help the authorities with the criminal investigation. For crime victims who are age 21 or older, their spouse, as well as their children under 21 years of age, maybe considered indirect victims. For victims under age 21, their parents and unmarried siblings under 18 can be considered indirect victims. It is important to keep in mind that indirect victims still need to meet all the other U visa requirements such as suffering substantial harm and being helpful to the authorities.

Derivative U Status

Even if you were not an indirect victim, certain family members can receive derivative U status without having to meet the U visa requirements so long as the principal applicant satisfies the requirements. 

If the principal applicant is over 21 years old, he or she can include the following family members in the application:

• a spouse (U-2) and
• unmarried children under age 21 (U-3).

If the principal applicant is under 21, the following relatives qualify for derivative U status:

• a spouse (U-2)
• unmarried children under age 21 (U-3)
• parents (U-4), and
• unmarried siblings under age 18 (U-5).

Attorney Gary Boyadzhyan has extensive experience with U-visa applications and has a remarkably high success rate which is attributable to our deep understanding of the U-visa laws as well as our level of preparation and attention to detail. 

Contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com