U visa allows crime victims to request status in the U.S. if they can prove that they have suffered from a crime that occurred in the United States, and that they cooperate with the U.S. authorities in the investigation of this crime.
The related crime may be connected with your LGBT status or it can be LGBT-unrelated crime, such as:
Abduction, Abusive Sexual Contact, Blackmail, Domestic Violence, Extortion, False Imprisonment, Genital Female Mutilation, Felonious Assault, Hostage, Incest, Involuntary Servitude, Kidnapping Manslaughter, Murder, Obstruction of Justice, Peonage, Perjury, Prostitution, Rape, Sexual Assault, Sexual Exploitation, Slave Trader, Torture, Trafficking, Witness Tampering, Unlawful Criminal Restraint, Other Related Crimes
U Visa was created by an act of Congress in order to strengthen the ability of law enforcement agencies to detect, investigate and prosecute cases of domestic violence, sexual assault and other crimes by offering protection to victims of such crimes in accordance with the humanitarian interests of the United States.
This visa helps law enforcement officials to support immigrants - victims of crimes and help prosecute crimes committed against foreigners.
U.S. immigration authorities do not charge a fee for a petition to the U Visa.
A typical representative of the U Visa - is a woman or a man - a victim of domestic, sexual or other violent crime.
U Visa was created in part to protect the victims of violence, which are usually vulnerable and powerless.
To be eligible for a U visa, LGBT community member, just like any other person must prove that:
1. The individual suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity.
2. The individual has information concerning that criminal activity.
3. The individual was helpful, is helpful, or is likely to be helpful in the investigation or prosecution of the crime.
4. The criminal activity violated U.S. laws
In order to be able to apply for a visa U, a person must obtain a certificate that he was a victim of a particular crime, and that he had cooperated with the police or an investigator in the investigation of this crime.
A person may be eligible for a U visa, even if it has no legal status in the United States.
Congress passed a law creating exceptions for immigrants under the category of "banned", which gives them the right to apply for a visa U.
Family members of people applied for U visa can also get this visa.
If the person filing a petition for U visa, is over 21 years old, he or she may include in their petition the spouse (including same-sex spouses) and children. If the person filing a petition for U visa, is under 21 years old he or she may additionally include in their petition parents, and unmarried brothers and sisters, who are under 18 years old.
After three years, the owners of U Visas have the right to request permanent resident status if:
1. He or she continuously physically present in the United States for at least three years from the date of receipt of U-visa
2. He or she did not refuse without a valid reason to help the law enforcement agencies is solving the underlying crime.
3. The continued presence of this person in the U.S. has humane reasons, such as a guarantee of preservation of the family or other reasons in the national interest, or for the benefit of the public.
Each year 10,000 U Visas (excluding relatives) are issued. If during the year of applying for U visa 10,000 visas are already issued, the person is put on a waiting list and, while waiting, the person is legally in the United States and has the right to work.
You can contact The Law Office of Natalia Malyshkina for more information.