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Visa U: Protecting Immigrants Victims of Crimes and Abuse

10/14/2016

 
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In the past, I have written articles about how committing crimes impacts an immigrants ability to qualify and be approved for immigration relief.  I explained how some crimes can completely eliminate the possibility for someone to get immigration approval as well as how other crimes only make it difficult to get approved, not impossible.  In this article, I will talk about the opposite.  How crimes against the immigrant impacts their ability for immigration relief.  

I have a client who was recently with his family in a city park in the middle of the day who were minding their own business going for a walk when some delinquents started calling them names and threatening them.  My client and his family ignored them and tried to leave the park without trouble.  Unfortunately, the delinquents wouldn’t let them go that easy.  They attacked my client and started to beat him in front of his wife and kids.  My client was very smart because he decided to call the police rather than getting revenge.  Now, because of his cooperation with the police, he and his family members are eligible for immigration relief and could be allowed to get a work permit and even a green card.  

In immigration, there is a specialized visa available for individuals who have been the victims of crimes.  It is called the U Visa.  This visa is used for victims of certain crimes who have suffered mental or physical abuse and who help law enforcement or government officials investigate or prosecute the criminals who harmed them.  This visa was created by the government to increase the chances that the police will be successful in investigating and prosecuting cases of domestic violence, sexual assault, trafficking of aliens, abuse and other crimes.  The other reason for the visa is to protect victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities catch and put the criminals in jail.  

I have another example.  My client was at the gas station doing what he has done a thousand times when a delinquent didn’t like the way he was looking at him and the fact that he was speaking a foreign language.  This delinquent started hitting my client who then defended himself causing the criminal to leave the store.  When my client got left the store the person was outside waiting for him with a gun.  This criminal then shot my client in the chest attempting to kill him.  After being rushed to the hospital and eventually recovering, my client volunteered his help to the police in order to catch the delinquent so that he would never hurt another person again.  Because of this, my client is in the process of receiving his U Visa.

The U Visa is also very helpful for women in abusive situations and can be used by someone without legal status to escape their violent and abusive spouse.  Individuals brave enough to call the police and report violence in their house against themselves or their children can then use the assistance of the police to file for a U Visa and obtain legal status and the ability to work without fear of being deported.

What I want you to understand from this article is that people whether here legally or not do not have to fear abuse or threats from others because they are afraid of being deported.  You can fight for yourself by coming forward and cooperating with law enforcement and by using their help with a U Visa.


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    Lee L. Marvin provides legal consulting and representation for individuals, companies and families in the areas of immigration and criminal law.

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