Crime Victim Visas

Since VTVPA’s enactment, USCIS has not issued regulations for persons to apply for the U visa. Without regulations, U visas cannot be issued. In the meantime, however, USCIS has issued U visa interim relief. Several memorandums have been issued for guidance in U visa interim relief.

In 2003, USCIS centralized the process of filing for U interim relief and required that all requests for U visa interim relief be file to the Vermont Service Center instead of the field offices. In reviewing applications, the Vermont Service Center was instructed to make prima facie determinations whether individuals merited U visa interim relief. This required the Vermont Service Center to determine whether on the face of an application, an applicant would be eligible for a U visa. No final decision would be made on the U visa itself. Rather, if given U visa interim relief, the individual would be granted deferred action and the ability to file for employment authorization. The grant of deferred action would be reviewed on an annual basis.

To be eligible for interim relief, an individual must show that the following: 1) The immigrant has suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity; 2) The immigrant possesses information concerning that criminal activity; 3) The immigrant has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution the criminal activity; and 4) The criminal activity described violated the laws of the United States or occurred in the United States.

Moreover, an individual must be a victim of certain crimes. The Immigration and Nationality Act lists the following crimes: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, or attempt, conspiracy, or solicitation to commit any of the above-mentioned crimes, or any similar activity in violation of federal, state or local criminal law.

The Victims of Trafficking and Violence Protection Act (VTVPA), enacted in 2000, creates a U visa classification to provide a visa to undocumented individuals who were victims of serious or violent crimes, thereby allowing these individuals to report the crime and to cooperate with government officials prosecute the crime. Significantly, it also provides for employment authorization for beneficiaries of U visas.