Alien victims of crimes such as human trafficking and domestic violence can now apply for a new visa classification for themselves and certain family members–and start their journey towards permanent residence in the United States.

The U.S. Congress created the “U” visa classification as part of the “Victims of Trafficking and Violence Protection Act” in 2000. This visa category is available to foreign nationals who are victims of criminal activity, and who assist government officials in investigating or prosecuting such criminal activity.

The “U” visa law took effect on October 17, 2007. The total number of U visa for the first Fiscal Year is 10,000, on a first come, first serve basis. Applicants must submit the petitions between October 17 this year and April 14, 2008 (180 days). 

A foreign national who holds a U visa can remain in the U. S. for up to four years on U visa status. They are automatically provided employment authorization. After at least three years of continuous residence since the admission as a U nonimmigrant, the alien may be eligible for applying for permanent residence in the U.S., if they are qualified, or do not have inadmissible grounds.

U visa status can also be extended to certain family members of the alien victims. Family members can be spouse, children, unmarried siblings under 18, and parents of the victims who are under age 21. These individuals will be provided employment authorization if the U visa is granted.

In the past, many immigrant crime victims may not have legal status and were hesitant to come forward, and to help in the investigation or prosecution of criminal activity for fear of deportation or removal from the U.S.

The U category is designed to encourage one with knowledge of crimes (in a list of specified crimes, in violation of U.S. law or has occurred in the U.S.) to come forward and assist with the investigation process, thereby obtaining some immigration benefits for their help and cooperation.

The Law Office of Eva Xu has been on the forefront of this practice. We strive to better serve the immigrant community, particularly the underserved group–immigrant victims. In the past several years, before the promulgation of “U” visa rule, we have already helped many alien victims of criminal activities including domestic violence, felony murder, sexual assault, and other qualifying crimes to obtain the “U” visa Interim Relief and receive the employment authorization while waiting for the passage and enactment of this law.  Some have been waiting for seven years.

The above is a summary of the U visa and intended for public education only. If you are an advocate or intend to file this petition for yourself, we recommend you consult with an attorney who is familiar with the law and regulation for U visa. Following are my contact information: (301) 294-0660, email: evaxulaw@yahoo.com. 200-A Monroe Street, Suite 100, Rockville, MD 20850