U-visas are available to immigrants who have been victimized by crime

June 08, 2013

U-visas are available to immigrants who have been victimized by crime

Article provided by Petty & Stewart, PLLC
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Immigrants without legal status in the United States are often considered to be some of the most vulnerable in our society. Unfortunately, many immigrants in such situations may find themselves in dangerous situations, as victims of terrible crimes.

As many individuals may not be aware of their rights, many of these crimes go unreported. This need not be the case, however, as protections are in place for immigrants without legal status to ensure they do not continue to be the victims of crimes while in the U.S.

U-visas

Many individuals who are in the United States without legal status believe they will be deported if they report that they have been the victim of a crime. In addition, many perpetrators of these crimes enforce that belief to frighten the victim into remaining silent.

Nevertheless, there are protections available for those who have been the victim of many types of crimes, including:
-Human trafficking
-Rape
-Sexual assault
-Domestic violence

These individuals may apply for a U-visa, which prevents individuals from being deported who can help law enforcement officers investigate or prosecute a crime. People may be eligible for U-visas if they have already, are currently or will likely provide such assistance in the future.

With a U-visa, an individual is allowed to remain in the United States for four years. During that time, the individual is also allowed to work. Under the Violence Against Women Act, 10,000 U-visas are available throughout the United States every year. After obtaining a U-visa, individuals may attempt to change their status to one of a lawful permanent resident.

Women are particularly vulnerable to these crimes

Studies have shown that women who come to United States without lawful status are often the victims of crimes, particularly sexual harassment and sexual assault in the workplace. According to a survey reported by the Human Rights Watch, 77 percent of women immigrants in five states indicated sexual harassment was a serious problem on the job.

Women report suffering sexual abuse by their supervisors on the job, while being threatened that reporting the abuse will result in their deportation. Women in such situations would benefit from consulting with an experienced immigration attorney. A qualified legal professional will be able to ensure that the individual's rights are protected and the appropriate steps are taken to protect the immigration status of the individual in the United States.