Tag Archives: Hypothetical U Visa

Hypothetical U Visa

U-Visa Hypothetical

Two individuals, who both entered without inspection, marry.  The couple’s home is broken into two and thieves steal nearly 10,000 dollars in property. The homeowners cooperate with the police and, through their cooperation find the criminals. Are they eligible for a U-visa?

The U Visa is a special non-immigrant visa available to the victims of crimes that occurred in the United States or territories. Aside from the location of the crime, the applicant must demonstrate that they “a) suffered substantial physical or mental anguish as a result of having been a victim of ‘qualifying criminal activity,’ b) possess credible and reliable information establishing that he or she has knowledge of the details concerning the qualifying criminal activity upon which his or her petition is based and  c) has been helpful is being helpful or is likely to be helpful to a certifying agency in the investigation or persecution of the qualifying criminal activity.”1

A qualifying criminal activity is defined as one, a combination of or an activity similar to, one of the following crimes: blackmail, incest, perjury, domestic violence, involuntary servitude, rape, extortion, kidnapping, sexual assault, false imprisonment, manslaughter, sexual exploitation, felonious assault, murder, abusive sexual contact, female genital mutilation, obstruction of justice, slave trade, held as a hostage, peonage, witness tampering or the attempt, conspiracy or solicitation to commit any of these crimes.… Continue reading...

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