A U nonimmigrant status (U visa) is reserved for victims of crimes, whether that be mental or physical abuse, who are willing to be of aid to law enforcement or government officials regarding criminal activity. Congress created the U visa back in 2000 through the Victims of Trafficking and Violence Protection Act (TVPA). This act provided protection for victims of trafficking through the following methods:
The U visa was said to have been a way to safely incentivize undocumented victims and survivors of various kinds of criminal activity to cooperate with police and investigators to aid in obtaining justice. Qualifying criminal activities that fall under obtaining a U visa include, but are not limited to, the following:
In addition to allowing undocumented immigrants to live and work in the United States, the U visa also provides them with the opportunity to apply for a green card in the future. The process can take up to 15 or 20 years, and there are currently over 300,000 individuals waiting.
There are a series of challenges when applying for a U visa. It is crucial to understand these challenges to ensure safety and protection for all the applicants. The first challenge is that there is a yearly cap of 10,000 U visas, leading to applicants being put on a waitlist when that cap is met. During this time, undocumented victims may face stress and anxiety because of the uncertainty surrounding their visa. Obtaining the required certification from law enforcement can be another challenging component of the U visa process. Sometimes, individuals may encounter law enforcement officers who are uncooperative and unwilling to assist. Additionally, the application requirements can be complex and difficult to understand, as there are various forms of documentation that must be provided to apply for the U visa. As a result, this process can be lengthy and extremely difficult for many applicants.
During the Trump administration’s mass deportation campaign, authorities detained various immigrants who are waiting to receive a U visa. It has been reported that individuals with pending visa applications or work permit notifications are also being arrested and detained. Additionally, many face detention during their immigration court appearances.
The Trump administration is indicating that “good faith determinations” does not protect individuals from deportation. This is ultimately leading to detentions of U visa applicants. Fear and anxiety is increasing among individuals, as they are no longer safe from deportation. According to the Trump Administration, there is a daily quota of 3,000 arrests and an increase in overall detentions and deportations.
Seeking the right tools and having a positive support system are vital to remaining calm during these lengthy and draining processes and drawbacks. There are various resources available to help victims in the process of potentially acquiring a U visa. It is essential to utilize resources such as advocacy groups, non-profit organizations, and others to ensure that you receive the proper care and support needed to succeed.
Navigating the U visa process can be overwhelming and challenging, and at times, feel impossible. At KAASS LAW, we understand and are committed to guiding victims in the right direction to receive justice. Our experienced immigration attorneys at KAASS LAW can help you go through the necessary steps to achieve equity. Contact KAASS LAW for a confidential consultation today.
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