Help for Victims of Crimes: The U Visa

Lei Mei was born in Nanjing, China and came to the United States in 2004 on a tourist visa. Within a month of entering the United States, Lei Mei moved to Boston and began working at a garment factory in the area. She began to date Eduardo, a citizen of Mexico who illegally entered the United States by crossing the border in the Arizona desert. Lei Mei has been in the United States since 2004 and is currently in the United States illegally without a valid immigration visa.

Last month, Lei Mei and Eduardo were involved in a domestic dispute. By the time that the police arrived at Lei Mei’s apartment, Eduardo had broken Lei Mei’s nose and left her with bruises all over her body. Lei Mei pressed legal charges and Eduardo was convicted of domestic assault.

Lei Mei wants to stay in the United States permanently. She wants to know if there is any way for her to obtain a green card.

In 2000, the United States Congress invented a visa for victims of crimes. The U visa was implemented by Congress to allow non-U.S. Citizens who have been victims of crimes obtain legal immigrant status in the United States.

There are three requirements for a non-U.S. Citizen to obtain a U visa. First, they must have been a victim of a crime. Examples of crimes that have led to the issuance of U visas are domestic violence, rape, and extortion. Second, the petitioner must obtain documentation from a law enforcement agency that they have been a victim of a crime. Finally, the non-U.S. Citizen must show that they have cooperated with law enforcement. After the government approves a U visa petition, a non-U.S. Citizen can apply for a green card after three years.

In Lei Mei’s case, when she applies for a U visa, she will want to show that she was the victim of domestic violence, that she cooperated with the police by calling them when the incident initially happened, and that she pressed legal charges against Eduardo. Once Lei Mei’s U visa is approved, she will only have to wait three years before she can obtain a green card.

Keith A. Pabian, Esq. is an Immigration Attorney at Pabian & Russell, LLC and is conversant in Mandarin Chinese. Mr. Pabian can be reached at (617) 951-3721 or by email at kpabian@pabianrussell.com if you would like to schedule a free consultation or are in need of immigration assistance or advice.