U Visa Available for Immigrant
Stan Lou -
OCA-DC Co-president
Feburary 19, 2009
The U.S. Citizenship and Immigration Services has published an interim rule that grants immigrant benefits to certain victims of crimes who assist government and law enforcement officials in investigating or prosecuting the criminal activity. These benefits come in a package being referred to as “U Visas.” Details of these visas were presented by the Asian Pacific American Legal Resource Center in a training session to several advocacy groups on February 12, 2009.
According to APALRC Staff Attorney Nadia Firozvi, the immigrant victims of certain criminal activity need not have legal status to be in the country, i.e., they could be undocumented. If a person suffered substantial physical or mental abuse from a qualifying criminal activity, has information concerning the criminal act, is helpful in the investigation and prosecution of the crime, and the criminal activity violated laws of the U.S. inside the U.S., then the person may be eligible for U nonimmigrant status. This may authorize the holder to remain in the U. S. for up to four years, along with his/her family members.
After receiving this training and overview, Stan Tsai and Stan Lou, Co-Presidents of OCA-DC, agreed that this information needs to be disseminated to the local Asian American community. Stan Tsai remarked that there has been a rash of assaults to delivery persons for Asian fast food outlets, and many of them may be undocumented immigrants who could use U nonimmigrant status.
Besides providing the benefit of resident status for the victim and family, it would also qualify him/her to apply for a Green Card after three years, which could lead to citizenship. In the bigger picture, this activity would build better relationships and cooperation between the immigrant community and local law enforcement. This could also reduce the crime rate against the immigrant community, as many crimes are committed because the perpetrators believe immigrants will not report the crimes if their resident status in the U.S. is questionable.
OCA-DC is planning with APALRC to conduct additional training on this important subject in the near future and will announce the plans later. In the meantime, to learn more, check www.ocadc.org or www.apalrc.org.
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