Immigration

NOTE TO STUDENTS: This is envisioning a situation where the victim has not reported to the police. If you think that she has reported to the police and perhaps didn’t cooperate fully (if she asked for the charges to be dropped or didn’t show up to testify, etc.), see instead the sample lang called “CAN I GET A U VISA IF I REPORTED THE ABUSE TO THE POLICE BUT I DIDN’T PRESS CHARGES?”

As you may know, one of the key elements of a U visa is getting the U visa status certification from law enforcement. The certification is a form that states that the victim “has been helpful, is being helpful, or is likely to be helpful to the authorities investigating or prosecuting the criminal activity.” The law says that from the moment the victim starts to cooperate with the authorities, s/he will have to continue that cooperation without refusing or failing to provide information and assistance that has been requested in a reasonable way - you can read more about this on our website, here: https://www.womenslaw.org/laws/federal/immigration/u-visa-laws-crime-vic…

[ADD THIS IF APPROPRIATE OR AMEND AS NEEDED: You mentioned that you never reported the abuse to the police but have you ever reported the incidents or to any other legal authority, such as Child Protective Services, or to a judge through a protection order petition, or another law enforcement agency?] You can read here on our website the different law enforcement authorities that could sign the necessary certification if a victim of a crime reports to that authority and is “helpful” in the investigation: https://www.womenslaw.org/laws/federal/immigration/u-visa-crime-victims/…

Also, only certain crimes could qualify someone for a U visa – not all crimes are listed as “qualifying crimes” under the law. You can see the list of crimes here: https://www.womenslaw.org/laws/federal/immigration/u-visa-crime-victims/…

If you have not made any sort of report – or even if you have – you may want to get a legal opinion about your situation to see what options you may have. I suggest that you talk to an attorney who specializes in U visas and who can evaluate your situation. Here are links for free and paid lawyers in STATE: LINK

Also, here is a link to national organizations that you may want to contact to find one that specializes in U Visas: https://womenslaw.org/find-help/federal/immigration.

And here is more information about U visas from our website that I hope is useful to you: https://www.womenslaw.org/laws/federal/immigration/u-visa-crime-victims