Immigration

Thank you for reaching out to us. Although I am not an expert in immigration laws and cannot provide legal advice, I hope that I can provide some helpful information.

The parent needs to talk to an immigration lawyer who is familiar with U visas to get advice on this. It may be that the parent applies as an indirect victim (principal applicant) since she is asking for the U visa for herself - but only a lawyer familiar with U visas can advise the parent about this. You can find free and paid lawyers in STATE on our website. [CHANGE “general” IN LINK TO STATE ABBREV] You can also find national organizations that may offer assistance to immigrant victims of crime on our website.

You can see more about indirect victims on our website. A next friend, as we also explain on our website, generally becomes involved if the child victim is trying to get a U visa for himself/herself and may then apply for the parent as a derivative family member. Next friends can’t apply for himself/herself. Next friends are just for supplying information on behalf of children who are applying, but can’t supply all the info or helpfulness themselves.

I did reach out to an immigration attorney from ASISTA, a national immigration organization, and she explained that in a situation where the undocumented parent is applying due to a crime against the child, the law enforcement officer would list the parent as an “indirect victim” of the sexual assault against the child in the certification. If they put the child as the victim, the certification may not work. However, again, it is not advisable for someone to submit the U visa application without an attorney.

There is also more information about applying for a U Visa when a US citizen child is the victim of a crime, and information about a person under 16 applying on our website.

Again, a person should not apply for a U visa on her own without a knowledgeable attorney.

If your attorney is uncertain about how to advise you, s/he can contact ASISTA, a national immigration organization that mentors/trains attorneys over the phone in immigration matters such as U visas.