English
EspañolCan a parent get a U Visa based on a crime that happened to a child (US Citizen, LPR, or undocumented child)?
The parent needs to talk to an immigration lawyer who is familiar with U visas to get advice on 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.
It may be that the parent applies as an indirect victim (principal applicant) since they asking for the U visa for themself - but only a lawyer familiar with U visas can advise the parent about this. You can see more about indirect victims on our website.
I reached out to an immigration attorney from ASISTA, a national immigration organization, and she explained that a parent applying as an indirect victim would still need to meet all of the eligibility requirements for the U visa, including:
- that the crime belongs in the list of qualifying U visa crimes;
- that the parent has information about the crime and has been helpful to law enforcement in the investigation or prosecution of the crime; and
- that the parent has suffered substantial physical or mental abuse as a result of the crime against her child.
A parent who can meet all of these requirements would also need a certification from law enforcement listing the parent as the victim of the sexual assault against the child in the certification. If law enforcement puts 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.
If the child is not a US citizen or “Legal Permanent Resident” (LPR), the child may also generally qualify for a U Visa. Generally, the U visa is available to anyone who is not a US citizen or LPR, so if the child victim holds another type of status, such as Temporary Protected Status, diplomatic visa, H derivative visa, or other legal status, that child can generally still apply as a principal direct victim, and the parent can apply as a derivative of the child as long as the parent is also not a US citizen or LPR.
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 for themselves 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, they can contact ASISTA, a national immigration organization that mentors/trains attorneys over the phone in immigration matters such as U visas.”
