A little-known path to a green card (permanent residence) exists for victims of some crimes. This path is the U visa.
The U visa is available to non-citizens who suffer physical or mental abuse as the victim of certain crimes. The eligible crimes include most violent crimes, kidnapping, trafficking, and criminal assault, but do not include crimes such as fraud and non-violent theft. The victim must also help the authorities investigate the crime with information or testimony, but the visa is still available if the authorities do not find a suspect or do not proceed with criminal charges.
Examples of people who may be eligible for the U visa are victims of domestic violence, mugging victims, and the surviving family members of a murder victim.
The U visa is a major benefit. A U visa lasts for four years, and after three years the U visa holder may be eligible for a green card (permanent residence). A U visa holder can also get employment authorization. Some immediate family members of the U visa holder are also eligible for their own U visas.
The U visa is potentially available even to immigrants who are undocumented or not in valid immigration status. It is even available to some immigrants who have a deportation order against them.
For example, imagine a Brazilian immigrant who is the victim of a mugging. The man reports the mugging to the police and provides information about the mugger. The police investigate and arrest the mugger. The mugger takes a plea and his case does not go to trial. The police are willing to certify that the man helped them investigate the mugging, and the man is eligible to file an application for a U visa. His wife and young children are eligible to receive U visas with him. The man and his family apply for and receive U visas. With the U visa the man receives work authorization, and he and his family receive four years of legal status to stay in the U.S. After three more years in the U.S., he and his family may be eligible for green cards (permanent residence).
If you have been the victim of a crime in the past and you have already helped the authorities investigate the crime, you may be eligible for the U visa based on that past crime if the authorities are willing to certify that you helped them in the past.
