By Elliot Alford / Alford Law PLLC
Firstly, let me share this link which provides almost all of the practical information one would need to decide if they had a U-Visa-eligible situation and how to apply:
Click here for Nonimmigrant Eligibility information.
In short, the U-Visa program allows for victims of qualifying crimes to apply for legal residency, either while in he US or from outside the US, if they are, have, or will be assisting law enforcement with an investigation of prosecution of the crime. For example, domestic violence is a qualifying crime. A victim of domestic violence can seek a signature from a law enforcement agency (either prosecutor or police, usually) to certify that they have been a victim and are helping with the prosecution. This person can then apply for the U-Visa through the mail.
Even if approved, an applicant may not receive a visa, as only 10,000 primary visas are issued each year. Even with a deferred status, though, an undocumented immigrant can remain in the US and receive work authorization and, for example, a drivers license in Arizona.
What I’d like to discuss, is how this program can cause some unintended consequences, such as spouses falsifying evidence against their spouse, in order to become eligible for this visa. This is merely one small part of this program but it is worth mentioning. For me, the solution to this would be simple, to train local police departments about this program. Ideally the suggestion to apply for this Visa would come from the police department or district attorney’s office.
— Elliot Alford is an attorney and business consultant based in Flagstaff at 13 N. San Francisco St., Suite No. 208. He practices in immigration, divorce/custody, criminal defense, civil and other areas of the law. Click here to see previous commentaries. He can be reached at 928-607-1701 or ElliotAlford@gmail.com.