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Victim of Crime (U) Visa

Trafficking Victims Protection Act of 2000, provides 10,000 U visas for persons who:

  1. Suffered substantial physical or mental abuse as a result of having been a victim of "qualifying criminal activity"
  2. Possesses credible and reliable information establishing that she or she has knowledge of the details concerning the qualifying criminal activity upon which the petition is based
  3. Has been helpful, is being helpful, or is likely to be helpful to a certifying agency in the investigation or prosecution of the qualifying criminal activity and
  4. The qualifying criminal activity occurred in the U.S., in U.S. territories or possessions, or violated a U.S. federal law that provides for extraterritorial jurisdiction.

"Qualifying Criminal Activity" is defined to include one or more of the following, or any similar activities, in violation of federal, state or local criminal laws:

  • Abduction
  • Blackmail
  • Domestic Violence
  • Extortion
  • False Imprisonment
  • Felonious Assault
  • Female Genital Mutilation
  • Hostage
  • Incest
  • Involuntary Servitude
  • Kidnapping
  • Manslaughter
  • Murder
  • Obstruction of Justice
  • Peonage
  • Perjury
  • Prostitution
  • Rape
  • Sexual Assault
  • Sexual Contact (abusive)
  • Sexual Exploitation
  • Slave Trade
  • Torture
  • Trafficking
  • Unlawful Criminal Restraint
  • Witness Tampering
  • Or attempt, conspiracy, or solicitation to commit any of these crimes

See INA §101(a)(15)(U)(iii); 8 C.F.R. §214.14(a)(9)

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