For a victim to qualify for the U Visa Status, the immigrant must have been the victim of a qualifying criminal activity. The regulations define the U Visa status victim as “an alien who is directly and proximately harmed by the qualifying criminal activity.”
Qualifying activity means one or more of the crimes listed in statute. The following include:
Rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, kidnapping, abduction, or solicitation to commit any of the above mentioned crimes, or any similar activity in violation of the federal, state or local criminal law. There are many more crimes listed, these are just a few.
Example: Marco was held down and punched repeatedly by a couple of boys that were in the locker room because they suspected that he was gay. School officials called the Police, who then arrested the boys for assault and battery, enhanced to a felony because of a provision in his state’s hate crime law. Because Marco was a victim of a felonious assault and he is helping the police with his case, he may be eligible for the U Visa Status.
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