In October 2000, the United States Congress created the U nonimmigrant status for victims of criminal activity by passing the Victims of Trafficking and Violence Act of 2000. (VTVPA).This Act was created to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain federal programs to prevent violence against women, and for other purposes. This Visa category is limited to 10,000 principles with U-1 status per year.
Statutory Cites [1]
Regulations [1]
The U-visa is under Title V and read as follows:
Victims of Trafficking and Violence Protection Act of 2000 (Public Law No: 106-386, 114 Stat. 1464)
TITLE V--BATTERED IMMIGRANT WOMEN
(a) FINDINGS AND PURPOSE-
(1) FINDINGS- Congress makes the following findings:
(A) Immigrant women and children are often targeted to be victims of crimes committed against them in the United States, including rape, torture, kidnaping, trafficking, incest, domestic violence, sexual assault, female genital mutilation, forced prostitution, involuntary servitude, being held hostage or being criminally restrained.
(B) All women and children who are victims of these crimes committed against them in the United States must be able to report these crimes to law enforcement and fully participate in the investigation of the crimes committed against them and the prosecution of the perpetrators of such crimes.
(2) PURPOSE-
(A) The purpose of this section is to create a new nonimmigrant visa classification that will strengthen the ability of law enforcement agencies to detect, investigate, and prosecute cases of domestic violence, sexual assault, trafficking of aliens, and other crimes described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act committed against aliens, while offering protection to victims of such offenses in keeping with the humanitarian interests of the United States. This visa will encourage law enforcement officials to better serve immigrant crime victims and to prosecute crimes committed against aliens.
(B) Creating a new nonimmigrant visa classification will facilitate the reporting of crimes to law enforcement officials by trafficked, exploited, victimized, and abused aliens who are not in lawful immigration status. It also gives law enforcement officials a means to regularize the status of cooperating individuals during investigations or prosecutions. Providing temporary legal status to aliens who have been severely victimized by criminal activity also comports with the humanitarian interests of the United States.
(C) Finally, this section gives the Attorney General discretion to convert the status of such nonimmigrants to that of permanent residents when doing so is justified on humanitarian grounds, for family unity, or is otherwise in the public interest.
[1] Lauren Graham, U Visa: A closer look at “qualifying crimes” and the role of the Department of Labor, https://cliniclegal.org/sites/default/files/2012%20Convening%20Powerpoint%20UVISA%20FINAL.pdf
Immigration administrative regulation generally comes from:
