NCJ Number
228820
Journal
FBI Law Enforcement Bulletin Volume: 78 Issue: 10 Dated: October 2009 Pages: 10-16
Date Published
October 2009
Length
7 pages
Annotation
This article explains how police can gain greater cooperation from immigrant populations by publicizing the benefits of the U visa, which provides a pathway to legal status for immigrant crime victims who have suffered substantial physical or mental abuse resulting from victimization; have information regarding a crime; and assist in the investigation or prosecution.
Abstract
The incident at issue, however, must have violated U.S. law or occurred within U.S. borders or a U.S. territory or possession. In order to obtain a U visa, victims must demonstrate to the U.S. Citizenship and Immigration Services their willingness to cooperate in a qualifying investigation or prosecution by a law enforcement agency, prosecutors, judges, or any other appropriate authority. Those who qualify for U visas receive temporary legal status and work authorization. After 3 years, they may gain eligibility for lawful permanent resident status (i.e., a Green Card). The benefits provided by the U visa make it an effective tool for encouraging immigrant victims, particularly domestic violence victims, to report their victimization and cooperate with police in investigating and prosecuting the alleged perpetrator. Congress created the U visa program as part of the Victims of Trafficking and Violence Protection Act of 2000, recognizing that many crime victims have temporary or no legal status in the United States. They fear assisting law enforcement because it could lead to their deportation. Issues addressed in this article include the role of law enforcement agencies in the U visa application process, who can sign the law enforcement certification form, consequences if the victim stops cooperating, and whether U visas may encourage the filing of false police reports. 17 notes