This toolkit for law enforcement agencies and prosecutors explains and provides guidance for implementing the federal U visa law provisions, which were enacted to facilitate the investigation and prosecution of specified crimes that victimize undocumented immigrants who fear deportation if they contact or cooperate with police when they are victimized.
The U visa provisions, which were enacted by Congress in 2000, enable undocumented immigrant victims of specified crimes to receive legal status for up to 4 years. This status will permit the non-citizen crime victim to live and work in the United States for the duration of the U visa. U visa serves as a tool for law enforcement to bring perpetrators of violent crimes to justice by gaining the cooperation of undocumented immigrant victims of such crimes. In addition, it fosters trusting relationships between the police and immigrant populations in jurisdictions they serve. The U.S. Citizenship and Immigration Services (USCIS) of the U.S. Department of Homeland Security administers the U visa program. This toolkit provides detailed instructions on what both the immigrant victim and the law enforcement agencies investigating the crimes must do to secure a U visa. In addition to law enforcement agencies, prosecutors and victim advocate personnel in prosecutor's offices are also in position to both identify U visa eligible crime victims and assess the immigrant victim's helpfulness or willingness to be helpful in the prosecution of the case. It is the responsibility of appropriate criminal justice agencies to publicize and implement the U visa provisions in immigrant communities and the larger community in the interest of preventing and prosecuting crimes against non-citizens. Sample U visa documents and materials are provided.