A.  Basic Statutory Elements




To qualify for the U visa:

Reference
  • The non-citizen must have suffered substantial physical or mental abuse as a result of being the victim of one or more of certain enumerated crimes violating Federal, State, or local law.  


  • The non-citizen must possess information about the criminal activity, and be helpful (past, present, or likelihood of future helpfulness) to the relevant law enforcement, prosecution, or judiciary at the Federal, State, or local level. 
  • The criminal activity must have violated the laws of the United States, or have occurred in a United States territory or possession.
INA § 214(p)(1)
  • Significantly, the non-citizen must submit a certification from Federal, State, or local law enforcement, judge, prosecutor, or other authority investigating the criminal activity stating the non-citizen’s helpfulness (present or past) or likely future helpfulness in the investigation or prosecution of the criminal activity.