II.  U Visas for Minors and Their Parents
(Reed H. Allen, Esq.)

See
The U visa, so named due to its placement in section 101(a)(1)(U) of the Immigration and Nationality Act (INA), was created by the Victims of Trafficking and Violence Protection Act of 2000 (VTPA). 

Note
The U visa was created to assist law enforcement in the investigation and prosecution of crimes, in addition to providing non-citizens access to the civil and criminal protections. The hope was that by providing the possibility of lawful status in the United States, non-citizens would no longer fear coming to the attention of immigration authorities by assisting law enforcement.

Note
Despite the VTPA being passed in 2000, the regulations implementing the U visa were not officially issued until October of 2007. No true “visas” were issued between 2000 and 2007, though an “interim” relief was offered to all those who demonstrated prima facie eligibility for the U visa under statute. Such individuals were granted “deferred” action, work authorization, and were required to renew their interim status on an annual basis while awaiting publication of the regulations. 

Note
Now that the regulations have been published, no interim relief is available, and individuals must comply with the more rigorous application procedures to be considered.
The U visa, in addition to offering lawful status to those who entered the United States unlawfully or would otherwise be ineligible for lawful status in other contexts, has special provisions designed to protect children who have been the victims of criminal activity, or as derivatives on a family member’s application. 

INA § 214(p)(6).
 INA § 245(m).

The U visa is a nonimmigrant visa that offers four years of lawful “U” status with the possibility to adjust status to that of a lawful permanent resident after three years of physical presence since admission into U status, and where the Secretary of Homeland Security determines that the non-citizen’s continued presence in the United States is justified on humanitarian grounds, for family unity, or to serve the public interest.
This section outlines the basic elements of the U visa and then focuses on provisions applying to children in the U visa context. This section is intended to be an outline of the law and should never replace individualized legal advice from a licensed attorney.