
I was abused abroad. Can I apply for U Visa?
Recently updated on April 27th, 2025 at 01:57 am
Probably not. When the U.S. law makers made U Visa law, they thought two purposes. One, U Visa is designed to protect and assist non-citizens who are victims of certain types of crimes and in need of aid from emergency circumstances. Two, U Visa is to encourage non-U.S. citizens to report crimes to the police and to cooperate with the U.S. justice system. In other words, the U.S. law makers wanted to help now-citizens who can strengthen law enforcement’s ability to find, search, take legal action, and punish serious crimes in the U.S. Thus, U Visa law expects at least a part of the crime has to have happened in the U.S..
For example, a victim of rape was denied for her U Visa application because her rape had not occurred in the U.S. The applicant was from Guatemala. She was raped in Guatemala by a man she thought was going to help her to enter the U.S. She escaped after the rape and entered the U.S. on her won. Even though she had been helpful to the police and government agencies in the investigation and/or prosecution of her rape, her application was denied. The reason is that because the crime had not occurred in the U.S. or its territories or possession, the U.S. does not have power to investigate or take the criminal to its courts. Thus, at least one incident of abuse has to happen in the U.S. to apply for a U Vasa.
Sources:
- 8 CFR 214.14: Electronic Code of Federal Regulations. (April 9, 2012). From https://www.ecfr.gov/cgi-bin/text-idx?node=pt8.1.214&rgn=div5
- 8 §USCA 1101(a)(15): FindLaw. (January 01, 2018). From https://codes.findlaw.com/us/title-8-aliens-and-nationality/8-usc-sect-1101.html
- Immigrants’ Right Clinic, Getting a U-Visa: Immigration help for victims of crime, Stanford Law School (March 2012). From ttps://www.ilrc.org/sites/default/files/resources/proseuvisamanual_english.pdf
- Immigrant Women Program Legal Momentum, Crossing The Threshold to Safety: Stories of Immigrant Crime Victims Who Will Benefit From Attaining U-Visas, (August 16, 2001). From http://library.niwap.org/wp-content/uploads/2015/CULT-Tool-StoriesBenefitUvisas.pdf
- Legislative History of VAWA, T and U-Visas, Battered Spouse Waiver, and VAWA Confidentiality. (June 17, 2015) From https://niwaplibrary.wcl.american.edu/pubs/vawa_leg-history_final-6-17-15-sji
- Leslye E. Orrloff and Paige E. Feldman, National Survey on Types of Criminal Activities: Experienced by U-Visa Recipients, in Immigration Women Program, Legal Momentum (November 29, 2011). From https://niwaplibrary.wcl.american.edu/pubs/u-visa-criminal-activities-survey
- Mondragon v. U.S., 839 F.Supp.2d 827 (2012). From https://1.next.westlaw.com/Document/I73452c516f9c11e18b1ac573b20fcfb7/View/FullText.html?originationContext=typeAhead&transitionType=Default&contextData=(sc.Default)
- Shukhrat v. Sec’y United States Dep’t of Homeland Sec., 634 Fed. Appx. 880 (3d Cir. 2015). From https://plus.lexis.com/search/?pdmfid=1530671&crid=0921b172-4bda-43f6-bf0f-578e5aa7bba2&pdsearchterms=Shukhrat+v.+Sec%E2%80%99y+United+States+Dep%E2%80%99t+of+Homeland+Sec&pdtypeofsearch=searchboxclick&pdsearchtype=SearchBox&pdstartin=&pdpsf=&pdqttype=and&pdquerytemplateid=&ecomp=34htk&earg=pdsf&prid=d643f3b4-178e-487f-a410-e5d4cd737f1c
- USCIS.gov/humanitarian: From https://www.uscis.gov/humanitarian
Related Posts
DVPO Meaning – Domestic Violence Protection Order
In Washington State, DVPO stands for Domestic Violence Protection Order which is a civil court order designed to protect someone from harm or threats by a family member, intimate partner, or household member. A DVPO in Washington can order the abuser to: Stay away from the victim’s home, work, or school Stop contacting or harassing…
How a Landlord can serve the notice to tenant in Florida
In Florida, serving a notice to a tenant depends on the type of notice and the situation. Here’s a breakdown of common types of notices and how to serve them: 1. Notice of Nonpayment of Rent (3-Day Notice) This notice is served when a tenant has failed to pay rent. How to Serve: Personal Delivery:…
What Are the Risks of Filing for Eviction in Florida?
Here are the risks of filing for Eviction in Florida 1. Dismissal of the CaseIf the eviction paperwork has errors — like listing the wrong amount of rent, failing to properly serve the notice, or missing deadlines — the court could dismiss your case. That means you would have to start over, losing time and…
How to Evict your Tenant in Florida for Not Paying Rent
If you have a tenant who is not paying rent, then you can legally evict the tenant by filing a legal case. An eviction case, also called an “unlawful detainer” case in Florida, is a legal action filed by a landlord to regain possession of a rental property when a tenant refuses to leave voluntarily.…