Immigration Fraud: Fixing Loopholes in Immigration Law by B.R. Konda

Author:B.R. Konda
Language: eng
Format: epub
Published: 2018-01-04T05:00:00+00:00

U-Visa Misuse, Fraud and Statistics

U-Visa provides a temporary nonimmigrant visa for eligible victims of a crime committed within the United States. Congress passed “The Victims of Trafficking and Violence Prevention Act” to encourage victims of crimes to come forward with complaint and evidence to help in the prosecution of criminals. U-Visa was the statutory enactment of that law. The statutory text for U-Visa is given below:

(i) an alien who files a petition for status under this subparagraph, if the Secretary of Homeland Security determines that

(I) the alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity described in clause (iii);

(II) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) possesses information concerning criminal activity described in clause (iii);

(III) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) has been helpful, is being helpful, or is likely to be helpful to a Federal, State, or local law enforcement official, to a Federal, State, or local prosecutor, to a Federal or State judge, to the Service, or to other Federal, State, or local authorities investigating or prosecuting criminal activity described in clause (iii);

(IV) the criminal activity described in clause (iii) violated the laws of the United States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States;

8 U.S.C. § 1101 (a) (15) (U) (i) (2011).229

Clause (iii) of the above specified section include the following:

(iii) the criminal activity referred to in this clause is that involving one or more of the following or any similar activity in violation of Federal, State, or local criminal law:

rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; stalking230; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; fraud in foreign labor contracting (as defined in section 1351 of title 18, United States Code); or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes;

8 U.S.C. § 1101 (a) (15) (U) (iii) (2011).231

There are additional requirements regarding the “certification” of the U-Visa with the appropriate government agencies. The following is a list of Crimes that can be used for certification procedure with the eligible law enforcement authority. The certification statutory authority is given below:

(1) PETITIONING PROCEDURES FOR SECTION 1101(a)(15)(U) VISAS

The petition filed by an alien under section 1101(a)(15)(U)(i) of this title shall contain a certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating criminal activity described in section 1101(a)(15)(U)(iii) of this title. This certification may also be provided by an official232 of the Service whose ability to provide such certification is not limited to information concerning immigration violations.

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