There are many types of visas available to foreign nationals. Some people enter the country with family-based visas, while others secure visas through their employment. In either scenario, immigrants may feel a forced sense of loyalty to the business or individual involved in securing their initial visa.
Even when they become victims of criminal activity perpetrated by that other party, they may feel as though they cannot take action. However, there are actually rules in place that protect immigrants who become victims of crime in the United States.
Spouses abused or trafficked by their wedded partners and workers forced into labor or compelled to participate in criminal activity by employers who secured them visas are among those who may be eligible for U visas.
Obtaining a Certification of Helpfulness is a key component of pursuing a U visa as a crime victim. What do immigrants need to know about the Certification of Helpfulness?
A conviction or even an arrest may not be necessary
To be eligible for a U visa, immigrants generally need to meet two basic requirements. The first is that they are a victim of a qualifying crime. Those crimes range from prostitution and violent crimes to involuntary servitude and female genital mutilation.
The second requirement is that they cooperate with the state regarding the investigation into the crime or the prosecution of the perpetrator. If they fulfill that second requirement, they can then obtain a Certification of Helpfulness. Immigrants seeking U visas in Minnesota may be able to obtain a Certification of Helpfulness from multiple different local authorities.
For those in the greater St. Louis area, and the West Metro area in particular, the entities that can provide a Certificate of Helpfulness include the Hennepin County Sheriff’s Office, the St. Louis Park Police Department and the Hennepin County Attorney’s Office.
Providing formal statements, testifying in court or submitting evidence collected privately to help facilitate an investigation are all actions that could meet the necessary standard to qualify for a Certificate of Helpfulness and then a U visa.
Immigrants who feel anxious about their rights and legal protections may need to consult with an attorney familiar with U visas and the process of obtaining a Certificate of Helpfulness. With the right legal guidance, immigrants can extricate themselves from a situation that left them victimized, and extend their stay in the United States afterward.