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U Visa:
Victims of Certain Crimes
An alien who files a petition for U status, if:
(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); and
(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;
(ii) if the Attorney General considers it necessary to avoid extreme
hardship to the spouse, the child, or, in the case of an alien child,
the parent of the alien described in clause (i), the Attorney General
may also grant status under this paragraph based upon certification of a
government official listed in clause (i)(III) that an investigation or
prosecution would be harmed without the assistance of the spouse, the
child, or, in the case of an alien child, the parent of the alien; and
(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; 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; or attempt, conspiracy, or solicitation
to commit any of the above mentioned crimes; or 4aa/
See CIS recent memo.
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