Yes, individuals with DACA (Deferred Action for Childhood Arrivals) status can apply for a U visa if they meet the eligibility requirements, which include being a victim of a qualifying crime and being helpful or likely to be helpful in the investigation or prosecution of that crime.
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Yes, individuals with DACA (Deferred Action for Childhood Arrivals) status can indeed apply for a U visa if they meet the eligibility requirements. The U visa is a nonimmigrant visa that is available to victims of certain crimes who have suffered mental or physical abuse and are helpful or likely to be helpful in the investigation or prosecution of the crime.
One interesting fact about the U visa is that it was created to encourage undocumented immigrants to report crimes and cooperate with law enforcement agencies without fear of deportation. This not only helps protect immigrant victims but also strengthens public safety as criminals can be brought to justice.
Here is a quote from Alejandro Mayorkas, the former Secretary of Homeland Security, highlighting the importance of the U visa:
“The U visa program sends a clear message from law enforcement to immigrant victims of crime: come forward, report crimes, assist in the investigation, and the United States will protect you.”
It is important to note that DACA status alone does not make an individual eligible for the U visa. To be eligible, one must be a victim of a qualifying crime, such as domestic violence, sexual assault, or human trafficking, and must meet other specific requirements.
Here is a table summarizing the eligibility requirements for a U visa:
Eligibility Requirements for U Visa
- Must have suffered mental or physical abuse as a result of a qualifying crime.
- Must have information about the crime and be helpful or likely to be helpful in its investigation or prosecution.
- Must have been a victim of a qualifying crime that occurred in the United States or violated U.S. laws.
- Must have been admissible to the United States, or be eligible for a waiver of inadmissibility.
- Must obtain a certification from a law enforcement agency or a qualifying official confirming their cooperation in the investigation or prosecution of the crime.
In conclusion, individuals with DACA status can apply for a U visa if they meet the eligibility requirements and have been a victim of a qualifying crime. The U visa serves as an important tool to protect immigrant victims and encourage their cooperation in the pursuit of justice.
A video response to “Can I apply for U visa if I have DACA?”
In this video, immigration lawyer Louis Ruiz discusses the U visa series and provides an overview of the U visa. He explains that the U visa was established in 2000 to encourage undocumented individuals to report crimes to law enforcement without fear of deportation. The U visa aims to foster collaboration between the undocumented community and law enforcement to remove dangerous criminals from society. To be eligible for a U visa, one must have been a victim of a qualifying crime, experienced significant physical or mental abuse, provided helpful information to the police, and be admissible to the United States. The U visa provides temporary status for four years, and after three years, individuals can apply for permanent residency and eventually US citizenship.
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This means individuals with DACA can now also apply for a U visa without worrying that they will be unable to renew their DACA later.