If you are a victim of a crime in Florida, you may worry about contacting the police due to your immigration status. However, the U Nonimmigrant Status (U Visa) exists to help people in this situation. This visa allows victims of specific crimes to assist law enforcement without the risk of deportation.
Many immigrants in Lauderhill and throughout Florida use this process. It helps victims gain legal status while aiding police investigations. To qualify, you must understand both federal rules and Florida criminal laws.
This guide explains the requirements for a U Visa and how the application process works in Florida.
What Is a U Visa?
The U Visa provides temporary legal status to victims of crimes who help law enforcement. Congress created this visa to strengthen community safety and hold criminals accountable.
If approved, a U Visa offers:
- Temporary legal status in the U.S. for four years.
- Employment authorization (a work permit).
- Eligibility to apply for a Green Card (Lawful Permanent Residence) after three years.
Applicants must meet specific criteria to qualify. You must show that you suffered substantial physical or mental abuse due to a qualifying crime. You must also prove that you have been, are being, or will be helpful to law enforcement.
Qualifying Crimes Under Florida Law
Federal law lists specific “qualifying criminal activities” for U Visa eligibility. To apply in Florida, your attorney must show how the crime you suffered matches these federal categories under Florida statutes.
Common qualifying crimes include domestic violence, felonious assault, sexual assault, trafficking, and stalking.
Domestic Violence
Florida law defines domestic violence under Fla. Stat. § 741.28. This statute applies to offenses like assault or battery resulting in injury or death. However, it only applies if the attacker is a “family or household member.” This includes spouses, former spouses, people related by blood or marriage, or people who live together as a family.
Stalking
Stalking is also a qualifying crime. Fla. Stat. § 784.048 states that a person commits stalking if they “willfully, maliciously, and repeatedly” follow or harass you. This can include cyberstalking. Physical violence does not need to occur for an offense to qualify as stalking under this statute.
Human Trafficking
Human trafficking involves exploiting a person for labor or commercial sex. Fla. Stat. § 787.06 defines this crime. Under Florida law, trafficking generally requires proof that the perpetrator used force, fraud, or coercion to exploit the victim. If you were forced to work or engage in sexual acts against your will, this statute may apply.
Felonious Assault
Federal U Visa regulations use the term “felonious assault.” In Florida, this category aligns closely with Fla. Stat. § 784.021 (Aggravated Assault). This crime involves an assault with a deadly weapon without the intent to kill, or an assault with the intent to commit a felony.
The “Helpfulness” Requirement
Victims must also prove “helpfulness” to qualify. This means you possess information about the crime and assist law enforcement.
You do not need to solve the crime to meet this requirement. You must simply cooperate with the investigation or prosecution. Examples of helpfulness include:
- Calling 911 to report the incident
- Providing a statement to the Lauderhill Police Department or another agency
- Identifying a suspect
- Testifying in court
Law Enforcement Certification (Form I-918B) in Florida
The application requires Form I-918, Supplement B. A law enforcement official must sign this document. It certifies that you were a victim of a qualifying crime and that you were helpful.
Important Florida Rule: Florida law does not require law enforcement agencies to sign this form. Agencies like the Lauderhill Police Department or the State Attorney’s Office have the discretion to approve or deny these requests. They are not mandated by state statute to sign, even if you cooperated.
Because certification is discretionary, the request must be accurate and well-documented. You typically submit this request to a designated “Certifying Official” within the agency. You may still apply for certification if the case is closed or if no arrest occurred, as long as you cooperated.
Criminal History
A criminal record does not automatically bar you from receiving a U Visa. However, you may need to file a “waiver of inadmissibility” (Form I-192). This form asks the government to excuse past violations.
Legal Assistance for U Visas in Lauderhill
The U Visa process involves complex federal and state regulations. Since Florida agencies are not required to sign certifications, the application must be thorough.
An attorney can assist with:
- Reviewing the facts to see if the crime fits Florida statutes like § 741.28 or § 784.021.
- Preparing the certification request for the appropriate official at the police department or prosecutor’s office.
- Drafting your statement to clearly explain your cooperation and the impact of the crime.
Contact Jean Law Group LLC
Jean Law Group LLC represents clients in Lauderhill and across the U.S. regarding immigration matters. If you have questions about your eligibility for a U Visa, we can review your case and explain your legal options.
Call us at 954-951-8773 to schedule a consultation.
