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Sample Evidence List for U Visa - Crime Victims

EVIDENCE LIST FOR IMMIGRANT VICTIMS APPLYING FOR THE CRIME VICTIM VISA (U VISA)

A. Who is eligible to apply for a U Visa?

Certain immigrant victims of domestic violence, sexual assault, trafficking, kidnapping, and other listed violent crimes have suffered substantial physical or mental abuse flowing from criminal activity and who are cooperating with government officials investigating or prosecuting such criminal activity.

B. What are qualifying criminal activities?

  • 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
  • Attempt, Conspiracy, or Solicitation to Commit Any of the Above-Mentioned Crimes
  • Other state or federal crimes the nature and elements of which are substantially similar

C. What are the requirements that an applicant needs to prove in a U Visa application?

An individual applying for a U Visa must establish the following requirements:

  1. Statement by the victim petitioner required stating:

Has Need

___ ___ Nature of the criminal activity

___ ___ When the criminal activity occurred

___ ___ Who was responsible for perpetrating the criminal activity

___ ___ The events surrounding the criminal activity

___ ___ How the criminal activity came to be investigated or prosecuted

___ ___ What substantial physical and/or emotional abuse or injury was suffered

as a result of having been a victim of the criminal activity

___ ___ Information supporting other eligibility requirements

___ ___ Information explaining any inconsistencies between the victim’s

statement and other supporting evidence (e.g. medical records)

For applicants under the age of 16:

Has Need

___ ___ Statement with information listed above filed by parent

___ ___ Statement with information listed above filed by guardian

___ ___ Statement with information listed above filed by next friend

  1. Applicant is a victim of listed criminal activity:

Has Need

___ ___ Trial transcripts or rulings from criminal case

___ ___ Trial transcripts or rulings from protection order case

___ ___ Trial transcripts or rulings from other court or administrative law

proceedings

___ ___ Court documents

___ ___ News articles

___ ___ Police reports

___ ___ Affidavits of victim

___ ___ Affidavits of witnesses to crime or injuries

___ ___ Medical records

___ ___ Ambulance reports

___ ___ State statute showing the statutory elements of the crime

___ ___ Factual information demonstrating that the criminal activity is

similar to one on the U-visa list

___ ___ Certification from state, federal or local government official

For crimes occurring outside of the United States:

Has Need

___ ___ Statutory provisions providing extraterritorial jurisdiction

___ ___ Documentation showing that criminal activity violated U.S. law

___ ___ Documentation that the criminal activity is prosecutable in federal

court

  1. Criminal activity violated the laws of the United States or occurred in the

United States or its territories

Has Needs

___ ___ Certification from a law enforcement official, prosecutor, judge,

DHS official, or other federal or state authorities that the criminal

activity violated the laws of the United States or occurred in the

United States or its territories

(Using Form I-918 “U Nonimmigrant Status Certification.")

___ ___ Copies of the relevant law that the criminal activity has violated

___ ___ Copies of any arrest warrants

___ ___ Copies of any complaint reports

___ ___ Copies of any police reports

___ ___ Copies of any domestic violence incident report

___ ___ Affidavit of the pertinent law enforcement officer regarding the

nature of the criminal activity

  1. Nature of the abuse physical or mental abuse suffered by the victim:

Has Need

___ ___ Reports or affidavits from police

___ ___ Reports or affidavits from judges or other court officials

___ ___ Reports or affidavits from medical personnel

___ ___ Reports or affidavits from school officials

___ ___ Reports or affidavits from clergy

___ ___ Reports or affidavits from victim advocates, rape crisis center,

shelter, social workers or social services agency personnel

___ ___ Bond orders

___ ___ Other court orders or administrative agency orders (e.g. stay

away orders, findings documenting facts of criminal activity)

___ ___ Photographs of injury, crime scene

___ ___ Medical records from U.S. based provider documenting the

diagnosis and treatment of physical injuries

___ ___ Copies of any ambulance call reports

___ ___ Records of any 911 calls

___ ___ Records from a health care provider documenting diagnosis and

`treatment of mental abuse

___ ___ Affidavit of applicant detailing the substantial physical abuse and

injury and mental abuse and injury suffered as a result of the

crime (both what the perpetrator did and how the victim was

affected)

___ ___ Copies of any protection order issued for the applicant or

her/his children

___ ___ Copies of any domestic violence incident report

___ ___ Affidavits from neighbors, landlords, friends, or family attesting

to the criminal activity or having witnessed injuries that resulted

from the criminal activity that occurred in the U.S.

___ ___ Affidavits from police officers or prosecutors detailing the

violence that the applicant has endured

___ ___ Affidavits from victim advocates, shelter workers, battered

women’s advocates, counselors or mental health professionals

detailing the physical and mental abuse that the applicant has

endured

  1. Possession of information concerning the criminal activity alleged

For victims under the age of 16 at the time of the crime note from whom can be parent, guardian or next friend who provides the needed evidence of possession of the information required in children’s cases

Has Needs From

___ ___ _____ Affidavit of applicant detailing the applicant’s knowledge of the

criminal activity

___ ___ _____ Affidavits from police officers, prosecutors, judges, court officials

detailing the applicant’s knowledge of the criminal activity

___ ___ _____ Any documents that may show applicant’s knowledge of the

criminal activity

___ ___ _____ Copies of any police reports

___ ___ _____ Copies of any statements that the applicant has made

to a law enforcement agency

___ ___ _____ Copies of any complaint reports

___ ___ _____ Copies of any evidence that was obtained as a result of the

applicant’s help

___ ___ _____ Copies of any documents that the applicant has given

to a law enforcement agency

___ ___ _____ Transcripts of testimony that the applicant has given

to a law enforcement agency

___ ___ _____ Any incriminating photographs that applicant may have

___ ___ _____ Affidavits from witnesses that may place the applicant at the

scene of the criminal activity or attest to the applicant’s

knowledge of the criminal activity

  1. Crime victim has been helpful, is helpful, or is likely to be helpful to a

Federal, State, or local investigation or prosecution

Has Needs

___ ___ Affidavit of applicant detailing the applicant’s helpfulness

with the investigation or prosecution

___ ___ Affidavit of a law enforcement official, prosecutor, judge, DHS

official, or other federal or state authorities that the applicant has

been helpful, s helpful, or is likely to be helpful to the

investigation or prosecution

___ ___ Certificate from a law enforcement official, prosecutor, judge,

DHS official, or other federal or state authorities that the applicant

has been helpful, is helpful, or is likely to be helpful to the

investigation or prosecution

___ ___ Copies of any police reports

___ ___ Copies of any complaint reports

___ ___ Copies of any statements that the applicant has made to

a law enforcement agency

___ ___ Copies of any evidence that was obtained as a result of the

applicant’s help

___ ___ Copies of any documents that the applicant has given to a

law enforcement agency

___ ___ Transcripts of testimony that the applicant has given to

a law enforcement agency

___ ___ Affidavits of witnesses that applicant has been helpful, is helpful,

or is likely to be helpful to a Federal, State, or local investigation

or prosecution

___ ___ Brief description by the applicant’s advocate regarding

applicant’s activities in assisting the investigation or prosecution

  1. Certification from a law enforcement official, prosecutor, judge,

DHS official, or other federal or state authorities

Has Needs

___ ___ Certificate from a law enforcement official, prosecutor, judge,

DHS official, or other federal or state authorities

  1. For each family member applying they must prove:

Has Needs

___ ___ Proof of the relationship between the U-visa victim applying and

each family member

___ ___ Birth certificates

___ ___ Marriage licenses

___ ___ Parents must prove that the victim child is under 21 at the time of

filing

___ ___ Siblings must prove that they are under 18 at the time of filing

___ ___ Children must be under 21 years of age at the time of filing

Nikki Mehrpoo Jacobson Attorney at Law / Professor of Law [email protected] THE JACOBSON LAW FIRM, APC Immigration & Nationality ǀ Workers' Compensation 510 West 6th St. Suite 326 Los Angeles , CA 90014 (310) 277-2266 (310) 277-3366 FAX Los Angeles Immigration Lawyers - Free Consultation www.thelosangeleslawyers.com

Additional resources provided by the author

Nikki Mehrpoo Jacobson
Attorney at Law / Professor of Law
[email protected]
THE JACOBSON LAW FIRM, APC
Immigration & Nationality ǀ Workers' Compensation
510 West 6th St. Suite 326 Los Angeles , CA 90014
(310) 277-2266 (310) 277-3366 FAX
Los Angeles Immigration Lawyers - Free Consultation
www.thelosangeleslawyers.com

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