Monday, July 14, 2014
Immigration Article of the Day: U Visas for Immigrant Victims of Hate Crimes: A Practice Guide for Advocates
"U Visas for Immigrant Victims of Hate Crimes: A Practice Guide for Advocates", UC Berkeley Public Law Research Paper No. 2459315, by JEANINE BRAUD, University of California, Berkeley - School of Law, CRISELDA HARO, University of California, Berkeley - School of Law, OLGA TOMCHIN, University of California, Berkeley - School of Law, School of Law.
Immigrants -- and LGBT immigrant in particular -- are especially vulnerable to hate crimes. If immigrant victims of hate crimes cooperate with authorities in the prosecution of their perpetrators, they may be eligible for U Visas. But many immigrant victims, advocates and certifying agencies are not aware that hate crimes can be qualifying crimes for U Visa purposes. While there are general U Visa practice manuals, this short guide is designed to assist advocates representing immigrant victims of hate crimes, including: (1) information about the U Visa, including qualifying (enumerated and non-enumerated) crimes; (2) a description of hate crimes and how they can constitute qualifying crimes for U Visa purposes; (3) best practices for representing immigrant victims of hate crimes, including how to identify non-enumerated hate crimes, obtain certification of such crimes, and draft a supporting declaration; and (4) sample U Visa forms and other advocacy resources.