U Visas for Immigrant Victims of Hate Crimes: A Practice Guide for Advocates

22 Pages Posted: 27 Jun 2014 Last revised: 4 Feb 2015

See all articles by Jeanine Braud

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

Jeffrey Selbin

University of California, Berkeley - School of Law

Date Written: June 26, 2014

Abstract

Immigrants -- and LGBT immigrants 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.

Keywords: U visas, hate crime, immigrants

Suggested Citation

Braud, Jeanine and Haro, Criselda and Tomchin, Olga and Selbin, Jeffrey, U Visas for Immigrant Victims of Hate Crimes: A Practice Guide for Advocates (June 26, 2014). UC Berkeley Public Law Research Paper No. 2459315. Available at SSRN: https://ssrn.com/abstract=2459315 or http://dx.doi.org/10.2139/ssrn.2459315

Jeanine Braud

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720
United States

Criselda Haro

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720
United States

Olga Tomchin

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720
United States

Jeffrey Selbin (Contact Author)

University of California, Berkeley - School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

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