The “U” visa, a form of relief for crime victims who serve as witnesses in investigation and prosecution of the crime, was added to the INA as a part of the 2000 Violence Against Women Act, effective October 28, 2000,[342] and amended in 2005.[343]  Another visa is available to persons willing to give information on serious criminal activity,[344] the so-called informant or “S” visa.  See § 24.15, supra.[345]  That visa is very different.  The “U” visa requires that the person have been a victim of a crime, while the “S” visa is geared to an informant who may even have been a participant.  Only 100 “S” visas are available each year, while 10,000 “U” visas per year are available.  For more information, see N Tooby & J. Rollin, Criminal Defense of Immigrants § 24.17 (4th Ed. 2007).  The National Immigration Law Project of the National Lawyers Guild is also serving as a clearinghouse for information concerning this visa.  Advocates should consult the website for updated information before submitting applications by going to http://nationalimmigrationproject.org.

[342] See INA § 101(a)(15)(U), 8 U.S.C. § 1101(a)(15)(U).

[343] Violence Against Women and Department of Justice Reauthorization Act of 2005, P.L. No. 109-162, 119 Stat. 2960 (Jan. 5, 2006).

[344] INA § 101(a)(15)(S), 8 U.S.C. § 1101(a)(15)(S).

[345] INA § 101(a)(15)(S), 8 U.S.C. § 1101(a)(15)(S).

Fifth Circuit