The Crime Victim’s Visa: Exploring Appeals Outcomes Using USCIS Decision Data

• In Event: Latina/o/x Criminology Panel 2: Consequences and Responses to Victimization

Abstract

Research has found that foreign nationals across legal statuses are vulnerable to victimization. However, gauging the extent and degree to which foreign nationals experience various crimes is difficult due to underreporting and the lack of data. To increase reporting by noncitizens and cooperation with law enforcement agencies, Congress created the U Nonimmigrant Status (U-visa). This visa category is allocated for “victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity” (USCIS, 2023). Since there are no publicly available datasets on U-visa petitioners, this mixed methods study capitalizes on appeals decisions published by the USCIS Administrative Appeals Office (AAO) to explore three key outcomes: the qualifying crime foreign nationals experience on U.S. soil, law enforcement certification as “helpful,” and the U-visa appeal outcomes. The primary research question of interest in this study is “What factors are most commonly associated with AAO decision outcomes as dismissed, sustained, or remanded?” Preliminary findings will be presented (n=400). Policy implications regarding the future of the U-Visa and challenges for petitioners will be discussed.

Authors

• Krystlelynn Caraballo, Arizona State University

• Rhiannon Roberts, Arizona State University