If someone becomes a victim of certain crimes during their stay in the US and then helps law enforcement in the investigation process, they are eligible to get the U visa — after all cross checks and verifications.As an Indian-origin man, Rambhai Patel, recently pleaded guilty to one count of conspiracy to commit visa fraud, the entire modus operandi has now come out. The 37-year-old Indian man residing in New York used to stage armed robberies at restaurants so that the restaurant staff could claim a U Visa. In return, Rambhai Patel got hefty money from the staged victims.On May 22, Patel pleaded guilty. He was charged in December 2023 along with a co-conspirator. Patel will be sentenced on August 20. The charge of conspiracy to commit visa fraud provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. And Patel will be deported after the completion of any sentence imposed.
How was the U visa fraud orchestrated
According to the documents of the Justice Department, Patel and his alleged co-conspirator started these staged robberies in March 2023. All of these were armed robberies to qualify for the visa requirements. They robbed at least nine convenience/liquor stores and fast-food restaurants across the US — including at least five in Massachusetts. The purpose of the staged robberies was to allow the store clerks to claim that they were victims of a violent crime on an application for U nonimmigrant status which is available to victims of certain crimes who have suffered mental or physical abuse and who have been helpful to law enforcement in the investigation or prosecution of criminal activity. In the staged robbery, the fake robber used to threaten the store staff with a firearm before taking cash from the register and fled. The entire action had to be done in front of a surveillance camera so that there would be enough evidence. The restaurant owners then called the police to report the crime only when the fake robbers escaped. One fake victim paid Patel $20000 to include him in his staged robbery so that he could get a U visa.Patel then paid the store owners for the use of their stores for the robbery. At least two purported victim co-conspirators submitted U Visa applications based on being victims of the staged armed robberies.
What is a U Visa?
The U visa is a nonimmigrant visa in the US, specifically designed for victims of certain crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It was created under the Victims of Trafficking and Violence Protection Act of 2000, which also includes the Battered Immigrant Women’s Protection Act.A U visa grants temporary legal status, typically for up to 4 years, along with work authorization (via an Employment Authorization Document, or EAD). It also offers protection from deportation, which is crucial for victims assisting law enforcement.