U visa abuse: Fake crimes, real green cards - a $5,000 scam in US explained

Business Standard

18-07-2025

A visa created to protect immigrants who are victims of serious crime has now become the focus of a federal fraud investigation in the United States.
US Department of Justice indicted five men from Louisiana—including four active and former law enforcement officers on July 17, 2025, on charges of conspiracy, bribery, visa fraud and mail fraud, following a probe initiated by US Citizenship and Immigration Services (USCIS).
The case centres on the U visa, a special nonimmigrant visa meant for victims of crimes who cooperate with law enforcement. It offers temporary stay and protection from deportation, but officials say it was abused by those sworn to uphold the law.
False police reports and fake victims
According to a 62-count indictment released by the US Department of Justice, the accused allegedly ran a nearly decade-long scheme to create fake police reports of armed robberies so immigrants could falsely claim U visa eligibility.
'The indictment alleges the defendants produced false police reports so that the aliens who were supposedly victims of the robberies could apply for U visas,' USCIS said in a statement on Thursday.
The accused are:
1. Chandrakant Patel, also known as 'Lala', of Oakdale
2. Chad Doyle, chief of police, City of Oakdale
3. Michael Slaney, known as 'Freck', marshal, Ward 5 Marshal's Office in Oakdale
4. Glynn Dixon, chief of police, City of Forest Hill
5. Tebo Onishea, former chief of police, City of Glenmora
All five are charged with conspiring to commit visa fraud. They face up to 5 years in prison for conspiracy, 10 years for visa fraud, 20 years for mail fraud, and \$250,000 in fines per count if convicted. Patel also faces up to 10 years for bribery.
Fake crimes for real visas
Prosecutors say immigrants seeking U visas would contact Patel or his network, who then arranged to have them named as victims in fabricated police reports. Officers allegedly signed USCIS Form I-918B—used to certify cooperation from law enforcement—without any real investigation.
In one instance, Patel allegedly offered $5,000 to an agent of the Rapides Parish Sheriff's Office in February 2025 for a forged police report.
Aliens paid Patel thousands of dollars to be listed as crime victims, according to the indictment. Law enforcement officers allegedly authored and certified the reports in exchange for payment.
Operation Take Back America
The case is part of Operation Take Back America, a joint effort of the Department of Justice and the Department of Homeland Security. The task force was created under President Donald Trump's Executive Order 14159, Protecting the American People Against Invasion.
USCIS officers first flagged suspicious patterns in U visa applications, prompting a multi-agency investigation involving fraud detection units and local prosecutors.
How the U visa is supposed to work
The U visa was introduced by the US Congress in October 2000 under the Victims of Trafficking and Violence Protection Act. It was meant to help crime victims—such as those affected by domestic violence, sexual assault, or trafficking—gain temporary status in the US while helping law enforcement with investigations.
To be eligible, applicants must:
Be victims of qualifying criminal activity
Have suffered physical or mental abuse
Possess information about the crime
Be helpful to law enforcement
Have been involved in crimes that occurred in the US or violated US laws
Be otherwise admissible under immigration law (or apply for a waiver)
Crimes that qualify include:
Domestic violence, sexual assault, rape, stalking, and trafficking
Felonious assault, extortion, abduction, and involuntary servitude
Perjury, witness tampering, and obstruction of justice
Attempts or conspiracies linked to these offences
Applicants must also submit Form I-918 Supplement B, a certificate of helpfulness signed by a law enforcement agency. Certifying bodies include police departments, prosecutors, judges, child protective services, and certain federal agencies.
Green card path and growing concerns over fraud
U visa holders can apply for permanent residency after three years of continuous physical presence in the US. They must submit Form I-485 along with medical records, identity documents, travel history, and evidence of cooperation with law enforcement.
There are five U visa categories, covering victims and certain family members:
U-1: Primary applicants who are crime victims
U-2: Spouses of U-1 holders
U-3: Children
U-4: Parents (if U-1 is under 21)
U-5: Minor siblings (if U-1 is under 21)
Over the years, the programme has drawn criticism for delays and abuse. In a 2022 report, the Department of Homeland Security's inspector general found the scheme poorly managed, vulnerable to fraud, and not helpful in solving crimes. More than half the surveyed law enforcement agencies said they believed the programme was being abused.
A 2023 case exposed a multi-state network staging fake robberies for visa benefits. In 2024, one such staged robbery led to the fake assailant being shot by a bystander.
While the U visa was meant as protection for those in genuine need, recent investigations suggest it's increasingly being used as a tool to exploit the system.
But should the visa now be completely scrapped?
Despite the fraud revelations, expert warn against dismantling the U visa programme altogether.
Claire Holba, immigration policy analyst at the Niskanen Center, wrote in a blog post that critics often overlook the core reason the visa exists: to support those without legal status who become victims of serious crimes. 'A common criticism of the U visa is that petitioners lack proper immigration documentation,' she noted. 'But this ignores the fact that the visa was designed precisely because they don't have it.'
Holba argued that the system isn't just about protecting immigrants—it's a tool for law enforcement. 'Individuals who commit crimes must be prosecuted, regardless of their victim's immigration status. To do so effectively, victims and key witnesses must feel safe reporting these crimes.'
She added that the U visa has been vital in helping authorities go after offenders while offering protection to the most vulnerable, including women facing domestic violence and children subjected to rape and abuse. 'Misconceptions about U visas need correcting,' Holba wrote, 'so the programme can continue serving its purpose—making American society safer and more just.'