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U Humanitarian Visa

Posted on February 18, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The U visa category was created by provisions in the Victims of Trafficking and Violence Protection Act of 2000 for victims of certain enumerated crimes which occur in the United States. The Act provides for up to 10,000 visas yearly for such victims. U nonimmigrants may be eligible for adjustment of status after three years of continuous presence where reasons of humanitarian grounds, family unity or public interest justify such a grant. An alien may be classified as a U nonimmigrant if the Secretary of Homeland Security determines that: (1) the alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity involving one or more of the following or any similar activity in violation of federal, state, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes; (2) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) possesses information concerning such criminal activity; (3) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) has been helpful, is being helpful, or is likely to be helpful to a federal, state, or local law enforcement official, to a federal, state, or local prosecutor, to a federal or state judge, to the Bureau of Immigration and Customs Enforcement (BICE), or to other federal, state, or local authorities investigating or prosecuting such criminal activity; and/or (4) the criminal activity violated the laws of the United States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States. If the Secretary of Homeland Security considers it necessary to avoid extreme hardship to the spouse, the child, or, in the case of an alien child, the parent of the alien described above, the Secretary of Homeland Security may also grant U nonimmigrant status based upon certification of a listed government official that an investigation or prosecution would be harmed without the assistance of the spouse, the child, or, in the case of an alien child, the parent of the alien. The number of principal aliens who may be issued visas or otherwise provided status as U nonimmigrants in any fiscal year will not exceed 10,000. Unfortunately, there is a great deal of red tape and unchecked processes of the U Visa which lead to years of waiting.

Denial humanitarian parole

Humanitarian asylum

Humanitarian parole meaning

The humanitarian reinstatement

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TN Treaty NAFTA Visas

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

If you are a national of either Canada or Mexico, this visa is available to you. It is a temporary work visa for people who have a Bachelors Degree or the equivalent in work experience. There are numerous types of fields that are eligible for this type of visa. Some examples range from graphic artists, business, medical, teaching and computer fields.

While this visa is valid for only one year, it can easily be renewed. In Canada, this visa does not need prior Immigration and Naturalization approval, and therefore, is quick to obtain.

Nafta visa

TN visa meaning

TN visa application

TN treaty nafta process

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Could I Apply as Third Country Nationals from Puerto Rico?

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Third Country Nationals (Non-Mexicans)

The US Consulate General in Ciudad Juarez ACCEPTS the following types of NIV applications from Third Country National (TCN) applicants:

  • Applicants seeking to renew their C1/D, D, E , F, H (except H-2), I, J, L, M, O, P and R visas, regardless of where the original visa was issued.
  • Certain visa applicants may be subject to additional administrative processing. This administrative processing may last weeks, thus delaying visa delivery and the applicant’s return to the United States. Every effort will be made to expedite these procedures; however, it is not possible to guarantee completion of this process by a particular date.

Who Cannot Apply in Mexico

  • Applications for B1/2 and H-2 visas, including renewals, are not accepted from third country nationals who are not resident in Mexico.
  • Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category.
  • Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
  • Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
  • Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
  • Applicants who obtained their current visa in a country other than that of their legal residence.

Additional Information

If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan  or Iran, you are not eligible to renew your visa in Mexico.

TCN Visa Renewals– Before deciding to apply at a consular section in Mexico, third country nationals should keep in mind that traveling to the country may require the appropriate Mexican visa from a Mexico’s embassy or consulate before making the trip. Potential applicants should be sure they have a visa, if necessary, and are prepared to wait several days in Mexico while their visa is being processed.

Each consulate is different and should be reviewed before leaving to that Country.

Third country national

Third country national meaning

B1 and B2 visas

Political asylum

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Could I Apply for Temporary Visa?

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The E-1 classification is authorized for a national of a country with which the United States has a commercial treaty, who is coming to the U.S. solely to engage in trade of a substantial nature principally between the United States and the alien’s country of nationality. The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items of trade between the U.S. and a treaty country. Title to the trade item must pass from one treaty party to the other.

If the alien is inside the U.S., the I-129 is used to apply for a change of status, extension of stay, or change of employment. This classification does not require a petition for employment if the alien is outside of the U.S. If outside of the U.S., the alien applies for an E-1 visa on his or her own behalf directly to a U.S. consular office abroad.

Application Document Requirements The application must be filed with the appropriate fee payment, and evidence that:

  • The applicant is a national of a country with whom the U.S. has the requisite treaty or agreement;
  • The activity constitutes trade as defined at 214.2(e)(9);
  • The trade is of a substantial nature, i.e. an amount of trade sufficient to ensure a continuous flow of trade items between the U.S. and the treaty country;
  • The trade conducted by the alien is principally trade between the United States and the treaty country of which the alien is a national. Trade is deemed to be principally between the U.S. and treaty country when over 50% of the volume of international trade conducted by the alien treaty trader is between the U.S. and treaty country of which the alien is a national;
  • If the applicant is not the principal trader, that the alien is employed in a supervisory or executive capacity, or possesses special qualifications that make the alien’s services essential to the successful and efficient operation of the enterprise.
  • The applicant intends to depart the U.S. upon the expiration of E-1 status. (However, an application for initial admission, change of status, or extension of stay in E classification may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition.)
  • The employee has the same nationality as the principal alien employer; and
  • The alien employer is an enterprise or organization at least 50% owned by persons having the nationality of the treaty country.
  • E1 visas
  • E1 visa meaning
  • E2 application
  • E2 visa option

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Human Trafficking Summary

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Attorney General John Ashcroft announced that the Department of Justice will issue T visas, created by the Trafficking Victims Protection Act of 2000 (TVPA) to protect women, children and men who are the victims of human trafficking. The T visa will allow victims of severe forms of trafficking in persons to remain in the United States and assist federal authorities in the investigation and prosecution of human trafficking cases. According to U.S. government estimates, 45,000 to 50,000 women and children are trafficked into the United States annually, and are trapped in modern-day slavery-like situations such as forced prostitution.

“One of our greatest challenges is identifying those responsible for these unspeakable crimes,” said Attorney General John Ashcroft. “Today’s announcement gives victims of human trafficking refuge from the deplorable treatment they endure and sends a clear warning to traffickers that this barbaric action is a fundamental violation of human decency that will not be tolerated.”

In March, Attorney General Ashcroft announced that combating human trafficking would be a priority of the Department of Justice. The Department of Justice issued guidance to federal prosecutors describing the new crimes under the TVPA, and the Attorney General urged coordination among the F.B.I., I.N.S., U.S. Attorneys Offices and the Civil Rights and Criminal Divisions of the Department of Justice.

The T visa is specifically designed for certain human trafficking victims who cooperate with law enforcement against those responsible for their enslavement. The statute allows victims to remain in the United States if it is determined that such victims could suffer, “extreme hardship involving unusual and severe harm” if returned to their home countries. After three years in T status, victims of human trafficking may apply for permanent residency. In addition, subject to some limitations, the regulation allows victims to apply for non-immigrant status for their spouses and children. Victims under the age of 21 may apply for non-immigrant status for their parents as well.

“The T visa is a powerful new tool to protect the most vulnerable victims and prevent future trafficking,” said Bureau of Citizenship and Immigration Services Commissioner James Ziglar. “It will help BCIS put the criminals responsible for these horrific acts out of business and behind bars.”

Since the passage of the TVPA, the Department of Justice has encountered many individuals who needed protection from retaliation and continued victimization by people who trafficked them into the United States.

Under the statutes of the TVPA, those convicted of trafficking offenses may receive up to 20 years in prison and, in some instances life sentences. Preexisting servitude statutes carried a maximum sentence of 10 years’ imprisonment. The new statutes created by the TVPA are designed to reach the subtle means of coercion that traffickers often use to bind their victims in service. Such means include the seizure of immigration documents, psychological coercion, and trickery.

Trafficking in persons includes the recruitment or transportation of persons through force, fraud or coercion for the purposes of modern-day slavery or involuntary servitude. Victims of this growing transnational crime problem – predominantly women and children – are trafficked into a wide variety of exploitative settings, ranging from the sex industry to domestic servitude to forced labor on farms and in factories.

Anti trafficking messages

Cocaine trafficking

Combat human trafficking

Victims of of sex trafficking crimes and domestic violence

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S-1 Witness Visas

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Subject to INA § 214(k) an alien may be admitted as an S nonimmigrant: (1) if the Secretary of Homeland Security determines: (a) the alien is in possession of critical reliable information concerning a criminal organization or enterprise; (b) the alien is willing to supply or has supplied such information to federal or state law enforcement authorities or a federal or state court; and/or (c) the alien’s presence in the United States is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise; (2) if the Secretary of State and the Secretary of Homeland Security jointly determine that the alien: (a) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation; (b) is willing to supply or has supplied such information to federal law enforcement authorities or a federal court; (c) will be or has been placed in danger as a result of providing such information; and (d) is eligible to receive a reward under § 36(a) of the State Department Basic Authorities Act of 1956. If the Secretary of Homeland Security (or with respect to clause (2), the Secretary of State and the Secretary of Homeland Security jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (1) or (2) if accompanying or following to join, the alien may receive S classification as well. The number of aliens who may be provided a visa as nonimmigrants under clause (1) above in any fiscal year may not exceed 200. The number of aliens who may be provided a visa as nonimmigrants under clause (2) above in any fiscal year may not exceed 50. The visa classifications for such nonimmigrants are S-5 (certain aliens supplying critical information relating to a criminal organization or enterprise) and S-6 (certain aliens supplying critical information relating to terrorism).[FN6] State Department regulations provide that an alien is classifiable under the provisions of INA § 101(a)(15)(S) if: (1) the consular officer is satisfied that the alien qualifies under the provisions of that section, and (2) the consular officer has received verification from the State Department’s Visa Office that: (a) in the case of INA § 101(a)(15)(S)(i), the U.S. Citizenship and Immigration Services (USCIS) has certified on behalf of the Secretary of Homeland Security that the alien is accorded such classification, or (b) in the case of INA § 101(a)(15)(S)(ii), the Assistant Secretary of State for Consular Affairs on behalf of the Secretary of State, and the USCIS on behalf of the Secretary of Homeland Security, have certified that the alien is accorded such classification, and (3) the alien is granted a waiver under INA § 212(d)(1) [8 USCA § 1182(d)(1)] of any ground of ineligibility under INA § 212(a) that is known at the time of verification. The certification of status under INA § 101(a)(15)(S)(i) by the Secretary of Homeland Security, or of status under INA § 101(a)(15)(S)(ii) by the Secretary of State and the Secretary of Homeland Security acting jointly, does not establish that the alien is eligible to receive a nonimmigrant visa.[FN8] The period of validity of an S-5 or S-6 visa cannot exceed the period indicated in the certification of status and cannot in any case exceed the period of three years.

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S-1 visa

Best Immigration Lawyer

S-1 witness visas

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R-1 Religious Visas

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

This is the temporary religious visa. If you want to come to the United States to perform duties in a religious organization, this would be the visa that would be of most interest to you.

This visa does not need prior Immigration and Naturalization approval, and therefore, is a very quick visa to obtain. Later, you may be able to apply for the permanent residence religious visa to obtain the Green Card. This visa can be issued for up to three years.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.

R-1 visa

R-1 visa meaning

Religious petition

R-1 religious visa from immigration lawyer

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Q-1 Cultural Exchange Visas

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

This visa allows you to come to the United States to exchange your culture with the United States. This can be done in a variety of ways from teaching to performing to other means of exchanging your culture. Many times you may not qualify for other types of visas and this particular visa gives you a viable alternative.

This visa is valid for the time necessary for the cultural program to be completed.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.

The Q-1 visa

International exchange center

Student and exchange visitor program

Q-1 cultural exchange process

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P-1 Entertainment Group

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

If you belong to a music group that has various awards and are well-known, you can come to the United States to perform in various venues.

Also, the essential helpers of the group can come in to the United States to make certain the performances go smoothly. The length of this visa depends on the number of performances. It can be extended if more performances are later booked. Your status can be changed at a later time should it be necessary.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.

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Who qualified for an Extraordinary Ability Alien?

Posted on February 17, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

If you are an extremely talented alien, you may qualify for this visa. If you are a company that regularly searches for the top talent in the world, these persons can come to the United States as an Extraordinary Ability Alien. The usual fields of accomplishment range from various artistic to business to athletic fields.

You can come temporarily for the expected length of time they are needed. You can later apply for the Green Card on the basis that you are an extraordinary ability alien. These persons are highly valued by the United States, and therefore, the visas can be approved very quickly.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.

O-1 visa

Extraordinary ability

Extraordinary ability alien petition process

Can´t get the H-1B? Try the O-1

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