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U Visa granted for person with Removal Order

Visa approved for Client whose marriage visa was denied at the U.S. consulate, who then reentered the U.S. unlawfully and was ordered removed from the country.  After all appeals were denied, Client applied for a U visa and several stays of removal.  Client can now remain in this country with his children and become a lawful permanent resident in 3 years.

A Visa Program That Protected Domestic Violence Victims Is Now Putting Them at Risk of Deportation

USCIS’s new NTA policy and new restrictions on when immigration judges can issue continuances have made applying for a U visa a much riskier endeavor for undocumented crime victims, leading immigration attorneys to discourage them from applying in certain circumstances. Around 75% of those granted U visas are sexual assault, domestic violence, and human trafficking victims

Court Vacates BIA Ruling That IJ Was Without Authority to Grant a Waiver of Inadmissibility

The Eleventh Circuit granted the petition for review and found the BIA erred in concluding that immigration judges (IJs) cannot have concurrent jurisdiction over a waiver of inadmissibility for U visa applicants, stating the BIA did not address or analyze the plain meaning of INA §212(d)(3).

USCIS Hits U Visa Cap for Seventh Straight Fiscal Year

USCIS approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status for FY2016. This marks the seventh straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2009. For eligible petitioners who cannot be granted a U-1 visa solely because of the cap, USCIS will send a letter notifying them that they are on a waiting list. USCIS will resume issuing U visas on October 1, 2016.

Are you a victim of Crime? Get the U Visa


U Visa Immigration Lawyer

A U Visa Immigration Lawyer  can properly prepare the necessary paperwork  and petition if you qualify for a U Visa. This is a visa that is given to victims of certain crimes. It is unfortunate if you are such a victim. However, U Visa Immigration Lawyer states that if you are such a victim, the law permits you to apply for legal status in the U.S. Therefore, what are the crimes that one can be a victim of and apply for the U Visa.

A U Visa Immigration Lawyer that the following crimes will qualify: 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.

A U Visa Immigration Lawyer states that it does not even need to be one of those exact crimes. The U Visa Immigration Lawyer explains that it can be ‘related’ to one of those crimes. Therefore, even if you have not been subject to the exact crime, it is still possible to apply for the U Visa. One of the most difficult parts of applying for the U Visa is getting the necessary certification from a government official. Without this certification, it would not be possible to apply for the U Visa. Essentially, the U Visa Immigration Lawyer, explains that the certification basically explains that you were in fact a victim of the crime, that you assisted and cooperated with the government in regards to this crime and that you will continue to help should it be necessary. Therefore, the U Visa Immigration Lawyer explains that if you did not make a police report and did not help the officers or detectives with the information needed for them to prosecute the person who committed the crime, it will be very difficult to obtain the U Visa. Thus, the U Visa Immigration Lawyer suggests that if you have in fact made a police report and are a victim of crime of one of the enumerated items above, you should consider applying for the U Visa.

The U Visa Immigration Lawyer states that the U Visa is actually a temporary visa for 3 years. However, if you get the temporary U Visa for 3 years, you can them apply for permanent residency. The U Visa allows a wide range of Waivers to be applied for concurrently with the U Visa. A U Visa Immigration Lawyer, explains that unlike many other types of visas that do not permit Waivers, or the Waivers are much more difficult to obtain, the U Visa has more of a relaxed standard for granting the Waivers and allows practically anything to be Waived. For example, the Long Beach immigration lawyer states that you can waive former deportation orders, multiple illegal re-entries, aggravated felonies as well as other crimes and even claiming to be a U.S. Citizenship. There are cases where you might qualify for other forms of relief (adjustment through marriage for example), but you might not be able to get items waived. In that case, the U Visa (if you qualify) would be the better option.


The U Visa Immigration Lawyergoes on to explain that In addition to the ability to waive items that are not possible in other areas of immigration law, there is a large net of derivatives that can get U derivative visas if you obtain your visa. Again, the U Visa Immigration Lawyer, explains that the reach and qualification of the derivative beneficiaries is considerably larger than with a normal petition. This is another angle that must be looked at. Thus, even if there are hardly any Waivers that might be necessary, if you have a derivative beneficiary that would otherwise not qualify, then it would also be a good idea to apply for the U Visa in order to get those derivative beneficiaries a chance at becoming legal and getting permanent residency. A U Visa Immigration Lawyer explains that he actually had a case whereby the victim of rape was not the one applying for the U Visa, but rather, the relative of the person whom saw the incident. She was granted the U Visa even though not a direct victim. Thus, the U Visa Immigration Lawyer shows how it is possible to get the U even though you don’t directly fit under one of the categories of eligible crimes.


The U Visa Immigration Lawyer explains you must also show that being a victim of the crime has caused you emotional hardship. Thus, U Visa Immigration Lawyer always refers you to a psychologist in order to get an evaluation and report of the emotional damage that you have suffered as a result of being a victim of crime. Thus, when in need of a U Visa, be sure that you have an experienced U Visa Immigration Lawyer to help you.

Another Win for Law Offices of Brian D. Lerner on U Visa

U visa certified by the Long Beach City’s Prosecutor for client who was a victim of domestic violence  in 2002.

New York Times: California Advances Bill to Help Immigrant Crime Victims Gain Visas

The New York Times reports on a U visa bill that would require California law enforcement to verify within 90 days cooperation with law enforcement by undocumented immigrants who are victims of violent crime. If passed, California would be the first state to mandate that law enforcement sign U visa certifications in a particular timeframe.

Victim of crime, domestic violence or trafficking? Get the U, T or VAWA Petition.

I am a victim of Violence. What can I do?

Question: I have been a victim of crime and also my friend was basically a slave for her employer. What can we do?

Answer: There are different types of visas for these matters. Basically, the U, T and VAWA petitions. In March 2013 Congress enacted several changes to
the William Wilberforce Violence Against Women Act (VAWA) &
Trafficking Victims Protection Reauthorization Act of 2008(TVPRA)
that affect T and U visa eligibility. T visas are designed for
victims of trafficking in persons, which includes sex trafficking or
labor trafficking. U visas are for victims of certain qualifying
crimes, such as domestic violence and sexual assault, and the victim
must have suffered substantial physical or mental abuse as a result
of the crime. To qualify for the U visa, the victim of a qualifying
crime generally must provide assistance to law enforcement. To
qualify for the T visa, a victim is required to cooperate with
reasonable requests from law enforcement related to their
victimization, with limited exceptions. In addition, the
trafficking or crime must have violated the laws of the United
States or occurred in the United States including its territories
and possessions. For T visas, the victim must be physically present
in the United States on account of the trafficking.

In fact, the Visas have been around for some time, except there are new regulations making it easier to obtain for derivatives and some other matters.

Question: What changes were made?

Answer: Unmarried children for whom the
principal applicant has filed a petition before the child turned 21
remain eligible for the visa after they turn 21. The age of the
unmarried child is established and set when the principal applicant
files the U petition with U.S. Citizenship and Immigration Services
(USCIS). The law previously did not allow unmarried children of
U visa holders to remain eligible for the visa after they turned 21,
even if they had filed the petition before they turned 21 and had
waited several years to get their visa. In addition, unmarried
children who are the principal applicants now receive age-out
protection in terms of their parents and unmarried siblings under
age 18 being able to qualify as derivative family members. T visas
already afforded age-out protection for children over 21; the law
was changed to mirror T visas in this respect.

Question: What happens if I know somebody who had a case like this, but did his kid already aged out?

Answer: The age-out protection is retroactive. This
means that any principal applicant who filed a U visa petition
before the derivative family member turned 21, and the derivative
family member is now older than 21 and was denied the visa because
he or she had aged out, is now eligible for a visa. The age-out protection for derivative children does not, however, change the requirement that the beneficiary
remain unmarried to be eligible for this visa. If the beneficiary marries before the visa is issued, they will no longer be eligible.

Question: Are there any other changes?Answer: U visa applicants are no longer subject to
the public charge ground of inadmissibility, INA 212(a)(4).
Consequently, applicants are no longer required to submit Affidavits
of Support (I-864). Because public charge is no longer a basis for
inadmissibility, USCIS will no longer apply this inadmissibility.
Therefore, Department of Homeland Security (DHS) will not need to
issue waivers on the Application for Advance Permission to Enter as
a Nonimmigrant (I-192) on this inadmissibility ground.

T-derivative status has been expanded to include certain adult or minor children of a T-visa
derivative (T-2, T-3, T-4, T-5). These derivatives are the
grandchild (ren), stepchild(ren), niece(s) or nephew(s), and the
sibling(s) of the principal applicant. For the children of a
derivative to qualify for T-derivative status, the child (adult or
minor) must “face a present danger of retaliation as a result of the
alien principal’s escape from the severe form of trafficking or
cooperation with law enforcement.” USCIS will determine what this
means in the context of petition adjudication. Consular officers
will not re-examine the basis for this determination and visa
eligibility, but will issue visas in this new category once USCIS
establishes it. USCIS anticipates this category will be “T-6.”

Question: What about changes to VAWA?

Answer: These applicants are no longer subject to
the public charge inadmissibility, INA 212(a)(4). Consequently,
applicants are no longer required to submit Affidavits of Support
(I-864). Because public charge is no longer a basis for
inadmissibility, USCIS will no longer apply this ineligibility.
Therefore, DHS will not need to issue waivers on these grounds.

Victim of Crime? Sex Trafficking Victim? Domestic Violence Victim? Get a T, U or VAWA Visa

Recent Wins for Law Offices of Brian D. Lerner

U Visa granted for person with crime over 12 years old and officer that did not want to sign the certification
Criminal Relief granted and crime vacated and dismissed. Now he can apply for his Green Card.

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