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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.

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

I was raped. Now can I get a visa?

I am a victim of crime. Can I get a Visa?

Question: I was raped years ago. I heard there is some type of visa. Can I get this visa?

Answer: You may be eligible for a U nonimmigrant visa. If You are the victim of qualifying criminal activity. You have to have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.You must have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf. You had to be helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.

Question: Where must the crime have occurred?

Answer: The crime had to occur in the United States or violated U.S. Laws.

Question: Must I have been admissible to the U.S.?

Answer: Yes, You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant. Many more types of Waivers are applicable to a U Visa applicant than with other types of visas.

Question: What types of crimes qualify for the U Visa?

Answer: Qualifying Criminal Activities are: Abduction, Abusive Sexual Content, Blackmail, Domestic Violence,Extortion, False Imprisonment, Female Genital Mutilation, Felonious Assault, Hostage, Incest, Involuntary Servitude, Kidnapping, Manslaughter, Murder, Obstruction of Justice, Peonage, Perjury, Prostitution, Rape, Sexual Assault, Sexual Exploitation, Slave Trade, Torture, Trafficking, Witness Tampering, Unlawful Criminal Restraint and Other Related Crimes.

Even if the particular crime the person was convicted of is not under these items, it is likely that the perpetrator of the crime committed one or more of the above items with you as the victim.

Question: What form is used?

Answer: Form I-918, Petition for U Nonimmigrant Status.

Question: Can I petition for a family member?

Answer: Certain qualifying family members are eligible for a derivative U visa. You may petition on behalf of your spouse, children, parents and unmarried siblings under age 18.

To petition for a qualified family member, you must file a Form I-918, Supplement A, Petition for Immediate Family Member of U-1 Recipient, at the same time as your application or at a later time.

The U Visa – Part II

The U Visa – Victim of Crime – Part 2

 

Question: If I come forward and try to apply for the U Visa, can ICE deport me?

 

Answer: ICE may not rely solely on information obtained from the perpetrators of the crime against the respondent to initiate removal proceedings and must place a certificate on the NTA indicating that it has complied with 8 U.S.C. §1367.

 

Question: If I’m already in Removal Proceedings, can I still go forward with the U Visa?

 

Answer: A person who may be prima facie eligible for a U visa can seek a joint motion with DHS to continue, stay, or terminate proceedings, to allow for the adjudication of U status.

 

Question: Can I request a Stay of deportation if I already have a deportation order?

 

Answer: A stay of a final order of removal may be granted by DHS when a person files a prima facie U status/visa request. A stay should be favorably considered when the applicant has established prima facie eligibility for a U visa and/or when there are favorable humanitarian factors related to the applicant or his or her close relatives who rely on the applicant for support.

 

Question: Can a Stay of deportation be denied?

 

Answer: A stay is not appropriate where: (1) the applicant is not prima facie eligible; (2) the petition for the U-visa has been denied; or (3) there are serious adverse factors weighing against a stay including (a) national security concerns; (b) evidence that applicant is a human rights violator; (c) evidence that applicant has engaged in significant immigration fraud; (d) applicant has a significant criminal history; and (e) any significant public safety concerns.

 

Question: Are there Waivers of inadmissibility for the U Visa?

 

Answer: All grounds of inadmissibility are waivable by DHS if in the “public or national interest.” However, Inadmissibility is not waived for Nazis, participants in genocide, or persons who committed, ordered, incited, assisted or otherwise participated in torture or extrajudicial killings. If you are inadmissible on criminal or related grounds, USCIS will consider the number and severity of the offenses. In cases involving violent or dangerous crimes or inadmissibility based on security or related grounds, USCIS will only exercise discretion in “extraordinary circumstances.”

 

Question: If the Waiver is denied, can I appeal?

 

Answer: There is no appeal from the denial of the waiver.

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