U Visas. Presented by Rocio S. Becerril, Esq Law Office of RSB

Transcription

1 U Visas Presented by Rocio S. Becerril, Esq.

2 TOPICS WE WILL DISCUSS TODAY Overview of the U visa Current Trends and Issues Questions & Answers

3 The U visa was created through the Victims of Trafficking and Violence Protection Act in October of 2000 The U visa was created to strengthen the ability of law enforcement agencies to investigate & prosecute certain crimes What is the U visa?

4 The U Visa was created to protect victims of crimes who have suffered substantial mental or physical abuse due to the crime The U Visa also helps law enforcement agencies to better serve victims of crimes Only USCIS has the authority to grant or deny this benefit What is the U visa?

5 Lawful status for up to 4 years Eligibility to apply to lawful permanent resident (LPR) status after 3 years Employment authorization (social security number & driver s license) Derivative visas for qualifying family members What are the benefits?

6 To qualify, an applicant must prove that he/she: 1. Was the victim of a qualifying crime; 2. Possesses information regarding the crime committed; 3. Has been, is being, or is likely to be helpful in the investigation or prosecution of that crime;* and 4. Has suffered substantial mental or physical abuse. See INA 101(a)(U) *8 C.F.R (a)(5) defines investigation or prosecution of a qualifying crime or criminal activity as referring to the detection or investigation of a qualifying crime or criminal activity, as well as to the prosecution, conviction or sentencing of the perpetrator of the qualifying crime or criminal activity. Id. Who qualifies?

7 Abduction Abusive Sexual Contact Blackmail Domestic Violence Extortion False Imprisonment Female Genital Mutilation Felonious Assault Fraud in Foreign Labor Contracting Hostage Incest Involuntary Servitude Kidnapping Manslaughter Qualifying Crimes

8 Murder Obstruction of Justice Peonage Perjury Prostitution Rape Sexual Assault Sexual Exploitation Slave Trade Qualifying Crimes Stalking Torture Trafficking Witness Tampering Unlawful Criminal Restraint *Other related crimes *Attempt/conspiracy

9 This list is not an exclusive list and USCIS will consider substantially similar criminal activity to fall within the activity covered. See 8 C.F.R (a)(9) Qualifying Crimes

10 Applicant needs to obtain a certification from an investigative agency (DOL, FBI, U.S. Attorney s Office, EEOC, NLRB, etc.) This certification is obtained on Form I-918, Supplement B See 8 C.F.R (a)(2) U visa certification

11 The requirement that an applicant has been helpful, is being helpful or is likely to be helpful includes, past, present and future helpfulness. See 8 C.F.R (a)(5) U visa certification

12 A certifying agency is under no legal obligation to complete the certification However, without a certification, an applicant will be ineligible for a U visa See 8 C.F.R (a)(2) U visa certification

13 Direct Victim Those who are proximately harmed by the criminal activity. See 8 C.F.R (a)(14) Indirect Victim If the criminal activity renders the primary victim deceased, incompetent or incapacitated Who is the victim?

14 U visas are also available for family members If the victim is under 21 years old Parents, children, spouse and siblings who are under 18 years old If the victim is over 21 years old Spouse & children See INA 101(a)(15)(U)(ii) Derivative applicants

15 Form, I-918, Petition for U Nonimmigrant Status Form, I-918, Supplement A (qualifying relative) Form, I-918, Supplement (Certification) Form, I-765, Application for Employment Authorization* (not required for principal applicant but derivative applicants) Form, I-192, Application for Advance Permission to Enter as a Nonimmigrant* (I-192 is used to request a waiver if any inadmissibility issues are present) Form, I-912, Request for Fee Waiver* Application Process

16 Evidence to establish each eligibility requirement Affidavits Police report Orders of Protection Photos Text messages Psychological reports Application Process

17 An applicant with U visa status may adjust status to that of a permanent resident after three years of continuous presence in the United States See 8 C.F.R ; INA 245 (m) Adjustment of Status

18 The limit on the number of U Visas that may be granted each fiscal year is 10,000* As of September 2016, there were 150,000 pending cases USCIS indicated they are currently working on applications for FY 2019 *The U visa cap is against the principal only. The derivatives are not counted in the annual cap of 10,000 Current trends and Issues

19 Current trends and issues

20 If the cap is reached, USCIS will create a waiting list Petitioners placed on the waiting list will be granted deferred action or parole and are eligible for work authorization Current trends and Issues

21 As of March 17, 2015, VSC started issuing two-year work permits under 8 C.F.R. 274a.12(c)(14) *Information shared by the Vermont Service Center staff at the Freedom Network Conference on September 18, 2015 Current trends and Issues

22 Principal applicant One I-765 based on (c)(14) (deferred action) as an EAD is automatically sent under (a)(19) (when U visa becomes available) U visa derivatives Two I-765 applications, one based on (c)(14) and one based on (a) (20) (when U visa becomes available) Current trends and Issues

23 Frequently Asked Questions How long is the process? From July to September 2016 there were 16,596 applications submitted VCS is processing applications from August 8, 2014* *Update from NSC stakeholder teleconference from February 9, 2017

24 Frequently Asked Questions What happens if I have been arrested or violated immigration laws? You must file form I-192, Application for Advance Permission to Enter as a Nonimmigrant, to request a waiver What happens if my aggressor is never located? If you were helpful, are helpful, or are likely to be helpful then you qualify

25 Frequently Asked Questions Special note to those who have been a victim of domestic abuse The U Visa can be a great alternative if you have been a victim of domestic abuse but do no qualify for VAWA because the aggressor is not a legal permanent resident or a U.S. citizen

26 Questions? Chicago Office 1032 N. Ashland Ave Chicago, IL (630) Westerns Suburbs 29W522 Batavia Rd, Suite 2 Warrenville, IL (630)