CHAPTER TWENTY-FOUR Useful Reference Resources for U-Visa Petitions Assisting a crime victim can be challenging. The client has often experienced violent or traumatic events during the perpetration of the crime. As you prepare to meet with your client for the first time and during subsequent meetings, please remember you can contact HRI for any client concerns, legal or training information, and case preparation questions. The U Visa was created by the Victims of Trafficking and Violence Prevention Act in October of 2000. Congress created the U Visa to encourage undocumented immigrant victims of certain violent crimes to report the crime to law enforcement and cooperate with the authorities in the prosecution of the case without fear of removal. If the application is approved, the person receives a work permit and temporary residency status for four years. After the third year, if the person can prove he or she has continued to be helpful in the criminal investigation, she can apply to become a permanent resident. USCIS may grant no more than 10,000 U-1 nonimmigrant visas in any given fiscal year this does not apply to derivative family members such as spouses, children or other qualifying family members who are accompanying or following to join the principal foreign national victim. In 2010, USCIS reached the statutory cap for the first time. Once the statutory cap is reached, USCIS continues to accept and process new petitions for U nonimmigrant status and issues a Notice of Conditional Approval to those petitioners who are found eligible but are unable to receive a U visa in fiscal year 2010 because the statutory cap has been reached. Conditional approval will allow the petitioner and qualifying family members to remain in the United States under deferred action and allows the petitioner and qualifying family members to request work authorization by filing Form I-765, Application for Employment Authorization. During the following fiscal year, conditionally approved petitioners on the waiting list will receive a U visa in the order in which the petition was initially filed. Petitioners who have received conditional approval must remain admissible and eligible for U nonimmigrant status while on the waiting list. 1 The following sources are essential reference resources for volunteer attorneys wishing to quickly become familiar with U-Visa relief: 1 USCIS Reaches Milestone: 10,000 U Visas Approved in Fiscal Year 2010: Questions and Answers (July 15, 2010). 24-1 Updated February 2013
24.1 I-918 Petition for U Nonimmigrant Status. Review the I-918 Petition and its instructions which will explain the general requirements for filing. 2 The form can also be accessed at http://www.uscis.gov 24.2 Victims of Trafficking and Violence Prevention Act ( VTVPA ) 3 became law in 2000 and was most recently updated in 2008 4. 24.3 Statutes. The federal statute governing temporary immigration benefits for victims of qualifying crimes INA 101(a)(15)(U). 24.4 Regulations. The regulations governing immigrant status as a victim of a qualifying crime is found at 8 CFR 103, 212, 214, 274a, 299. These regulations went into effect on April 14, 2008. 24.5 Sites online with addition information: American Bar Association, Commission Against Domestic Violence: http://www.abanet.org/domviol/home.html ASISTA: http://www.asistahelp.org/ o ASISTA: U-Visa Relief http://www.asistahelp.org/en/access_the_clearinghouse/u_visa/ Citizenship and Immigration Services, Laws, Regulations, and Guides: http://uscis.gov/graphics/lawsregs/index.htm Immigrant Legal Resource Center: http://www.ilrc.org/resources/u%20visa/ Legal Momentum: http://www.legalmomentum.org/ o Legal Momentum, Immigrant Women Program, Immigration Issues U-Visa Package http://www.legalmomentum.org/site/pageserver?pagename=iwp_16 National Coalition Against Domestic Violence: http://www.ncadv.org/ National Immigration Project 2 See Appendix 23-A for an example I-918 petition. 3 Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, div. A, 1513, 114 Stat. 1464 (Oct. 28, 2000). 4 New Classification for Victims of Criminal Activity; Eligibility for "U" Nonimmigrant Status, Interim Rule, 72 Fed. Reg. 53,014 (Sept. 17, 2007) (codified at 8 C.F.R. pts. 103, 212, 214, 248, 274a, 299), reprinted at 12 Bender's Immigr. Bull. 1366, 1376 (App. A) (Oct. 1, 2007) ( U regulations ). 24-2 Updated February 2013
http://nationalimmigrationproject.org/ Office on Violence Against Women: http://www.usdoj.gov/ovw/ Federal Bureau of Investigation http://www.fbi.gov 24-3 Updated February 2013
CHAPTER TWENTY-FOUR Useful Reference Resources for U-Visa Petitions Index of Appendices Blank copy of I-918 Petition for U Nonimmigrant Status 24-4 Updated February 2013
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