pp cle presentation (u visa) (cvls) 3 2 17.ppt [read-only]

U VisasU VisasU VisasU Visas

© 2017 Law Office of RSB

Presented by Rocio S. Becerril, Esq.

TOPICS WE WILL DISCUSS TODAY

• Overview of the U visa

• Current Trends and Issues

• Questions & Answers


What is the U visa?

• 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?

• 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 are the benefits?

• 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


Who qualifies?

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. § 214.14(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.


Qualifying Crimes© 2017 Law Office of RSB

• Felonious Assault

• Fraud in Foreign Labor Contracting

• Hostage

• Incest

• Involuntary Servitude

• Kidnapping

• Manslaughter

• Abduction

• Abusive Sexual Contact

• Blackmail

• Domestic Violence

• Extortion

• False Imprisonment

• Female Genital Mutilation

Qualifying Crimes

• Stalking

• Torture

• Trafficking

• Witness Tampering

• Unlawful Criminal Restraint

• *Other related crimes

• *Attempt/conspiracy

• Murder

• Obstruction of Justice

• Peonage

• Perjury

• Prostitution

• Rape

• Sexual Assault

• Sexual Exploitation

• Slave Trade


Qualifying Crimes© 2017 Law Office of RSB

• 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. § 214.14(a)(9)

U visa certification

• 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. § 214.14(a)(2)



• 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. § 214.14(a)(5)



• 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. § 214.14(a)(2)


Who is the victim?

Direct Victim

• Those who are proximately harmed by the

criminal activity. See 8 C.F.R. §

214.14(a)(14)

Indirect Victim

• If the criminal activity renders the primary

victim deceased, incompetent or

incapacitated


Derivative applicants

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)


Application Process

• 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

Evidence to establish each eligibility

requirement

• Affidavits

• Police report

• Orders of Protection

• Photos

• Text messages

• Psychological reports


Adjustment of Status

• 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. § 245.24; INA § 245 (m)


Current trends and Issues© 2017 Law Office of RSB

• 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


• 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


• 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


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)

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


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


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


Questions?


Chicago Office Westerns Suburbs

1032 N. Ashland Ave 29W522 Batavia Rd, Suite 2

Chicago, IL 60622 Warrenville, IL 60555

(630) 408-9501 (630) 408-9502

pp cle presentation (u visa) (cvls) 3 2 17.ppt [read-only]

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