Articles Posted in U visa

by

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick brings you a brand-new update available on our YouTube channel, discussing a new policy that will allow U visa victims of criminal activity to apply for employment authorization with the United States Citizenship and Immigration Services (USCIS), and receive deferred action protecting them from removal from the United States while their applications are pending with USCIS.

Keep on watching for all the details.

Overview

What is the U visa?

The U visa is a special nonimmigrant visa classification specifically created by U.S. Congress for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The purpose of the U visa is to protect certain victims of crimes while at the same time ensuring that perpetrators of certain crimes are brought to justice.

In general, to qualify for a U visa, you must:

  • Have been the victim of a qualifying criminal activity (such as extortion, felonious assault, rape, sexual assault, domestic violence, sexual exploitation, stalking, torture, and other types of crimes.)
  • Have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
  • 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
  • Have been 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.
  • The crime must have occurred in the United States or violated U.S. laws.
  • Be admissible to the United States. Those who are not admissible, may be eligible to apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

Continue reading

by

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick hosts a live immigration broadcast on our YouTube channel, discussing brand new developments in the world of immigration, including new updates recently discussed at the American Immigration Lawyers Association (AILA) conference that took place last week, and brand new policy changes at the United States Citizenship and Immigration Services (USCIS).

Keep on watching to find out more.

Overview

Updates from the AILA Conference

Today, the United States Citizenship and Immigration Services (USCIS) announced that effective today, applicants with pending U visa applications, or those who are getting ready to file new U visa applications, are eligible to apply for employment authorization by filing Form I-765 Application for Employment Authorization and can receive “deferred action” status meaning that they will not be prioritized for removal from the United States.

For those who are not familiar with the U visa program, the U visa is a special immigrant status given to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Among those eligible are certain victims of abduction, domestic violence, sexual assault, trafficking of noncitizens, rape, prostitution, and other crimes, who are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The U visa eventually allows the victim to attain lawful permanent residence in the United States (also known as the green card).

Previously U visa beneficiaries were not entitled to employment authorization, making their lives extremely difficult considering that it is currently taking over 5 years to process the U visa application.

With this new policy change, those who have filed a U visa application that has been pending with USCIS, will be eligible to apply for employment authorization as of today, as well as new applicants.

Continue reading