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Radiography Of The U Visa For Victims Of Violence

Recipients must prove they are victims of crimes such as murder, rape, torture, sexual exploitation and blackmail, to tampering with a witness, obstruction of justice and illegal / unjustified detention.

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Ten ml quotas for each fiscal year, by order of Congress

The first installment of U-visas is delivered in late 2007, almost eight years after Congress created this immigration benefit for victims of crime and domestic violence.

With this visa undocumented immigrants who can stay and work in the United States on a three-year temporary permit benefit. After that date are entitled to apply for permanent residence.

One of the first beneficiaries of this was the Salvadoran immigrant visa José Suárez, a resident of the Bay Area of ​​San Francisco who was the victim of theft in 2007.

Suarez was severely beaten during an assault in San Mateo, California. His testimony enabled the authorities to capture the assailant who was tried and sentenced.

Suárez received protection for collaborating with the authorities and, in turn, could legalize their stay in the United States.

Four other similar visas were issued by the Department of Homeland Security in the states of New York and Chicago almost simultaneously.

Immigrant women victims of domestic violence and immigrant advocates indicate that visa ‘U’ is a hope for victims of crime. Congress approved a quota of 10,000 for each fiscal year.

What is it?

The ‘U’ nonimmigrant visa was created by Congress in October 2000 to benefit victims of crime and foreigners who want to work with the U.S. authorities in the investigation of these crimes.

The list of crimes involving violations of federal, state or local criminal laws. And they range from murder, rape, torture, sexual exploitation and blackmail, to tampering with a witness, obstruction of justice and illegal / unjustified detention.

After three years, the beneficiary may request the legal permanent residency (green card or green card).

How are the requirements for U nonimmigrant classification There are four requirements that meet satisfy under the regulations: The person must have suffered substantial physical or mental abuse as a result of being a victim of a qualifying criminal activity! The person has information concerning the criminal activity; the person was being useful or helpful in the investigation or prosecution of the crime or the possibility of it to be; and criminal activity must have violated U.S. law or occurred in the United States.

What constitutes a criminal activity? By law, a qualifying criminal activity is defined as involving one or more of a long list of activities that violate federal, state or local criminal laws, ranging from murder, rape, torture , sexual exploitation and blackmail, to tampering with a witness, obstruction of justice, illegal / unjustified detention, etc.. This list is not exclusive; in fact, the list of qualifying crimes represents a wide range of types of behavior that may constitute crimes of domestic violence, sexual abuse, trafficking in persons and others of which are often subject vulnerable immigrants.

Required Steps

What are the procedures for requesting U nonimmigrant classification? Los foreign crime victims must file a petition for classification ‘U’ nonimmigrant (Petition for Nonimmigrant Status U / Form I-918). The form asks for information to determine whether the applicant qualifies for such classification, and information about their ability to be admitted to the United States. The assigned USCIS Vermont Service Center as current headquarters for all requests for U nonimmigrant classification. Such centralization will allow USCIS Officers develop expertise to handle requests for classification.

Anyone overseas can say he was the victim of a crime and ask for this special classification No. The foreign victim must file a petition for state ‘U’ nonimmigrant and be certified as a “helper” of an agency authorized to grant it. That means that the victim must provide a certification for U Nonimmigrant Status (U Nonimmigrant Status Certification (Form I-918, Supplement B) Part of a federal, state or local law enforcement to show that the applicant “has helped officer is helping or has the potential to help “in the investigation or prosecution of criminal activity. Moreover, the certification must be signed by the head of such agency or by an assigned supervisor with the authority to issue certificates on behalf of that agency.

How are “authorized agencies” determined to give certifications? Agencies authorized to issue certifications include federal, state or local law enforcement agencies, a solicitor or judge, or, any other authority in charge of the investigation or prosecution of the criminal activity. The rule also includes other agencies such as child protection, the Equal Employment Opportunity and the Department of Labor, since they have jurisdiction to investigate crimes within their respective areas of expertise.

What makes this nonimmigrant classification is different from others, such as the state ‘T’ Immigrant? Other classifications of nonimmigrant visa such as ‘T’, require that an alien is physically present in the United States as a condition for qualify. The USCIS determined that the regulatory framework for U nonimmigrant status allows foreign victims of crime qualified requesting such classification within or outside the United States.

Can apply for U nonimmigrant classification of the applicant family Even when family members accompanying the applicant can obtain the classification of “U” nonimmigrant under certain circumstances?; they cannot submit an application on their own. The principal applicant (victim abroad) must file the petition on behalf of family members who qualify. If the principal applicant is under 21 years of age, eligible family members include spouse, children, unmarried siblings under 18 and parents of the applicant. If the applicant is 21 years of age or older, qualified family members include your spouse and children. For a family for immigration status “U” nonimmigrant status, it must: Be a qualified family (as described above) and Power being admitted to the United States.

The principal applicant may submit Form I-918, Supplement A, on behalf of eligible families.

Is there a limit U Nonimmigrant Visas issued, the agency that can approve? USCIS may grant the status of ‘U’ nonimmigrant to no more than 10 thousand foreign key in any fiscal year (1 October to 30 to September, or next). However, the limit does not apply to spouses, children, parents and unmarried siblings who will accompany the victim or will continue to meet with him (or her). If the limit is reached in a tax year before awarding all requests, USCIS will create a waiting list with which the agency believes will create a stable mechanism through which they can stabilize their immigration status victims who are cooperating with agencies public order. In addition, deferred action is granted to applicants assigned to the waiting list, (which means they can apply for permission to work or travel) until they can be awarded their requests to begin the next fiscal year.

How long can a person keep the “U” Nonimmigrant Classification The classification ‘U’ nonimmigrant may not exceed four years?; extensions are permitted if certified by an agency approved for this purpose is presented, which indicate that the presence of the alien in the United States is required to assist in the investigation or prosecution of qualifying criminal activity.

Road to the residence

Can you eventually apply for permanent resident status a person who has been rated ‘U’ nonimmigrant? Yes Such a person must have been continuously physically present in the United States for a period of at least three years from the date of admission as a nonimmigrant ‘U’; and the agency must determine that the continued presence of such person in the country is justified on humanitarian grounds to ensure there is a unified, or family, whether this is the best for the public interest.

Is there a deadline for submitting requests for the “U” Nonimmigrant No. However, USCIS encourages applicants who have already received interim relief (see next answer for an explanation of “interim relief”) to submit Form I-918 within six months from the date of entry into force of this rule. Simply after that date, the provisional amparo process and will have no effect and the agency will not take into account the initial applications of the same. However, if an applicant duly submitted a Form I-918 and the agency has not yet rendered a decision, the interim relief will be extended until USCIS adjudicate the petition.

Are there fees on this new classification? This program is about the welfare of some applicants and petitioners and USCIS’s decision to cancel the application fee reflects the humanitarian purpose of the statute. Therefore, no fee will be charged for filing Form I-918 or the derivative “U” nonimmigrant status for eligible families. However, applicants must pay the other installments of biometric services each person aged 14 to 79 years to be included in each request. Current biometric services fee is $80 per person. Applicants who cannot afford the biometric services fee may submit a request for waiver of the same. (Courtesy by usa news).

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