TOPICS WE WILL DISCUSS TODAY
• Overview of the U visa
• Current Trends and Issues
• Questions & Answers
© 2017 Law Office of RSB
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
© 2017 Law Office of RSB
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
© 2017 Law Office of RSB
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
© 2017 Law Office of RSB
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.
© 2017 Law Office of RSB
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
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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)
© 2017 Law Office of RSB
U visa certification
• 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)
© 2017 Law Office of RSB
U visa certification
• 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)
© 2017 Law Office of RSB
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
© 2017 Law Office of RSB
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)
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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*
© 2017 Law Office of RSB
Application Process
Evidence to establish each eligibility
requirement
• Affidavits
• Police report
• Orders of Protection
• Photos
• Text messages
• Psychological reports
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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)
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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
Current trends and Issues© 2017 Law Office of RSB
• 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© 2017 Law Office of RSB
• 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© 2017 Law Office of RSB
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
© 2017 Law Office of RSB
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
© 2017 Law Office of RSB
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
© 2017 Law Office of RSB