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The U Visa for Victims of Crimes and Criminal Activity

What is a U Visa?
A U Visa is a special nonimmigrant Visa or status. It was established for victims of qualifying criminal activity committed in the United States. This includes Indian Country, military instillations, and the territories and possessions of the United States.

But this is not enough. The victim must also have information about the criminal activity and the victim must have been helpful, is being helpful, or is likely to be helpful to the investigation or prosecution of the criminal activity.

Benefits of a U Visa?
What are the benefits of a U Visa and U Visa status? Well, there are many. The first thing is that the applicant need not be physically present in the United States in order to apply. And if granted the U Visa, it is typically granted for a period of four years, in which case the applicant will also be eligible to work in the United States. They will receive an employment authorization document.
After three years in the status, they may be eligible to apply for a Green Card, and if they have qualified family members, these members may also obtain derivative U Visa status.

U Visa Relief During Immigration Court Removal Proceedings
In addition to these benefits, I would like to briefly discuss two other benefits that are often overlooked. One is for local permanent residents. That is those who already have a Green Card, but find themselves in immigration court in removal proceedings to deport them from the United States. In this case, if they are victims of a crime and meet the other qualifying requirements, they may also apply for a U Visa.

U Visa Video

In addition, non Green Card holders, those who are in the United States illegally and find themselves as respondents in immigration court in removal proceedings, they may also apply for a U Visa, again, if they meet the qualifying requirements.

The point is, if you feel that you may be eligible for a U Visa and you are in immigration court, it’s very, very important that you notify your immigration attorney right away.

Qualifying Criminal Activity
What constitutes qualifying criminal activity? Well, the first thing you need to know is that it can take place at the federal, state, or even the local level. Now, Congress has enumerated a number of criminal activities that qualify. I’ll go through them in turn.

Rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, and any attempt, conspiracy, or solicitation to commit any of these crimes or criminal activities.

Qualified Victim
What constitutes a qualifying victim? The victim must have suffered substantial physical abuse, or the victim must have suffered substantial mental abuse. And as you can appreciate, many times these go hand in hand. There is also what’s known as the nexus requirement, and simply this is that the victim’s suffering must be a result of the underlying, qualifying criminal activity.

Certification Requirement
And finally, there is the certification requirement. A federal, state, or local official investigating or prosecuting the qualifying criminal activity must certify that the victim is being, or will likely be, or has been helpful to the official’s investigation or prosecution.

Perhaps the most common question we get about U Visas is about filing and the documentation requirements for applicants. As you can appreciate, as with most things in immigration, it’s all forms driven. There is a form for filing for U Visa relief, and it is called form I 918. However, be aware that there is a supplement to this form. It’s called form I 918 supplement B.

This supplement should be completed by the prosecuting or investigating agency, and it has to be signed by the authorized agency official. When filing the supplement, it has to be filed concurrently with form I 918. So you file them together.

The applicant must also prepare and file with form I 918 a detailed personal statement. When I say detailed, I mean that it absolutely should include all of the details and facts surrounding the event, how its affected you, and how you’ve assisted in the prosecution or in the investigation of this criminal activity, and how it affects you today. All of the details and facts that would tend to qualify one for U Visa relief should be contained in the personal statement.

Recommended Supplemental Documentation
In addition to the required documents and forms, there are some recommended supplemental documents that I believe you should submit with your application, as well. The first thing that comes to mind are police reports. Typically in these events when there are criminal activities, police reports are filed. If this is the case, you’ll want to be sure to obtain copies and submit them with your application.

• Transcripts and Court Records: If the case is being prosecuted or was prosecuted, you’ll want to obtain records that substantiate this.

• Affidavits of Witnesses: These can be eyewitnesses of the event or even friends or family who may have seen you immediately or shortly after the event who can testify as to, perhaps, injuries that you had or how it’s affected you. Don’t overlook this immportant issue.

  Along that same line, you may want to try to get affidavits from police and prosecutors who you worked with. This would be in addition to the supplement B, and it can be helpful at times if you’re able to obtain it.

• News Articles: If there were news articles about the event and you and what happened, you’ll probably want to have news clippings. Now, if you don’t actually have the news clippings themselves, be aware that most newspapers nowadays have an online source where you can pull up old articles and print them out.

• Photographs: If you do happen to have photographs of yourself immediately after the event, perhaps depicting your injuries, this can be helpful. However, be sure to submit them with an affidavit of authenticity.

• Medical Reports: Typically in these events, someone goes for medical treatment immediately thereafter, or sometimes ongoing. If this is the case, you’ll want to get doctor, hospital, medical reports and submit those with your application as well.

• Psychological Reports: Many times victims are psychologically traumatized and they don’t even fully appreciate this. Sometimes it affects their lives for months, and many times, years later. If you feel this may be your situation, it may be advisable to go to a psychiatrist or psychologist or other mental health professional to obtain an evaluation and a report to substantiate the mental injuries that you may have sustained.

This list here is by no means exhaustive, so if you have other evidence that you feel would support your claim and more, by all means include those as well. And the agency has been liberal in accepting such evidence on an ongoing basis. You’ll want to submit as much as possible with your initial application, but feel free to supplement as you obtain more evidence.

Tom and Peter
The Immigration Guys

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(TPS) Designation Announced

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Yesterday, Department of Homeland Security Secretary Janet Napolitano announced that she was designating Haiti  for Temporary Protected Status (TPS), a move that will make many Haitian nationals  eligible for U.S. immigration benefits.

Eligible Haitian nationals who were in the United States as of January 12, 2010 will be  able to apply for protection and authorization to work.

TPS Status for Haiti and it nationals living in the United States has been tossed about by the government over the past decade but now it is finally a reality.

The recent horrific earthquake forced the world to take a renewed look at the harsh realities of day-to-day life in the impoverished nation.  Granting TPS designation will help lessen the burden for Haiti and is people living in this country.

Full Text of Secretary Napolitano’s Announcement:

“As part of the Department’s ongoing efforts to assist Haiti following Tuesday’s devastating earthquake, I am announcing the designation of Temporary Protected Status (TPS) for Haitian nationals who were in the United States as of January 12, 2010. This is a disaster of historic proportions and this designation will allow eligible Haitian nationals in the United States to continue living and working in our country for the next 18 months. Providing a temporary refuge for Haitian nationals who are currently in the United States and whose personal safety would be endangered by returning to Haiti is part of this Administration’s continuing efforts to support Haiti’s recovery.

“At this moment of tragedy in Haiti it is tempting for people suffering in the aftermath of the earthquake to seek refuge elsewhere. But attempting to leave Haiti now will only bring more hardship to the Haitian people and nation. The international community has rallied to deliver relief to Haiti. Much has already arrived and much more is on its way.  The Haitians are resilient and determined and their role in addressing this crisis in their homeland will be essential to Haiti’s future.

“It is important to note that TPS will apply only to those individuals who were in the United States as of January 12, 2010. Those who attempt to travel to the United States after January 12, 2010 will not be eligible for TPS and will be repatriated.

“The Department of Homeland Security continues to extend sympathy to our Haitian neighbors and support the worldwide relief effort underway in every way we can. Four Coast Guard cutters have arrived in Haiti, in addition to a variety of Coast Guard assets that were already in the area to support military air traffic control, conduct damage assessments and rescue people in need of assistance. The Federal Emergency Management Agency (FEMA) continues to work closely with the U.S. Agency for International Development (USAID) and the State Department—the lead U.S. federal agencies in the response—while coordinating the deployment of state and local Urban Search and Rescue Teams from across the country to Haiti and standing by to provide food, water and other resources as requested. U.S. Customs and Border Protection (CBP) has provided aircraft to support response efforts.

****************end

We would like to thank Secretary Janet Napolitano for her historic and compassionate decision in designating Haiti for TPS.

Tom & Peter

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Just wanted to let you know that Immigration News Radio is back on Air…. Our summer break has come to an end and we will have regular broadcasts and blog posts after Labor Day.

In addition we have decided to  set up a new broadcasting venue with Blog Talk Radio.  We’ll give you all the details next week.

Tom & Peter

“The Immigration Guys”

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