The U nonimmigrant status is a nonimmigrant (temporary) status that allows non-citizen victims of crime to stay in the United States, obtain employment authorization, apply for lawful permanent resident status, and help certain family members obtain immigration status as well. It was created by the Victims of Trafficking and Violence Prevention Act (hereinafter “VTVPA 2000”), 2 enacted in October 2000. It was later amended by the Violence Against Women and Department of Justice Reauthorization Act of 2005 (hereinafter referred to as “VAWA 2005”), enacted in January 2006; the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (hereinafter referred to as “TVPRA 2008”), 4 enacted in December 2008; and the Violence Against Women Reauthorization Act of 2013 (hereinafter referred to as “VAWA 2013”), combined with the Trafficking Victims Protection Reauthorization Act (TVPRA), signed into law on March 7, 2013. Although U nonimmigrant status and its unique adjustment provisions have been implemented through interim regulations, much of the procedure is still being worked out in USCIS policy guidance memoranda, and some of those memoranda are still pending and forthcoming.
Author(s): Sally Kinoshita, Susan Bowyer, Jessica Farb, Alison Kamhi, Catherine Seitz
Edition: 5
Publisher: Immigrant Legal Resource Center
Year: 2016
Language: English
Pages: 1121
City: San Francisco
Tags: law, u visa, abuse, immigrants, immigration, relief, deportation, removal, trafficking, u.s. law, u.s. immigration, american law, victim of crime, crime
Acknowledgements
Author Biographies
Table of Contents
Chapter 1: Introduction
§ 1.1 Overview of Benefits and Eligibility for U Nonimmigrant Status
§ 1.2 How to Use This Manual
§ 1.3 Contents of This Manual
§ 1.4 Resources
Chapter 2: U Nonimmigrant Status Eligibility
§ 2.1 U Nonimmigrant Status Eligibility Requirements
§ 2.2 Victim of a Criminal Activity Listed in the Statute
§ 2.3 Victim Definitions
§ 2.4 Suffered Substantial Physical or Mental Abuse
§ 2.5 Helpful, Has Been Helpful, or Is Likely to Be Helpful in the Criminal Investigation or Prosecution
§ 2.6 The Victim’s Helpfulness Must Be Certified by a Government Agency with Authority to Detect, Investigate, or Prosecute the Qualifying Criminal Activity
§ 2.7 Victim of a Criminal Activity That Violated the Laws of the United States or Occurred in the United States
§ 2.8 Admissible to the United States
Chapter 3: U Nonimmigrant Status Process
§ 3.1 Overview
§ 3.2 Screening for Eligibility
§ 3.3 The I-918 Application Form
§ 3.4 Completing Form I-918
§ 3.5 Filing Fees
§ 3.6 Filing Fee Waiver Requests
§ 3.7 The Law Enforcement Certification Form: Form I-918Supplement B
§ 3.8 Working with Law Enforcement to Request and Complete the FormI-918 Supplement B
§ 3.9 Additional Documentation Regarding Victim Helpfulness
§ 3.10 Victim’s Statement
§ 3.11 Documentation of Substantial Physical or Mental Abuse
§ 3.12 Identification Documentation
§ 3.13 Accompanying Immigration Application Forms
§ 3.14 Assembling and Submitting a U Nonimmigrant Status Application
§ 3.15 Notices from USCIS
§ 3.16 Requests for More Evidence (RFEs)
§ 3.17 The U Visa Waitlist, Deferred Action and Employment Authorization
§ 3.18 Approvals
§ 3.19 Denials
§ 3.20 Duration and Extension of Status
§ 3.21 Revocation of U Nonimmigrant Status
§ 3.22 Public Benefits and Other Benefits
Chapter 4: Inadmissibility Grounds & I-192 Waiver
§ 4.1 Overview of Inadmissibility and Waivers
§ 4.2 Common Grounds of Inadmissibility
§ 4.3 Identifying an Applicant’s Grounds of Inadmissibility to be Waived
§ 4.4 Addressing Inadmissibility on the Form I-918
§ 4.5 Filling Out Form I-192
§ 4.6 Documenting Why the Applicant Merits a Waiver
§ 4.7 Filing Fees and Fee Waivers
§ 4.8 Requests for Evidence (RFEs)
§ 4.9 I-192 Denials and Resubmissions
§ 4.10 Inadmissibility Factors Discovered or Triggered after Filing the I-192
§ 4.11 Whether a Granted I-192 Waives the Inadmissibility Grounds for Other Purposes
Chapter 5: Adjustment of Status Eligibility
§ 5.1 Overview of Eligibility Requirements for U Adjustments
§ 5.2 Granted U Nonimmigrant Status and Continue to Hold U Nonimmigrant Status
§ 5.3 Continuous Physical Presence for Three Years in U Nonimmigrant Status
§ 5.4 Inadmissibility and Discretionary Issues
§ 5.5 Has Not Unreasonably Refused to Provide Assistance in Investigation or Prosecution
§ 5.6 Presence in the United States Is Justified on Humanitarian Grounds, to Ensure Family Unity, or Is in the Public Interest
Chapter 6: Adjustment of Status Process
§ 6.1 Documentation Requirements for U Adjustment
§ 6.2 Forms I-485 and G-325
§ 6.3 Biometrics
§ 6.4 Filing Fees and Fee Waivers
§ 6.5 Passport
§ 6.6 Medical Exam
§ 6.7 Proving Three Years Continuous Physical Presence
§ 6.8 Proving an Applicant Has Not Unreasonably Refused to Assist in Investigation or Prosecution
§ 6.9 Inadmissibility
§ 6.10 Evidence That Discretionary Approval Is Warranted
§ 6.11 Approvals and Denials
§ 6.12 Applicants with Removal Issues
Chapter 7: Assisting Family Members
§ 7.1 Overview of Options for Assisting Family Members
§ 7.2 Family Member Definitions under Immigration Law
§ 7.3 Assisting Derivative Family Members at the U Nonimmigrant Status Stage
§ 7.4 U Nonimmigrant Application Procedure for Derivative Family Members
§ 7.5 Adjustment Procedure for U Nonimmigrant Derivative Family Members
§ 7.6 Assisting Qualifying Family Members at the Time of the Principal U Nonimmigrant’s Adjustment of Status
§ 7.7 Adjustment Procedure for Qualifying Family Members
§ 7.8 Petitioning Requirements for Qualifying Family Members
§ 7.9 Proving the Qualifying Family Relationship
§ 7.10 Documenting Extreme Hardship
§ 7.11 Adjustment of Status
Chapter 8: Removal Issues
§ 8.1 Applicants Who Are Currently in Removal Proceedings
§ 8.2 Applicants with Prior Removal, Deportation, or Exclusion Orders
§ 8.3 Stays of Removal
§ 8.4 Motions to Reopen with Stays of Removal
§ 8.5 Bases for Motions to Reopen with EOIR
§ 8.6 Time Limits on Motions to Reopen
§ 8.7 Filing Fees and Fee Waivers
§ 8.8 Documentary Requirements for Motions to Reopen and Stays
§ 8.9 Supporting Evidence
§ 8.10 Seeking U Nonimmigrant Status as a Defense from Removal for LPRs
Chapter 9: U Travel Issues
§ 9.1 Initial Applications for Applicants Abroad
§ 9.2 Fingerprints for Applicants Abroad
§ 9.3 Passports for Applicants Abroad
§ 9.4 Travel before Approval Notice Issued
§ 9.5 Approval Notice for Applicants Abroad
§ 9.6 Decision to Travel
§ 9.7 Consular Processing: Including New Inadmissibility Application
§ 9.8 Border Entry with CBP
§ 9.9 Entering the United States
§ 9.10 Immigrant Visa Process for I-929 Applicants Abroad
§ 9.11 Humanitarian Parole for Other Family Members
§ 9.12 Parole for Adjustment of Status Applicants
§ 9.13 Parole for Conditionally Approved Applicants on the Waitlist
§ 9.14 Parole for U Nonimmigrants
Appendix
Index of Appendices
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K
Appendix L
Appendix M
Appendix N
Appendix O
Appendix P
Appendix Q
Appendix R
Appendix S
Appendix T
Appendix U
Appendix V
Appendix W
Appendix X
Appendix Y
Appendix Z
Appendix AA
Appendix BB
Appendix CC
Appendix DD
Appendix EE
Appendix FF
Appendix GG
Appendix HH
Appendix II
Appendix JJ
Appendix KK
Appendix LL
Appendix MM
Appendix NN
Appendix OO
Appendix PP
Appendix QQ
Appendix RR
Appendix SS
Appendix TT
Appendix UU
Appendix VV
Appendix WW
Appendix XX
Appendix YY
Appendix ZZ
Appendix AAA
Appendix BBB
Appendix CCC
Appendix DDD
Appendix EEE
Appendix FFF
Appendix GGG
Appendix HHH
Appendix III
Appendix JJJ
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