DHS Extends U Visa Interim Relief Deadline
January 6, 2010
When a serious crime has been committed, justice can only be served when the perpetrator of the crime is successfully prosecuted and jailed. Unfortunately, justice is often not served when the victim of the crime is an undocumented immigrant. This has been the case because of the fear of removal proceedings by many undocumented immigrants when seeking help from the police.
In an effort to combat this fear and rightly redress victims of crimes, Congress passed the Victims of Trafficking and Violence Prevention Act of 2000. This Act created the U Visa, which confers legal, nonimmigrant status to an individual that has been the victim of certain serious crimes.
Although enacted in 2000, the regulations implementing the issuance of U visas were not in effect until late 2007. As the Department of Homeland Security (DHS) could not actually approve any U visas until the implementing regulations became effective in 2007, the DHS began providing temporary interim relief, in the form of deferred action and employment authorization, to those qualified for a U visa. The interim relief, however, was scheduled to expire on December 31, 2009.
Recognizing the importance of protecting those who have suffered at the hands of criminals, the DHS has extended the interim relief and filing deadline for the U visa to February 1, 2010.
To be eligible for a U visa, an individual applicant must provide evidence establishing the following requirements: (1) the individual must have suffered substantial physical or mental abuse due to a qualifying criminal activity; (2) he/she has information concerning the criminal activity; (3) he/she has been helpful, is being helpful, or is likely to be helpful to law enforcement officials in investigating or prosecuting the criminal activity; and (4) the crime violated US laws or occurred within the US.
The types of criminal activities that qualify a victim for a U visa are numerous. Examples of qualifying criminal activities include rape, torture, trafficking, incest, domestic violence, sexual assault, prostitution, involuntary servitude, slave trade, kidnapping, abduction, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, and perjury.
In the domestic violence context, it is worthwhile to note that it includes offenses between non-married couples. As well, the immigration status of the criminal perpetrator is irrelevant, so it includes offenses committed by one undocumented individual to another.
An individual who has been the victim of criminal activity may obtain a U visa, which entitles him/her to work, that is valid for a period of 4 years. Benefits are also available to the U visa holder’s spouse and children, as well as siblings and parents in certain situations.
Individuals granted a U visa may thereafter ultimately obtain permanent residency. To adjust status, an individual must fulfill the following: (1) be a U nonimmigrant; (2) be physically present in the US continuously for at least 3 years as a U nonimmigrant; and (3) he/she has not unreasonably refused to provide assistance to law enforcement officials prosecuting the criminal activity underlying the U Visa. The immigration service will also use its discretion when evaluating applications to determine if the applicant should be accorded permanent resident status to the US. The immigration will balance any negative factors, such as a criminal record, fraud, or immigration violation, against any positive factors, such as family ties, hardship, or length of residence in the US, to determine whether an individual should be granted permanent residency.
The U visa empowers a victim of a serious crime to not only ensure that justice against the criminal perpetrator is obtained, but also to secure justice for himself/herself as a victim deserving of an opportunity in the United States. Given the legal complexities involved, individuals burdened by such a traumatic experience as being a victim of a serious crime should consult with a qualified immigration attorney to ensure that the rights and privileges afforded under the law are applied fairly and justly.
For further information, please schedule an appointment at Aquino & Aquino, A Professional Law Corporation.
Aquino & Aquino, A Professional Law Corporation, also handles family law, employment discrimination, unlawful termination, criminal defense, personal injury, wills, and living trusts.
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