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Getting a Green Card as a victim of a Crime

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Getting A Green Card as the Victim of a Crime U Visa USCIS June 15, 2023 10:46 pm No Comments A crime victim can potentially get a visa, and eventually legal permanent residency, based on their cooperation with the police or district attorney’s office.   To make sure that immigration laws do not discourage immigrants in the U.S. without lawful immigration status from cooperating with law enforcement or reporting crime, Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000.   The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.   The U visa is a nonimmigrant visa category in the United States that is available to victims of certain qualifying crimes who have suffered mental or physical abuse and are helpful or willing to assist law enforcement and government officials in the investigation or prosecution of those crimes.   What are the requirements for a “U Visa” or being granted U nonimmigrant status? To be eligible for a U visa, an individual must meet several criteria, including: Qualifying Criminal Activity: The individual must have been a victim of one or more qualifying crimes. Substantial Abuse: The individual must have suffered substantial physical or mental abuse as a result of the criminal activity. Cooperation with Law Enforcement: The individual must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime. Admissibility: The individual must meet the admissibility requirements for entry into the United States, or they may be eligible for a waiver of certain grounds of inadmissibility. What are qualifying crimes for a U Visa? Abduction Domestic violence Extortion False imprisonment Felonious assault Fraud in foreign labor contracting Hostage situations Incest Involuntary servitude Kidnapping Manslaughter Murder Obstruction of justice Peonage Perjury Prostitution Rape Sexual assault Sexual exploitation Slave trade Stalking Torture Trafficking Witness tampering Unlawful criminal restraint Other similar activities related to violation of U.S. laws It’s important to note that the U visa is granted on a case-by-case basis, and the determination of eligibility is made by U.S. Citizenship and Immigration Services (USCIS) after a thorough review of the applicant’s circumstances. Additionally, the list of qualifying crimes is not exhaustive, and USCIS may consider other criminal activities on a case-specific basis. If you believe you may qualify for a U visa, it is recommended to consult with an immigration attorney for guidance tailored to your specific situation. If you were the victim of any crime, even if it is not listed, you should consult an immigration attorney to see if it may be a qualifying crime.  Some terms are difficult to define and some crimes may be named differently in different jurisdictions.   More information on U Visas and qualifying crimes here.  U Visa USCIS Getting a Green Card as a victim of a Crime newyorkvisalawyer_o0id8fJune 15, 2023 Getting A Green Card as the Victim of a Crime U Visa USCIS June 15, 2023 9:14 pm No Comments A crime… Read More Uncategorized COVID-19 VACCINE REQUIREMENTS FOR VISA newyorkvisalawyer_o0id8fJune 5, 2023  As of May 12, 2023, the COVID-19 Vaccination Requirement has been updated. See below for details from the CDC. Top of Page… Read More BIA DECISION Matter of CANCINOS-MANCIO, 28 I&N Dec. 708 (BIA 2023) newyorkvisalawyer_o0id8fApril 26, 2023 Matter of CANCINOS-MANCIO, 28 I&N Dec. 708 (BIA 2023) – Under the modified categorical approach, an Immigration Judge may consider the transcript… Read More

COVID-19 VACCINE REQUIREMENTS FOR VISA

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 As of May 12, 2023, the COVID-19 Vaccination Requirement has been updated. See below for details from the CDC. Top of Page   COVID-19 Vaccination Requirement The applicant must receive one dose of the COVID-19 vaccine if a dose is due at the time of the exam according to current CDC guidance. Now, like other vaccine requirements, additional doses are no longer required, and applicants do not have to postpone completion of the exam to complete the primary series of the COVID-19 vaccine. Applicants who have completed any approved* primary COVID-19 series prior to the exam require no additional COVID-19 doses for immigration. Those who have not should receive a bivalent vaccine according to current CDC guidance. For applicants who have received one or more doses but have not completed the primary series and are not yet due for the next dose in the series at the time of the exam, use the “Insufficient time interval between doses” blanket waiver. As with other vaccinations, additional doses recommended for older age groups, health conditions or immunocompromise are not required for completion of this exam. Although booster doses are not currently required, please refer to this page frequently for future guidance regarding a COVID-19 boosting schedule. * The COVID-19 vaccines approved for use in these Technical Instructions are those vaccines authorized for emergency use (EUA) or approved under a Biologics License Application (BLA) by the US Food and Drug Administration (FDA) or listed for emergency use (EUL) by the World Health Organization (WHO). SOURCE: Vaccination Technical Instructions for Civil Surgeons | CDC Soiurce