USCIS

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

2023 HHS Poverty Guidelines

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The HHS Poverty Guidelines are how you calculate the level of income that is required by the petitioner when filing a visa petition for a family member. If your income does not meet the requirements then you will need to get a joint sponsor. For more information about the affidavit of support and joint sponsors check out our guide to the Form I-864A.

Contacting USCIS

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Trying to get information from USCIS can be a difficult task. Here is some information about how USCIS’ customer service works so you can better understand what you can expect. I’ve also provided some tips based on my experience contacting USCIS. How can I speak to a person at USCIS? USCIS offers multiple ways you can get in touch with them including a toll free phone number. You can easily call USCIS and speak to a live person. You may wait on hold for awhile but it is an option. If you would like to speak with a person over the phone it is not as difficult as many think. The toll-free customer service number for USCIS is 1-800-375-5283. Navigate the Automated Menu to Speak to A Human If you respond to the prompts in the manner above you will get to a representative as quickly as possible. While the automated assistance phone number is available 24/7 live human assistance is not. You can only speak to a representative between the hour of 8 am to 9 pm EST, Monday through Friday. You cannot speak to a representative on the weekends or holidays. If when you call you are asked to “state the reason for your call” rather than getting the prompts above then the answer that will get you to a representative the fastest is, “infopass.” If you say you are calling to schedule an infopass appointment then you will be connected to a representative right away with no further robots. Before Calling USCIS USCIS representatives will not be able to assist you, or even talk to you at all, unless you have certain information. Also, they will only be able to talk to the Petitioner, the beneficiary (or applicant), or the attorney of record with a valid Form G-28 on record with the Service. They will confirm that you are one of those people by asking for your name and date of birth or A number. Before you call USCIS make sure you have the following: Be prepared to wait on hold for some time. You should call early in the day for less of a chance of long waits and less of a chance of waiting on hold for hours only to be told that they are closing and you have to call back tomorrow.

CAN I TRAVEL ONCE MY U VISA IS APPROVED? 

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Joseph Caraccio June 4, 2023 One Comment travel, U visa INTERNATIONAL TRAVEL AS A U NONIMMIGRANT Uncategorized inadmissibility Case Law BIA FOIA USCIS FAQ SIJS Citizenship How To Visa EAD Court Q&A WebEx Asylum TPS Bond policy News Special Immigrant Video Extreme Hardship CAT criminal marriage motions SCOTUS U Visa It seems we can't find what you're looking for. Search Wiki See All Results CAN I TRAVEL ONCE MY U VISA IS APPROVED?  Once you receive the I-918 approval notice indicating you are in U nonimmigrant status, can you can travel outside of the United States? Technically, individuals in U nonimmigrant status are eligible to apply for a U visa abroad at a U.S. consulate and may be able to use that visa to reenter the United States after a trip abroad. While theoretically possible, it would not be advisable.  There are also two serious concerns that would arise relating to unlawful presence bars and the continuous physical presence requirements for U nonimmigrants to be able to adjust status and obtain a green card after three years in U status.     UNLAWFUL PRESENCE BARS There are also complications that arise from unlawful presence. If the U visa holder accrued unlawful presence, which most have, then departure from the United States will trigger a three- or ten-year bar making them inadmissible. Once a U nonimmigrant that is outside of the country has triggered a new ground of inadmissibility such as the unlawful presence, they will need to apply for a new waiver of inadmissibility on Form I-192 (any existing I-192 that was approved will only cover grounds of inadmissibility that existed at the time it was approved not grounds that were triggered after). They will be required to remain outside of the United States during the adjudication of the waiver.  Note: This is because they are outside the United States and reentering thus they must be admissible, otherwise new grounds of inadmissibility would not necessarily require a new waiver for purposes of adjustment of status.    CONTINUOUS PHYSICAL PRESENCE REQUIREMENTS FOR ADJUSTMENT OF STATUS IN THREE YEARS Further it may create an obstacle to later eligibility to adjust status to become  a legal permanent resident and get a green card. In order for U visa holders to apply for adjustment of status to lawful permanent residence, she must demonstrate continuous physical presence in the United States. The regulations state that “an alien shall be considered to have failed continuous physical presence…if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate of 180 days.”  Since it will almost certainly take more than 90 days to process the visa and/or waiver needed, the U visa holder will likely become ineligible for adjustment of status since they will have an interruption in their continuous physical presence.    GROUNDS OF INADMISSIBILITY TRIGGERED AFTER THE APPROVAL  U visa holders are not required to demonstrate their admissibility when applying to adjust their status pursuant to INA §245(m). When the U nonimmigrant applies to adjust status through INA §245(m), there is no need—and, actually, no mechanism—for USCIS to waive a ground of inadmissibility, and the existence of the unwaived ground of inadmissibility will not preclude them from adjusting status.  Any ground of inadmissibility may factor into USCIS’s determination as to whether discretion should be exercised in the applicant’s favor. Therefore, it is possible that a serious criminal issue or alike will ultimately end up preventing them from being able to adjust status just under a different legal ground.  Per the regulations, where new grounds of inadmissibility and other adverse factors are present at the adjustment stage, the applicant may “offset” them “by submitting supporting documentation establishing mitigating equities that the applicant wants USCIS to consider when determining whether or not a favorable exercise of discretion is appropriate.” See 8 CFR §245.24(d)(11). Depending on the nature and severity of the adverse factors, “the applicant may be required to clearly demonstrate that the denial of adjustment of status would result in exceptional and extremely usual hardship.” See 8 CFR §245.24(d)(11). [The regulations provide that “USCIS will generally not exercise its discretion favorably in cases where the applicant has committed or been convicted of a serious violent crime, a crime involving sexual abuse committed upon a child, or multiple drug-related crimes, or where there are security- or terrorism-related concerns.” Id.] In that scenario, if trying to overcome new grounds of inadmissibility, you would want to try to tie the new ground of inadmissibility or other adverse factor(s) to the applicant’s victimization and/or cooperation with law enforcement. Though such a showing is not legally required, it can serve as a strong mitigating equity. Address and provide evidence of the humanitarian considerations and disruption to family unity that will result if USCIS denies the adjustment application. REVISITING PRIOR GROUNDS OF INADMISSIBILITY & ADVERSE FACTORS ALREADY ADDRESSED It has become increasingly common for USCIS to issue Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) and to deny U-based adjustment applications based on grounds of inadmissibility and/or other negative discretionary factors that the U visa holder previously disclosed and addressed in the underlying U visa petition. I would be wise to anticipate this.  In the adjustment of status context, the issue is no longer one of inadmissibility but of discretion. Even if the criminal history occurred before the U visa was granted, and even if a waiver was granted for the ground of inadmissibility, you still need to present evidence of discretion to overcome these negative factors at the adjustment stage. You should decide on a case-by-case basis whether you may want to try arguing that USCIS is abusing its discretion and that they should not be relitigating these matters (in the event the adverse factors are particularly severe and may impact the outcome).  PrevPreviousRE-TAKING THE NATURALIZATION ENGLISH OR CIVICS TEST NextContacting USCISNext

Guide to Form I-864A

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GUIDANCE FOR PREPARING AND SUBMITTING USCISFORM I-864A & SUPPORTING DOCUMENTS Last Updated June 13, 2023 Form I-864A: https://www.uscis.gov/sites/default/files/document/forms/i-864a.pdf Official USCIS Instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf FORM-I-864A-GUIDEDownload WHY DOES A HOUSEHOLD MEMBER COMPLETE FORM I-864A? A household member completes this contract if the household member’s income and/or assets will be used to demonstrate the sponsor’s ability to meet the income requirements and to maintain the sponsored immigrant at an annual income at the level specified in INA section 213A(f)(l)(E) or section 213A(f)(3). If the Intending Immigrant Is a Household Member, Must He or She Complete This Contract? If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this contract only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this contract, even if you have accompanying dependents. Filing Fee: There is no filing fee to file Form I-864A with USCIS. Where do I file? This contract MUST be filed with Form I-864. WHO COMPLETES THIS FORM? The sponsor and a household member complete and sign this form. If either the sponsor or the household member is under guardianship, the guardian of that individual’s estate (financial affairs) may sign the form. Supporting Documents Checklist The following items must be submitted with Form I-864A: For ALL sponsors: For SOME sponsors: FREQUENTLY ASKED QUESTIONS HOW DO I CALCULATE MY HOUSEHOLD SIZE? The Form I-864 asks for the financial sponsor’s household size. When calculating their household size, sponsors must include: A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States. WHO CAN BE A FINANCIAL SPONSOR? A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. WHAT ARE POVERTY GUIDELINES? Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. You can find these guidelines on USCIS’ website or below. WHAT HAPPENS IF THE PETITIONER DOESN’T HAVE ENOUGH INCOME? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines. These additional financial sponsors also have to submit an Affidavit of Support, proof of their income, and proof of their legal status in the United States. Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support. For more information see our Guide to Completing Form I-864A You can download the guide here