INA §§101(a)(15)(U), 214(p), 245(m), 8 U.S.C. §§1101(a)(15)(U), 1184(p), 1255(m)

 

1. The visa/status is for a person who has suffered substantial physical or mental abuse as a result of having been a victim of one or more of the following crimes or similar activity in violation of Federal, State, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of these crimes. The applicant must also demonstrate that:

(1) s/he possesses information concerning the criminal activity;

(2) s/he has been helpful, is being helpful or is likely to be helpful to law enforcement officials, prosecutors, judges or other investigating authorities and a certification has been provided to that effect by such official or a Service official; and

(3) the criminal activity violated the laws of the U.S. or occurred in the U.S. or the territories or possessions of the U.S. If the visa applicant is under 21 her spouse, children, unmarried siblings under 18 on the date she applied for U status, and her parents may accompany her or follow to join. If over 21 then only her spouse and children are covered. The applicant can provide any credible evidence to support his or her petition.

2. 10,000 visas/status may be issued annually and the limit only applies to principal aliens. The Sec. of DHS shall provide employment authorization. The Sec. of DHS may waive all grounds of inadmissibility except for Nazis.


3. Nonremoval--DHS officers are instructed to use existing authority and mechanisms, such as parole, deferred action, continuances and stays of removal, to prevent the removal of possible "U" victims. They should also be provided employment authorization. Memo, Cronin, supra.


4. Procedure for U Applicants--Applications must be filed with the Vermont Service Center only. Until regulations are issued, as interim relief Vermont Service Center officers may grant deferred action to persons who produce prima facie evidence demonstrating their eligibility for the visa including certification from a state or federal law enforcement officer attesting to the person’s status as a victim (even if it occurred in the past) and her "helpfulness." The victim may also obtain employment authorization if interim relief is granted. DHS, however, may terminate deferred action if the circumstances no longer warrant it. Letter and Memo, Yates, Assoc. Dir. Operations, USCIS (Oct. 8, 2003), posted on AILA InfoNet at Doc. No. 03101420.


5. Date of U Grant--Where applicants for U status were granted interim relief in the form of deferred action, parole or stays of removal, their status as a U, once granted, will be recorded as of the day the interim relief was approved. AFM 39.10(c).


6. A U-1 is given for a maximum period of 4 years. It is not renewable except that the status may be extended if law enforcement officials certify that her presence is necessary to assist in the investigation or prosecution of criminal activity.


7. If the visa applicant is under 21 her spouse, children, unmarried siblings under 18 on the date she applied for U status, and her parents may accompany her or follow to join. If over 21 then only her spouse and children are covered. Spouse, children and parents (where the child is a victim under 16) may also obtain interim relief in the form of deferred action, parole, and stays of removal. Family members cannot obtain U-2, U-3 or U-4 designations until principal is granted U-1. There is no annual cap to the grant of these visas. AFM 39.13(f)(7).


8. All grounds of inadmissibility except for INA §212(a)(3)(E) [Nazi persecutors] are waivable by DHS if in the "public or national interest." INA §212(d)(14).


9. Notwithstanding the prohibitions under INA §248 regarding a change of status, those bars do not apply to a change of status to U classification. INA §248(b).


10. Adjustment of Status--Unless the Sec. of DHS determines based on affirmative evidence that the U visa holder unreasonably refused to provide assistance in a criminal investigation or prosecution, s/he may adjust the status of such person if: (1) s/he has been physically present in the U.S. for a continuous period of 3 years; and (2) in the opinion of the AG her continued presence in the U.S. is justified on humanitarian grounds to ensure family unity or is otherwise in the public interest. Physical presence is broken if the person is outside the U.S. in excess of 90 days or an aggregate of 180 days unless the absence is to assist in an investigation or prosecution or a person involved in the investigation certifies that the absence was otherwise justified. The AG may adjust the spouse and children of the U visa holder. In the case of a U visa holder who is a child, the AG may adjust the parent if s/he considers the grant necessary to avoid extreme hardship. INA §245(m).


11. A VAWA self-petitioner or a person who had T or U status cannot file a nonimmigrant or immigrant visa petition on behalf of the person who abused her or her child. INA §204(a)(1)(L).

1. TN status is for Canadian and Mexican persons engaged in activities at a professional level. 8 C.F.R. §214.6.
2. TN-visa applicants must prove that they do not intend to immigrate. In order to qualify for a TN-visa one must be considered a professional, and must have a minimum of a baccalaureate degree.
3. The Dual Intent Doctrine is applicable, but there is no limit on the amount of years a TN-visa holder can remain under TN-status.
4. Spouses and unmarried minor children accompanying or following to join TN will get a TD visa. They shall not accept employment unless they are otherwise authorized. 8 C.F.R. §214.6(j). They are permitted to attend school on a full time basis. 9 FAM 41.59 N12.1
5. A domestic servant of a TN who meets the requirements for domestic servants entering the U.S. under 9 FAM 41.31 N6.3-3 may be issued a B-1 visa. 9 FAM 41.59 N13.3.

1. S-1 Visa applies to a person in possession of critical reliable information concerning a criminal organization or enterprise who is willing to supply or has supplied such information to federal or state law enforcement authorities or court and whose presence in the U.S. the AG determines is essential to the success of an authorized criminal investigation or prosecution.
2. S-2 Visa applies to persons who both the Secretary of State and the Attorney General jointly determine:     
   
   1. Is in possession of critical reliable information concerning a terrorist organization, enterprise or operation;   
   2. Is willing or has supplied such information to federal law enforcement authorities or to a federal court;    
   3. Will be or has been placed in danger as a result of providing such information; and    
   4. Is eligible to receive an award under 22 U.S.C. §2708(a).
3. There are 200 visas for S-1 per year; 50 for S-2. Maximum admission is 3 years. The Attorney General is not permitted to grant an extension of stay.