Author: amplogin

Immigrants are frequently the target of criminal activity. Particularly undocumented immigrants who are seen as vulnerable because of their fear to seek help from law enforcement agencies that may effectuate their deportation. In recognition of this, and in an effort to encourage these victims to come forward, Congress enacted certain immigration options for those who have been victimized, or are being victimized.

U Visas

A “U Visa” is an option for victims of certain qualifying crimes in the United States who have been, are being, or are likely to be helpful to the investigation and/or prosecution of the crime. The individual must be able to evidence that, as a result of the criminal activity, he or she suffered substantial mental or physical abuse. If applying for a visa under this category, the applicant must also be admissible to the United States, which may require filing a waiver for any possible grounds of inadmissibility (such as an unlawful entry).

If approved, the applicant receives U nonimmigrant status, with work authorization, for a period of four (4) years. After 3 years of continuous physical presence in the United States with U nonimmigrant status, the U nonimmigrant may apply to adjust status to a Lawful Permanent Resident.

If 21 years of age or older, the primary “U visa” applicant may petition for his or her spouse and children (unmarried and under 21 years of age) to receive U nonimmigrant status. If the “U visa” applicant is under 21 years of age, the applicant may petition for his or her spouse, children (unmarried and under 21 years of age), parents, and unmarried siblings under the age of 18, to receive U nonimmigrant status.

Because only 10,000 primary applications can be approved per year, there is a significant waitlist. In an effort to fairly manage this waitlist, persons who are waiting for an approval may receive a Bona Fide Determination (BFD) letter while the case is ongoing. The significance of this letter is that it allows the applicant to remain in the United States without accruing any unlawful presence, and it allows the applicant to apply for an employment authorization card.

T Visas

A “T Visa” is an option for victims of severe forms of sex or labor trafficking who are physically present in the United States (or American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry) and who have complied with any reasonable requests for assistance with law enforcement in the investigation and/or prosecution of the trafficking. The individual must be able to evidence that he or she would suffer extreme hardship if removed from the United States. If applying for a visa under this category, the applicant must also be admissible to the United States, which may require filing a waiver for any possible grounds of inadmissibility (such as an unlawful entry).

If approved, the applicant receives T nonimmigrant status, with work authorization, for a period of four (4) years. After 3 years of continuous physical presence in the United States with T nonimmigrant status, the T nonimmigrant may apply to adjust status to a Lawful Permanent Resident (it may also be possible to apply earlier if the applicant was continuously present during the trafficking investigation or prosecution if it is now deemed complete).

If 21 years of age or older, the primary “T visa” applicant may petition for his or her spouse and children (unmarried and under 21 years of age) to receive T nonimmigrant status. If the “T visa” applicant is under 21 years of age, the applicant may petition for his or her spouse, children (unmarried and under 21 years of age), parents, and unmarried siblings under the age of 18, to receive T nonimmigrant status.

Only 5,000 primary applications can be approved per year, but, unlike the “U Visa” category, the maximum annual cap has never been reached (as of 2021).

Trafficking victims may also qualify for “Continued Presence” (CP), even if they have not yet submitted an application for a “T Visa”. Once a trafficking victim has been identified, it becomes possible to qualify for CP, which allows the individual applicant to temporarily remain lawfully in the United States, and with a work permit, while the trafficking investigation and/or prosecution is ongoing.

VAWA

Under VAWA (the Violence Against Women Act of 1994), the abused family members of U.S. Citizens (USC) and Lawful Permanent Residents (LPR) may seek to self-petition for immigrant classification to permanently reside in the United States, without the knowledge or assistance of the U.S. Citizen or LPR abuser. If the abuser is a U.S. Citizen, the abused spouse, children (unmarried and under 21 years of age), or parents of that U.S. Citizen (if the Citizen is 21 years of age or older) may self-petition. If the abuser is a Lawful Permanent Resident, the abused spouse or children (unmarried and under 21 years of age) of that LPR may self-petition.

The self-petitioning applicant must establish a qualifying relationship, eligibility for the immigrant classification sought, that he or she was subjected to battery or extreme cruelty by the USC or LPR family member, that he or she does or did reside with the abusive USC or LPR family member, and that he or she is a person of good moral character. If the relationship is a spousal relationship then it is also necessary to prove that the marriage was entered into in good faith (and not for the purpose of circumventing immigration laws).

Self-petitioning applicants must also be admissible to the United States. That said, there are certain inadmissibility grounds that do not apply to VAWA cases, such as the public charge ground. Additionally, exceptions or waivers may be granted that take into consideration the abuse suffered by the applicant. For example, inadmissibility for unlawful presence in the United States may fall into an exception if there is a connection between the unlawful presence and the abuse suffered.

VAWA applicants may reside in the United States or outside of the United States at the time of the application. If outside of the United States, the applicants will undergo consular processing for an immigrant visa. If inside the United States, the applicants will apply for adjustment of status to a Lawful Permanent Resident. Even if the applicant entered the United States without inspection, admission, or parole, he or she is eligible to file for adjustment of status. The timing of the applications for an immigrant visa or adjustment of status will depend on the family-based category and whether it is one that is considered an “Immediate Relative” category or one that is a “Preference” category.

If the self-petitioning applicant is the spouse or child of the abuser, the applicant may petition for his or her children (unmarried and under 21 years of age) to receive derivative immigrant status.

Other

In addition to the T Visa, U Visa, and VAWA, there may also be options for abused spouses of certain nonimmigrants (A, E-3, G, or H status). For more information, visit the USCIS webpage.

Under VAWA (the Violence Against Women Act of 1994), the abused family members of U.S. Citizens (USC) and Lawful Permanent Residents (LPR) may seek to self-petition for immigrant classification to permanently reside in the United States, without the knowledge or assistance of the U.S. Citizen or LPR abuser. If the abuser is a U.S. Citizen, the abused spouse, children (unmarried and under 21 years of age), or parents of that U.S. Citizen (if the Citizen is 21 years of age or older) may self-petition. If the abuser is a Lawful Permanent Resident, the abused spouse or children (unmarried and under 21 years of age) of that LPR may self-petition.

The self-petitioning applicant must establish a qualifying relationship, eligibility for the immigrant classification sought, that he or she was subjected to battery or extreme cruelty by the USC or LPR family member, that he or she does or did reside with the abusive USC or LPR family member, and that he or she is a person of good moral character. If the relationship is a spousal relationship then it is also necessary to prove that the marriage was entered into in good faith (and not for the purpose of circumventing immigration laws).

Self-petitioning applicants must also be admissible to the United States. That said, there are certain inadmissibility grounds that do not apply to VAWA cases, such as the public charge ground. Additionally, exceptions or waivers may be granted that take into consideration the abuse suffered by the applicant. For example, inadmissibility for unlawful presence in the United States may fall into an exception if there is a connection between the unlawful presence and the abuse suffered.

VAWA applicants may reside in the United States or outside of the United States at the time of the application. If outside of the United States, the applicants will undergo consular processing for an immigrant visa. If inside the United States, the applicants will apply for adjustment of status to a Lawful Permanent Resident. Even if the applicant entered the United States without inspection, admission, or parole, he or she is eligible to file for adjustment of status. The timing of the applications for an immigrant visa or adjustment of status will depend on the family-based category and whether it is one that is considered an “Immediate Relative” category or one that is a “Preference” category.

If the self-petitioning applicant is the spouse or child of the abuser, the applicant may petition for his or her children (unmarried and under 21 years of age) to receive derivative immigrant status.

“T Visas” are for victims of severe forms of human trafficking, which refers to sex trafficking and labor trafficking. Trafficking comes in many different forms, but is defined as follows:

– Sex trafficking: where a commercial sex act is induced by force, fraud, or coercion.
– Sex trafficking (of a person under 18 years of age): where a commercial sex act is induced to be performed by someone that has not yet reached the age of 18 years old.
– Labor trafficking: where a person has been recruited, harbored, transported, provided for, or obtained for labor or services, through the use of force, fraud, or coercion, and for the purpose of involuntary servitude, peonage, debt bondage, or slavery.

At the time you file your application, you must be physically present in the United States “on account of” the trafficking. It is popularly believed that this means you must have entered the United States already as a trafficking victim. That is not accurate. There may be many reasons that you entered the United States that have nothing to do with trafficking. Instead, if you are now in the United States and are currently a victim of trafficking, or you were a victim of trafficking but have managed to escape from it, you may still qualify for a “T Visa”.

In most cases, it is necessary that you demonstrate that you have been in contact with law enforcement about the trafficking. However, certain exceptions do apply. If you have been in contact with law enforcement, it will be helpful to your case if you have the law enforcement agency complete Form I-918 Supplement B. However, this is not required.

The application form and instructions can be found here on the USCIS website.

IF YOU ARE THE VICTIM OF TRAFFICKING AND NEED HELP, YOU CAN CALL THE NATIONAL HUMAN TRAFFICKING HOTLINE: 888-373-7888!

“U visas” are for victims of certain qualifying crimes that violated U.S. laws or were committed in the United States or its territories and possessions. To qualify, you must be able to document that you (1) were a victim of a qualifying criminal activity, (2) suffered substantial physical or mental abuse as a result of the crime, (3) possess information about the criminal activity, and (4) have been, are being, or are likely to be helpful in the investigation or prosecution of the crime.

If your “U visa” application (filed with USCIS on Form I-918) is approved, you will receive U-nonimmigrant status for a period of 4 years. After at least 3 years of continuous presence in U-nonimmigrant status in the United States, you are eligible to apply for Lawful Permanent Residency to remain in the United States.

A list of the qualifying criminal activities can be found at 8 U.S.C. 1101(a)(15)(U)(iii), which states: “the criminal activity referred to in this clause is that involving one or more of the following or any 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; stalking; 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; fraud in foreign labor contracting (as defined in section 1351 of title 18); or attempt, conspiracy, or solicitation to commit any of the above mentioned crime”

The application form and instructions can be found here on the USCIS website.

After October 26, 2023, the automatic 540 day extension period that benefits certain persons applying for a renewal of employment authorization will end. Instead, the automatic extension period will revert to a lesser 180 days.

If you file for a renewal of your employment authorization card by the October 26, 2023 cut off date, you should still benefit from the automatic 540 day extension so long as you (1) file for a renewal prior to the expiration date of your current employment authorization card, (2) are still eligible for employment authorization, (3) are applying for a renewal in the same category in which you currently have employment authorization, and (4) are applying in one of the categories designated for an automatic extension.

The categories designated for an automatic exension are:
(a)(3) – Refugee
(a)(5) – Asylee
(a)(7) – N-8 or N-9
(a)(8) – Citizen of Micronesia, Marshall Islands, or Palau
(a)(10) – Withholding of Deportation or Removal Granted
(a)(12) – Temporary Protected Status (TPS) Granted
(a)(17) – Spouse of principal E nonimmigrant with an unexpired I-94 showing E (including E-1S, E-2S and E-3S) nonimmigrant status*
(a)(18) – Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 (including L-2S) nonimmigrant status*
(c)(8) – Asylum Application Pending
(c)(9) – Pending Adjustment of Status under Section 245 of the Act
(c)(10) – Suspension of Deportation Applicants (filed before April 1, 1997); Cancellation of Removal Applicants; Special Rule Cancellation of Removal Applicants Under NACARA
(c)(16) – Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
(c)(19) – Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”.
(c)(20) – Section 210 Legalization (pending I-700)
(c)(22) – Section 245A Legalization (pending I-687)
(c)(24) – LIFE Legalization
(c)(26) – Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
(c)(31) – VAWA Self-Petitioners

This USCIS webpage has additional information:https://www.uscis.gov/eadautoextend

For a tool that your employer may use to calculate your eligibility for employment: https://www.uscis.gov/i-9-central/form-i-9-resources/employment-authorization-document-ead-automatic-extension-calculator

U.S. Citizenship and Immigration Services (USCIS) is responsible for reviewing and adjudicating applications for immigration benefits in the United States. The main physical locations tasked with these responsibilities are known as “Service Centers” and until recently there have been 5 Service Centers: Nebraska Service Center (NSC), Texas Service Center (TSC), California Service Center (CSC), Vermont Service Center (VSC), and Potomac Service Center (PSC).

In March 2023, USCIS announced the creation of a new Service Center known as the “HART Service Center”. “HART” is an abbreviation for “Humanitarian, Adjustment, Removing Conditions, and Travel Documents”. Definitely a mouthful to say so the abbreviation helps. You’ll also notice that it’s the only Service Center that doesn’t have its location in the name, and that’s because it will be a virtual service.

The stated purpose of this Service Center is to help address the backlog of cases for some of the more vulnerable applicants for immigration benefits that have been negatively impacted by long processing times. These include the following cases:

• “Bona Fide Determinations” for U visa applicants. Currently processed by the VSC and NSC, this should hopefully cut back significantly on the wait times, which are currently listed at approximately 5 years!
• Petitions for VAWA status (VAWA = Violence Against Women Act). These petitions to help victims of violence in certain relationships are currently averaging a wait time of 2.5 years with the VSC.
• I-601A provisional waivers for unlawful status. Currently processed by the PSC and NSC, and averaging 3+ years, these long-pending waivers are often the subject of lawsuits by applicants that are tired of the long
• I-730 petitions for family members of asylees. Currently processed by the NSC and TSC, family members are kept waiting an average of 1-2 years before they can be safely reunited.

If your immigration case is one of those listed, then once the HART Service Center is up and running, you can expect for your wait times to be cut back significantly. But, it does take time to get things up and running and the HART Service Center is not expected to be fully operational until the fall of 2024. Until then, you may be stuck pursuing alternative routes to speed up your case. (add hyperlink to the article “3 ways to speed up your immigration case”)

Last Updated: 4.15.2023 (*Note That Immigration Rules, Regulations, And Practices Change Frequently. Make Sure To Check For Updated Information Since The Posting Of This Article.)

So you want to come to the United States. Or maybe you’re in the United States and want to stay. The obvious thing to do is apply for a visa or maybe an application for an immigration benefit. But… how much time do you have? Because US immigration cases are taking a looooong time. Maybe longer than you can wait or longer than you want to wait. If you don’t believe me, just go onto the USCIS webpage and look at some average processing times.

Need a new employment authorization card so that you can work legally? Cool. Sit tight for 3 to 6 to 20 months.

Been the victim of a crime and helping out the police with the investigation? How does a 5 year wait sound? And that’s just to get to a temporary work permit. There is still more waiting after that!

Did you lose your Permanent Resident Card and need a new one? As in, just print a new one. Nothing challenging about that, right? Even the DMV can print a driver’s license in like 15 minutes. USCIS currently takes 20 months to get you a replacement card.

And keep in mind, these are just average processing times. It can definitely take longer. In fact, USCIS won’t even accept inquiries until well after the “average” processing time has passed. This is why it can become necessary to take matters into your own hands. Here are 3 tips for speeding up your case if you don’t want to just sit around twiddling your thumbs:

1. File a request to expedite with USCIS. But know why you’re filing and have it well-documented. USCIS will consider expediting cases in certain situations (like for humanitarian emergencies or severe financial loss). Check out this webpage for more details.
2. Contact your US Senator or Congressman and request assistance in expediting your case. Similar to USCIS, they’ll want to know your reason so make sure it’s a clear reason and that it’s well- To find your US Senator or Congressman based on where you live, check out this page.
3. Hire a lawyer to file a Writ of Mandamus. This is a lawsuit that you file in court, asking that the court order USCIS to make a decision on your case.

Following any of these steps does not guarantee a positive or negative outcome in your case, but what it can do is get you a decision in your case faster than those that are just sitting around and waiting.

Last Updated: 4.15.2023 (*Note that immigration rules, regulations, and practices change frequently. Make sure to check for updated information since the posting of this article.)

USCIS first rolled out options for online filing back in 2015. At that time, it was just the I-90 Application to Replace a Permanent Resident Card. Now, USCIS accepts 16 different application types online. For a complete, up-to-date list, visit this webpage.

Online filing has its pros and cons. Let’s break it down…

PROS:

• You get confirmation of filing soon after hitting the submit button,
• You can easily upload additional supporting documents even after you’ve already filed your case, and
• You have a record of what was filed right there in front of you – no worries about whether or not you remembered to make a

CONS:

• The system definitely has its glitchy days where it seems like you’ve regressed back to the days of dial-up internet connection,
• If you’re not already familiar with computers then it may be a little complicated, and
• Did I already mention the glitchy days?

Pros and Cons aside, USCIS is making a big push to get people online filing. The new proposed fee schedule (set to lower some fees, but mostly to increase a lot of fees) plans to charge more for paper filing an application than for online filing an application. This may be the best reason yet to get familiar with the online filing system. If you want to keep costs as low as possible, get familiar with online filing. Plus, bonus!, you save the money of mailing an application, which can get quite costly if you’re mailing things in with a tracking number or courier service. (Side Note: Please, always mail things to USCIS with a tracking number to prove that it was delivered!)

Want to read more about online filings with USCIS? Here ya go!

Last Updated: 4.15.2023 (*Note That Immigration Rules, Regulations, And Practices Change Frequently. Make Sure To Check For Updated Information Since The Posting Of This Article.)

Hiring an attorney for your immigration case is ALWAYS a good idea. But, if you’re resistant to the idea and want to handle things yourself, okay. That said, if your situation has any of these 3 issues, I really REALLY suggest that you at least consult an attorney before doing anything yourself:

1. You have a criminal record. Maybe you think it’s for a small crime, or maybe you think it has been expunged and dealt with. But, here’s the thing, that doesn’t necessarily matter for Even if you’ve “paid your dues” or it happened a long time ago or it has since been expunged, it still is something you’re required to list in your paperwork and it is still something that can come up and bite you from behind. I’ve even seen a naturalization case denied because the applicant couldn’t find proof that he paid off a speeding ticket. That man hired an attorney and it got taken care of, but what a headache!
2. You accumulated unlawful presence in the United States. Whether you entered the US illegally and stayed for a length of time, or maybe you entered the US legally and then overstayed, this can be a biggie. US immigration law imposes penalties and bars to admission if you have unlawful presence. BUT, there may be an available waiver for you, you may fall into an exception, or maybe what you think is unlawful presence really isn’t (or, to the contrary, what you think is NOT unlawful presence maybe IS). Point being, talk with a knowledgeable attorney about your situation before you file anything with
3. You violated the terms of your visa. For example, maybe you were in the US as a tourist and to help supplement the costs of a trip to Disney World, you took a side job for a few weeks. Well, working on a tourist visa is a violation of the terms of your visa and can result in your visa getting revoked, removal proceedings being initiated against you, or a denial of future If you aren’t sure whether or not you violated the terms of your visa, an immigration attorney can fill you in. Better yet, find out what you are and aren’t allowed to do on your visa BEFORE you do it!

Last Updated: 4.15.2023 (*Note that immigration rules, regulations, and practices change frequently. Make sure to check for updated information since the posting of this article.)

Family-based immigration applications are one of the most common ways to immigrate to the United States. And with that application comes the obligation to prove a valid relationship. Sometimes it may be as simple as providing a birth certificate, but usually it requires more. For some people, finding relationship evidence like utility bills, money wires, or bank statements can be difficult. Enter: 3rd party relationship affidavits. This is where you ask friends or family members to write a sworn affidavit about the purported relationship. Before we talk about what not to put into an affidavit, let’s talk about what you should put into an affidavit…

DO include the following in an affidavit:

• Your name and your contact information (address, phone number);
• An explanation about how you know the people that you’re writing about;
• A story or two that shows that you’ve personally witnessed the relationship in action;
• A notarized stamp with your signature and the date

That’s it! Super simple. Here’s a short sample for you.

January 15, 2023

Dear Officer,

I am writing this letter for my friends, Jose and Linda. I met Jose when we were 12 year old kids in New York. Ten years later, we are still good friends and get together at least once a month. He met his new wife, Linda, at a party a couple of years ago and they’ve been together ever since. He introduced me to Linda early on in the relationship and we’ve spent many weekends together. Linda and Jose will frequently come over to have dinner with me and my wife. We eat, share stories, and sometimes play games. We always have a lot of fun! I’ve known Jose for a long time and I can honestly say that I’ve never seen him so happy. He and Linda enjoy a lot of the same activities and they seem to be very supportive of each other. Jose told me that he and Linda are planning to start a family soon. I know they’ll both make excellent parents and I look forward to our kids playing together one day. If you have any questions about their relationship, I will be happy to take a call. My contact information is below.

Sincerely,

Frank Silver [signed and with a notary stamp]

Tele # 123-123-1234

123 New York Street, New York, NY 12345

Now, let’s talk about what a relationship affidavit should NOT contain. It should NOT contain the same information as any of the other affidavits you’re using. That’s the most important thing I can tell you so I’ll say it again. A relationship affidavit should NOT contain the same information as any of the other affidavits you’re using. As an example, what do you think about the following?

• Written by Thomas: “Jose and Linda are very happily married. I have known Jose for 3 years and met Linda last year after they got Jose is a caring husband and he loves to treat his wife to nights out on the town where they enjoy dinner and dancing.”

Sounds good, right? But imagine you’re the immigration officer and you flip past that letter onto a different letter and it reads as follows:

• Written by Rebecca: “Jose and Linda are very happily married. I have known them for 2 Jose is a caring husband and he loves to treat his wife to nights out on the town where they enjoy dinner and dancing.”

Now what do you think? I’ll tell you what I think. To me, it doesn’t sound genuine anymore. Sure, Rebecca says she has known Jose and Linda for a different amount of time, but the meat of what is written is the same as what is in Thomas’ letter. And if I were the immigration officer, I’d no longer give much weight (if any) to either of these affidavits. You’re better off just using one affidavit than five affidavits that all say essentially the same things.

These affidavits can really strengthen cases where there is not much other supporting documentation so make sure you get several and make sure they follow the rules above. Another helpful tip is to include photos with the affidavits to support what is said in the affidavit. For example, along with the letter written by Frank Silver, include a photo of Frank spending time with Jose and Linda. That will certainly strengthen your case!

Last Updated: 4.15.2023 (*Note that immigration rules, regulations, and practices change frequently. Make sure to check for updated information since the posting of this article.)