Immigrant crime victims generally lack access to the criminal justice system because of language barriers, cultural differences, and ignorance about the process. Most of all, their fear of deportation and separation from family members discourages them from seeking police protection, shelter, medical care and other social services. Abusive partners also use the threat of deportation to keep immigrant victims of domestic violence isolated. Immigrant groups are victimized at rates similar to the general population, but their rates of reporting crime are much lower. Thus, recognizing that immigrant communities are extremely vulnerable to victimization, Congress created the U-Visa program to ensure that immigrant crime victims are afforded safety and protection, regardless of their status in the U.S.

Specifically, in October 2000, Congress introduced the “U” nonimmigrant classification with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act.) The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes while, at the same time, offering protection to victims of such crimes. Unfortunately, the U visa provisions are complex and immigrant communities are often unaware that the program is available to provide relief to crime victims and pave the road to obtaining lawful status in the United States.

Who is Eligible for a U Visa?

To become eligible to receive the immigration benefits under the U nonimmigrant classification, the individual must meet the following requiremements: (1) he/she must have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity; 2) he/she has information concerning that criminal activity; 3) he/she has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime; and 4) the criminal activity must have violated the laws of the United States or occurred in the U.S.

Not every criminal activity makes a crime victim eligible to receive the benefits Congress intended. The statute requires that the criminal activity violate federal, state, or local criminal law such as murder, rape, torture, sexual exploitation, extortion to witness tampering, obstruction of justice, and false imprisonment, among others.

How Do You Apply For a U Visa?

To apply for a U visa, the crime victim must file a Petition for U Nonimmigrant Status (Form I-918) with U.S. Citizenship & Immigration Services (USCIS). The petition must include a certification of helpfulness from a certifying agency; i.e. a U Nonimmigrant Status Certification (Form I-918, Supplement B) from a federal, state, or local law enforcement official that demonstrates the petitioner has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the criminal activity. Further, either the head of the agency or a supervisor designated with the authority to issue certifications on behalf of the agency must sign the certification.

Victims of qualifying criminal activity may apply for U Visa status from inside or outside the U.S., which makes this type of immigration category different from other nonimmigrant classifications. There is no filing fee, although petitioners may have to pay a biometrics fee of $80.

What are the Advantages & Disadvantages of the U Visa?

USCIS may grant not more than 10,000 principal aliens U nonimmigrant status in any given fiscal year. This limitation, however, does not apply to spouses, children, parents, and unmarried siblings who are accompanying or following to join the principal alien victim. If the cap is reached in any fiscal year before all petitions are adjudicated, USCIS will create a waiting list that will help victims cooperating with law enforcement agencies stabilize their immigration status. Further, petitioners assigned to the waiting list will be given deferred action – that is, they will be eligible to apply for employment authorization or travel permits – until their petitions can be adjudicated after the start of the following fiscal year.

The duration of this nonimmigrant category is limited, however. The U nonimmigrant status cannot exceed four years. Extensions, on the other hand, are permitted upon certification from a certifying agency that the alien’s presence in the U.S. is required to assist in the investigation or prosecution of a qualifying criminal activity.

Finally, an individual who has held U nonimmigrant status eventually could apply for lawful permanent resident status in the U.S. The individual must have been physically present in the U.S. for a continuous period of at least three years since the date of admission as a U nonimmigrant, and the agency must determine that the individual’s continued presence in the country is justified on humanitarian grounds to ensure continuation of a cohesive family, or is otherwise in the public’s best interest.

Consult an Immigration Attorney to Determine Whether You Qualify for a U Visa

In sum, law enforcement agencies need the victims’ cooperation to prosecute the perpetrators. Victims who fear deportation, however, often do not choose to interact with law enforcement agents. Therefore, the U visa enables the government to combat crime with the help of individuals who lack lawful status in the U.S.

Immigrant crime victims are afforded safety and protection under the U Visa Program and should consult with a qualified immigration attorney to explore the eligibility requirements and potential benefits.

Nothing in this article should be taken as legal advice for an individual case or situation. The information is intended to be general and should not be relied upon for any specific situation. For legal advice, consult an attorney experienced in immigration law.

The Department of State’s (DOS’) Visa Office (VO) has released the visa numbers for December 2009. The Employment First Preference category remains current for all chargeability areas. The Worldwide Employment Second Preference cutoff and the Second Preference cutoffs for Mexico and the Philippines are also current. The China mainland-born cutoff remained at April 1, 2005, and the India Second Preference cutoff remained at January 22, 2005.

The Third Preference cut-off for India advanced over one week to May 1, 2001. The cut-off for mainland-born China, Mexico, the Philippines, and all other chargeability areas remained at June 1, 2002. For the Third Preference Other Workers category, the cut-off date for all areas remained at June 1, 2001, except for India, which advanced over one week to May 1, 2001. The Fourth Preference categories, including the Certain Religious Workers category, are current. The Fifth Preference category, including the Targeted Employment Areas category and the Fifth Preference Pilot Program, also remains current. With regard to the now-current status of the Fourth Preference Certain Religious Workers category and the Fifth Preference Pilot Program, the VO states.

Legislative action, which occurred, during October has extended the Employment Fourth preference Certain Religious Workers, and Employment Fifth preference Investor Pilot program categories through September 30, 2012.

The December 2009 Visa Bulletin is available at: www.travel.state.gov/visa/frvi/bulletin/bulletin_4587.html

USCIS Naturalization Test to Become Fully Implemented

Effective Oct. 1, 2009, all citizenship applicants must take the new naturalization test, regardless of when they filed their Application for Naturalization (Form N-400).

“Becoming a United States citizen carries with it extraordinary rights and responsibilities,” said USCIS Director Alejandro Mayorkas.  “Our new test captures the meaning of citizenship and is consistent with our values and history as a nation.”

The revised naturalization test will help strengthen integration efforts by emphasizing fundamental concepts of American democracy, basic U.S. history, and the rights and responsibilities of citizenship.

USCIS began administering the new naturalization test Oct. 1, 2008, with two basic objectives – to ensure a uniform test administration nationwide and to develop a civics test that can effectively assess an applicant’s knowledge of U.S. history and government.  Up until Oct. 1, 2009, applicants who had filed for naturalization before Oct. 1, 2008, had a choice of taking the old test or the new test.  Currently, the overall pass rate for the new test is 91 percent.  To learn more about U.S. citizenship and the naturalization test, logon to www.uscis.gov/citizenship. 

USCIS Launches New Website

On September 22, 2009, USCIS launched a redesigned website—available in English and Spanish—a major effort which fulfills President Obama’s pledge to offer enhanced navigation tools for the public to access immigration information and review case status.

“Transparency and openness are critical to effective immigrationUS and citizenship policies,” said Secretary Napolitano. “USCIS’ new website provides the public with the latest tools—from text messages to emails—to improve responsiveness and access to immigration services.”

“The redesigned website we are launching today reflects our commitment to listening to the public and creating a better experience for the hundreds of thousands of USCIS customers we serve,” said USCIS Director Mayorkas. “This effort is the first step toward creating a more innovative, customer-centric experience that meets the nation’s citizenship and immigration needs.”

The new USCIS website provides a one-stop location for immigration services and information—including an innovative service called My Case Status, which allows immigration customers to receive alerts on the status of their applications via text message and e-mail.

Other new features include a Where to Start tool to guide users through the navigation process; a simplified way to track individual case status; local and national case processing times; an improved search engine; and a new Information Dashboard feature allowing users to access national immigration trends associated with immigration petitions and applications. Check it out at www.uscis.gov

Federal Contractors Required to Use E-Verify Beginning Sept. 8, 2009

Beginning Sept. 8, 2009, all federal contractors and subcontractors are required to use the E-Verify system to verify their employees’ eligibility to work in the United States if their contract includes the Federal Acquisition Regulation (FAR) E-Verify Clause.

In July, Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization.

E-Verify, which compares information from the Employment Eligibility Verification Form (I-9) (see link to the right) against federal government databases to verify workers’ employment eligibility, is a free web-based system operated by DHS in partnership with the Social Security Administration (SSA). The system facilitates compliance with federal immigration laws and helps to deter unauthorized individuals from attempting to work and also helps employers avoid employing unauthorized aliens.

The Federal Acquisition Rule; Case 2007-013; Employment Eligibility Verification (see link to the right) extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds.  Applicable federal contracts awarded and solicitations issued after Sept. 8 will include a clause committing government contractors to use E-Verify.

Companies awarded a contract with the E-Verify clause on or after Sept. 8 will be required to enroll in E-Verify within 30 days of the contract award date.  E-Verify must be used to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on these contracts are legally authorized to work in the United States.

More than 145,000 participating employers at nearly 550,000 worksites nationwide currently use E-Verify to electronically verify their workers’ employment eligibility.  Since Oct. 1, 2008, more than 7.6 million employment verification queries have been run through the system and approximately 97 percent of all queries are now automatically confirmed as work-authorized within 24 hours or less.