U visa new rules.

[v2002]

:D new U visa rules for 4 years validity.
Rules for U visa.... http://www.uscis.gov/files/pressrelease/U-visa_05Sept07.pdf

Office of Communications
September 5, 2007
News Release
USCIS PUBLISHES NEW RULE FOR NONIMMIGRANT VICTIMS
OF CRIMINAL ACTIVITY
U-visas will provide temporary immigration benefits to victims who help law enforcement
WASHINGTON—The U.S. Citizenship and Immigration Services today announced it would publish an
interim rule that grants temporary immigration benefits to certain victims of crimes who assist government
officials in investigating or prosecuting the criminal activity. USCIS invites public comments on the rule that
has been submitted to the Federal Register for publication and currently is available for public review at
www.uscis.gov.
The interim final rule establishes procedures for applicants seeking U nonimmigrant status and will take effect
30 days after publication in the Federal Register. The “U” classification was created by Congress in the
Victims of Trafficking and Violence Protection Act and offers not only protection and temporary benefits to
alien victims but also bolsters law enforcement capabilities to investigate and prosecute criminal activity.
“Many immigrant crime victims fear coming forward to assist law enforcement because they may not have
legal status,” explained USCIS Director Emilio Gonzalez. “We’re confident that we have developed a rule
that meets the spirit of the Act; to help curtail criminal activity, protect victims, and encourage them to fully
participate in proceedings that will aid in bringing perpetrators to justice.”
Eligibility for the U nonimmigrant classification is set aside for victims of criminal activity who: suffered
substantial mental or physical abuse because of the activity; has information regarding the activity; and is
willing to assist government officials in the investigation of the crime. Additionally, the crime must have
violated U.S. law or occurred in the United States (including its territories and possessions).
Individuals granted U nonimmigrant status may remain in the United States for up to four years, and may be
accompanied by eligible family members (spouse, children, unmarried siblings under 18, and parents). Not
only do eligible petitioners obtain legal status to remain in the country, but will also be provided referrals to
nongovernmental organizations for assistance and additional resources, and automatic employment
authorization. A total of 10,000 U-visas will be available each fiscal year; however, the congressionally
mandated cap does not apply to eligible family members.
New forms have been developed for petitioners requesting status under this new classification, including
Petition for U Nonimmigrant Status (Form I-918) and Petition for Qualifying Family Member of U-1
Recipient (Form I-918, Supplement A).
The interim final rule will be available for public comment at www.regulations.gov until 60 days after
publication in the Federal Register. More information on the new classification, plus instructions on
submitting comments, is available in an accompanying Fact Sheets.
– USCIS –

[peter gold]

I am sure there will not be plenty of applicants for this type of visa?

[kirtida8]

Thanks V2002, do you know if this would apply for people who have suffered due to scammers? Or may be even in my case? Good news if it could.

[v2002]

I think the system will be misused and flodded in order to get legal status .. and than it will be converted to get a window open to GC by these SO CALLED would be ---"poor victims".
Peter dont be surprised if that happens sooner than we think it would.

I am sure there will not be plenty of applicants for this type of visa?

[v2002]

Good thinking kay .. as I read it some of the clauses can easily be applied to similar situations but to put it in black and white you will need a very GOOD IMMIGRATION attorney to make the case according to eligibilty under this visa .. ITS doable .. print this new change from the USCIS site and take a lawers opinion.If it wont work for you... you still dont loose anything .
Nothing wrong to give it a shot.:tu:

*Spl ---I do see a small window between these lines**
-Eligibility for the U nonimmigrant classification is set aside for victims of criminal activity who: suffered substantial mental or physical abuse because of the activity; has information regarding the activity; and is willing to assist government officials in the investigation of the crime. Additionally, the crime must have violated U.S. law or occurred in the United States (including its territories and possessions).

Thanks V2002, do you know if this would apply for people who have suffered due to scammers? Or may be even in my case? Good news if it could.

[DEE F]

So basically we have to be prepared to get mugged at gunpoint before we get any help!!!!!!!!!!!!!!!!Aw well back to the drawing board,

Dee xxxxxxx

[v2002]

heheheh sorry to blow the bubble DEE that is no where in the eligibility criteria lol:D
So basically we have to be prepared to get mugged at gunpoint before we get any help!!!!!!!!!!!!!!!!Aw well back to the drawing board,

Dee xxxxxxx

[DEE F]

heheheh sorry to blow the bubble DEE that is no where in the eligibility criteria lol:DShame I was just about to go out and P**s off some redknecks :D :D :D :D :D :D :D


Dee xxx

[v2002]

:D :D :D :D :D Welcome to the REAL world DEE :D :D :D :D :D

V xxxxxxxxxxx
Shame I was just about to go out and P**s off some redknecks :D :D :D :D :D :D :D


Dee xxx

[DEE F]

I Know ,I am back to plan B now:D :D :D :D


Dee xxx

[Susie]

Thanks vip

This is very interesting and will pass onto Dustin our Mod, I do hope it can apply to him as he lost everything to a visa scammer and been helping police with their enquires ever since

[kirtida8]

Thanks, will do. keeping fingers crossed. ;)

[peter gold]

Define substantial physical and mental abuse It is so subjective. What is abuse to one is not to another.
I think the appliacnt would need some strong medical advice.

[Susie]

Define substantial physical and mental abuse It is so subjective. What is abuse to one is not to another.
I think the appliacnt would need some strong medical advice.

Hi

I think Dustin might qualify as he has proof eg doctors letter at least

[OberonSH]

I was just thinking the same thing Susie - if what that poor family have gone through (and others before you all jump on me for favouritism!) isnt mental abuse I have no idea what is.

Interesting to read the cap doesn't include family members - could be fun with a family of 12 kids....

[chris]

Does this mean that if we agree to shop all the illegals we can get U Visas?????

[OberonSH]

Only if they mentally abuse you first, possibly by getting every advantage under the sun leading you to a total nervous breakdown....

[punky]

Welcome Back V.

I don't think it will help Dustin as his case has already gone to court and doesn't hinge on his presence there.

The way I read it is that its created so victims can remain in the country while the case is investigated and prosecuted.

The “U” classification was created by Congress in the
Victims of Trafficking and Violence Protection Act

So its basically aimed at Chinese (sex-) slaves.

[kirtida8]

So its basically aimed at Chinese (sex-) slaves.

Oh damn - so close LOL

[Munish]

Great thread - I had no idea about this. I should have got injured while in the USA

[v2002]

Great thread - I had no idea about this. I should have got injured while in the USA............ OR get married while in USA munish Both will resut in same thing " keep you in USA" :D

[OberonSH]

I know, we can all get together and get someone to pimp us out. Any takers to be the Big Daddy?

[Kriz1]

Oh damn - so close LOL


:rofl: :rofl: :rofl: :rofl:

[kirtida8]

:rofl: :rofl: :rofl: :rofl:

And Sue, I want no comments from you on how close missy!!! ;) :naughty: :rofl: :rofl: :rofl: :rofl: :rofl: :rofl:

[v2002]

Hey kay ,
This might help you get few answers.....
Office of Communications
September 5, 2007
Fact Sheet
USCIS PUBLISHES RULE FOR NONIMMIGRANT VICTIMS OF
CRIMINAL ACTIVITY
U.S. Citizenship and Immigration Services is publishing an interim final rule that grants immigrant benefits to certain victims of crimes who will assist government and law enforcement officials in investigating or prosecuting the criminal activity.
“U” Nonimmigrant Status is set aside for victims of crimes who have suffered mental or physical abuse because of the crime and who not only have information regarding the activity, but also are willing to assist government officials in the investigation of the criminal activity. USCIS can grant up to 10,000 U-visas each year authorizing the holder to remain in the United States for up to four years.
BACKGROUND
Congress created the “U” nonimmigrant classification with 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 aliens and other crimes while, at the
same time, offering protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve immigrant crime victims.
QUESTIONS AND ANSWERS:
Q: How does one become eligible for U nonimmigrant status?
A: There are four statutory eligibility requirements: (1) the individual must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying 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.
Q: What qualifies as a “criminal activity?”
A: Qualifying criminal activity is defined by statute as that being an activity involving one or more of a long list of activities that violate Federal, State, or local criminal law – from murder, rape, torture, sexual exploitation, and extortion to witness tampering, obstruction of justice, false imprisonment, etc. This is not an exclusive list – in fact, the list of qualifying crimes represents the myriad types of behavior that can constitute domestic violence, sexual abuse, trafficking, or other crimes which vulnerable immigrants are often targeted.
www.uscis.gov
Q: What are the procedures to request U Nonimmigrant status?
A: Alien victims of crime must file a Petition for U Nonimmigrant Status (Form I-918). The form requests information regarding the petitioner’s eligibility for such status, as well as admissibility to the United States. Currently, USCIS has designated its Vermont Service Center as the centralized location to
receive all U Nonimmigrant petitions. Such centralization will allow USCIS officials to develop expertise in handling U nonimmigrant petitions.
Q: So, you’re saying that any alien can say they’re a victim of a crime and apply for this special
status?
A. Not quite. The petition for U nonimmigrant status must be filed by the alien victim and also contain a
certification of helpfulness from a certifying agency. That means the victim must provide 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.
Q: What qualifies as a “certifying agency”?
A. Certifying agencies include federal, state, or local law enforcement agencies, or a prosecutor, judge, or other authority that has responsibility for the investigation or prosecution of the criminal activity. The rule also includes other agencies such as child protective services, the Equal Employment Opportunity Commission, and the Department of Labor, since they have criminal investigative jurisdiction within their respective areas of expertise.
Q: What makes this any different from the other nonimmigrant classifications, such as T immigrant?
A. Other nonimmigrant classifications such as “T,” require an alien’s physical presence in the United States as a condition of eligibility. USCIS has determined that the statutory framework for U nonimmigrant status permits alien victims of qualifying criminal activity to apply for such status from
inside or outside the U.S.
Q: Can family members of the petitioner apply for U Nonimmigrant status?
A. While family members who accompany the petitioner can, under certain circumstances, obtain U nonimmigrant status, they cannot apply on their own behalf. The principal petitioner (alien victim) must petition on behalf of qualifying family members. If the principal petitioner is less than 21 years of age, qualifying family members include the principal’s spouse, children, unmarried siblings under 18, and parents. If the principal is 21 or older, qualifying members include the spouse and children of the principal. In order for a family member to obtain U nonimmigrant status, they must (1) be a qualifying family member (as described above), and (2) must be admissible to the U.S.The principal petitioner can file Form I-918, Supplement A, on behalf of their qualifying family members.
Q: Is there a cap on the number of U Nonimmigrant Status grants the agency can approve?
A: USCIS may grant not more than 10,000 principal aliens U nonimmigrant status in any given fiscal year (October 1 through September 30). 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 the agency believes will provide a stable mechanism by which victims cooperating with law
enforcement agencies can 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 – until their petitions can be adjudicated after the start of the following fiscal year.
Q: How long can one maintain the U nonimmigrant classification?
A: U nonimmigrant status cannot exceed four years; however, extensions are permitted upon certification from a certifying agency that the alien’s presence in the United States is required to assist in the investigation or prosecution of a qualifying criminal activity.
Q: Can an individual who has held U nonimmigrant status, eventually apply for permanent
resident status?
A. Yes. 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 best interest of the public.
Q: Is there a deadline for submitting U nonimmigrant status petitions?
A: No; however, USCIS encourages petitioners who have already been granted interim relief (see next answer for ‘interim relief’ explanation) to file Form I-918 within six months of the effective date of this rule. Quite simply, after this rule’s effective date, the interim relief process will no longer be in effect – the agency will not consider initial requests for interim relief. But, if a petitioner has properly filed a Form I-918, and the agency has not yet rendered a decision, interim relief will be extended until USCIS
adjudicates the petition.
Q: Are there fees associated with this new classification?
A: No. This program involves the personal well being of a few applicants and petitioners and USCIS’ decision to waive the petition fee reflects the humanitarian purposes of the statutes. Therefore, no fee will be charged for filing Form I-918 or for derivative U nonimmigrant status for qualifying family members. Petitioners must, however, pay the established fee for biometric services for each person ages 14-79 included with each petition. The biometric fee is currently $80 per person. Petitioners who are
financially unable to pay the biometric services fee may submit an application for a fee waiver.
Q: Absent the regulation, how many people would have received a U visa? And what is the status of those individuals?
A: We have received roughly 7,000 requests for U nonimmigrant status; of those, about 5,800 were approved. (These numbers include principal petitioners and their family members). USCIS developed a
formal, centralized system for interim relief. Simply stated, eligible petitioners were granted deferred action. That action allows the petitioner to apply for work and travel authorization. And, during January 2006, the agency issued guidance stating that petitioners granted deferred action and whose petitions for U visas are ultimately approved, will have that status recorded as of the date the request for interim relief was approved. This is important should the petitioner later request to adjust to lawful permanent resident
status.
Q: You’re issuing an “interim final rule,” but still seeking public comment. Please explain.
A. The Administrative Procedure Act (APA) allows for exceptions to the requirements for soliciting public comment before a proposed rule takes effect. USCIS believes that delaying the implementation of this rule any longer would be contrary to the public interest because further delay could expose
nonimmigrant victims of criminal activity to continued danger while leaving their immigration status in limbo. Public comment, however, is important; therefore, comments received will be addressed in the final rule. Nonetheless, because USCIS is publishing this as an “interim” final rule, it will take effect 30
days after publication in the Federal Register.
Q: Congress passed legislation nearly six years ago. Why has USCIS delayed in issuing the regulations?
A. The U visa provisions are complex; many difficult legal and policy issues required resolution. For example, we needed to define “victim” and then give meaning to “qualifying criminal activity.” Such issues led to intricate and often complicated discussions among the many agencies with which we needed
to coordinate. The administration of U visa provisions are markedly different from any other found in the immigration laws, such as the fact that the statute provides that the “qualifying criminal activity” must violate the laws
of the United States or occur in the U.S. (including Indian country and military installations) or the nation’s territories and possessions.
Keep in mind that the former Immigration and Naturalization Service drafted the regulations prior to the creation of the Department of Homeland Security (DHS). Once USCIS was transitioned into DHS, the draft rule was re-circulated among its newly created components.
Q. How can I formally comment on this proposal?
A. To comment on the proposed rule, please submit written comments on or before 60 days after publication in the Federal Register by one of the following methods:
• Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments.
• Mail: Director, Regulatory Management Division
U.S. Citizenship and Immigration Services
Department of Homeland Security
111 Massachusetts Avenue, NW, 3rd Floor
Washington, D.C. 20529.
Please reference DHS Docket No. USCIS-2006-0069 in your correspondence. This address can
be used for paper, disk, or CD-ROM submissions.
• Hand Delivery/Courier: Regulatory Management Division
U.S. Citizenship and Immigration Services
Department of Homeland Security
111 Massachusetts Avenue, NW, 3rd Floor
Washington, D.C. 20529
Contact Phone: (202) 272-8377


P.S - Peter this answers your question too......
(((We have received roughly 7,000 requests for U nonimmigrant status; of those, about 5,800 were approved.)))) :D
Thanks, will do. keeping fingers crossed. ;)

[v2002]

Hey kay pay spl. attention to THIS .....
This is important should the petitioner later request to adjust to lawful permanent resident............. WOHHHHHHhhhhHHHHHhhhhHHHHHhh
No kidding ........

Q: Can an individual who has held U nonimmigrant status, eventually apply for permanent
resident status?
A. Yes. 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 best interest of the public.
:D

[Sharon]

Welcome Back V.

I don't think it will help Dustin as his case has already gone to court and doesn't hinge on his presence there.

The way I read it is that its created so victims can remain in the country while the case is investigated and prosecuted.



So its basically aimed at Chinese (sex-) slaves.



Hi Punky

just read this extract from one of vip's posts, so maybe Dustin could benefit or apply at least



Q: What makes this any different from the other nonimmigrant classifications, such as T immigrant?
A. Other nonimmigrant classifications such as “T,” require an alien’s physical presence in the United States as a condition of eligibility. USCIS has determined that the statutory framework for U nonimmigrant status permits alien victims of qualifying criminal activity to apply for such status from
inside or outside the U.S.

[Susie]

Has anyone got further info on the T visa? with a web link that they can share, thanks

[peter gold]

Susie who is the ..." Spouse of victims of human trafficking, sex trade or forced labor" for a T visa

[peter gold]

U-1 Visa is Suitable For:
"Victims of criminal activity such as rape, torture, domestic abuse, sexual assault, prostitution, kidnapping, blackmail, false imprisonment or manslaughter" IMHO it would be a far stretch to make it apply to victims of fraud unless they can show sever mental illness

[Ray10]

I'm betting a few Iraqi informants will be using that ...

[byjove]

U-1 Visa is Suitable For:
"Victims of criminal activity such as rape, torture, domestic abuse, sexual assault, prostitution, kidnapping, blackmail, false imprisonment or manslaughter" IMHO it would be a far stretch to make it apply to victims of fraud unless they can show sever mental illness

OK! How can you be a victim of manslaughter and then apply for visa???? :rofl:

[Cassie]

The way my day has gone today I can be the 1st guinea pig if you like :D :D

[Susie]

The way my day has gone today I can be the 1st guinea pig if you like :D :D

Know exactly how you feel, the past few days for me have been horrendous, hope you have a better day tomorrow :)

[Susie]

OK! How can you be a victim of manslaughter and then apply for visa???? :rofl:

Well spotted, miss that

maybe they can apply from the other side? :rofl: :rofl:

[Susie]

Office of Communications
September 5, 2007
Fact Sheet
CERTIFYING U NONIMMIGRANT STATUS U Nonimmigrant Status Certification (Form I-918, Supplement B)
An alien victim of criminal activity may file for U Nonimmigrant Status – status set aside for victims of crimes who have suffered substantial mental or physical abuse because of the activity and who also are willing to assist law enforcement agencies or government officials in the investigation of that activity. In order to file for that status, the alien must provide a certification from a federal, state, or local law enforcement official certifying the following:
• The alien has been a victim of qualifying criminal activity;
• The alien possesses information about the qualifying criminal activity; and
• The alien has been, is being or is likely to be helpful to the investigation and/or prosecution of that qualifying criminal activity.
This certification must be executed using the U Nonimmigrant Status Certification (Form I-918, Supplement B). USCIS will give the certification significant weight during adjudication; however, it alone will not be the sole evidence that a petitioner meets eligibility requirements. USCIS will look at the totality of the circumstances surrounding the petition before rendering a decision.
It is important to note that a certifying agency is under no legal obligation to complete this certification. However, the alien petitioner will be ineligible for U nonimmigrant status without one. The petitioner is responsible for filing the completed certification with his/her initial Petition for U Nonimmigrant Status (Form I-918). Certifications shall be prepared by the certifying agency and should provide specific details about the nature of the crime being investigated and/or prosecuted and describe the petitioner’s helpfulness in the case. Form I-918 Supplement B must be prepared by a certifying agency, and signed by a qualifying official within six months immediately preceding the alien’s submission of Form I-918.
U NONIMMIGRANT STATUS CERTIFICATION SPECIFICATIONS
Qualified certifying agencies include:
• Federal, State or local law enforcement agencies; or
• Other agencies that have criminal investigative jurisdiction in their respective areas of
expertise such as child protective services, the Equal Opportunity Commission and the Department of Labor.
www.uscis.gov
Certifying officials include:
• The head of a qualifying certifying agency;
• Any person in a supervisory role in a qualifying agency who is specifically designated by the head of that agency to issue U nonimmigrant certifications; or
• Federal, State or local judges
Certification must contain an affirmation of the following:
• The official signing the certificate is authorized to do so;
• The agency is a federal, state, or local law enforcement agency, prosecutor, judge, or other authority having responsibility for the detection, investigation, prosecution, conviction, or sentencing of a qualifying criminal activity;
• The petitioner has been a victim of a qualifying criminal activity;
• The petitioner possesses information regarding that activity;
• The petitioner has been, is being, or will likely be helpful to the investigation; and
• The criminal activity violated U.S. law, or occurred within the United States, or its territories and possessions.
Qualifying criminal activity includes:
Abduction
Incest
Rape
Abusive Sexual Contact
Involuntary Servitude
Sexual Assault
Blackmail
Kidnapping
Sexual Exploitation
Domestic Violence
Manslaughter
Slave Trade
Extortion
Murder
Torture
False Imprisonment
Obstruction of Justice
Trafficking
Felonious Assault
Peonage
Unlawful Criminal Restraint
Female Genital Mutilation
Perjury
Witness Tampering
Hostage
Prostitution
Other Related Crimes
Note: Certifying agencies must notify USCIS in writing if, at any time, the petitioner unreasonably refuses to assist in the investigation of the criminal activity, or if the agency wishes to withdraw its certification for any other reason. Send that notice (including the alien’s name, date of birth and A-file number (if available) along with the reason for the withdrawal of the certification to:
U.S. Citizenship and Immigration Services
Vermont Service Center—U-visa Unit
75 Lower Welden St.
St. Albans, Vermont 05479-0001
Page 2

[Dustin]

Hi Punky

just read this extract from one of vip's posts, so maybe Dustin could benefit or apply at least



Q: What makes this any different from the other nonimmigrant classifications, such as T immigrant?
A. Other nonimmigrant classifications such as “T,” require an alien’s physical presence in the United States as a condition of eligibility. USCIS has determined that the statutory framework for U nonimmigrant status permits alien victims of qualifying criminal activity to apply for such status from
inside or outside the U.S.


Hi Guys

To let you all know I don't meet the requirements! (Not the crimes listed!) I was researching for weeks and yesterday went to London to meet James to discuss. I hate to say it but it cost me £80 to make this trip with all costs but is happy to say I do have a final option to try! Money well spent! I will let you all know how it pan's out as think we my need some help! Pls.!

Dustin

[Susie]

Hi Dustin

I am so sorry that James feels this visa will not work for you. I did read the words "and other Crimes" I would really like to know what the other crimes are, not only for my benefit but for the possiblity of others benefit.

I will continue my research into this and let you know and would just say, hang on in there where there is a will there is a way, just give me some time

[kirtida8]

Hi Guys

To let you all know I don't meet the requirements! (Not the crimes listed!) I was researching for weeks and yesterday went to London to meet James to discuss. I hate to say it but it cost me £80 to make this trip with all costs but is happy to say I do have a final option to try! Money well spent! I will let you all know how it pan's out as think we my need some help! Pls.!

Dustin

Sorry to hear that this route will not work for you, but whatever help you need with your other option, just let us know and I will be glad to help if I can. Keeping my fingers crossed for you.

[byjove]

OK! On this visa! Does anyone know if it would include victims of grand theft?

[Susie]

OK! On this visa! Does anyone know if it would include victims of grand theft?

All I know is it does say, and other crimes, whatever they are.

You could send an e-mail to the attorney generals office and explain the full situation and ask if you applied for this visa would it be granted