U visa-Overview-for victims of crime

[Susie]

http://209.85.165.104/search?q=cache:JbTqQxaHy0wJ:nationalimmigrationpro ject.org/DVPage/Instructions_for_Completing_U_Certification.doc+u+ visa&hl=en&ct=clnk&cd=5&gl=us&client=firefox-a



INSTRUCTIONS FOR COMPLETING

THE U VISA CERTIFICATION FORM

Overview of the U Visa

In October 2000, Congress passed the Victims of Trafficking and Violence Protection Act (the Act). As part of this Act, Congress sought to strengthen the ability of law enforcement agencies to detect, investigate and prosecute crimes against immigrants. In order to do this, Congress recognized that victim cooperation and assistance is often the key to effective detection, investigation and prosecution of crimes. And, where the victims are immigrants, their immigration status in the United States can directly affect their ability to cooperate and assist in these efforts. Thus, Congress provided a specific avenue for immigrant crime victims to obtain lawful immigration status. Congress did this by amending certain sections of the Immigration and Nationality Act (INA) to create the “U visa”.

To qualify for a U visa, an applicant must demonstrate that she meets the requirements set forth at INA Sec. 101(a)(15)(U); 8 U.S.C. 1101(a)(15)(U). This provision requires, among other things, that the U visa applicant include with her/his application a certification from a Federal, State or local qualifying official (such as, but not limited to a law enforcement officer, prosecutor or judge). This certification must affirm that the immigrant victim, “has been helpful, is being helpful, or is is likely to be helpful” in the investigation of certain criminal activity set forth in the statute. The following completed certification form will be submitted to the Immigration and Naturalization Service (INS) by the immigrant victim as part of her/his application for a U visa.

If the INS approves the U visa application, the immigrant will be deemed a “lawful temporary resident” of the United States for a period of up to three years. This means that s/he will be permitted to live and work legally in the United States for the duration of the U visa. At the end of three years, an immigrant in U visa status is eligible to apply to become a lawful permanent resident (greencard holder).

Instructions for Completing the U Visa Certification

Question One

The law requires that the certification be provided by a Federal, State or local law enforcement official, prosecutor, judge, or other Federal, Statre, or local authority with the power to investigate (or oversee the investigation of) criminal activity. Question one provides INS with the information to establish that are an official under one of these categories and, thus, qualified to provide the applicant with the requisite certification.



Question Two

For purposes of the certification, the law limits the U visa to immigrant victims of certain types of criminal offenses. In this question (statement) you are certifying to INS that you have the authority and expertise to investigate criminal offenses and that some or all of the criminal offenses you are authorized to investigate fall within the types of offenses listed in Question Two.

Question Three

Based on your understanding of the criminal activity in relation to this case, this question asks you to identify specific provisions of Federal, State or local laws that this criminal activity MAY violate. It is important to note that the immigration law governing the U visa and these certifications only requires that there be criminal activity that could be, has been, or is the subject of investigation and that this criminal activity relate to a violation of a criminal law(s) that fall within one of the categories of crimes listed in Question Two. The law does not require that there is presently a pending investigation in relation to this criminal activity. Nor does the law require that the criminal activity at issue be legally sufficient to support the filing of an indictment or to sustain a conviction. Additionally, it is important to note that you do not need to be the official actually conducting an investigation into this criminal activity. In order to complete the U visa certification form, you need only be an official who is authorized to investigate the types of criminal activity listed in Question Two.

Example: Officer Hardy is a law enforcement officer with the Yakima County Sheriff Department. An attorney for Ms. Lazarus comes to him and requests that he complete a certification in support of her U visa application. Ms. Lazarus is an immigrant victim of repeated and brutal assaults from her live-in companion, Mr. Lamar. She lives outside the city of Yakima, Washington. Several weeks previously, Ms. Lazarus called the sheriff when Mr. Lamar began assaulting her. Officer Hardy talks with Ms. Lazarus and reviews the police report in relation to the incident that was filed by one of his fellow officers. He determines that the criminal activity at issue here relates to a violation of Washington criminal law that constitute types of offenses listed in Question Two. He then fills in question three with the citation to two sections of Washington criminal law: R.C.W. 9A.36.021 Assault in the second degree and R.C.W. 9A.40.040 Unlawful imprisonment.

Question Four

This question asks that you indicate the date and location of the suspected criminal activity. If the criminal activity took place over time and in numerous locations, please indicate as such.

Question Five

This question establishes the identity of the primary U visa applicant and asks you to indicate that s/he is, has been, or is likely to be helpful to an investigation into the criminal activity at issue in the case. Again, note that it is not a requirement that there has been or is presently an investigation pending into the criminal activity.

The second part of this question is relevant where the primary applicant/immigrant victim has relatives who may also qualify for U visa status. The law simply requires that you make an assessment as to whether any investigation in relation to the criminal activity would be harmed without the assistance of the parent, spouse or child of the principal immigrant victim. Harm in this instance may include any risk that would compromise an investigation into the criminal activity.

Question Six

This question asks you to briefly describe the relevant information that the primary applicant possess in relation to this criminal activity.

Continuing with the example used in Question Three: Officer Hardy might complete this section by filling in Ms. Lazarus name and then stating in the space provided:

“Ms. Lazarus is the primary victim of the suspected criminal activity in this case. She, therefore, can provide eye-witness testimony regarding the criminal activity believed to have been committed by Mr. Lamar.”

Question Seven

The law requires that the criminal activity at issue fall within one of these broad categories.

Completed Certifications

The applicant is required to submit this form with his/her application. Once you have completed the certification form, return it to the immigrant victim or her/his attorney or advocate. DO NOT mail this form separately to the INS.



U VISA CERTIFICATION FORM

I, ____________________________________,hereby affirm the following:

(NAME)

1. I am a: (check one)



____ Federal official ____ State official ____ Local official

(municipal, district, county)

_____ INS officer* (see 2B below)



Specifically, I am a: (check one)

____ Law Enforcement Officer ____ Prosecutor;

____ Judge ____ Other Investigating Authority.

______________________________________________

(JOB TITLE)

__________________________________________________ _____

(NAME OF EMPLOYER)

__________________________________________________ _____

(STREET ADDRESS/LOCATION)

__________________________________________________ _____

(CITY, STATE & ZIP CODE)

__________________________________________________ _____

(TELEPHONE)

2A. I am responsible or the agency for which I work is responsible for investigating (or overseeing the investigation of) criminal activity involving or similar to violations of (some or all of) the following types of offenses under Federal, State or local criminal laws: 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 OR

*2B. I am an INS officer with information not limited to immigration violations related to criminal activity described above or similar criminal activity.



3. The criminal activity at issue in this case may involve (but is not limited to) possible violations of the following criminal laws:

(PROVIDE STATUTE OR CODE CITATION(S) AND OFFENSE NAME(S))

__________________________________________________ ______________________

__________________________________________________ ______________________

and based on my expertise and understanding of these laws, I have determined that these laws fall within the list of offenses set forth in Question #2 or is similar activity violating Federal, State or local criminal law.

4. It is suspected that this criminal activity occurred on or about:

(SPECIFY AS MUCH AS POSSIBLE DATE(S) AND LOCATION(S) OF CRIMINAL ACTIVITY)

__________________________________________________ ______________________


5. I affirm that ____________________________________: (CHECK ALL THAT APPLY)

(NAME OF U VISA APPLICANT)**

____ has been helpful;

____ is being helpful;

____ is likely to be helpful

in an/the investigation and/or prosecution of this criminal activity.

6. I affirm that __________________________________ possesses relevant information

(NAME OF U VISA APPLICANT)**

relating to this criminal activity. This information includes (but is not limited to) the following: (PROVIDE BRIEF DESCRIPTION OF INFORMATION)

__________________________________________________ ______________________

__________________________________________________ ______________________

__________________________________________________ ______________________

__________________________________________________ ______________________

** If the U visa applicant is under the age of 16, please certify that the applicant's parent, guardian or "next friend" meets these requirements.



7. I affirm that this criminal activity occurred: (CHECK ALL THAT APPLY)

____ in the United States (including Indian country and military installations);

____ in territories and possessions of the United States; OR

____ outside the United States, but violated United States’ laws.

Certification for applicant's spouse, child or parent

8. This investigation and/or prosecution would be harmed without the assistance of

_________________________________________

(NAME OF APPLICANT’S SPOUSE, CHILD OR PARENT)

who is the ____ spouse ____ child ____ parent of the applicant listed above.


______________________________ ________________________

SIGNATURE DATE

[Susie]

http://www.visalaw.com/06feb3/2feb306.html

The ABC of the U VIsa



The ABC’s of Immigration: U Visas



In 2002, Congress passed the Victims of Trafficking and Violence Protection Act (VTVPA). The VTVPA created a special nonimmigrant classification designated as the U visa for victims of specific crimes. This article addresses the requirements and issues for potential U visa applicants.



Is the U visa currently available?



Although the VTVPA created the U visa five years ago, the actual visa will not be available until the Department of Homeland Security promulgates regulations for issuance for the U visa. In the meantime, "U visa interim relief" allows for deferred action and work authorization. This means that those persons who wish to apply may submit applications for the U visa to the USCIS Vermont Service Center (USCIS VSC). The USCIS should defer action on the alien's current presence in the United States subject to interim review by the USCIS.



Still, controversy over the five-year delay in issuing regulations has arisen in federal courts. A coalition of civil rights organizational plaintiffs and nine individual immigrant plaintiffs filed suit against the Department of Homeland Security (DHS) Secretary Michael Chertoff challenging the USCIS failure to adjudicate U visa applications and issue U visas to eligible immigrant applicants. Despite multiple written requests by the individual plaintiffs, who were victims of crimes listed in the VTVPA and who assisted law enforcement officials in the investigation and the prosecution of the offenders, the Defendants have not responded by providing the requested relief which includes providing the regulations and issuing the U visas. In addition to the relief stated in the suit and in the ignored requests, Plaintiffs' class counsel recommends that new applications should be accompanied by cover letters that state the applicant is prima facie eligible for a U visa and that the applicant requests prompt regulations for the issuance of the U visa with guidelines, the issuance of a U visa while requesting "deferred action" only if the USCIS refuses to issue the U visa.



In response to the lawsuit against Secretary Chertoff, Congresswoman Sheila Jackson Lee (D-TX), who recently proposed major immigration reform legislation to Congress, publicly expressed her shock that the DHS has failed to promulgate regulations for the U visa which took only a couple of months for Congress to debate and implement. The U visa reflects public policy concerns upheld by Congress to provide humanitarian relief to victims of certain crimes and to bring dangerous criminals to justice.



For more information on this lawsuit, please visit the Center for Human Rights and Constitutional Law (CHRCL) website for immigrants' rights at http://www.vocesunidas.org



Who is eligible for the U Visa interim relief?



Currently, the interim relief U visa is available to those who meet all four basic requirements as follows:



1. Aliens who can show substantial suffering as the result of physical or mental abuse as

a result of being the victim of certain criminal activity;



2. Aliens who possess information about that criminal activity;



3. Aliens who have been, or is being, or will be helpful or is likely to be helpful to

Federal, State, or local authorities.



4. The criminal activity described violated the laws of the US and occurred in the US or

in territories of the US. Criminal activity in violation of Federal, State, or local

criminal law includes rape; torture; trafficking; incest; domestic violence; sexual

assault; abusive sexual contact; being held hostage, female genital mutilation; sexual

exploitation; prostitution; peonage; unlawful criminal restraint; abduction; kidnapping;

slave trade; involuntary servitude; false imprisonment; blackmail; extortion;

manslaughter; murder; felonious assault; witness tampering; obstruction of justice

perjury and any attempt to commit any of these crimes.[1] Other crimes may apply



What forms are required by the USCIS VSC for filing a U visa application?



Although no particular form is required for the U visa application, each application will require certain documentation depending on the nature of the case. Application cover letters should clearly state the applicant's basis for requesting the U visa and explain why each submitted document is relevant. The application should include a declaration by the applicant describing the abuse or criminal activity suffered by the applicant relevant to the U visa eligibility. The applicant must give all personal information such as personal identification, copies of passports, birth certificates (translated) and I-94 documents for all persons applying for both the U visa and the derivative U visa.

What forms of evidence are required by the USCIS VSC for determination of the U visa application?

The application must include law enforcement certification which can be obtained during the investigation or prosecution of the criminal activity. The certification must come from a Federal, State, or local law enforcement official, prosecutor, judge investigating or prosecuting the criminal activity. Since no official certification form exists, a letter or other form created by the applicant’s representative will be sufficient, but must be signed by the law enforcement official within the past six months and must include the following statements by the certifying official:

· The person was a victim of a crime as listed in the VTVPA (listed above).

· The crime must be identified.

· Verification that the person is useful or likely to be useful in the investigation or the prosecution of the criminal activity.

In cases involving substantial physical and/or mental abuse, the applicant include a personal declaration describing the abuse, photos documenting the abuse, medical reports, declarations by witnesses, law enforcement officials or medical officials, or any other evidence that documents the stated abuses suffered by the applicant.



Which USCIS field office accepts the U visa applications ?



Due to prior inconsistencies in the determination of the U Visa, the USCIS Vermont Service Center (USCIS VSC) is the designated "clearing house" for U visa applications. For more information on the USCIS VSC, please visit http://uscis.gov/graphics/fieldoffices/stalbans/aboutus.htm#anchor1618781.





Can aliens who have been granted the U visa apply for work authorization?



Even though the U visa is not an immigrant status, the alien who has received deferred action may apply for work authorization by filing Form I-765, Application for Employment Authorization. Such authorization is subject to yearly review.



What is the duration of interim relief U status once eligibility for deferred action is found?



VSC officers will conduct interim reviews of the deferred action cases to determine if there has been any change in the circumstances of the case. Upon these reviews, VSC officers will determine whether the interim relief U status should be continued or terminated.



What are the grounds for termination of the interim relief U status?



Interim relief U status can be terminated for changes of circumstances in the case so that it no longer warrants deferred action. Furthermore, interim relief U status can be terminated for conduct or a condition that was not disclosed prior to issuance of interim relief.



What happens if the interim relief U status is terminated?



Determinations of termination of the interim relief U Status cannot be appealed. Termination cancels the deferred action and revokes related work authorization.



Can aliens in removal proceedings and with final removal orders apply for the U visa?



The VSC does not have jurisdiction to assess deferred action for individuals who in removal proceedings or who have final orders of removal.



Who is eligible for the derivative classification of the U visa?



To avoid extreme hardship, the VTVPA allows interim relief U status for applicants' spouses, children and parents of those U visa applicants under the age of 16. Applicants for the derivative status must provide certification from a government official that an investigation or prosecution would be harmed without the assistance of the derivative applicant. Those family members eligible for interim relief U status who are present in the United States must also demonstrate extreme hardship if removed.

[1] The fact that the criminal activity occurred years prior to the current request, or that the case in which the applicant was victim is currently closed, are not determinative factors in determination at this stage. See ”Centralization of Interim Relief for U Nonimmigrants Status Applicants” By William Yates, Associate Director of the USCIS dated October 8, 2003.

[Susie]

Updates on U visa at 17th Sept 2007



http://www.shusterman.com/pdf/uregs.pdf

[Susie]

http://209.85.165.104/search?q=cache:8DwUFe5FDP4J:www.ilrc.org/resources/U%2520Visa/Frequently%2520Asked%2520Questions.html+u+visa&hl=en&ct=clnk&cd=1&gl=us&client=firefox-a



U VISAS: Immigration Relief

for Victims of Certain Crimes

FREQUENTLY ASKED QUESTIONS

The following provides brief answers to frequently asked questions about U visas. This is only a general summary of information about U visas. If you are considering submitting a request for U visa relief, please visit the National Immigration Project of the National Lawyers Guild website: at www.nationalimmigrationproject.org.

► What is a U Visa?

The U visa was created by the Victims of Trafficking and Violence Prevention Act, enacted in October 2000. It is available to noncitizens who 1) have suffered substantial physical or mental abuse resulting from a wide range of criminal activity, and 2) have been helpful, are being helpful or are likely to be helpful with the investigation or prosecution of the crime. The U visa provides eligible immigrants with authorized stay in the United States and employment authorization.

► Are U Visas Available?

Not exactly. U visas cannot be issued until the Department of Homeland Security (DHS) issues regulations making them available. Until then, no one is receiving an actual U visa. However, in the meantime, the DHS has made an interim form of relief available. It is referred to as "U nonimmigrant status interim relief" or "U visa interim relief." Eligible individuals who request U visa interim relief can receive deferred action, which would also allow them to obtain employment authorization.

► Who Is Eligible For U Visa Interim Relief?

There are four basic eligibility requirements for U visa interim relief:

* The immigrant has suffered substantial physical or mental abuse as a result of having been a victim of certain criminal activity;

* The immigrant possesses information concerning that criminal activity;

* The immigrant has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution the criminal activity; and

* The criminal activity described violated the laws of the United States or occurred in the United States.


► Who Is NOT Eligible For U Visa Interim Relief?

Currently, the guidance from DHS states that the Vermont Service Center (VSC) cannot grant interim relief to noncitizens in immigration proceedings. The guidance also suggests that noncitizens with "aggravated felonies," as defined in immigration law, also are not eligible, nor are "absconders" (noncitizens with a final removal order.) Also, if a noncitizen is currently in a valid non-immigrant status, she is not eligible for deferred action unless she relinquishes her existing status.

Please contact Sally Kino****a (sally@nationalimmigrationproject.org) or Gail Pendleton (gail@nationalimmigrationproject.org) if you have clients in these categories to discuss strategies for helping your clients!

► What Criminal Activities Are Covered By the U Visa Interim Relief?

In order to qualify for U Visa interim relief, the immigrant must be the victim of one or more of the following crimes 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; 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 the above mentioned crimes.



? What Kind of Documents Should Be Submitted With A U Visa Interim Relief Request?

As there is no official "form" for requesting U Visa interim relief, each U visa interim relief application will look different and must be tailored to each individual case. However, each application should include the following elements (* = mandatory):

NOTE: ALWAYS KEEP A COPY FOR YOUR FILE.

● Cover letter*

Every application should include a cover letter summarizing everything included in the application. The cover letter should act as a road map to the entire application.

● Applicant’s Declaration*

Declarations should be detailed, describing the abuse and how the applicant meets each U visa requirement. IT DOES NOT NEED TO BE NOTARIZED.

● Personal Information*

The application should include some form of personal identification (such as translated copy of a birth certificate, an I-94 etc.)

● Documentation Regarding Criminal Activity*

* U Visa Certification Form* (sample form at
* www.nationalimmigrationproject.org, go to U Visa section). Police report of crime
* Copy of the crime as stated in applicable penal code.
* Restraining Order and related declarations used to obtain the restraining order.

● Documentation of Substantial Physical and/or Mental Abuse*

* Detailed in the applicant’s declaration*
* Declarations of witnesses to abuse
* Declarations of police, health care workers etc.
* Medical reports documenting the effects of physical or mental abuse to applicant
* Reports or evidence of appointment with counselors, shelters etc.
* Photographs that document the abuse

► What is a Law Enforcement Certification?

The law enforcement certification is essential to the U visa application. It is best to obtain the certification during the investigation or prosecution of the criminal activity while the evidence is fresh. The certification must come from a Federal, State, or local law enforcement official, prosecutor, judge investigating or prosecuting the criminal activity. There is no official certification form. The certification, which may come in the form of a letter or other form created by the applicant’s representative, must be signed by the law enforcement official within the past six months and include the following information:

● it must state that the immigrant was a victim of one or more crimes protected under U visa;

● it must identify the crime(s); and

● it must verify the victim is, has been, or is likely to be helpful to the prosecution or investigation of the criminal activity.

The National Immigration Project of the National Lawyer’s Guild has made a sample certification form available online along with an explanation for law enforcement officers of the form and its purpose at www.nationalimmigrationproject.org. Click on U visa.



► Where Do I Send My Request for U visa Interim Relief?

Requests for U visa interim relief should be sent to:

U.S. C.I.S. Vermont Service Center
VAWA Unit, Box 1000
75 Lower Welden Street
St. Albans, VT 05479-0001

All Requests Should Be Clearly Marked In Large Letters: DO NOT OPEN IN THE MAILROOM.

► What Form Do I Use To File A U Visa Interim Relief Request?

There is no official form to apply for U visa interim relief. For a summary of what a U visa interim relief application should include, please see the section above entitled, What Kind of Documents Should Be Submitted With A U Visa Interim Relief Request?

► Is There A Filing Fee For Requesting U Visa Interim Relief?

No. A filing fee has not been assigned to the U visa interim relief request.

► Can I Qualify For U Visa Interim Relief If I Was A Victim Of A Past Crime?

Yes. Victims of past crimes are still eligible for U visa interim relief, assuming that the applicant meets the U visa requirements.

► Will I Be Eligible For a Work Permit/Employment Authorization If I Am Approved for U Visa Interim Relief?

Yes. If a U visa interim relief request is approved and deferred action is granted, the applicant will be notified that s/he may submit an I-765, Application for Employment Authorization. The I-765 should be filed with VSC with proof that the applicant has an economic need for employment. The applicant will be required to renew the employment authorization each year. An I-765 may be filed concurrently with the request for U visa interim relief. An applicant must submit the appropriate filing fee with the I-765, unless an appropriate request for a fee waiver accompanies the application.

► Will U Visa Interim Relief Make Me Eligible For Lawful Permanent Residency Status (a Green Card)?

Not yet, possibly in the future. The U visa interim relief is not an actual U visa, it is only interim relief until the U visa regulations are written and U visas are issued. Therefore, a U visa interim relief holder is not eligible to apply for lawful permanent residency/green card.

Once the regulations are written and actual U visas are issued, a U visa holder may become eligible for lawful permanent residence. After three years, a U visa holder may apply for lawful permanent residence, if s/he has maintained continuous residence in the U.S. for at least three years, and if it is determined that his/her continued presence in the U.S. is justified on humanitarian grounds, ensures family unity, or is otherwise in the public interest. The adjustment application will be denied if it is determined that the U visa holder unreasonably refused to assist with a criminal investigation or prosecution.

► If I am Granted Deferred Action Through a Request for U Visa Interim Relief, Will My Deferred Action Last Indefinitely?

No. Deferred action is valid for a period of one year unless it is terminated earlier for reasonable cause and upon appropriate notice. A request for an extension of deferred action must be submitted every year before its expiration.

► If I have a pending or approved application for deferred action through a request for U visa interim relief, may I travel outside of the United States?

Not advisable. Travel is always risky. There is no procedure in place at this time for U visa interim relief applicants or recipients to receive advance parole or some other permission to travel. If someone leaves and comes back, they may not be able to get back into the country.

► Am I at Risk for Deportation or Removal if I Submit a Request for U Visa Interim Relief?

Maybe. Anyone who is not in valid status in the United States, who submits an application or request to the DHS, runs the risk of being placed in removal proceedings if they are not eligible for any form of immigration relief.

Those at greatest risk are individuals requesting U visa interim relief who are clearly ineligible for a U visa and individuals with aggravated felonies. Those cases will be referred to Immigration and Customs Enforcement and a possible "Notice to Appear" for removal proceedings may be issued.

In addition, U visa applicants must show they are not "inadmissible." DHS may deny status to applicants who have committed visa fraud, made false claims to United States citizenship, or been convicted of a crime. These are only examples of things that make applicants inadmissible. Even though there is a waiver, you should not file applications in such cases without consulting an experienced U visa mentor. Again, please contact Sally Kino****a (sally@nationalimmigrationproject.org) or Gail Pendleton (gail@nationalimmigrationproject.org) with these questions.

FINALLY, UNTIL WE KNOW WHAT THE REGULATIONS SAY, ANY APPLICATION FOR INTERIM RELIEF MAY EXPOSE AN APPLICANT TO EVENTUAL REMOVAL. ALTHOUGH WE WILL CHALLENGE THE REGULATIONS IF THEY DENY STATUS TO PEOPLE CONGRESS INTENDED TO HELP, DHS MAY REMOVE NONCITIZENS BEFORE WE SUCCEED.

► Can a U Visa Interim Relief Recipient Obtain Relief For His/Her Family Members?

Possibly. An immigrant who receives U visa interim relief may be able to obtain relief for his/her spouse, children, and parent (in the case of a child applicant under the age of 16). However, the eligible family member must prove extreme hardship if removed from the United States and provide a certification that states the investigation or prosecution would be harmed without their assistance.

► Are U Visa Interim Relief Requests Confidential?

Yes. Information included in the U visa interim relief request may not be disclosed or used by anyone other than sworn officers of the Department of Homeland Security (DHS). Furthermore, determination of a U visa interim relief request cannot be based solely on information provided to the DHS by someone who has battered or abused the applicant.