News Update - September 13, 2007

By Alan Lee, Esq.

USCIS Issues Interim Rules For Crime Victim “U” Visas

The U Nonimmigrant Visa was created by act of Congress in 2000 in the Victims of Trafficking and Violence Protection Act. The Act set aside 10,000 nonimmigrant visas for aliens who suffered substantial mental or physical abuse due to criminal activity and have the information and willingness to help law enforcement investigate and prosecute the activity. The criminal activity must have taken place within the U.S., its territories or possessions. The USCIS has now published interim rules for visa processing and issuance.

Applicants must meet certain criteria and must receive certification from federal, state, or local law enforcement agencies, prosecutors, judges, or other agencies with criminal investigative jurisdiction such as the Department of Labor (which has criminal investigative jurisdiction within its respective area of expertise), that the alien was a victim of a qualifying criminal activity, the alien has information about the activity, and has been or is likely to be helpful in the investigation and/or prosecution of that activity. The U nonimmigrant visa gives the holder up to 4 years stay in the U.S. and can be extended 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. Application is made on form I-918 Petition for U nonimmigrant status to the Vermont Service Center.


The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

This article © 2007 Alan Lee, Esq.

 

Copyright © 2003-2012 Alan Lee, Esq.
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