USCIS would like to remind you that the following teleconference on T and U visas and the Violence Against Women Act (VAWA) will take place today, Wednesday, November 18, 2015 from 2:00 to 3:30 p.m. (Eastern).
THE INTENT OF T AND U VISAS
Provides temporary status to certain victims of human trafficking and other qualifying crimes
Strengthens law enforcement’s ability to investigate and prosecute human trafficking and other crimes
Encourages trafficked, exploited, and abused victims to report crimes, even if they don’t have lawful immigration status
THE T VISA
Form I-914, Application for T Nonimmigrant Status
Grants temporary status up to 4 years (with possibility for green card)
Allows temporary status for certain family members
Provides a work permit
Annual cap of 5,000
BASIC T VISA REQUIREMENTS
Victim of a severe form of trafficking in persons
Victim is physically present in U.S. on account of the trafficking
Victim must comply with reasonable requests to help investigate or prosecute the traffickers (some exceptions apply)
Victim must show that removal from U.S. would cause extreme hardship
THE U VISA
Form I-918, Petition for U Nonimmigrant Status
Grants temporary status up to 4 years (with possibility for green card)
Allows temporary status for certain family members
Provides a work permit
Annual cap of 10,000
BASIC U VISA REQUIREMENTS
Victim of qualifying criminal activity
Crime must have occurred in U.S. or violated U.S. law
Victim has credible & reliable information about crime
Victim must have been, is being, or is likely to be helpful to law enforcement in the investigation or prosecution of the qualifying crime
Victim suffered substantial physical or mental abuse as a result of qualifying crime
U VISA QUALIFYING CRIMES
Includes attempt to commit, conspiracy to commit, or solicitation to commit any crime on statutory list
Substantially similar crimes may also qualify
USCIS decides if a crime listed on the certification is a "qualifying" crime
U VISA STATUTORY LIST OF CRIMES
•Abduction
•Abusive Sexual Contact
•Blackmail
•Domestic Violence
•Extortion
•False Imprisonment
•Felonious Assault
•Female Genital Mutilation
•Fraud in Foreign Labor Contracting
•Hostage Taking
•Incest
•Involuntary Servitude
•Kidnapping
•Manslaughter
•Murder
•Obstruction of Justice
•Peonage
•Perjury
•Prostitution
•Rape
•Sexual Assault
•Sexual Exploitation
•Slave Trade
•Stalking
•Torture
•Trafficking
•Unlawful Criminal Restraint
•Witness Tampering
WHO IS A VICTIM?
Generally, it is the individual acted upon during the crime
Includes certain family members when the crime is murder/manslaughter, or when the direct victim is incapacitated or incompetent
VIOLENCE AGAINST WOMEN ACT (VAWA)
Provides immigration relief to victims of domestic violence
Victim does not need abuser’s cooperation to submit paperwork.
Victim can submit his/her own petition without abuser’s knowledge
BENEFITS OF VAWA
Victim can self-petition, they do not need a sponsor
After self-petition is approved, the victim may:
• Receive deferred action
• Get a work permit
Immediate relatives can submit Form I-485 (green card application) with Form I-360
• Immediate relatives are the spouse, child, and parent of a U.S. citizen
• Relatives who fall into a preference category can submit Form I-485 when a visa becomes available
WHO CAN FILE A VAWA SELF-PETITION?
Spouse—The abused spouse of a U.S. citizen or permanent resident (child may be included as a derivative beneficiary)
Child—The abused child(ren) of a U.S. citizen or permanent resident
Parent – The abused parent(s) of a U.S. citizen
VAWA immigration relief applies equally to women and men
BASIC VAWA REQUIREMENTS
•Has or had a qualifying relationship to the abuser
•Subjected to battery or extreme cruelty by the abuser
•Resides or resided with the abuser
•Good moral character
•The abuser must be a U.S. citizen or permanent resident
Special requirements for abused spouses:
- Is or was married to U.S. citizen or permanent resident
- Marriage was in good faith If the VAWA self-petitioner REMARRIES after the VAWA petition is approved, that is not grounds to revoke the approved petition
HOW TO APPLY?
•Complete Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
•Mail form and supporting evidence to Vermont Service Center
•There is no fee for Form I-360 VAWA petitions
THE VICTIM’S ADDRESS
•Victims may use a "safe address" on their petition
•"Safe address" can be the address of an attorney, preparer, shelter, or other safe place
•USCIS will use this safe address as the mailing address for all correspondence
•Congress created special protections for people with pending or approved VAWA, T, or U self-petitions
HOW TO CONTACT US
USCIS Vermont Service Center
Attn: Crime Victims Unit
75 Lower Welden Street
St. Albans, VT 05479
USCIS Public Engagement Division This email address is being protected from spambots. You need JavaScript enabled to view it.
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