U visas

USCIS Policy Memo: Extension of Status for T and U Nonimmigrants (Corrected and Reissued)

October 4, 2016 PM-602-0032.2 Policy Memorandum (PM) SUBJECT: Extension of Status for T and U Nonimmigrants (Corrected and Reissued) Purpose This policy memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related Forms I-485, Application to Register Permanent Residence or Adjust Status. This PM rescinds and replaces PM 602-0032.1, as discussed below. This PM revises chapters 39.1 and 39.2 of the Adjudicator’s Field Manual (AFM). PM 602-0032.1 contained information relating to a derivative T nonimmigrant’s ability to adjust status to a lawful permanent resident (LPR). Under the…Read More Breaking News

Congratulations to The Shah Peerally Law Team for another great VAWA win!

VAWA are for those who had a bona marriage to a US citizen or greencard holder and who have been abused.  Today, we won a difficult VAWA case, the Shah Peerally law group including Shabana, Shah Peerally and attorney Sharif Silmi argued the case and we won. Here is what Sharif has to say about VAWA and U Visa. We have placed this both on podcast and youtube. Please share.Read More Breaking News

U Visa Fraud

  • Posted on May 22, 2016
  • /Under U visas
The U Visa is a life savior for many especially when they are victims of crimes of domestic violence. Unfortunately many have seen it fit to actually abuse it. It actually blows my mind when I realize someone will actually "fake" a police report in order to get a U visa. It is important for those who are victims to actually make sure that they are not lying on any of such reports. We have fought for many to actually get them a U visa and other benefits under VAWA. It is awful…Read More Breaking News

AILA and 300 Organizations Sign on a letter to reduce Delays on U Visas

RE: Significant Delays in adjudicating petitions for U Nonimmigrant Status May 16, 2016 The Honorable León Rodríguez Director, U.S. Citizenship and Immigration Servicesv Department of Homeland Security 20 Massachusetts Avenue, NW Washington, DC 20529 cc: Maria M. Odom, CIS Ombudsman Carrie Bettinger-Lopez, White House Advisor on Violence Against Women RE: Significant Delays in adjudicating petitions for U Nonimmigrant Status Dear Director Rodríguez: We, the 307 undersigned organizations that work with or otherwise support immigrant survivors of sexual and gender-based violence, respectfully wish to bring to your attention the increasing delays in adjudicating petitions for U…Read More Breaking News

Civil Penalties Related to Failure to Comply with Voluntary Departure Does not extend to U-1 non-immigrant victims

USCIS in a Memo adopts the decision of the court in the Matter of L-S-M. While the failure to voluntary depart might still apply to some VAWA cases, the court has made clear it does not apply to U Visa Holders. 2016-0513_Matter_of_L-S-M-_Adopted_Decision_2016-03_ clarifies that the exception to the civil penalties for failure to comply with an order of voluntary departure, available for certain victims of domestic violence or related abuse, does not extend to U-1 non-immigrant victims of qualifying criminal activity. See sections 240B(d)(1)-(2) of the Immigration and Nationality Act. That said, the…Read More Breaking News

California SB 674 mandates that agencies process certification of the U Visa

  • Posted on May 13, 2016
  • /Under U visas
Having taken effect January 1, 2016 a new California law, SB 674: Immigrant Victims of Crime Equity Act grants urgently needed help to immigrant crime victims and their families. The U Visa Certification Requirement Under Federal Law, noncitizen victims of certain crimes may be eligible for a pathway to a green card under a U visa. The U visa was created to assist law enforcement investigation and prosecution of crime by providing noncitizen victims of certain crimes who cooperate with law enforcement a pathway to a green card under a U visa. The…Read More Breaking News

Beware of Immigration Scammers!

May 2 2015 - It has been to our attention by many callers that they are receiving a call from someone claiming to be from immigration.  The voice is appearing with a caller ID of "911" telling people that if they don't pay $5000 or $10,000, they will be immediately deported.  Please note that all those callers are scammers trying to get money from poor immigrants knowing their fear. First of all the government does not call this way.  Second, there is a process before someone is deported. If you are victim of…Read More Breaking News

Guide to Law Enforcement on U and T Visas

The U visa is actually an important visa for many, as such the Department of Homeland Security has created a guide for law enforcement on U visas. We have essentially attached the guide to our series on U visas. U and T Visa Law Enforcement Resource Guide The Department of Homeland Security (DHS) provides this guidance to federal, state, local, tribal and territorial law enforcement officers. This public guidance primarily concerns law enforcement certifications for U nonimmigrant status, also known as U visas. The U visa is an immigration benefit that can be…Read More Breaking News

Justice Department Published complaints against Defendants on UNNJ cases

April 9 2016 - The UNNJ case is a sting operation by the DHS using a "fake university" called University of Northern New Jersey (UNNJ). The sting operation  has been going on since 2012.  As  the cases will unfold we will know whether the UNNJ students or ex-students were 'co-conspirators' or just victims? If they were victims or just witnesses, it will be appropriate for the government to issue  U visas or T visas accordingly. Until we finalize our research and do our own investigations, we cannot conclusively assess the possibilities of the…Read More Breaking News

Shah Peerally Law Group calling on Congress to increase the Visa Cap for Victims of Crimes known as the U visa Cap.

FOR IMMEDIATE RELEASE Newark CA April 5th 2016 - The Shah Peerally Law Group Pc, an immigration law firm in California, calls on Congress and President Obama to increase the U visa cap from 10,000 to 30,000. The law firm which had previously, with great success, championed for the H4 work permit and TPS for Yemen, has now set its goal to help immigrants who are victims of criminal activities. The U visa is given to those who are victims of certain crimes. Congress created the U non-immigrant visa with the passage of…Read More Breaking News

Did you know that many F1 students get U visas?

Recently we have a surge of F1 visa students who are eligible to file for the U visas. Scenarios that we meet are usually someone who is at work (even unlawful work) or just visiting a store for example, are attacked at their place of work with a deadly weapon such as a gun or a knife. Although the students were not hurt physically, it mentally disturbed them and eventually they helped the law enforcement to arrest the perpetrators or in their investigation. Such cases are common because there are many cases of…Read More Breaking News

U visa processing Times 2016

U Visa: Data Set: Form I-918 Application for U Nonimmigrant Status U visa is the visa that is offered for those who are victims of certain crimes. However, the U visa has one limitation which is the cap to 10,000 per year and many people who have filed in the past 2 years have been stuck on this track. When the U visa first started really being processed around 2007 and 2008, it was taking only few months for the Employment Authorization Documents to be issued.  Later it was taking one year, recently…Read More Breaking News

Court Success Story from our San Francisco Office – Congratulations to attorney Oliver Foland.

  • Posted on February 19, 2016
  • /Under Asylum
Seemingly Hopeless Removal Case Ends with Client at Home with Family Brief Facts: The client, a young man with a troubled background was put into removal proceedings after his second criminal conviction. Though at first it seemed as though the case could easily be resolved through a U visa, an extraordinarily generous visa in terms of its benefits and waivers, at the initial bond hearing it soon became clear that the case would be very difficult, as the Government counsel pushed strongly for his detention and removal and the judge quickly denied any…Read More Breaking News

Alert to U visa Applicants – Visa Cap Reached and VSC will no longer process I-918

November 16, 2015 - The VAWA, U, and T Unit at the VSC has notified AILA that it is not currently processing I-918 petitions for U nonimmigrant status, because all of VSC's resources are focused on updating the U visa cap numbers. As such, please note that members should not submit individual case liaison inquiries for I-918 cases at this time. AILA will update members as soon as the VSC resumes the processing of I-918 petitions.Read More Breaking News

Great News – The New Visa Bulletin shows a moving forward.

Finally after a fight, the petition of reducing the time for India EB2 seems to have been heard USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and…Read More Breaking News
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