UVisa

The U visa is a nonimmigrant visa category available to certain victims of qualifying crimes who have suffered mental or physical abuse and are willing to assist law enforcement agencies in investigating or prosecuting those crimes. The U visa was created to encourage undocumented immigrants to come forward and report crimes, ensuring public safety and providing protection to victims who may fear cooperating with law enforcement due to their immigration status.

Here is an explanation of the U visa process:

Eligibility: To be eligible for a U visa, an individual must meet the following criteria:

• Be a victim of a qualifying crime that occurred in the United States or violated U.S. laws.
• Suffered substantial mental or physical abuse as a result of the crime.
• Have information about the crime and be willing to cooperate with law enforcement in its investigation or prosecution.

1. Certification from Law Enforcement: The first step in the U visa process is to obtain a certification from a qualifying law enforcement agency. This certification, known as Form I-918, Supplement B, must be completed by a law enforcement official, prosecutor, judge, or other designated authority. It confirms that the individual was a victim of a qualifying crime and has been, is being, or is likely to be helpful in the investigation or prosecution of that crime.
2. Application Submission: Once the Form I-918, Supplement B, is obtained, the victim can file the U visa application, Form I-918, with the U.S. Citizenship and Immigration Services (USCIS). The victim's immediate family members may also be included in the application as derivative U visa applicants.
3. Cap Limitations: The U visa category has an annual cap of 10,000 visas. If the cap is reached in a fiscal year, any eligible applicants will be placed on a waiting list and granted a "Deferred Action" status, which provides temporary protection against deportation until a U visa becomes available.
4. Application Processing: USCIS will review the U visa application and may request additional evidence to verify the victim's eligibility. The applicant may be required to attend an interview at a USCIS office. If approved, the U visa will be granted, and the applicant will receive work authorization.
5. U visa Duration: U visas are initially granted for up to four years. After three years of holding U visa status, the individual may be eligible to apply for lawful permanent residency (green card) if certain conditions are met.
6. Benefits of the U Visa: U visa holders and their qualifying family members can live and work legally in the United States during the visa validity period. Additionally, U visa holders may be eligible for public benefits and services available to victims of crime.

The U visa process can be complex, and it's essential for victims to seek assistance from legal professionals. The process is designed to protect and support crime victims while ensuring cooperation with law enforcement agencies to enhance public safety. Contact our immigration lawyers today by using the online form or calling us at 210.227.3200. During the consultation, we will listen to your case and move forward with appropriate guidance and legal options.

The Violence Against Women Act (VAWA) is a landmark piece of legislation in the United States that was first enacted in 1994 and has been reauthorized and expanded since then. It is designed to protect victims of domestic violence, sexual assault, and other qualifying crimes, regardless of gender, and provides avenues for certain immigrant victims to obtain legal immigration status independently of their abusers.

1. Purpose of VAWA: The primary purpose of VAWA in the context of immigration is to offer protection and assistance to immigrant victims who have suffered abuse at the hands of a U.S. citizen or lawful permanent resident spouse, parent, or adult child. It also applies to certain immigrant victims who are married to non-immigrants or have had abusive non-immigrant parents.
2. Eligibility Criteria: To qualify for immigration benefits under VAWA, the applicant must meet specific eligibility criteria, including:
   a. Relationship with the Abuser: The applicant must have a qualifying familial relationship with the abusive U.S. citizen or lawful permanent resident. This includes being a spouse, child, or parent.
   b. Evidence of Abuse: The applicant must provide credible evidence to demonstrate that they have been subjected to battery or extreme cruelty by the abuser. This evidence can include police reports, medical records, affidavits from witnesses, photographs, or any other relevant documentation.
   c. Good Moral Character: The applicant must show good moral character, except in cases where the abuse itself has contributed to certain criminal activities.
3. Self-Petitioning Process: One of the unique features of VAWA is that it allows the victim to self-petition for immigration benefits without relying on the abuser to sponsor their application. This is crucial, as many victims might fear deportation or retaliation if they seek help from their abusive family member.
4. Confidentiality Provisions: VAWA includes provisions to protect the confidentiality of the victim's information during the application process. This is to ensure the safety of the victim and prevent any potential retaliation from the abuser.
5. Immigration Benefits: Upon approval of the VAWA self-petition, the victim may be eligible for certain immigration benefits, such as:
   a. Lawful Permanent Residency (Green Card): If the self-petition is approved, the applicant may be granted lawful permanent residency, allowing them to live and work permanently in the United States.
   b. Work Authorization: While the VAWA self-petition is pending, the victim may be eligible for a work permit to support themselves financially.
6. Derivative Benefits: VAWA also extends protection to certain qualifying family members of the victim, known as derivative beneficiaries. This means that eligible children of the victim may also be granted immigration benefits under VAWA, even if they are not direct victims of the abuse.

It's important to note that VAWA is a complex legal process, and applicants are encouraged to seek assistance from qualified immigration attorneys. The process aims to empower victims to break free from abusive situations and start anew in a safe and secure environment in the United States.  Contact The Trevino Law Firm, PLLC today by filling out the online form or calling us at 210.227.3200 to schedule a consultation.

Inadmissibility waivers, also known as waivers of ineligibility, are provisions within U.S. immigration law that allow certain individuals who would otherwise be considered inadmissible to the United States to seek permission to enter or adjust their status despite their ineligibility. 

Inadmissibility refers to various grounds that can bar someone from entering or residing in the U.S., such as certain criminal convictions, health-related issues, immigration violations, or past misrepresentations.

There are several types of inadmissibility waivers, each catering to specific grounds of ineligibility. Here's an overview of the most common types and the general process for each:

I-601 Waiver (Waiver of Grounds of Inadmissibility):

• Purpose: This waiver is available to immigrants who are inadmissible based on certain grounds, such as unlawful presence, fraud or misrepresentation, criminal offenses, or certain immigration violations.
• Process: To apply for an I-601 waiver, the applicant typically needs to submit a comprehensive waiver application along with supporting evidence. They must demonstrate that their qualifying relative(s) (such as a U.S. citizen or permanent resident spouse or parent) would suffer extreme hardship if the waiver is not granted. Extreme hardship is a high standard and requires compelling evidence to establish its impact on the qualifying relative(s).

I-601A Waiver (Provisional Unlawful Presence Waiver):

• Purpose: This waiver is specifically for certain immediate relatives of U.S. citizens who are ineligible for adjustment of status in the United States due to unlawful presence.
• Process: The applicant first files a Form I-601A with U.S. Citizenship and Immigration Services (USCIS) and awaits a decision before departing the U.S. to attend an immigrant visa interview at a U.S. consulate abroad. The applicant must demonstrate that their U.S. citizen spouse or parent would experience extreme hardship if they are not allowed to return to the U.S. after the visa interview.

I-212 Waiver (Permission to Reapply for Admission after Deportation or Removal):

• Purpose: This waiver is for individuals who have been deported or removed from the United States and wish to seek readmission.
• Process: The applicant must file Form I-212 with USCIS or the U.S. consulate abroad and demonstrate that their reentry is justified despite their prior deportation or removal. This typically requires showing strong evidence of rehabilitation or a significant change in circumstances.
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It's important to note that the waiver process can be complex and case-specific, and applicants are strongly encouraged to seek legal counsel or assistance from an experienced immigration attorney to navigate the application process successfully. Additionally, eligibility criteria and procedures for waivers may change over time, so it's essential to refer to the latest information provided by U.S. Citizenship and Immigration Services (USCIS) or consult an immigration expert for the most up-to-date guidance. At The Trevino Law Firm, PLLC, our immigration lawyers can discuss your case with you. Contact us to schedule a consultation either by calling us at 210.227.3200 or using the online form.