Resources
Publication Date
06/15/2023
U nonimmigrant status, commonly referred to as a “U visa”, is a form of immigration relief available to people who are survivors of certain crimes that happened in the United States. This guide serves as a walkthrough of the different benefits granted when approved for a U visa – and those that are granted while an application is pending.
Webinar
This webinar will explore ethical issues in representing U visa and VAWA family members by discussing situations where the interests of the derivatives may diverge from the principal, or where victims of the same crime or abuse may have conflicting interests. The panelists will help attendees spot potential conflicts and offer practice tips for how to avoid and address issues throughout the often-long duration of representation, and when deciding to reopen cases at subsequent stages like adjustment, I-929 petitions, and consular processing.
Resources
Publication Date
12/03/2021
On June 14, 2021, USCIS announced a new “bona fide determination” process whereby certain U petitioners and their family members with pending U petitions can receive four-year work authorization and deferred action while they wait for full adjudication. This process could be very good for many of the 270,000 folks who have filed for a U visa and are waiting – but there are many folks left out, and of course, much of this depends on how the process is implemented. ILRC and ASISTA wrote this advisory to provide updated information on the new process and discuss eligibility, decisions and renewals, and other issues.
Resources
Publication Date
04/21/2020
U nonimmigrant status and T nonimmigrant status, often called “U visas” and “T visas,” are humanitarian forms of immigration relief for crime survivors. Congress created these forms of relief with the dual purpose of aiding law enforcement, by encouraging crime victims to cooperate, and providing humanitarian relief for crime survivors. Both forms of relief have a certification process by which applicants request certification from a law enforcement agency to document their cooperation. In recent years, many states have enacted U and T visa certification legislation in order to assist eligible immigrants in obtaining law enforcement certifications. This practice advisory provides a summary of the current and pending state statutes regarding certifications as of March 2020.
Seminar
At this seminar, we will cover cutting-edge, hot topics in U visa and VAWA cases, including possible U visa age out issues, U adjustment of status, consular processing of U visas, as well as overcoming inadmissibility issues and prior removals for both U visa and VAWA cases. We will discuss, at length, when to pursue a VAWA self-petition versus VAWA cancellation versus a U visa, and we will also analyze complicated scenarios to determine the best strategies in pursuing a U visa versus VAWA.Presenters:Sally Kinoshita, ILRC Deputy Director & Staff AttorneySally is the principal author of the ILRC publication entitled, The U Visa: Obtaining Immigration Status for Immigrant Victims of Crime and the co-author of the ILRC publications, The VAWA Manual: Immigration Relief for Abused Immigrants; Special Immigrant Juvenile Status for Children Under Juvenile Court Jurisdiction and Immigration Benchbook for Juvenile and Family Court Judges.Alisa Daubenspeck, Central American Resource Center (CARECEN)Cynthia Lucas, Immigration Center for Women and ChildrenI am not a member of the California State Bar. Will I receive CLE credit for participating in your seminars & webinars?We will provide a Uniform Certificate of Attendance after the session, which you can submit to your state bar. Please contact your state bar for details on whether or not credit is acceptable.
Resources
Publication Date
03/19/2014
Immigration Center for Women and Children (ICWC) administers a database of information sourced from more than 700 advocates nationwide with helpful information about law enforcement agencies who certify victim helpfulness for U cases and consulates abroad who issue U visas. The database includes information on who the U certifying officers are and where to send the requests, as well as the most updated policies and practices, nationwide. The goal is to update information on every state and federal agency, whether they do or don’t sign certifications. The database also includes information about consulates’ and embassies’ practices in processing U visa cases. These are both critical resources to any organization or office with a U visa caseload.For more information on these and other U-related databases that ICWC administers, go to http://icwclaw.org/services-available/icwc-u-travel-and-certifier-database/. If you’re new to using Zoho databases (the platform for ICWC’s databases), watch the helpful video below.
Seminar
At this seminar, we will cover cutting-edge, hot topics in U visa and VAWA cases, including possible U visa age out issues, U adjustment of status, consular processing of U visas, as well as overcoming inadmissibility issues and prior removals for both U visa and VAWA cases. We will discuss, at length, when to pursue a VAWA self-petition versus VAWA cancellation versus a U visa, and we will also analyze complicated scenarios to determine the best strategies in pursuing a U visa versus VAWA.Presenters:Sally Kinoshita, ILRC Deputy Director & Staff AttorneySally is the principal author of the ILRC publication entitled, The U Visa: Obtaining Immigration Status for Immigrant Victims of Crime and the co-author of the ILRC publications, The VAWA Manual: Immigration Relief for Abused Immigrants; Special Immigrant Juvenile Status for Children Under Juvenile Court Jurisdiction and Immigration Benchbook for Juvenile and Family Court Judges.Evangeline Abriel, Santa Clara University, School of LawEvangeline is the Director of Legal Analysis, Research, and Writing at Santa Clara University, School of Law and a consultant to the Catholic Legal Immigration Network, Inc. (CLINIC). She is the co-author of ILRC's The VAWA Manual: Immigration Relief for Abused Immigrants, and the co-author of A Guide for Legal Advocates Providing Services to Victims of Human Trafficking. In addition, she teaches courses in the area of immigration law and writes and speaks frequently on immigration relief for victims of abuse and crime.Susan Bowyer, San Francisco Director of Immigration Center for Women and Children and Director of Immigrant Survivors’ Legal AidSusan has been the Managing Attorney at IIBA, an attorney and echoing green fellow at the Immigrant Legal Resource Center, and the Acting Director at the Center on Race, Poverty and the Environment. For the past decade, she has provided immigration legal services for low income immigrants, and she has special expertise in immigration applications for survivors of domestic violence and other crimes. In addition, she has presented dozens of trainings on immigration relief for battered immigrants, including presentations at the 2008 California and 2009 National AILA Conferences.Catherine Ward-Seitz, Regional Immigration Coordinator for Bay Area Legal AidCatherine has been working in the field of immigration law since 1990, starting out as legal assistant and then a BIA Accredited Representative before her admission to the bar in December of 2001. Before joining Bay Area Legal Aid as Regional Immigration Coordinator in July of 2009, she worked at Canal Alliance, the International Institute of the East Bay, and the private immigration law firm of Simmons & Ungar.I am not a member of the California State Bar. Will I receive CLE credit for participating in your seminars & webinars?We will provide a Uniform Certificate of Attendance after the session, which you can submit to your state bar. Please contact your state bar for details on whether or not credit is acceptable.
Resources
Publication Date
07/21/2020
For an immigrant survivor of crime to qualify for U nonimmigrant status, they must obtain and submit to USCIS a certification of their helpfulness to law enforcement. A law enforcement agency (LEA) or other certifier must complete Form I-918, Supplement B, “U Nonimmigrant Status Certification,” attesting to the survivor’s assistance. In July 2019, the Department of Homeland Security issued an updated guide explaining the U visa requirements and the U visa certification process and identifying best practices for certifying agencies and officials. The new guide is more anti-immigrant in tone than former guidance, but parts of it can still be a useful tool for immigrant advocates. This practice advisory describes the 2019 and previous guidance to certifiers on U visa certification, analyzes the changes in the recently issued guidance, and provides advocacy tips for practitioners involved in the U certification process who wish to utilize the guidance to encourage certifications.
Resources
Publication Date
01/24/2025
Eligibility for U Nonimmigrant Status, commonly known as the “U Visa,” hinges on whether the applicant has been the “victim” of a qualifying crime. The regulations implementing the U visa statute contemplate three categories of “victims” who may qualify for the U visa: direct, bystander, and indirect victims. This practice advisory provides a basic overview of the requirements for U nonimmigrant eligibility. It then discusses the definition of “victim” and three different ways to qualify as a victim for purposes of U visa eligibility. Finally, it addresses derivative eligibility for qualifying family members.
Publication
The U Visa: Obtaining Status for Immigrant Survivors of Crime will guide you through the entire process of handling an immigration case for a U visa petitioner—from eligibility screening for U nonimmigrant status, to communicating about the waitlist, bona fide determination, and deferred action, to adjustment of status, to assisting eligible family members, and to helping U nonimmigrants travel.
Resources
Publication Date
06/13/2011
What are U Visas? U Nonimmigrant Visas were created by the Victims of Trafficking and Violence Prevention Act of 2000. Victims of qualifying criminal activities who have suffered substantial physical or mental abuse may apply for a U Visa if they are willing to assist law enforcement or other government officials in the investigation or prosecution of those crimes.
Seminar
Join us for a full-day training to learn how to assist immigrant survivors of domestic violence and other crimes, including when to apply for a U visa vs. self-petitioning under the Violence Against Women Act (VAWA), the requirements for both, the process for both, and practice tips for working with clients.
Webinar
This webinar will cover suggestions for immigration attorneys to protect clients' information from unnecessary disclosure, regardless of whether or not a subpoena is issued, strategies for counseling the client; and communicating with the district attorney. We will also discuss how immigration attorneys can respond if a subpoena is issued including filing motions to quash and other strategies.
Webinar
This webinar will cover suggestions for immigration attorneys to protect clients' information from unnecessary disclosure, regardless of whether or not a subpoena is issued, strategies for counseling the client; and communicating with the district attorney. We will also discuss how immigration attorneys can respond if a subpoena is issued including filing motions to quash and other strategies.
Resources
Publication Date
02/03/2016
SB 674 is a new California law that took effect on January 1, 2016. The goal of this law is to ensure that all immigrant crime victims in California have equal access to immigration status through the U visa.
Resources
Publication Date
11/05/2018
This practice advisory covers how to prepare consular processing clients for questions at the immigrant visa interview about alien smuggling, receipt of public benefits, drug use, tattoos, and other issues.
Resources
Publication Date
06/24/2021
California has passed four bills in recent years concerning access to the U visa, an important form of immigration status. Although the federal government decides who receives a U visa, the state can increase access to the remedy by creating processes for noncitizens to obtain a U visa certification from law enforcement, a necessary part of the U visa petition. All of the bills address U visa certification. This advisory describes the California bills, who they apply to, and how practitioners can use them to advocate for U visa clients.
Resources
Publication Date
11/23/2016
This advisory contains general information shared by USCIS staff during multiple stakeholder events in 2016. It is authored by ASISTA, ICWC, ILRC, AILA, Just Neighbors Ministry, and Sanctuary for Families.
Resources
Publication Date
06/11/2021
The Ninth Circuit’s decision in Medina Tovar expanded eligibility for U derivative status for certain after-acquired spouses of U visa petitioners. ASISTA, CLINIC & ILRC’s new Practice Alert includes the latest information on how and when to file an I-918A for a derivative spouse where the marriage to the U-1 petitioner occurred after the filing of the I-918 but before the U petition was adjudicated.
Resources
Publication Date
11/19/2020
T nonimmigrant status (often called a “T visa”) is a form of immigration relief for survivors of human trafficking that provides four years of lawful immigration status, employment authorization, access to certain public benefits, and the opportunity to apply for lawful permanent residency. However, the current U.S. Citizenship and Immigration Services (USCIS) policy on Notices to Appear (NTA), which has been in effect since 2018, has drastically increased the risks of applying for T nonimmigrant status. Although T visas remain a vital pathway to lawful status for trafficking survivors, there are various considerations that trafficking survivors and their advocates should keep in mind when deciding whether to submit affirmative T visa applications. Although USCIS issued its NTA Memo in June 2018, it was not officially implemented against T visa applicants until November 2018, and practitioners did not begin reporting many denials and NTAs issued until 2019. Now that advocates have experienced the NTA Memo’s implementation, this advisory reviews the policy’s impact on noncitizens applying for T nonimmigrant status as survivors of a severe form of human trafficking, with practice tips interspersed throughout.
Resources
Publication Date
03/02/2018
In a time of increased immigration enforcement, advocates must consider all possible forms of relief for clients facing deportation. U nonimmigrant status (also frequently referred to as a “U visa”) is commonly pursued as an affirmative immigration benefit for undocumented individuals, but it may also be a particularly important form of removal defense for certain lawful permanent residents (LPRs) facing deportation, likely on the basis of criminal convictions. This Practice Advisory provides an introduction to U nonimmigrant status and details its benefits for LPRs facing deportation, as well as the particular issues LPRs may face in seeking this form of protection.
Resources
Publication Date
12/19/2019
The U nonimmigrant status, often referred to as the “U Visa,” is a form of immigration relief available to noncitizens who have been victims of serious crimes in the United States. As part of the protection given to victims of crimes, U petitioners are able to include certain family members in the application process. These family members are known as “derivatives”. For many family members, being a derivative on an application may be the only way they will be able to get legal status in the United States. This practice advisory outlines the requirements for U nonimmigrant derivatives as well as considerations to keep in mind when filing an application.
Resources
Publication Date
08/04/2015
This document describes how a person with DACA who travels outside the U.S. with Advance Parole may be able to apply for a green card in the U.S. based on an immediate relative visa petition.
Resources
Publication Date
11/09/2020
President Trump has imposed travel restrictions blocking the entry of certain immigrants who are outside the United States and trying to enter. These restrictions last through December 31, 2020. The travel restrictions apply based on type of visa and/or the country where the traveler resides or has spent time in immediately prior to their attempted entry to the United States. The restrictions do not apply to U.S. citizens or lawful permanent residents (green card holders). This brief guide outlines which visas and countries are covered by the restrictions.
Webinar
On this webinar, we review the most common and difficult inadmissibility challenges faced by U nonimmigrant applicants, arguments for those that do not apply, and how to screen for them, discuss how to address them on the Form I-918 application and the Form I-192 waiver request, strategies for winning waivers, and what kinds of inadmissibility waivers have succeeded or failed and why.
Webinar
For those who are new to family-based immigration, this webinar will provide an overview of family-based petitions and qualifying relationships as well as basic family-based adjustment eligibility. Presenters
Resources
Publication Date
05/01/2012
This 77-page guide contains checklists, step-by-step help and sample materials for detained pro so applicants (those without lawyers) who are representing themselves in filing a U visa application. It was produced by the Immigrants’ Rights Clinic of Stanford Law School on behalf of Centro Legal de la Raza in Oakland, California.
Webinar
During this webinar, we cover the various ways immigrant crime victims’ family members may obtain immigration benefits through U nonimmigrant status.
Webinar
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed sed ante id libero auctor mollis. Proin at urna magna, id condimentum massa. Donec vel metus et risus interdum adipiscing.
Webinar
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Sed sed ante id libero auctor mollis. Proin at urna magna, id condimentum massa. Donec vel metus et risus interdum adipiscing.