Question: Are victims of crime(s) eligible for any immigration benefits?
Answer: In many cases, yes. Undocumented individuals in the United States may be afraid to report crime(s) to law enforcement officials because they fear that they will be handed over to ICE (Immigration Custom Enforcement) as soon as law enforcement will no longer need them. However, there are certain visas available to these individuals as long as they assist in the prosecution of the criminal(s).
Question: What is VAWA?
Answer: VAWA stands for Violence Against Women Act. If you are married to a United States citizen or Legal Permanent Resident and you are abused by him/her physically, mentally, and/or emotionally, you may be able to file for this benefit. Depending on how you entered the United States and when, you may be eligible to obtain your legal permanent residency without the help of your spouse. Children of the victim are also qualified. You may file for this benefit if you are still with the spouse, or if you are no longer with him/her. However, if you have been separated from the spouse, there is two year time limit to file for this benefit.
Question: What is the U Visa?
Answer: The U Visas is filed on Form I-918. There is a fee that the DHS (Department of Homeland Security – formerly known as INS) charges for this form; however, there is also a fee waiver available if the undocumented individual cannot pay the filing fee. However, there is no fee waiver available for the inadmissibility waiver. Victim must show that he/she is fully cooperating with law enforcement in regards to the criminal activity.
Question: What crimes qualify for a U Visa?
Answer: Rape, domestic violence, kidnapping, murder, extortion, felonious assault and false imprisonment.
Question: What documents need to be filed with the U Visa?
Answer: Certification is required in order to file for the U Visa. This certification can be obtained from a law enforcement agency (police department), the prosecutor’s office, or a judge. This certification must state the actual or likely significant assistance that the victim is doing in either investigation or the prosecution of the criminal. The individual signing the certification must have been involved in the event and he/she must have been the leading person on the case.
Question: What are the requirements of the U Visa applicant?
Answer: The applicant must show that he/she is the victim of substantial abuse, either directly or indirectly. The abuse could be physical, mental, or emotional. An example of indirect abuse would be if a child witnesses his father beating his mother. This child would also be eligible for the U Visa.
Question: What is the T Visa?
Answer: The T Visa offers relief to victims of severe trafficking while enhancing the capacity of law enforcement agencies to investigate and prosecute the criminal. The victim must be physically present in the United States in order to qualify for the T Visa. The victim must also prove that he/she will endure extreme hardship if he/she is removed from the United States and that he/she is reasonably assisting in the investigation and prosecution of the criminal.
Question: What constitutes “severe trafficking”?
Answer: Severe trafficking is defined as the recruitment, harboring, transportation, provision or obtaining of an individual for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery; OR, sex trafficking in which a commercial se act is induced by force, fraud or coercion, or in which the individual induced to perform such act has not attained the age of 18.
Question: What is required from the T Visa applicant?
Answer: A personal statement needs to be submitted with the application. This must be very detailed and it must include the five stages of the victim’s trafficking experience (pre-departure, travel/transit, destination, detention/deportation/criminal evidence, integration/reintegration). In addition to other things, the statement must also be very detailed in regards to dates, names, relationships, mental states, and specific occurrences of abuse.
Question: What is the S Visa?
Answer: The S Visa was established by the USA PATRIOT Act. This is a temporary visa and it may lead to legal permanent residency. The S-1 Visa is given to individuals who possess “critical reliable information” in regards to criminal activity, who willingly share this information and whose presence in the United States is or was at one time necessary for a successful prosecution of the criminal. The Forms are I-854 and I-539 and they may be filed by a law enforcement agency, state prosecutor, or U.S. Attorney. This person will receive a three year work permit.
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco, San Jose, or by telephone. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:
SAN FRANCISCO:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
Answer: In many cases, yes. Undocumented individuals in the United States may be afraid to report crime(s) to law enforcement officials because they fear that they will be handed over to ICE (Immigration Custom Enforcement) as soon as law enforcement will no longer need them. However, there are certain visas available to these individuals as long as they assist in the prosecution of the criminal(s).
Question: What is VAWA?
Answer: VAWA stands for Violence Against Women Act. If you are married to a United States citizen or Legal Permanent Resident and you are abused by him/her physically, mentally, and/or emotionally, you may be able to file for this benefit. Depending on how you entered the United States and when, you may be eligible to obtain your legal permanent residency without the help of your spouse. Children of the victim are also qualified. You may file for this benefit if you are still with the spouse, or if you are no longer with him/her. However, if you have been separated from the spouse, there is two year time limit to file for this benefit.
Question: What is the U Visa?
Answer: The U Visas is filed on Form I-918. There is a fee that the DHS (Department of Homeland Security – formerly known as INS) charges for this form; however, there is also a fee waiver available if the undocumented individual cannot pay the filing fee. However, there is no fee waiver available for the inadmissibility waiver. Victim must show that he/she is fully cooperating with law enforcement in regards to the criminal activity.
Question: What crimes qualify for a U Visa?
Answer: Rape, domestic violence, kidnapping, murder, extortion, felonious assault and false imprisonment.
Question: What documents need to be filed with the U Visa?
Answer: Certification is required in order to file for the U Visa. This certification can be obtained from a law enforcement agency (police department), the prosecutor’s office, or a judge. This certification must state the actual or likely significant assistance that the victim is doing in either investigation or the prosecution of the criminal. The individual signing the certification must have been involved in the event and he/she must have been the leading person on the case.
Question: What are the requirements of the U Visa applicant?
Answer: The applicant must show that he/she is the victim of substantial abuse, either directly or indirectly. The abuse could be physical, mental, or emotional. An example of indirect abuse would be if a child witnesses his father beating his mother. This child would also be eligible for the U Visa.
Question: What is the T Visa?
Answer: The T Visa offers relief to victims of severe trafficking while enhancing the capacity of law enforcement agencies to investigate and prosecute the criminal. The victim must be physically present in the United States in order to qualify for the T Visa. The victim must also prove that he/she will endure extreme hardship if he/she is removed from the United States and that he/she is reasonably assisting in the investigation and prosecution of the criminal.
Question: What constitutes “severe trafficking”?
Answer: Severe trafficking is defined as the recruitment, harboring, transportation, provision or obtaining of an individual for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery; OR, sex trafficking in which a commercial se act is induced by force, fraud or coercion, or in which the individual induced to perform such act has not attained the age of 18.
Question: What is required from the T Visa applicant?
Answer: A personal statement needs to be submitted with the application. This must be very detailed and it must include the five stages of the victim’s trafficking experience (pre-departure, travel/transit, destination, detention/deportation/criminal evidence, integration/reintegration). In addition to other things, the statement must also be very detailed in regards to dates, names, relationships, mental states, and specific occurrences of abuse.
Question: What is the S Visa?
Answer: The S Visa was established by the USA PATRIOT Act. This is a temporary visa and it may lead to legal permanent residency. The S-1 Visa is given to individuals who possess “critical reliable information” in regards to criminal activity, who willingly share this information and whose presence in the United States is or was at one time necessary for a successful prosecution of the criminal. The Forms are I-854 and I-539 and they may be filed by a law enforcement agency, state prosecutor, or U.S. Attorney. This person will receive a three year work permit.
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco, San Jose, or by telephone. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:
SAN FRANCISCO:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
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