HOME > GREEN CARDS > CRIME VICTIMS
Crime Victims or Assistance in Criminal Investigations
If you are a victim of a crime or have valuable information that can help law enforcement authorities in investigating criminal activities, you may be eligible for certain visas and permanent residence in the US. You may be eligible for a S, T or U visa.
S Visas
The S visa is granted to Aliens who have agreed to assist the Government in various investigative procedures leading to the arrest of individuals in connection with illegal or terrorist activities.
The two main categories of S visas are S-5 and S-6:
| • |
Application for an S-5 Visa is possible only if the applicant possess reliable information regarding an important aspect of a crime or pending commission of a crime, is willing to share this information with law enforcement officials or to testify in court, and that their presence in the US is necessary to the successful investigation or prosecution of the case.
|
| • |
Application for an S-6 Visa is possible only if the applicant possesses reliable information regarding an important aspect of a terrorist organization or plot, is willing to share this information with law enforcement officials or to testify in court, has or will be placed in danger for providing that information, and is eligible to receive an award from the State Department for providing such information.
|
S visa holders are allowed to adjust status to permanent resident under a special provision under Section 245(j) of the US immigration and Nationality Act. If the information supplied by the alien has "substantially contributed" to a successful investigation or prosecution of a crime, they are eligible for adjustment of status. Similarly, if the alien's information "substantially contributed" to the prevention of an act of terrorism, or to the apprehension of a person involved in terrorist activities, they are allowed to adjust their status.
T Visas
The "T" visa, was created to provide immigration protection to victims of a severe form of human trafficking. The "U" nonimmigrant status, or "U" visa, is designated for victims of certain crimes who have suffered mental or physical abuse because of the crime and who are willing to assist law enforcement and government officials in the investigation of the criminal activity.
| Q: |
What are the eligibility requirements for "T" nonimmigrants seeking adjustment of status?
|
| A: |
Applicants for adjustment of status holding a "T" visa must have been lawfully admitted to the United States as a "T" nonimmigrant and must continue to hold such status at the time of application. In addition, "T" visa holders demonstrate:
| (1) |
Physical presence in the United States: "T" nonimmigrants must have been physically in the U.S. for either: (a) a continuous period of at least three years since the date of admission as a "T" nonimmigrant; or (b) a continuous period during the investigation or prosecution of the acts of trafficking, provided that the Attorney General has certified that the investigation or prosecution is complete;
|
| (2) |
Good moral character since first being lawfully admitted as a "T' nonimmigrant; and
|
| (3) |
Continued compliance with any reasonable request for assistance in the investigation or prosecution of the acts of trafficking or extreme hardship involving unusual and severe harm upon removal from the United States.
|
|
| Q: |
What are the eligibility requirements for "U" nonimmigrant seeking adjustment of status? |
| A: |
Applicants for adjustment of status holding a "U" visa must have been lawfully admitted to the United States as a "U" nonimmigrant and must continue to hold such status at the time of application. In addition, "U" visa holders demonstrate:
| (1) |
Physical presence in the United States for a continuous period of at least three years since the date of admission as a "U" nonimmigrant; and
|
| (2) |
No unreasonable refusal to provide assistance in the criminal investigation or prosecution.
|
|
| Q: |
What are the procedures for "T" and "U" visa holders to apply for lawful permanent residence? |
| A: |
Applicants must file the Application to Register Permanent Residence or Adjust Status Form I-485 in accordance with the form instructions. Among other requirements, applicants must also present evidence that they were admitted in either "T" or "U" nonimmigrant status. That evidence may be provided by submitting a copy of the Notice of Action Form I-797. Evidence of continuous physical presence is also required; this can be provided by college transcripts, employment records, or installment payments (e.g., monthly rent receipts, utility bills, etc.) during the requisite time period.
|
| Q: |
Can family members of the "T" or "U" visa holder apply for lawful permanent residence? |
| A: |
Yes. Derivative family members may apply for adjustment of status provided that the principal
"T" or "U" visa holder meets the eligibility requirements for adjustment of status and that his/her application for adjustment has been approved, is currently pending, or is concurrently filed.
|
| Q: |
Is there a cap on the number of "T" and "U" nonimmigrants that can apply to adjust status? |
| A: |
USCIS is limited to adjusting status of up to 5,000 "T" nonimmigrants in any given fiscal year. The cap does not apply to eligible family members. There is no numerical cap on the number of "U" nonimmigrant status holders USCIS may adjust in a fiscal year.
Q: Congress passed legislation nearly six years ago. Why has USCIS delayed in issuing the regulations?
A: The adjustment of status provisions for "T" and "U" visa holders are complex; many difficult legal and policy issues required resolution. Such issues led to intricate and often complicated discussions among the many agencies with which we needed to coordinate. The administration of the adjustment of status provisions for "T" and "U" visa holders is markedly different from other adjustment of status provisions in the INA. We recognize this is a vulnerable population and we want to ensure that our policies and procedures are sound.
|
| Q: |
Are there any limitations on a "T" or "U" nonimmigrant traveling or receiving work authorization while an application for adjustment of status is pending?
|
| A: |
"T" or "U" nonimmigrants follow the same requirements for any applicant with a pending adjustment of status application when it comes to travel and work authorization. Advance parole can be requested by filing the Application for Travel Document Form I-131. For work authorization, applicants must submit the Application for Employment Authorization Form I-765.
|
If you may qualify for any of the above visas, call us to speak with an immigration lawyer. Our immigration lawyers can help you through the entire process step-by-step from start to finish.
|
|
|
|
ALG LAWYERS
Amicus Law Group, LLP
Los Angeles (Main Office):
3250 Wilshire Blvd., Suite 1501 Los Angeles, CA 90010
Ph: (213) 384-3300 Fax: (213) 384-3307
|
San Diego Office
University Town Center (UTC)
4660 La Jolla Village Drive., Suite 500, San Diego, CA 92122
Phone: 1-877-4111-ALG (1-877-411-1254) Fax: (858) 535-4890
|
Email: info@algLawyers.com
Copyright 2009 - All Rights Reserved |
|
