III. Sr Para / New Atty: U-Visa Law Flashcards
What grounds of inadmissibility are generally waived for U-Visa applicants?
- 3 and 10-year bars
- permanent bar
- EWI
- Alien smuggling
- Prior deportation orders
Bonus:
- Does not include INA 212(a)(3)(E) grounds such as genocide, Nazi persecution, torture, or extrajudicial killings.
When can a U apply for residence?
- -3 years after grant
- -NO early filing
Who qualifies for a U Visa?
- A victim of any criminal activities qualified by USCIS
- suffered mental and/or physical harm
- helpful to law enforcement in the investigation or prosecution
Can someone apply for a U Visa from another country?
Yes, but the crime must have taken place within the US.
Can the principal U applicants add their siblings to the U Visa application?
Yes, only if the principal is under 21, and the siblings are unmarried and under 18.
What derivatives may be included on a I-918 petition if the principal petitioner is under 21?
- Spouse (U-1)
- Children under 21, unmarried (U-2)
- Parents if petitioner is unmarried (U-4)
- Unmarried siblings under 18 (U-5)
What derivatives may be included on a I-918 petition if the principal petitioner is over 21?
- Spouse (U-1)
- Children under 21, unmarried (U-2)
Who qualifies as an indirect victim of a crime for a U-visa?
- The indirect victim has a qualifying family relationship to the direct victim AND the direct victim is unable to assist law enforcement because they are deceased or incapacitated.
- Meet all other U-visa requirements
Besides direct and indirect victims, who else might qualify for a u-visa?
- Bystander victims
- Derivatives of principle u-visa holder
Who qualifies as a bystander victim?
- Must be directly harmed by the crime
- In close proximity to the crime when it occurred
- The crime must be a particularly violent crime
- Must suffer unusually direct injury from the crime itself (ex: extreme physical harm caused by emotional trauma)
