III. Sr Para / New Atty: U-Visa Procedure

Question 1

When must USCIS receive an I-918B?

Answer 1

Within six months of signature

Question 2

What must be included in a U affidavit?

Answer 2

• -Inadmissibility
• -Victimization
• -Cooperation
• -“Substantial abuse” / harm

Question 3

Where do you request a U-visa certification (I-918 Supplement B)?

Answer 3

Certifying agency (police, DA’s Office) head or designated certifying person or federal, state or local judge.

Question 4

What is the purpose of the U-Visa certification?

Answer 4

• To demonstrate whether the petitioner was helpful in investigating/prosecuting the case.
• Demonstrate what information the petitioner has about the case.
• Certifies what crime occurred.

Question 5

What are some crimes that qualify a survivor for U-visa status?

Answer 5

Violent Crimes: Murder, manslaughter, felonious assault, domestic violence, kidnapping/abduction, torture, FGM, stalking

Sexual: Sexual assault, abusive sexual contact, incest, prostitution, rape, sexual exploitation

Restraint: false imprisonment, unlawful criminal restraint, hostage, involuntary servitude, slave trade, trafficking, peonage, fraud in foreign labor contracting

Crimes against Justice: blackmail, extortion, obstruction of justice, perjury, witness tampering

Question 6

What are the benefits of a U-visa?

Answer 6

• Work authorization (EAD)
• Have legal status in the US
• Include qualifying derivatives
• Generous waiver

Question 7

Is there a cap on the annual number of U-visa applicants approved?

Answer 7

Yes, 10,000 per year

Bonus- this number does not include derivatives

Question 8

What is required for the Bona Fide Determination Process?

Answer 8

1. Signed I-918
2. Completed I-918 Supplement B
3. Personal statement
4. Completed background and security checks based on biometrics

Question 9

After granting a U-visa, when may an applicant be eligible for permanent residence?

Answer 9

after 3 years of physical presence