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U-Visa Applications by Evelia Romero: Secondary Sources

Immigration - U Visa Applications

Definition to Know for the U-visa Process

Alien:  Any person not a citizen or national of the United States. http://www.dhs.gov/definition-terms#1

Adjudicated- the legal process of resolving a dispute.http://legal-dictionary.thefreedictionary.com/adjudication

Cap: a limit, the ceiling http://legal-dictionary.thefreedictionary.com/cap  The USCIS approves 10,000 U-visa a year. click here for more information.

Deferred Action:is a discretionary, limited immigration benefit by DHS. It can be granted to individuals who are in removal proceedings, who have final orders of removal, or who have never been in removal proceedings. deferred action definition

Direct Victim: A direct victim is a person who has suffered from direct and proximate harm as a result of the commison of a qualyfing criminal activity. 

8 CFR § 214.14(a)(14)

Derrivative:  are Family members are considered to be qualified derrivatives depending on their relationship to the principal, the age of the principal at the time of filing, and the age of the derrivative.  They must:

  •  over the age of 21 at the time of filing may include as derrivative applicants their spouse and unmarried  children under the age 21. 
  •  under the age of 21 at the time of filing may include their spouse, children, parents, and unmarried sibling under the age of 21.

An eligible qualifying member will be admitted under one of the following U- Non immigrant status. must be the following:

  •  U-2     Spouse
  •  U-3     Child
  • U- 4    Parent ( parent who is a U-1 holder who is a child under the age of 21)
  • U-5     Unmarried siblings under the age of 18

8 CFR § 214.14(f) 

Immigration:  The Process of entering one country from another t take up permanent or semipermanent residence. http://www.fairus.org/facts/glossary#I

Indirect Victim: Certain relatives are known as indirect victims when the direct victim is: dead due to murder or manslaughter; or incompetent or incapacitated and cannot provide information about the crime or be helpful in the investigation or prosecution of the crime.  In this cases The relatives that may qualify as "indirect victims" include :the direct victim’s spouse; and the direct victim’s unmarried children under 21 years old. If the direct victim is under 21 years old, his/her parents and minor siblings (under 18 years old) may also be considered indirect victims. 

8 CFR § 214.14(a)(14)

Interim Relief: A temporary remedy, such as an interim injunction or interim payment, granted to a claimant by a court pending the trail.http://www.law-pedia.com/interim-relief.htm​

Non-immigrant: An alien seeks temporary entry to the United States for a specific purpose. The alien must have a permanent residence aboard ( for most classes of admission) and qualify for the nonimmigrant classification sought. The nonimmigrant classification include: foreign government officials, visitors for business and for pleasure, aliens in transit through United States, treat traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. Citizens, and some others. Most nonimmigrant can be accompanied or joined by a spouses and unmarried minor (or dependent) childrenhttp://www.dhs.gov/definition-terms#13

Victims of trafficking & Violence protection Act:  Provide tolls tolls to combat trafficking in person both worldwide ad domestically. http://www.state.gov/j/tip/laws/

Visa: an official endorsement on a passport or other document required to secure an aliens admission to a country. http://legal-dictionary.thefreedictionary.com/Visa

U-Visa:is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status

 

Articles and Journals to help understand U-Visa

Books

​ Immigration Law Sourcebook by Ira J Kurzban

ISBN: 1573703230
Publication Date: 2012

Articles related to Indirect Victim Eligibility

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