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U Nonimmigrant Visa Application by Alexa Rodriguez: Primary Source(s)

Primary Sources

The Immigration and Nationality Act of 1952, is the foundation for Immigration law, and is codified in Title 8 of the United States  Code

Title 8, Code of Federal Regulations

The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code.

Immigration Agencies

  • Department of Homeland Security
    The Department is responsible for providing immigration-related services and benefits such as naturalization and work authorization as well as investigative and enforcement responsibilities for enforcement of federal immigration laws, customs laws and air security laws.
  • U.S. Citizenship and Immigration Services
    Under DHS, this government website is an excellent website for immigration information.
  • U.S. Immigration and Customs Enforcement
    Also under DHS, ICE was created in 2003 through a merger of the investigative and interior enforcement elements of the U.S. Customs Service and the Immigration and Naturalization Service. It is the enforcement mechanism.
  • Department of Justice: Executive Office for Immigration
    Oversight for immigration court proceedings, appellate reviews, and administrative hearings. Contains EOIR, BIA, OCAHO, and OCIJ.
  • Department of Labor
    Important information regarding work visas.
  • U.S. Department of State
    Home to the visa information center, foreign affairs manual and the bureau of population. Click the "travel link" to access visa information.
  • U.S. Customs and Border Protection
    Customs is primarily responsible for preventing terrorists or weapons from entering the United States; however, it's site has useful forms and information for anyone traveling to the United States.

Free Cites To Locate Applicable Regulations and Codes

Please use any of these free cites to find any applicable codes listed in this guide. 

  • FDSYS
    The online government portal to the U.S. Code, Code of Federal Regulations, the Federal Register, and Statutes at Large.
  • U.S. Code    
    Available online through Fdsys. Annotated versions are available in Lexis as the U.S. Code Service and in Westlaw as the U.S. Code Annotated.
  • Amendments to the INA
    Provided by USCIS, a list of amendments to the INA by the public law number. Coverage from 1986..
  • GPO - CFR
    The U.S. Government Printing Office allows users to view the Code of Federal Regulations (CFR) by year.

Who Bears the Burden of Proof?

The applicant bears the burden fo proving that he or she is eligible for a U Visa. 8 C.F.R. §214.14(c)(4)

What Is The Evidentiary Standard?

The evidentiary standard used is that of "any credible evidence" to establish the essential elements. 8 C.F.R. §214.11(d)(3)

What Are The Elements (Requirements) of A U Visa?

  • You are the victim of a qualifying criminal activity;
  • You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
  • You have information about the criminal activity. Please note that if you are under the age of 16 or unable to provide information due to disability, a parent, guardian or next frien may posses the information about the crime on your behalf.
  • You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. Please note that if you are under the age of 16 or unable to provide information due to disability, a parent, guardian or next friend may assit law enfrocement on your behalf. 
  • The crime occured in the United States or violated United States laws.
  • You are admissible to the United States. If you are not admissible you may apply for a waiver.

8 C.F.R. §214.14(c)(2)(ii)

Regulations

Some of the applicable regulations 

1. § 214.14 Alien victims of certain qualifying criminal activity.

8 C.F.R. § 214.14 Code of Federal Regulations
  • Code of Federal Regulations
  • Title 8. Aliens and Nationality
  • Chapter I. Department of Homeland Security
  • Subchapter B. Immigration Regulations
  • Part 214. Nonimmigrant Classes

2. § 245.24 Adjustment of aliens in U nonimmigrant status.

8 C.F.R. § 245.24 Code of Federal Regulations
  • Code of Federal Regulations
  • Title 8. Aliens and Nationality
  • Chapter I. Department of Homeland Security
  • Subchapter B. Immigration Regulations
  • Part 245. Adjustment of Status to That of Person Admitted for Permanent Residence

3.. § 214.4 Denial of certification, denial of recertification or withdrawal of SEVP certification.

8 C.F.R. § 214.4 Code of Federal Regulations
  • Code of Federal Regulations
  • Title 8. Aliens and Nationality
  • Chapter I. Department of Homeland Security
  • Subchapter B. Immigration Regulations
  • Part 214. Nonimmigrant Classes

4. § 656.2 Description of the Immigration and Nationality Act and of the Department of Labor's role thereunder.

20 C.F.R. § 656.2 Code of Federal Regulations

  • Code of Federal Regulations
  • Title 20. Employees' Benefits
  • Chapter V. Employment and Training Administration, Department of Labor
  • Part 656. Labor Certification Process for Permanent Employment of Aliens in the United States
  • Subpart A. Purpose and Scope of Part 656

 

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