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U Nonimmigrant Visa Application by Alexa Rodriguez: Definitions

Admissibility

The terms "admission" and "admitted" mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer. 

101(a)(13)(A) [1101(a)(13)(A)]

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Waiver for Inadmissibility

waiver is a form that your lawyer can fill out to ask Immigration to forgive something that makes you inadmissible.  For people applying for U visa status, all grounds of inadmissibility can be waived except for participation in Nazi persecution, genocide, or having committed any act of torture or extrajudicial killing. This waiver is discretionary, which means that your request may or may not be approved – it is up to Immigration officials.  If you are inadmissible under the crime-related grounds, Immigration officials will consider the number and the seriousness of the offenses you were convicted of.  In cases involving violent or dangerous crimes or involving the security grounds (related to terrorism), Immigration will only approve the waiver in extraordinary circumstances.

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)

Indirect Victim

Certain relatives of direct victims 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.

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)

Derivatives

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. 

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

8 CFR § 214.14(f) 

 

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

  • 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 sibblings under the age of 18

8 CFR § 214.14(f) 

Recognized Family Relationships

SPOUSE 

Married at the time petition is submitted. 

CHILD

101(b)(1) [1101(b)(1)] The term "child" means an unmarried person under twenty-one years of age who is--

101(b)(1)(A) [1101(b)(1)(A)] a child born in wedlock;

101(b)(1)(B) [1101(b)(1)(B)] a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;

101(b)(1)(C) [1101(b)(1)(C)] a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;

101(b)(1)(D) [1101(b)(1)(D)] a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person

101(b)(1)(E)(i) [1101(b)(1)(E)(i)] a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act; or

101(b)(1)(E)(ii) [1101(b)(1)(E)(ii)] subject to the same proviso as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) orsubparagraph (F)(i); (II) was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described inclause (i), except that the child was adopted while under the age of 18 years;

 

 

Physical or Mental Abuse

Physical or Mental abuse means injury or harm to the victim's physical person, or harm to or impairment of the emotional or psychological soundness of the victim 8 C.F.R.  §214.14(a)(8)

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