Latest News

U Visa: Protect yourself against domestic violence | 2022

If you ever wondered what’s the purpose of a U Visa, this article is for you.

The U Visa was created for immigrants who have been victims of crimes such as domestic violence or exploitation. It gives victims the opportunity to stay in the country with their family members while being useful to law enforcement and even allows them to apply for a Green Card in the future.

This type of visa was created with the Violence Against Women Act (VAWA). The program has been recently expanded to include human trafficking and other crimes such as blackmail, extortion, and stalking. If your abuser is a U.S. citizen or permanent resident, you may also qualify through VAWA, and our guide on the difference between VAWA and a U visa can help you compare both options.

The main purpose of the U visa is to encourage immigrants to report crimes that they would not have otherwise reported and to keep them safe during the investigation. And, although it was created with domestic violence in mind, it has expanded and today it also covers a wide range of crimes, including those related to workplace abuse.

What are the benefits of having a U Visa?

A U Visa allows you to legally reside in the United States for a maximum of 4 years, and this includes members of your immediate family as long as their qualify. During that time, you will be able to work without restrictions of any kind, and after 3 years, you will have the opportunity to apply for permanent residence and obtain a Green Card.

What are the requirements to obtain a U Visa?

Before you can apply for a U Visa, you must meet the following requirements:

You must consider yourself the victim of a qualifying crime. This crime must be reported and thoroughly investigated.
You must have information about the crime, and that information must be useful.
You must be willing to cooperate or have cooperated with the investigation as well as the prosecution of the criminal activities.
You have to be able to prove that the crime you are reporting took place in the USA or that it violated local, state, or federal laws.
You must have been authorized to enter the United States. But, if that is not the case, you may still be able to apply for a waiver.

If you meet these requirements, do not hesitate to call us so we can help you obtain your U Visa as soon as possible.

What crimes qualify for a U visa?

US Immigration authorities have new guidelines for qualifying criminal activity that could make a person eligible for U Visa status. It is an exhaustive list of behaviors that includes some crimes such as stalking or assaulting immigrants because of their race or national origin.

Some of the qualifying crimes include:

Abduction
Abusive sexual contact
Domestic violence
Extortion
False imprisonment
Female genital mutilation
Hostage
Involuntary servitude
Kidnapping
Manslaughter
Murder
Peonage
Perjury
Prostitution
Rape
Sexual assault
Sexual exploitation
Slave trade
Stalking
Torture
Unlawful criminal restraints

What happens after a U visa is approved?

After an application for a U Visa is approved, USCIS will send the applicant the following documents:

A U Visa approval notice
An I-765 approval notice
Employment Authorization for the US
An I-192 approval notice

The whole process should not take more than a month, and after receiving these documents, you will be able to work and travel in the United States without restrictions. However, it is not recommended to travel outside the country during the first three years.

Unfortunately, when it comes to public benefits, U Visa holders do not have access to health and social security programs like Medicaid, SSI, and TANF. However, you may still be eligible for other programs designed for immigrants. It is also recommended that you obtain a social security card.

Is there an annual limit to how many U Visa applications can be processed?

Yes. Unfortunately, the limit of U Visas that can be granted to applicants each year is 10,000. But don’t worry, this cap only applies to principal petitioners, meaning that there is no limit for family members deriving status from your application, such as spouses or children.

Also, when the cap is reached before all U Visa applications have been granted, USCIS creates a special waiting list for any petitioners awaiting a final decision. While on this waiting list, you will be granted deferred action or parole and will be able to apply to obtain a work permit.

Adjustment of status after three years

As a U Visa holder, you may be eligible to adjust your status and become a lawful permanent resident after three years of continuous presence within the borders of the United States. Keep in mind that you must have a valid U Visa on the date you file Form I-485, so don’t wait until the last minute to start the process.

You will be asked to provide proof of a variety of issues, such as evidence that you have been helpful in the investigation of the crime, a self-declaration attesting to three years of continuous presence, as well as many other different documents.

If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at 281-606-0800!
¡CONTACT US TODAY!

Family reunification program at risk

Texas charges against the family reunification program that allows children from Central America to reunite with their family in the United States.

The Central American Minors program is a family reunification program that allows children from El Salvador, Guatemala, and Honduras to reunite with their parents or legal guardians in the United States. Recently, Texas lawmakers leading 7 other states have filed a complaint against this program, arguing, among other things, that the program represents a financial burden for the country because it forces them to spend on education and an expanded health system to receive the children in their territory.

The attorney general of Texas, along with attorneys from Arkansas, Alaska, Florida, Missouri, Oklahoma, Indiana, and Montana filed the complaint last Friday, January 29, asking the federal court to put an end to Biden’s family reunification program.

How does the family reunification program work?

The Central American Minors Program was originally created in 2014 by the Barack Obama administration, and allowed children from El Salvador, Guatemala, and Honduras to reunite with their biological parents or step-parents who already had legal immigration status. This and other family reunification programs prevent many desperate families from choosing illegal routes into the United States to reunite with their children.

After the Donald Trump administration ended the program in 2017, the Biden administration reopened it in March 2021. While under the Obama era the scope of the program was limited to minors with legal resident parents or stepparents in the United States, the new and updated version of the program was expanded to also include minors whose parents or legal guardians are resolving asylum cases.

To access the family reunification program, minors must be under 21 years of age and not married. When requesting reunification with biological parents, the system requires a DNA test to verify the family relationship; guardians or stepparents must instead present all the necessary documentation that verifies their relationship with the minor.

The processing time of the cases taken by the program can be from six months to a year. Once approved, the minor can enter the United States with refugee status, which offers a path to immigration waivers, work permits, and even citizenship. During the Obama era, more than 6,000 cases were processed and approved, and more than 4,500 of the beneficiaries immigrated to the United States.

Why is Texas against the family reunification program?

According to Texas Attorney General Ken Paxton, the program goes “against common sense” and “rewards those who break the law.” He maintains that the Biden administration does not have the authority to keep the program active and must have it approved by the United States Congress. In addition, he maintains that it is unfair that the states that receive the reunified minors should bear the necessary economic expenses.

It is not the first time that the state of Texas has opposed the immigration measures of the Biden administration: in 2018, a similar complaint issued by a Texas federal judge managed to stop the Deferred Action for Childhood Arrivals program, known as DACA, a program that protects undocumented youth from deportation and allows them access to work permits. As of today, the USCIS is not allowed to receive new applications to the program.

The state of Texas charges against the family reunification program

The state of Texas charges against the family reunification program that allows children from Central America to reunite with their family in the United States.

How does the family reunification program work?

Why is Texas against the family reunification program?

High-skilled immigration benefits from Biden’s new immigration policies

Biden’s new immigration policies are meant to strengthen the American workforce through improved programs for high-skilled immigration.

Former President Donald Trump used to insist on the fact that he favored only ‘merit-based immigration’, but under his mandate, immigration offices halted even the processing of high-skilled immigration applications. New immigration policies introduced by the Biden administration aim to offer new opportunities to highly qualified immigrants while building up the workforce with skilled immigrant talent.

As many analists have stated in the last few years, the country would benefit enormously from a greater influx of highly competent immigrants looking to settle and work in the United States. This means expanding a crippled economy and modernizing the foundations of the American Dream.

Allowing more high-skilled immigration is a matter of national interest

One of the central points of the new immigration policies implemented by Biden is the reform of the National Interest Immigration waivers for employment-based immigrants. This United States Citizenship and Immigration Services (USCIS) policy update clarifies that the National Interest Waiver may be extended to qualified workers with advanced degrees in Science, Technology, Engineering, and Mathematics (STEM).

It also reinforces the importance of letters of recommendation by government entities when it comes to extending this type of Immigration Pardon. In addition, the new guidelines will make it possible to extend the range of applications of the National Interest waiver to entrepreneurs and, potentially, to a greater variety of qualified workers in different fields.

Also, according to the government, this update will help make employment-based immigration more straightforward for both immigrants and USCIS agents in charge of the processing, helping decompress an already overloaded immigration system.

How does the expanded eligibility for professionals in STEM fields work?

Areas like Science, Technology, Engineering, and Mathematics figure prominently in the measures announced by President Biden on January 21. Among those measures, an expansion in eligibility for the STEM OPT program was announced.

This is an Optional Practical Training program to which international students can apply to gain professional experience for a total of 36 months in one of the STEM fields. This measure greatly benefits students who decide to complete their studies in the United States and who, thanks to the OPT program, can potentially apply to obtain H-1B status and obtain permanent residence through employment.
The Department of Homeland Security (DHS) announced that the STEM OPT program will also add 22 new fields to its list of eligible disciplines to apply, including some new and highly demanded fields like Anthrozoology, Climate Science, Mathematical Economics, Business Analysis, and Data Visualization.

How will these new measures benefit immigrants?

Although both the DHS and USCIS are still in need of improving their processing capabilities at the time, this reform helps facilitate immigration procedures for highly needed workers and specialists.

However, the pending immigration reform is still facing obstacles in Congress, and some needed changes won’t be happening anytime soon. Among other problems, H-1B visas are still awaiting an update to their allowed number of allowances, which greatly limit the number of skilled workers entering the United States.

And the inherited restrictive policies from the Trump administration still harm the immigration system in more ways than one. USCIS was only able this year to let go of some of these restrictive policies.

As many members of the current administration and global business analysts have stated repeatedly in recent times, the United States is losing ground to other countries in terms of immigration of entrepreneurs and skilled workers, and the administration must seize this opportunity to establish flexible migration policies before losing their advantage in Congress.

How colorism affects immigrants living in the US | 2022

Among the Latino community, the ill effects of skin tone discrimination or colorism run deep and affect their work and living prospects in the country.

According to a recent study by the Pew Research Center, skin tone discrimination can negatively influence the lives of many Hispanic or Latino citizens who work and live in the United States. And this type of subtle discrimination can not only bring harm and stress to their daily lives but even make their long-term success peril.

The phenomenon of colorism has recently begun to be actively debated among Latino immigrants and advocates, and this led Pew Research Center, a non-partisan organization, to conduct this in-depth study of the subject. This study was conducted by surveying 3,375 Latinos living in the United States.

Colorism is a prevalent form of ethnic or racial discrimination in the immigrant communities

The study revealed that 62% of Latinos state that having a darker skin tone negatively influences their chances of achieving success, while immigrants with lighter skin tones mentioned that their skin color has benefited them one way or another.

One of the reasons that raised awareness on the dangers of colorism was the premiere of the film ‘In the Heights’. The film was heavily criticized for not including dark-skinned Afro-Latino characters. Although racism has been in the foreground of public debate for the last few years, unfortunately, the phenomenon of colorism isn’t often talked about.

Some social scientists explain colorism as a way in which inner divisions among ethnic and racial groups manifest, while others remark that it is a worldwide issue not limited to modern times. And it is much more noticeable in Latin American countries that were colonized by Spain. At that time, having paler complexion was considered superior to having darker skin or indigenous features.

The study developed by Pew indicates that 57% of Latinos surveyed believe their skin tone affects their daily lives, and that the majority of people with darker skin suffer some form of discrimination for this same reason.

A worldwide issue that needs to be addressed

Nadia Y. Flores-Yeffal, a Texas Tech University sociology professor stated that the results of this study are backed by years of research. Research carried out in other Latin American countries showed that in most cases, people with darker skin tones earn less money, suffer more discrimination, and are more vulnerable to expressions of racism or ethnic intolerance than their light-skinned fellow citizens.

In countries like Mexico, people who have indigenous traits are usually underestimated in official surveys or government programs. And Mexicans with darker skin tones usually find that they have fewer possibilities for achieving success.

Flores-Yeffal says that the way dark-skinned people are portrayed in the entertainment industry also influences how we as a society perceive them. And ‘In the Heights’ is not the only film that fails to address this issue. In most American productions we can find Latinos with darker skin only as secondary characters.

For many, talking about colorism is the first step to being able to solve the problem. However, most Latinos do not feel comfortable with the idea of debating internal divisions in their communities.

“You cannot choose one or the other. To combat anti-Latino racism, we need to talk about racism within the Latino community.”

Said Laura E. Gómez, author of “Inventing Latinos: A New Story of American Racism”.

LEARN MORE ABOUT OUR LEGAL SERVICES!

DHS Waives Immigration Interview for Some Applicants

Due to the visa backlog and other delays caused by the pandemic, the Department of Homeland Security (DHS) temporarily canceled the immigration interview requirement for residency in some cases.

The widespread visa backlog in the issuance of immigration documents at U.S. consulates and embassies around the world, caused largely by restrictions imposed by the COVID-19 pandemic, led DHS to make temporary changes to the protocols for obtaining an immigration visa. In particular, the requirement of the immigration interview and the oath in person, also known as a consular interview, will be temporarily waived.

It is estimated that around 50,000 applicants will be affected by this new provision, which will be in effect until December 13, 2023. This measure is designed to help “address the problem of applicants who are unable to travel due to the COVID-19 pandemic and who must meet specific time-limited criteria” to obtain their immigrant visa.

Meeting in person allows consular officials to ensure that a visa application is credible, while also allowing applicants to correct any mistakes in their application. However, conducting an immigration interview for residency in all cases “would put significant pressure on consular resources,” particularly when applicants’ eligibility has already been approved.

The State Department also temporarily suspended routine visa services at U.S. embassies and consulates. Resumption has been slow due to security guidelines, leading to further delays. The new measure is expected to help fight the visa backlog and “allocate scarce resources to areas where personal appearances and interviews of visa applicants are relatively more beneficial,” State Department said.

How is the admission process once I already have my immigrant visa?

Once an immigrant visa is issued, visa holders have up to a maximum of six months to travel to the United States and apply for admission. If admitted by a Department of Homeland Security (DHS) official, the immigrant becomes a lawful permanent resident of the United States. But the national emergency declared by former President Trump regarding the COVID-19 outbreak generated several provisions that effectively suspended the entry of non-citizens and halted most immigration procedures.

Who is exempted from the immigration interview for residency?

According to DHS, immigrant visa applicants do not have to appear in person before a consular officer for an interview, application execution, and oath if they meet the following criteria:

The immigrant visa was issued as of August 4, 2019.
The immigrant did not travel to the United States with the immigrant visa.
The applicant seeks and remains qualified for an immigrant visa in the same classification as the expired immigrant visa or in certain automatic category conversions.
There are no changing circumstances that can affect the applicant’s eligibility for the visa.

The Department estimates that there are nearly 49,000 people who were issued immigrant visas between August 4, 2019 and September 30, 2021 and have not yet applied for admission to the country. In more than 11,000 cases, their US visas expired before applying for admission.

How do I obtain an immigration interview exemption?

The agency stated Monday that qualifying applicants should contact the consular office that issued their previous visa to inquire about their eligibility.

“Applicants may be required to submit new DS-260 applications, provide required updated documents, submit medical examinations, and pay application processing fees.”

Authorities commented.