Getting A U-Visa - ILRC

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UGetting a U-VisaImmigration help for victims of crime

2Getting a U-VisaIMPORTANT INFORMATIONThe information contained in this U-Visa Manual isspecifically for individuals in immigration detention inNorthern California who are representing themselves infiling their U-Visa applications. This Manual is intended asan informative and practical resource for pro se applicants(those without lawyers), and is not a substitute for legaladvice from an experienced lawyer. Immigration law iscomplex and ever-changing and for these reasons, it isalways best, if possible, to get advice on a particular casefrom a lawyer or advocate familiar with the U-Visa.About this guideThis guide was prepared by the Immigrants’ Rights Clinic of Stanford Law School on behalf of Centro Legal de la Raza in Oakland,California. We do not work for nor are we funded by the Department of Homeland Security (ICE, USCIS, CBP).Last updated: March 2012

Introduction3UContentsIntroductionChecklistPart I: Can I get a U-Visa?Requirement 1: Were you the victim of a crime that happened in the U.S.?Requirement 2: Did you help law enforcement?Requirement 3: Were you hurt because of the crime?Requirement 4: Can you stay in the U.S. even if the U.S. has a reason for deporting you?Part II: How do I apply for a U-Visa?Step 1:Step 2:Step 3:Step 4:Step 5:Step 6:Step 7:Obtain a Supp-BComplete the U-Visa Application, Form I-918Complete the “Waiver” Application, Form I-192Write your Personal StatementTry to Obtain Additional Documents to Support your CasePut your Application and Supporting Documents TogetherMail your Application to the Government46781012141617202630343841

4Getting a U-VisaUIntroductionIf you have been a victim of crime in the United States and are looking for immigration help, this Manual is for you.Part 1 of this Manual helps you decide whether you meet the basic requirements to get a U-Visa. Part II explains howto apply for a U-Visa. This Manual is written for people in immigration detention in Northern California, but peopleoutside detention may also find it useful.What is a U-Visa, and how can it help me?A U-Visa lets victims of crimes who meet certain requirements stay in the United States. A U-Visa provides thefollowing benefits: You can legally live in the United States for four years. After three years of having a U-Visa you can apply for agreen card to stay in the U.S. permanently. (And if you get a green card, you can eventually apply to become a U.S.citizen). With a U-Visa you can get permission to work in the United States. Some of your family members might also be able to get a U-Visa. With a U-Visa you might be eligible for certain public benefits in some states like California and New York.How do I apply?To apply for a U-Visa, you need to fill out certain forms and put together papers that support what you say on theforms. You then will send these documents to U.S. Citizenship and Immigration Services (“the government”). Thegovernment will decide whether you should receive a U-Visa. You do not need to go to court or an interview. Youdo not need a lawyer. However, when possible, it is better to apply with the help of a lawyer or victim advocate. Thegovernment will make its decision based entirely on the forms and papers that you send.How long will it take the government to decide whether I get a U-Visa?Processing times vary. The government is currently taking about 6-9 months to approve or deny a U application. Thistime may change depending on the number of applications people send in. Also, it can take longer if the governmentrequests more information partway through the process. If you are in immigration court, you can usually ask thejudge to postpone your case in order to see if the U application is approved.What type of person can apply for a U-Visa?If you do not have immigration papers, you can apply for a U-Visa. You also can apply for a U-Visa if you stayed afteryour papers expired. If you have a green card, you should ask a lawyer whether you can apply for a U-Visa.You can apply for a U-Visa when you are outside the United States, so you may want to keep this option in mind if youhave to leave the country.

Part I. Are you eligible for a U-Visa?5Almost no matter what you have done in the past, you can still apply for a U-Visa. People who have committed crimes orbeen deported in the past can still apply.How much does the U-Visa cost?The U-Visa is free. You do not have to pay to apply. However, most people have to send in an additional form called awaiver, and there is a fee for the waiver. People who cannot afford the fee can ask to apply for the waiver for free. Seepages 14-15 of this Manual for more information.If my U application is approved, can I travel abroad and re-enter the U.S.?If you travel abroad after your U application is approved, you must obtain the actual U-Visa stamp in your passport fromthe U.S. Embassy or Consulate abroad before you can re-enter the U.S.WARNING: before traveling abroad, you should contact a lawyer to discuss whether you mighthave difficulties obtaining the U-Visa stamp based on any criminal convictions/offenses orimmigration violations in your record.Is there anything I should do because I am in immigration detention?There is an Immigration and Customs Enforcement (ICE) hotline for detainees who believe they may be U.S. citizensor victims of a crime. If you are in immigration detention, be sure to tell the ICE officials at your facility that you areapplying for a U-Visa and be sure to call the ICE hotline to let them know that you are applying for a U-Visa. The ICEhotline phone number is (855) 448-6903.If I get a U-Visa, can my family get papers too?Sometimes. If you get a U-Visa, you can get papers for some of your family members. But, you have to apply for them toget papers. If you want to apply for your family, you will need to fill out Form I-918 Supplement A. It does not matter ifyour family members are in the United States or if they are here legally.This Manual does not provide instructions for applying for family members. However, if you decide to apply for them,you can do so now or you can apply after you get your own U-Visa and are released from detention. Below is a list ofpeople who are also eligible to receive U-Visas if the government approves your U-Visa application and you apply forthem:If you are under 21:If you are 21 or over: your parents your legally married spouse* your legally married spouse* your children your children (if they are unmarried and under21) your unmarried brothers and sisters under 18* NOTE: you must be married legally (or common law in some states) at the time you submit your U-Visa application foryour spouse to qualify for a U-Visa based on your application.

6Getting a U-VisaThe following U-Visa Checklist provides an overview of the U-Visa process. Parts I and II of this Manual willexplain each item in detail. As you read this Manual, refer back to this Checklist to see where you are in theprocess.U-Visa ChecklistLegal requirements:Documents you need:Other:You must meet all of theseconditions to apply:You must send the governmentall of these documents:These documents are helpful, butnot necessary: Crime requirement Form I-918 Supplement BHave you been the victim ofa crime that occurred in theUnited States? Helpfulness requirementHave you been helpful to thepolice or law enforcement? Harm requirementHave you been hurt, eitherphysically or mentally,because of the crime?(also known as Supp-B)The form that shows that youhelped law enforcement Form I-918The main form for a U-Visaapplication Personal statementThe story in your own wordsof what happened to you Form I-192 (if applicable)Waiver form: If youhave committed eitherimmigration or criminalviolations, you need to askthe government permissionto stay in the U.S. Cover letterA letter that you send alongwith your application Identity documentsDocuments that show whoyou are, like passports andbirth certificates Police and court recordsWhich prove you were thevictim of a crime Letters from friends & familyWhich talk about the crimeand the harm you suffered Letters from doctors & mentalhealth professionalsWhich help prove you wereharmed by the crime

7UI: Can I get a U-Visa?To get a U-Visa, you must meet the following three requirements: 1. Crime Requirementyou must have beenthe victim of a crime inthe United States 2. Helpfulness Requirementyou must have helped policeand/or prosecutorsLet’s get started!3. Harm Requirementthe crime must have hurtyou physically or mentally

8Getting a U-VisaRequirement 1: Were you the victim of a crime thathappened in the U.S.?Were you the victim of a crime?To be eligible for a U-Visa, you must have been the victim of one of the crimes listed below. It does not matter whetherthe person who hurt you was convicted or even arrested for the crime. It also does not matter whether the person whohurt you had immigration papers.Different laws sometimes use different names to describe the same crime. As long as the crime is the same as one onthe list, it does not matter if the police where you live call it something different. You can still apply for a U-Visa.Also, as discussed on page 5 of this Manual, if you are in immigration detention and were a victim of a crime, tell the ICEagents at your facility that you are considering applying for a U-Visa and call the ICE hotline at (855) 448-6903.Did the crime happen in the U.S.?You can apply for a U-Visa only if the crime happened in the United States.Have you suffered from a crime? Domestic abuse(your family member orpartner beat or harassed you) Felonious assault(examples: shooting,stabbing, mugging, or homeinvasion when you are home) Involuntary servitude(being forced to do work youdo not want to do) Peonage(being forced to do work youdo not want to do to pay offa debt) RapeSexual assaultAbusive sexual contactForced ProstitutionSexual exploitationFemale genital mutilationIncestKidnappingAbductionBeing held hostageSlave trade Unlawful criminalrestraint False imprisonment Manslaughter Murder Torture Trafficking Blackmail Extortion Obstruction of justice Witness tampering PerjuryOr an attempt or conspiracy to commit any of these crimes

9Part I, Requirement 1: The crime requirementExamplesQuestions1- Omar was stabbed in the neck. The man whostabbed him was convicted of felonious assault.Omar may be eligible for a U-Visa because feloniousassault is on the list of crimes.1. “I was the victim of robbery. Can I get a UVisa?”2- When Monica asked her boyfriend where he hadgone the night before, her boyfriend kicked her andthrew her down a flight of stairs. The boyfriend wasarrested for domestic violence, but he never wasconvicted or taken to court. Monica may be eligiblefor a U-Visa because domestic violence is on the listof crimes.3- One of Krupal’s neighbors was jealous of him.As Krupal came home from work one day, he sawthe neighbor throw a rock through the windowof his empty house. The neighbor was convictedof vandalism. Krupal is not eligible for a U-Visabecause vandalism is not on the list of crimes.4- Esteban entered the United States five years ago.Seven years ago, he was kidnapped and held hostagein Colombia before his family paid to ransom him.Esteban has not been the victim of a crime since thattime. Esteban is not eligible for a U-Visa. He was thevictim of kidnapping, which is on the list, but nopart of the crime happened in the United States.5- Angela’s boyfriend started abusing her when theylived in Guatemala. Five years ago, both of thementered the United States. The boyfriend continuedto abuse Angela until an American policeman finallyarrested him last month. Angela may be eligible fora U-Visa. She was the victim of domestic violence,which is on the list, and part of this crime happenedin the United States.6- Sven works at a convenience store in Los Angeles.A co-worker there blackmailed Sven into giving himmoney. Sven may be eligible for a U-Visa. He wasthe victim of blackmail, which is on the list, and thiscrime happened in the United States.Maybe. Robbery is sometimes a felonious assault, whichis one of the crimes on the list. If you were hurt, or if therobber had a weapon, your chances of getting a U-Visaare even better.2. “Someone in my family was murdered inthis country. Can I get a U-Visa because hewas murdered here?”Maybe. If someone in your close family was the victimof a crime on the list, you should talk to a lawyer to see ifyou can get a U-Visa.3. “Someone tried to hurt me, but my friendstopped him before I got hurt. Can I still get aU-Visa?”Yes. You may be eligible for a U-Visa as the victim of anattempt—this is when someone tries to hurt you.4. “My spouse used to hit me and beatme up all the time. It was just part of ourrelationship, and I got used to it after a while.Is that really a crime?”Yes. It is domestic violence, and you can apply for aU-Visa.

10Getting a U-VisaRequirement 2: Did you help law enforcement?To be eligible for a U-Visa, you must have helped law enforcement. There are many ways of doing this. Thebox below shows you some of them. Even if you only helped law enforcement in one way—for example,calling 911—you may still apply for a U-Visa.Type of Law Enforcement Help Did you call the police?Did you tell the police about whathappened?Did you answer their questions?Did you let them take pictures? Did you help the police find who did thecrime?Did you talk to a prosecutor?Did you testify in court?If you answered yes to any of these,you helped law enforcement. To get a U-Visa, lawenforcement must agree that you were helpful. Formore information see pages 17-19 of this Manual.

11Part I, Requirement 2: The helpfulness requirementExamplesQuestions1- Jon was assaulted by someone who broke into hisapartment. He called 911 and met the police whenthey arrived. Jon told the police the attacker waswearing a red hat. Later, he helped identify the attackerfrom a group of suspects and testified at his trial. Jonmay be eligible for a U-Visa because he helped lawenforcement.1. “I was the victim of a violent crime, andthen I was the victim of vandalism. I did nothelp the police investigate the violent crime,but I gave them a lot of information aboutthe vandalism. Can I get a U-Visa?”2- Rosa was assaulted by someone who broke into herapartment. She called 911. When the police came, Rosawas afraid that her husband would hurt her if she toldthe truth, so she told the police everything was okay.So when the police asked her why she would not saywhat happened, she did not say anything. Rosa mightbe eligible for a U-Visa (she helped law enforcementby calling 911). Rosa should talk to a lawyer to seeif there is anything else she did that helped lawenforcement.3- Carmen was attacked in the street. She called 911.The police came. She told them she did not see herattacker, but he ran down Market Street. The policenever found the attacker. Carmen may be eligiblefor a U-Visa because she helped law enforcement. Itdoes not matter whether the police never found orconvicted the attacker.No. You cannot get a U-Visa by helping law enforcementwith a crime that is not on the list of violent crimes underRequirement 1.2. “Someone assaulted me several years ago,but I never told the police. Can I do somethingnow to help them, and would it make meeligible for a U-Visa?”Maybe. You can help police at any time. But it is easierto get a U-Visa if you helped shortly after the crimehappened.3. “Someone hurt me. I did not talk to thepolice because he told me he would kill me.Can I get a U-Visa?”Maybe. If you did not help the police but had a goodreason not to, you should talk to a lawyer.4. “How do I prove I helped lawenforcement?”There is a form that law enforcement must sign, whichproves that you helped them. This is the Supp-B. We willtalk more about it in Part II.

12Getting a U-VisaRequirement 3: Were you hurt?To qualify you for the U-Visa, you must have been hurt. You need to have suffered either physical or mental harm orboth.Sexual abuse will almost always make a person eligible for a U-Visa, because it causes both physical and mental harm.It does not matter whether you were hurt by a single act, or by many acts over time, such as domestic violence.Injuries Did you have pain? Are you still injured or in pain?If you were already sick, did the crime makeit worse?Did it affect how you look?Did you have to miss work?Did you have to go to the doctor? Did you have to take medicine?Were you anxious or depressed?Did you have to see a therapist?Did you feel sad?Did you have trouble eating or sleeping?If you answered yes to any of these questions,you may have been hurt.

13Part I, Requirement 3: The harm requirementExamples1- Tariq was beaten up in a parking lot by a group ofmen. He was cut and bruised, and a tooth was knockedout. He was taken in an ambulance to the hospital,where his wounds were stitched up. Tariq may beeligible for a U-Visa because he was hurt.2- Julio was robbed at knife-point on the street. Therobber stole his cellphone and spat in his face. He wasnot physically injured, but was very upset, and is nowterrified to go outside by himself at night. He startedseeing a therapist after the robbery. Julio may beeligible for a U-Visa because he was hurt.3- Alejandra was sexually assaulted by her boyfriend.After the assault, she felt anxious and ashamed, andoften had flashbacks. She spoke to her doctor, who toldher that she was suffering from rape trauma syndrome.Alejandra may be eligible for a U-Visa because shewas hurt.4- Mario and Tamara are married. They came to theU.S. two years ago. One year ago, Tamara had an affairwith a co-worker, and Mario found out. He was furious.From then on, he constantly shouted and swore ather. He ordered her never to leave the house. Whenshe disobeyed him, he would slap her and push her tothe floor. Afterwards, he would apologize for hurtingher, and promise to stop. But it kept happening. Overtime, Tamara became anxious and depressed. Sheoften cried, and sometimes felt like she couldn’t get outof bed. She was very frightened of Mario, and wantedto escape, but didn’t see how. Eventually, she toldMario she was going to leave him. Mario slapped heracross the face, and screamed that he would kill her.Tamara locked herself in the bathroom and called thepolice. They came and arrested Mario. Tamara may byeligible for a U-Visa because she was hurt over time.5- Amihan was 18 and lived with her parents. Herfather did not like the way she dressed or the boys shewent out with. He often screamed at her, and said thathe wished she had not been born. Sometimes he wouldhit her with his fists or a leather belt. Amihan wantedto leave home, but she had nowhere to go. She feltlonely and frightened. She spoke to her doctor, whotreated her bruises and gave her some antidepressantmedicine. One day, after her father slapped her on theface, she called the police. Amihan may be eligible fora U-Visa because she was hurt over time.Questions1. “I was hurt, but I did not speak to a doctoror a therapist. Can I still apply for a U-Visa?”Yes. You do not have to seek treatment to be eligible for aU-Visa. If you have not gotten treatment, there are otherways to show that you were hurt. We will talk about themin Part II, when we explain how to apply for the U-Visa.2. “My boyfriend abused me, but most of theabuse happened in Mexico. Can I still applyfor a U-Visa?”Yes. You can still apply for the U-Visa, as long as at leastone incident of abuse took place in the U.S., and you werehelpful to the police.3. “I was hurt, but I recovered, and I am finenow. Can I still apply for a U-Visa?”Yes. You don’t need to still be hurt to apply for a U-Visa.You can apply for a U-Visa if you were hurt in the past.

14Getting a U-VisaRequirement 4: Asking the government to forgiveany reason it might have for deporting youMany people have done things (such as

the U.S. Embassy or Consulate abroad before you can re-enter the U.S. Is there anything I should do because I am in immigration detention? There is an Immigration and Customs Enforcement (ICE) hotline for detainees who believe they may be U.S. citizens or victims of a crime. If you are in immigration detention, be sure to tell the ICE officials .

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