Non Immigrant Visas
DACA – read our blog to understand changes on DACA
DACA, which stands for Deferred Action for Childhood Arrivals provides temporary status for our clients who immigrate to the U.S unlawfully or overstayed their visas when they were children. This temporary status not only allows the recipient to remain in the United States, but they are also able to work and obtain a license to drive.
In order to keep this status, clients must renew their DACA every two years, cannot leave the country (unless granted advanced parole), and cannot be found guilty of a felony.
DACA has not been signed into law, understandably this leads to a lot of changes and we are here to ease our clients’ minds and answer any questions they may have throughout the process.
- You were under the age of 31 as of June 15, 2012
- You came to the United States before you were 16 years old
- You have continuously resided in the United States since June 15, 2007, up to today.
- You were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS
- You had no lawful status on June 15, 2012, meaning that:
- You never had a lawful immigration status on or before June 15, 2012, or
- Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012;
- You are currently in school, have graduated, or obtained a certificate of completion of your education from high school.
- You are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
- You have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
- Burma (Myanmar)
- El Salvador
- South Sudan
To be eligible for TPS, you must:
- Be a national of a country designated for TPS, or a person without nationality who last resided in the designated country.
- File during the open initial registration or re-registration period, or meet the requirements for late initial filing during any extension of your country’s TPS designation.
- Have been continuously physically present in the United States since the effective date of the most recent designation date of your country.
- Have been continuously residing in the United States since the date specified for your country.
The law allows an exception to the continuous physical presence and continuous residence requirements for brief, casual and innocent departures from the United States.
As victims of a felonious assault the last thing our clients want to do is have to decipher the questions and requirements to complete a U-Visa application for themselves and their dependents.
The MLG team will swiftly guide the client through the process with their mental and emotional health in mind. When our clients obtain their U-Visa they realize how they transformed from victim to victor.
U-Visa also known as a United States nonimmigrant visa is granted to victims of crimes in the US who have suffered serious injuries (mental or physical) as a direct result of the crime they are a victim of. In order to qualify victims must assist law enforcement or government officials in the investigation or prosecution of the person(s) responsible for committing the crime.
Our office has successfully petitioned for U-Visa status on behalf of several of our clients. It is one of the most powerful tools available to give someone status when there is no other form of relief available.
It is imperative that we, as legal professionals, ask each and every time we meet with someone without immigration status, “Have you been the victim of a serious crime?” if the answer is yes, “Did you report it to the authorities?”
This question, if answered in the affirmative, can dramatically change someone’s life, bring a person out of the shadows and give that person and his or her loved ones an opportunity to fully become members of the community, giving him or her a life without the fear of being discovered and deported at any moment.
You may request a U-Visa if you:
- Have suffered physical or mental abuse as a result of having been the victim of certain criminal activity.
- Possess information concerning such criminal activity.
- Have been helpful or are likely to be helpful in the investigation or prosecution of the crime.
- The criminal activity violated the laws of the United States or occurred in the United States.
The applicant must also have been the victim of one or more qualifying crimes; the attempt, conspiracy, or solicitation to commit any of the acts, or any similar activity in violation of federal, state, or local criminal law. The list includes:
- Domestic Violence
- Sexual Assault
- Abusive Sexual Contact
- Sexual exploitation
- Female genital mutilation
- Being held, hostage
- Involuntary servitude
- Slave trade
- Unlawful criminal restraint
- False imprisonment
- Felonious assault
- Witness tampering
- Obstruction of justice
T- Visa is a visa granted to victims of human trafficking crimes committed in the United States. This visa allows victims to remain in the United States and eventually adjust their status to legal permanent residency. In order to qualify, an applicant must assist federal authorities in the investigation and prosecution of human trafficking cases.
To qualify for T nonimmigrant status you must:
- Be or have been a victim of severe trafficking in persons.
- Be physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry on account of trafficking.
- Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking.
- Demonstrate that you would suffer extreme hardship involving severe and unusual harm if you were removed from the United States.
- If you are under the age of 18 at the time you file this application, or if you are unable to cooperate with a law enforcement request due to physical or psychological trauma, you may qualify for the T nonimmigrant visa without having to assist in investigation or prosecution.