VISA

Have you been a victim of criminal activity and have suffered substantial physical or mental abuse? Did you file police reports and cooperate with the authorities in the investigation and prosecution of the offense? Do you want to obtain lawful status in the USA, and or work authorization for you and your qualifying family members and do you want to finally adjust your status and become a permanent resident of the USA? If so, you may qualify for a U nonimmigrant status visa to legalize your stay in the United States.

The U nonimmigrant status (U visa) is reserved for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The U.S Congress enacted the U nonimmigrant visa relief with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislative intent of this law was aimed at strengthening the law enforcement efforts in obtaining the best investigations of related criminal activities and to prosecute the same. Covered criminal activities under this law include but not limited to crimes involving sexual assault, aggravated robberies, Rape, domestic violence, trafficking of aliens, etc., and also protect victims of  these crimes who have suffered substantial mental or physical abuse as a result of the aforementioned crimes. These victims must be willing to assist the law enforcement agencies in the investigation or prosecution of the criminal activity.

Other Qualifying Criminal violations may  include: Rape, Sexual Assault, Abduction, Abusive Sexual Contact, Blackmail, Domestic Violence Extortion, False Imprisonment, Female Genital Mutilation, Felonious Assault, Fraud in Foreign Labor Contracting, Hostage, Incest, Involuntary Servitude, Kidnapping, Manslaughter, Murder, Obstruction of Justice, Peonage, Perjury, Prostitution, Sexual Exploitation, Slave Trade, Stalking, Torture, Trafficking, Witness Tampering, Unlawful Criminal Restraint. It is noteworthy to know that attempts to commit these criminal activities or conspiracy, or solicitation to commit any of the above thereof and or other related crimes may be covered under this law.

If you believe you are a victim of any of the above criminal activities and wants to pursue your legally protected rights, WE ARE HERE TO PROTECT YOUR RIGHTS. Contact our office TODAY for consultation.

If you are a victim of human trafficking, T nonimmigrant status provides you with a relief. The victim of this criminal activity will be entitled to  a temporary immigration benefit that enables said victims of a severe form of human trafficking to remain legally  in the United States for up to 4 years so long as the victim has assisted law enforcement in an investigation or prosecution of human trafficking violation. As in U-Visa, T nonimmigrant status is also available for certain qualifying family members of trafficking victims and are eligible for employment authorization.  T nonimmigrants who qualify may also have a residual benefit of being able to adjust their status and become U.S lawful permanent residents.

Like the U-Visa law, Congress enacted this statute in October 2000 as part of the Victims of Trafficking and Violence Protection Act. Human trafficking is regarded as a modern-day slavery in which traffickers use force, fraud, or coercion to entice, compel or intimidate victims to provide labor or services, including but not limited to commercial sexual activities. Victims, largely illegal aliens, are often being taken advantage of by these traffickers. T visas offer protection to victims of this trafficking and enhance the abilities of law enforcement departments to initiate effective investigation leading to potential prosecution of human trafficking violators.

If you have suffered any form of human trafficking, you may be eligible for T nonimmigrant status if you:

• Are or were a victim of a severe form of human trafficking as defined above.
• Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking.
• Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (unless you are under the age of 18 or you are unable to cooperate due to physical or psychological trauma. In either case, you may not need to show that you complied with reasonable requests from law enforcement).
• Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; and
• Are admissible to the United States (If you are not admissible, you may be eligible for a waiver of certain grounds of inadmissibility.

Law Offices of Andrews & Associates, PLLC is here to assist you and to obtain legal status in the USA.

If you would like to study as a full-time student in the United States, you will need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas.

F-1 Student Visa & M-1 Student Visa

You may enter in the F-1 or M-1 visa category provided you meet the following criteria:

• You must be enrolled in an “academic” educational program, a language-training program, or a vocational program.
• Your school must be approved by the Student and Exchange Visitors Program, Immigration & Customs Enforcement.
• You must be enrolled as a full-time student at the institution.
• You must be proficient in English or be enrolled in courses leading to English proficiency.
• You must have sufficient funds available for self-support during the entire proposed course of study.
• You must maintain a residence abroad which you have no intention of giving up.

The F-1 Visa non-immigrant visa category allows you to advance your academics in  the United States as a full-time student at any accredited and U.S government authorized college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or other qualified institutions of higher learning. You must be enrolled and maintain current enrollment in an acceptable course or program of study that leads to a degree, certificate, or diploma.

Students interested in vocational or other nonacademic programs other than language training may be eligible for the M-1 (Vocational Student) visa category. Contact our office for more information on these visa categories.

If you are a non-immigrant visa holder and want to extend your stay in the United States, you must file an Application to Extend/Change Nonimmigrant Status with USCIS before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States.

You may apply to extend your stay if:

• You were lawfully admitted into the United States with a nonimmigrant visa.
• Your nonimmigrant visa status remains valid.
• You have not committed any crimes that make you ineligible for a visa.
• You have not violated the conditions of your admission.
• Your passport is valid and will remain valid for the duration of your stay

You may NOT apply to extend your stay if you were admitted to the United States in the following categories:

• Visa Waiver Program.
• Crew member (D nonimmigrant visa).
• In transit through the United States (C nonimmigrant visa).
• In transit through the United States without a visa (TWOV).
• Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa).
• Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa).