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“Home In Georgia Now”

Since: Jul 07

The "City of Gold" in Georgia

#1 Aug 10, 2008
http://www.womenslaw.org/laws_state_type.php ...

I did a little research on the U Visa. Talking about "ILLEGAL ALIEN" friendly. WOW. Check out what this group says. It tells the person interested in applying for the U Visa, "You may not want to go to the CIS, even if you think you qualify as a potential U Visa applicant. There is always the possiblity of deportation if you do not have a current legal status".

Just some highlights:
1.Even if you are subject to deportation right now you can still apply for the U Visa
2.If the person is a "trafficking victim" they qualify. Jesus, you are breaking the law and they reward you!!
3.If a person has been deported, left the US voluntarily etc, they can still apply for the U Visa.
4. If the petitioner is 21 or older their spouse and unmarried children under 21 can get a U Visa
4. If the petitioner is 20 or younger the spouse, unmarried children under 21, unmarried siblings under 21 and parents can get a U Visa

So here is a scene to consider. "ILLEGAL ALIEN" (IA)(No Offense Indiana) mom and dad come to the US. They pop out 3,6,9 whatever "ANCHOR BABIES" (AB). Mom and Dad IA then devise a plan where DadIA assaults Mom IA in the presence of the AB's. A police report is filed, complete with photos etc. Then Mom IA files for a U Visa. DadIA is locked up and deported and conveniently sneaks back into the US. MomIA puts on a good show and assaults DadIA. He can then jump through the hoops within the timeframe and get a U Visa. Now we have a happy family for the duration of the U Visa. Then Mom & Dad IA can apply for permanent residence.

“Home In Georgia Now”

Since: Jul 07

The "City of Gold" in Georgia

#2 Aug 10, 2008
Here is a link to the law. It is 44 pages long and I now have some reading material for a few days. Sort of like the old days doing case law research!!

http://www.uscis.gov/propub/ProPubVAP.jsp...
good one

Kansas City, MO

#3 Aug 15, 2008
except that the statute specifically excludes perpetrators from either filing for their own U visa or being the derivative for someone else's U visa.

Also, mom can lose her NIV if she is convicted of beating up dad. and, for a person to get a u visa, they have to cooperate with law enforcement in the prosecution of the crime.

so not one step of your scenario would work.

it's funny the backlash to this NIV, given that it was designed to aid US prosecution of crimes where the witnesses would otherwise be deported before they could testify.

“Home In Georgia Now”

Since: Jul 07

The "City of Gold" in Georgia

#4 Aug 16, 2008
In response to good one:

The statute has nothing to do with a perp. It is all victim related qualification.

Mom's U Visa can not be revoked for beating up dad. The statute sets out 2 forms of revocation. One is automatic and the other is by notice.

8 CFR 214.14(h)(a): Automatic revocation applies where a principal alien with an approved U nonimmigrant petition who applied outside the United States notifies USCIS that he or she will not use the approved petition to enter the United States.

8 CFR 214.14(h)(2) Revocation by notice is at the discretion of the USCIS. Basis for revocation by notice are:
1. Where the certifying offical withdraws the U nonimmigrant status certification upon which the principal U nonimmigrant's petition was based or disavows the contents of the certification in writing;
2. Where the approval of the petition was in error;
3. Where there was fraud in the petition;
4. Where the derivative's relationship to the
principal has terminated; and
5. Where the principal's approved petition for U-
1 nonimmigrant status is revoked

The grounds for qualifying for the U Visa are:
1. The alien must have suffered substantial physical or mental abuse as a result of having been the VICTIM of qualifying criminal activity; (See 8 CFR 214.14 (a)(14)(ii)
2. The alien must be in possession of information about the criminal activity of which he or she has been a victim;
3. The alien must be of assistance to a a Federal, State, or local law enforcement offical or prosecutor, a Federal or State judge, the Department of Homeland Security, or other Federal, State, or local authority investigating or prosecuting criminal activity;and
4.The criminal activity must have violated U.S. law or occured in the United States(including Indian country and military installations) or the territories and possessions of the United States

So my sceanarios would work according to what I see written in this law. The U Visa would not be approved if it is known the assault scenario was a set up and it would be revoked if it is found out as an afterfact of the approval. That I concur.

One thing I do HATE about this law is if an alien agrees to be smuggled into the United States and later is held against their will, they can still qualify for a U Visa due to the crime where they were held against their will. So even if they are culpable of the smuggling crime, the can still get a U Visa. What a joke. This loophole needs to be closed. So in my scenario if dad is deported and sneaks back in and the assault happens, he is a victim, irregardless of this crime of being smuggled in.

As far as the 10,000 limit on the number of U Visas to be issued. This does not count the ones issued to mom, dad, sis, brother, uncle, etc. This number is only the ones issued to the PRINCIPAL alien. So the LEGAL IMMIGRANTS who are doing things the right way get screwed over again as well as the taxpayers get screwed over with these U Visa freeloaders.

Even if an alien is in the process of deportation they can file for a U Visa if they were the victim of a crime.

The backlash against this law is the FACT that the "ILLEGAL ALIENS" will exploit it as they exploit every law in this country to their advantage. Especially the "ILLEGAL ALIENS" from Mexico. Another backlash is this is a slap in the face to the LEGAL IMMIGRANT who is trying to follow the law for legal entry.

Since: Oct 07

United States

#5 Aug 19, 2008
John, I just found this thread of yours. Thank you this is most informative!

“Home In Georgia Now”

Since: Jul 07

The "City of Gold" in Georgia

#6 Aug 22, 2008
It is good reading if you like this kind of stuff. I see I got my first "Clueless"!! I am still going over it, but have set out the basics IMHO.

Since: Oct 07

United States

#7 Aug 25, 2008
John In North Carolina wrote:
It is good reading if you like this kind of stuff. I see I got my first "Clueless"!! I am still going over it, but have set out the basics IMHO.
Thank you, your work here has helped a great deal, John. LOL you.. Clueless...NOT even a little bit...

“Home In Georgia Now”

Since: Jul 07

The "City of Gold" in Georgia

#9 Sep 21, 2008
A little follow up to the U Visa. This is an old article from last year from what I could find. I said this program is ripe to be exploited.

[Arkansas Democrat Gazette] ROGERS, AR - New program aids illegal alien abuse victims

"The crime had to have occurred in the United States, but there’s no limit on how long ago.

Congress created UVisa eligibility in 2000, but rules for granting the status weren’t finalized until October 2007. In the interim, applicants were granted temporary UVisa status.

Ferguson is in the process of transferring status for clients who have temporary UVisas. She has about 75 clients applying for permanent UVisa status or similar relief through the Violence Against Women Act.

“People are becoming more aware and realizing that even though I wasn’t married to him or he isn’t a permanent resident or a citizen, I am still able to get this benefit,” Ferguson said.“Word is getting out, and the more people who apply, they tell others.” The UVisa has another benefit: It allows the victim to apply for permanent residency after four years. In general, Ferguson said, the victim must show that being denied residency would cause hardship.

As of Oct. 1, 8,000 UVisas were approved by U. S. Citizenship and Immigration Services

Since: Oct 07

United States

#10 Sep 22, 2008
John In North Carolina wrote:
A little follow up to the U Visa. This is an old article from last year from what I could find. I said this program is ripe to be exploited.
[Arkansas Democrat Gazette] ROGERS, AR - New program aids illegal alien abuse victims
"The crime had to have occurred in the United States, but there’s no limit on how long ago.
Congress created UVisa eligibility in 2000, but rules for granting the status weren’t finalized until October 2007. In the interim, applicants were granted temporary UVisa status.
Ferguson is in the process of transferring status for clients who have temporary UVisas. She has about 75 clients applying for permanent UVisa status or similar relief through the Violence Against Women Act.
“People are becoming more aware and realizing that even though I wasn’t married to him or he isn’t a permanent resident or a citizen, I am still able to get this benefit,” Ferguson said.“Word is getting out, and the more people who apply, they tell others.” The UVisa has another benefit: It allows the victim to apply for permanent residency after four years. In general, Ferguson said, the victim must show that being denied residency would cause hardship.
As of Oct. 1, 8,000 UVisas were approved by U. S. Citizenship and Immigration Services
Thank you John, this is very interesting.
Rosa Gallardo

Lima, Peru

#11 Feb 19, 2009
Please read the complete law, the easier way is to read the instructions to Form I-918: among other things, a proof of severe SUFFERING report by a bona fide AMERICAN psychologist is required... Not all that shines is gold.

“Home In Georgia Now”

Since: Jul 07

The "City of Gold" in Georgia

#12 Feb 20, 2009
Rosa Gallardo wrote:
Please read the complete law, the easier way is to read the instructions to Form I-918: among other things, a proof of severe SUFFERING report by a bona fide AMERICAN psychologist is required... Not all that shines is gold.
I did read the "complete law". The requirement you mention is an ant hill hurdle. There are enough liberal, left wing, open borders psychologists to handle this matter with ease making this a moot matter IMHO.
josieg6

UK

#13 Jun 26, 2009
josieg6

UK

#14 Jun 26, 2009
U Visa granting is arbitrary,and when applied it can be backdated in your passport, to prevent you from returning to your home anyway. Every obstacle is thrown at you, there is no regard for your life or situation.
shine4me

Fremont, CA

#15 Jun 29, 2009
Congress and the Senate are good at slipping in all these little amendments and legislature that is selling this Country down the river. It may be too late - but I don't intend to take a back seat to invaders no matter who gives them a "key" into the back door.
annasttasiaaa

Spencer, MA

#16 Aug 10, 2009
Hi guys,

Do you think that violation of retraining order against husband would qualify the wife for the purpose of the U visa re: qualifying crime section?
Nora

United States

#17 Aug 28, 2009
All you haters are just white trash greety racists. You hate all color!. We latinos need to stand up like black people did back in the day. So that once and for all this white trash can leave us alone because they're aren't stupid at all they don't pick at black people cause they're scared!! JaJa!
FedUp

AOL

#18 Sep 24, 2009
We are not white-trash, greedy racists. We are true US American's that are fed up with immigration and the half-ass Bills Congress hand out like candy. We are tired of our tax dollars going to support immigrants that come to our country to live, whether legally or illegally. Congress needs to be reminded that the US Citizen needs to be considered FIRST AND FOREMOST in any of the Bills it considers and passes. The U-Visa is a dangerous Bill that has been abused, and we as Americans need to write to our Senators/Congressmen and tell them that is one Bill that needs to be abolished. The immigrants have their own country and it is not ours. Our country's integrity depends on us standing up and protecting it.
clueless

Chicago, IL

#19 Feb 12, 2010
Hi guys im just curious, i know someone who wants to apply for a U-visa she was deported.. what is she gonna expect when she get to US is there someone who will provide her shelter? and other needs or is she gonna provide everything by herself?
Beach828

Plainfield, IN

#20 Feb 15, 2010
www.ice.gov

No mess - no problems

Send the filthy bastards
back to good ol mexico(port 0 let).
Cali 67

Castro Valley, CA

#21 Jun 28, 2010
Does anyone know after all paper work and proof is entered how long does the approval take?

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