U Non-Immigrant Visa
The United States Congress passed the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in 2000. The reasoning behind this legislation is to foster cooperation between the victims and the law enforcement agencies in their investigation and prosecution of those who commit domestic violence, sexual assault, trafficking of aliens, and other crimes, while also protecting victims of crimes who have suffered mental and/or physical abuse as a result of the crime. The legislation also helps law enforcement agencies to provide protection and better serve victims of crimes. The passage of this law resulted in the creation of the U non-immigrant visa.
Eligibility
The intention of the U visa is to provide immigration relief for individuals who have been victims of physical or mental abuse and are helping the law enforcement authorities in the prosecution of those responsible for the crime. In order for the beneficiary to qualify for the U non-immigrant visa, the beneficiary must show that :
they are a victim of criminal activity (as specified by USCIS).
- they have suffered physical or mental abuse as a result of the criminal activity.
- they or their friend/guardian possess information about the criminal activity.
- they are/were helpful, or are going to be helpful in the prosecution of the crime.
- the crime violated US Laws or occurred in the United States.
The beneficiary can apply for the U-visa whether or not they are inside or outside of the United States. The U visa is valid for four years and extensions are available in limited circumstances. The U-visa holder will also automatically receive work authorization in the United States.
U- Visa Cap
There is a limit of 10, 000 U-visas per year. Once the limit is reached, any new applicants will be placed on a waiting list.
Family Members
If the principal beneficiary is under 21 years of age, they may apply for a U-visa on behalf of their spouse, children, parents, and unmarried siblings under age 18. If the principal beneficiary is over 21 years of age, they may apply for a U-Visa for their spouse and children. Although the dependants of the U visa holder qualify for work authorization, they will need to file a work authorization application to USCIS.
Applying for Green card
The U-visa holder may apply for permanent residency (Green Card) if they meet certain requirements, namely:
- they must have resided in the United States for 3 continuous years while they held the U visa.
- that they made all reasonable effort to aid the law enforcement authorities in the prosecution of the crime.
Any dependents that did not hold a U visa when the principal received the Green card will not be eligible for the U visa but may apply for the Green Card.
How can our Immigration Lawyers in Boston help…..
The immigration attorneys at the Boston Law Offices of Trupti N Patel have experience in helping clients apply for the U visa status. If you or someone you know has been a victim of a crime such as domestic violence, human trafficking, extortion, involuntary servitude, blackmail, or other qualifying crimes please contact the Law Offices of Trupti N Patel & Associates.
What one of our clients had to say about our Immigration Attorneys in Boston…
“It is a great pleasure to mention to you that I got my I-485 approved. I would like to thank you for your excellent professional guidance during the entire process. Also I would like to thank the entire team for wonderful job. Once again thank you all, may God bless you and your team now and always……”
Rupesh
Law Offices of Trupti N Patel & Associates
One Boston Place
201 Washington St #2600
Boston, MA 02108
Removal of Conditions on Green Card (Permanent Residency)
When the USCIS issues a conditional green card (permanent residency), it is only valid for a period of 2 years. To remain a permanent resident, the green card holder must remove the conditions within the 90 days before the card expires. A conditional green card cannot be renewed. The conditions must be removed or the holder will lose their permanent resident status. The conditions can be placed on :
- a permanent resident based on marriage or
- a permanent resident for Entrepreneurs
Removing Conditions on Permanent Residency based on Marriage
If the beneficiary was married for less than two years when they were given permanent residency, then their permanent residence status is conditional. The beneficiary is issued a conditional resident status to make sure that they did not get married for the sole purpose of evading the immigration laws of the United States. The beneficiary must file a petition to remove these conditions.
Eligibility Criteria
The beneficiary may apply to remove the conditions on permanent residence for the following reasons:
- If the beneficiary remains married to the same U.S. citizen or permanent resident after 2 years. The beneficiaries children may be included in the application for the removal the conditions if they received their conditional-residency status either at the same time or within 90 days of the their parents’ receiving their conditional permanent residency.
- If the beneficiary is a child who cannot be included in their parents’ application.
- If the beneficiary is a widow/widower who entered into their marriage in good faith.
- If the marriage between the beneficiary and the permanent resident/US citizen ended through divorce or annulment
- If the beneficiary or their children were physically/mentally abused or subjected to extreme hardship by their U.S.-citizen/ permanent-resident spouse.
Divorced or Battered
The beneficiary can apply to waive the joint filing requirement if they are no longer married to their spouse, or if the beneficiary or their children have been battered or abused by their U.S.-citizen or lawful permanent-resident spouse or parent. In such cases, the application to remove conditions on their permanent residency can be filed at any time after they become conditional resident but prior to being removed from the United States.
Children’s Conditional Green Card
If the beneficiary’s children received conditional resident status within 90 days of when their parents did, then the children may be included in beneficiary’s application to remove the conditions on permanent residence, otherwise a separate removal application must be filed for their children.
Removing Conditions on Permanent Residency for Entrepreneurs
If the permanent residency was granted based on investment, then the residency status is given conditionally for a period of two years on the day that the beneficiary is admitted to the United States. The application to remove the conditions on permanent residency status must filed within 90 days before the second anniversary of the beneficiary’s admission to the United States as a conditional resident. After filing the application to remove the conditions, the beneficiary’s conditional permanent resident status will be extended for 6 months or until the their application has been approved, whichever is longer.
Forgot to File or Filing Late?
If the application to remove the conditions is not submitted as required, the beneficiary will automatically lose their conditional permanent resident status as of the 2nd anniversary of the date when they were granted conditional status. This may trigger removal proceeding of the beneficiary from the United States. If the application was not filed in the time allocated, the beneficiary may submit:
- A request to excuse the late filing
- A written explanation that shows that beneficiary failure to file on time was a for a valid and acceptable reason
How we can help…..
The Law Offices of Trupti N Patel & Associates – Boston Immigration Lawyers – has helped many of conditional permanent residents with applying for the removal of conditions on their permanent residency. If you need help with filing an application for the removal of conditions on your green card, please contact us at (617) 367-6750 or arrange an in-person consultation with one our immigration Lawyers.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
Asylum
People from all over the world apply for asylum in the United States every year. They come to the United States because they are either persecuted or fear being persecuted for their race, practicing their religion, or their political or social affiliations in the country of their residence. The eligible asylum applicant may be granted permission to remain in the United States.
Family
The family members (spouse and unmarried children under the age of 21 years) of the asylum seeker can be included in the application for asylum. If the asylum seeker has already been granted asylum in the United States and wants to bring their family members to the United States, the family member’s application must be filed within two years of being granted asylum.
Working in the United States
The asylum seeker is not permitted to work in the United States at the same time that they are applying for asylum. The asylum seeker can only apply for work authorization if 150 or more days have elapsed since the complete asylum application was submitted and the application has not been approved. The applicant can work immediately once they have been granted asylum. Although not necessary, some asylees obtain Employment Authorization Documents (EADs) for convenience or identification purposes.
Applying for Green Card
The asylee may apply for a green card one year after being granted asylum by applying for an Adjustment of Status for themselves as well as each member of their family that was filed as part of their asylum application.
How can we help…
The Law Offices of Trupti N Patel & Associates has been successful in helping a number of individuals seek asylum in the United States. If you are an asylum seeker and are looking at your immigration options and would like a consultation, please call us at (617) 367-6750 or click here to request a consultation regarding Asylum with one of our Immigration Lawyers in Boston, Massachusetts.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
Deferred Action for Childhood Arrivals (DACA)
What Is DACA
The Secretary for the Department of Homeland Security (DHS) announced on June 15, 2012, that individuals who had entered the United States as children and who meet the guidelines set forth by the DHS, may request consideration of deferred action for a period of two years, subject to renewal. Qualified individuals may also be eligible for work authorization. This provision allows the deferral of the removal proceeding against the qualified individuals for a specified period.
Eligibility
In order to qualify to apply for the DACA, you:
- Must be at least 15 years old (unless you are under removal proceedings or have a final departure order)
- Were under the age of 31 as of June 15, 2012.
- Entered the United States before age of 16;
- Have lived in the United States from June 15, 2007, until the present time without leaving.
- Were physically present in the United States on June 15, 2012, as well as at the time of applying for the deferred action.
- Did not have lawful immigration status on June 15, 2012;
- Are currently in school, have graduated from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the US Coast Guard or US Armed Forces and
- Have not been convicted of a felony, a significant misdemeanor (or three or more other misdemeanors) and are not a threat to national security or public safety.
How can we help….
The Law Offices of Trupti N Patel & Associates has made several applications for DACA on behalf of our clients. If you would like a consultation regarding an application for DACA with one of our immigration lawyers please call us at (617) 367-6750 or click on here to request a consultation with one our Immigration Lawyers Boston, Massachusetts.
If you plan on attending a consultation with one of our immigration attorneys, in person, please see the Directions to our Office
Law Offices of Trupti N Patel & Associates
One Boston Place, 201 Washington St #2600, Boston, MA 02108
(617) 367-6750
