Both the T and the U visas were created by Congress to encourage the victims of certain serious crimes to cooperate with law enforcement in exchange for legal status in the United States. There are important differences between the two visas, and different types of evidence are necessary to establish eligibility. You should consult with an immigration attorney to determine which is the right visa for you. T Visa Holders Must Have Been “Trafficked” Into The United States The T visa is only available for the victims of human trafficking. An individual must be present in the United States as a result of the trafficking, which may include someone who was in the United States for a vacation or another purpose and then became the victim of trafficking. To be eligible for a T visa, a victim must have been recruited, forced, abducted, or deceived into coming to the United States by the perpetrator of human trafficking. It does not matter whether the applicant was…Read More
U visas and VAWA petitions are different in many ways. If you have been the victim of a crime, determining which avenue is best for you can be complicated. You may want to consult with an experienced immigration attorney to determine which immigration path is right for you. No Limit On VAWA Petitions U visas have an annual 10,000 visa cap. VAWA petitions have no cap. This means that a U visa applicant may have to wait until the following year if the cap has been met. Faster Path To A Green Card With A VAWA Petition After your U visa application is approved, you may be placed on a waitlist for several years before the visa is actually available. This is due to the 10,000 visa cap. After receiving your U visa, you will then have to wait three (3) years before applying for a green card. The approval process for a VAWA petition can range from several months to two years. You can…Read More
While an attorney is not required for your petition under the Violence Against Women Act (VAWA), there are some important reasons you should consider hiring one. Determining Your Potential Eligibility There are some distinct requirements that are necessary to establish that you qualify for a green card under VAWA. An attorney can look at your situation before you even begin the application process and determine whether you have a chance of being successful in your application. If you’re not eligible for VAWA, the attorney may find another visa program you can consider. Determining What Evidence You Need Applying for VAWA doesn’t just involve filling out a few forms and hoping for approval. You must provide concrete evidence establishing all of the necessary elements in order to qualify. This can be complicated, and you may not know exactly what is necessary to prove your case. An attorney, especially one with experience in VAWA cases, can help determine exactly what evidence is necessary to establish your case.…Read More
The T visa was established to help combat human trafficking. It is intended to provide immigration relief to those who are the victims of human trafficking. A T visa allows a survivor to work temporarily in the United States and provides a path to a green card. The Benefits Of A T Visa A T visa allows a holder four years of lawful immigration status and four years of employment authorization. A T visa holder can also apply for a green card if they meet certain criteria. A holder may be eligible for federal refugee benefits, which include cash assistance, food stamps, and job training. With a T visa, a holder also has the ability to petition for certain family members. For applicants over 21 years old, these family members include children and spouses. For those under 21, the family members can include spouses, children, parents, and unmarried siblings under 18 years old. There is a cap of 5,000 T visas per year, but as…Read More
In 2017, the Trump administration stopped accepting first-time applications for DACA and left the program in limbo. But in December of 2020, a federal court signed an order reopening the door for first time DACA applicants. Under the order, the Department of Homeland Security had three days to post a public notice that it was accepting new applications. A Big Win The court ruling was a big win for young people who were brought to the United States when they were children. The program shields about 650,000 people from deportation and allows them to legally work in the country. In compliance with the court order, the U.S. Citizenship and Immigration Service updated its website with a notice confirming it will take new DACA applications. New applicants are advised to act quickly in getting their applications in now since the government may appeal that court ruling, leaving the future of DACA somewhat unclear. A Long Legal Battle After the Trump administration stopped accepting new applications and…Read More
The Deferred Action for Childhood Arrivals (DACA) program is a useful immigration tool for young people who were brought to the United States as children. What Is DACA? DACA is a program created by the Obama administration in 2012 to protect from deportation certain undocumented immigrants who came to the United States as children. In addition to protection from deportation, DACA recipients are eligible for a social security number, work authorization, and a state-issued ID or driver’s license. Do DACA Recipients Have Full Legal Status? No. DACA does not grant lawful status such as a visa or a green card and does not provide a path to United States citizenship. Who Qualifies For DACA? In order to be eligible for DACA, applicants must meet the following criteria: Entered the United States unlawfully prior to their 16th birthday Have lived continuously in the United States since June 15, 2007 Were under age 31 on June 15, 2012 Were physically present in the United States on June 15,…Read More
The decision to hire an immigration attorney is a personal one, and you want to make sure that you hire the right one for you. Here are some things to look for when deciding who to hire: Experience The most important thing to look for in an immigration attorney is experience, especially with the type of matter you are seeking help with. Check out the attorney’s website or talk to the attorney to get more information about the types of matters they handle the most and see how long they’ve been practicing. Past Success You want to make sure that the attorney you hire has been successful in their practice. The best way to determine this is to look at testimonials from past clients. Were past clients happy with the service they received or did they have complaints? Ask to see references from the attorney and check out review sites. A Different Approach If you have a complex immigration issue, then you want to make…Read More
In order to remain at the top of their field, athletes, entertainers, and other performers must travel the globe in order to remain at the top of their field. This often involves working in the United States. In order to perform in the United States, an entertainer must be sure to have the right visa in place. There are two options you may want to consider if you’re an entertainer looking to work in the United States. An experienced immigration attorney can help you may the right decision for your circumstances. P-1 Visas P-1 visas are available to athletes, artists, and entertainers who wish to work in the United States. You may be eligible for a P-1 visa if you are an entertainer, or group of entertainers, recognized as outstanding. P-1 visa holders may perform for payment or prize money. Visa holders may travel freely between the United States and other countries. O-1 Visas O-1 visas are available for individuals with extraordinary abilities in the…Read More
The most commonly used nonimmigrant work visas are the L-1 and H-1B visas. These visas have some things in common, but there are also quite a few differences. If you are in the process of choosing a route to the United States, it may difficult to choose which visa is right for you. If you work for a multinational corporation, then the L-1 visa is probably the most appropriate. The H-1B visa will work if you want more flexibility in your job. L-1 Visa The L-1 visa is also known as the intra company transfer visa. It allows multinational companies to transfer employees from foreign locations to those in the United States. The L-1 visa applies to managerial and executive employees or employees with specialized knowledge. An individual with specialized knowledge must possess knowledge about the company’s operations. An L-1 visa is a dual intent visa and the maximum length an individual is allowed to stay in the United States is seven years. H-1B Visa…Read More
A J-1 visa is a nonimmigrant visa available to exchange visitors who are teachers, professors, research scholars, or people with specialized skills. One of the advantages of a J-1 visa is that you are allowed to change to another nonimmigrant visa if you wish to stay in the United States after your program has ended. The O-1 visa is one of the categories you can easily switch to. There are some distinct advantages to O-1 visa that make it an attractive option. Advantages Of An O-1 Visa O-1 visas are for those individuals who demonstrate extraordinary ability in a number of different fields including academics, athletics, science, and the arts. One of the advantages of an O-1 visa is that you can apply for an unlimited number of extensions and potentially stay in the United States indefinitely as long as you continue to meet the criteria. Another advantage is that, unlike other work visas, there is no annual cap on the number of O-1 visas…Read More