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U-visas are far from easy to obtain. Consider the case of an illegal immigrant woman who was abused by her boyfriend. The odds of her reporting the abuse to authorities is extremely low, as most immigrants follow try to stay under the radar. If she does report the abuse, she has a multitude of other obstacles to overcome before she can obtain a U-visa.
The U-Visa program was enacted in 2000 as a provision of the Violence Against Women Ac. It allows for victims of “substantial physical or mental abuse” who “have information relating to the crime that would be of assistance to law enforcement in investigating or prosecuting it” to apply for a certain visa to legally remain in the US. The applicant must meet the two aforementioned requirements and show that she is a person of good moral character. Upon meeting theses three elements, an immigrant will be issued a U-visa from Citizenship and Immigration Services and will be allowed to remain in the U.S. legally for three years. At the end of the three years, the individual may choose to either return to her home country, or apply for legal permanent residency in the U.S.
Many anti-immigrant individuals feel that this is an unfair process, as it seems to favor women and is relatively “easy” in comparison to the other requirements for obtaining legal status in the U.S. However, these individuals usually have little to no experience in the immigration field and have no idea that obtaining a U-visa is a huge feat for an illegal immigrant.
The provision of VAWA pertaining to immigrants is commonly misconstrued. What most individuals do not realize is that it is far from easy to get a U-visa, and those who are lucky enough to actually obtain one are, ironically, far from lucky. Not only have they have suffered heinous crimes at the hands of their abusers and will have to live with the consequences for the rest of their lives, but they also will need to face many unrelated obstacles in their quest for a U-visa. These obstacles often prove too difficult for many, and they end up not being able to take advantage of the opportunity at all. In fact, 2009 was the first year the 10,000 cap was actually reached.
The first obstacle immigrants face in obtaining legal status through a U-visa is a lack of information and lack of legal aid services. The U-visa legislation is only 10 years old and is far from being common knowledge to even many Americans. Immigrants seeking legal admission to the U.S. are far less likely to be informed of nuanced programs such as this.
Once an individual has decided to apply for the U-visa, she must either familiarize herself with the complex application process, or, more likely, seek the advice of an attorney. Often there are educational and/or language barriers for immigrants that make it extremely difficult for them to apply for a visa, especially one such as the U-visa, which requires many steps. Consulting an attorney proves to be an insurmountable obstacle for many immigrants because they cannot afford attorney fees.
If an immigrant is fortunate enough to hire an attorney, she must next be ready to essentially admit to Citizenship and Immigration Services that she is illegally present in the U.S. This is an extremely dangerous process because if the application is denied for some reason, the immigrant may be placed into deportation proceedings, and if she cannot prove eligibility for any other legal status, she will be deported.
The most difficult part of the application process is demonstrating that the immigrant has information that might be helpful in the prosecution of domestic violence crimes. Usually this takes the form of a police report from one or more incidents of abuse. The application form itself must be “certified” by the head of the police department that issued the report. Tracking down such an individual is not only extremely difficult in the first place, but getting him/her to sign off on paperwork with which he/she unfamiliar is nearly impossible. Many applications fail at this stage due to the refusal of the officer to certify the application, either due to their lack of understanding of the process, or often, personal reasons, such as anti-immigrant sentiments.
Obtaining legal status in the U.S. for immigrants is far from easy, no matter which route the immigrant takes. It is essential to look at the practical application of the legislation and be aware of its actual effects before attempting to form an opinion. As a former immigration paralegal and a current law student, I have extensive first-hand experience with U-visas, and I think anti-U-visa proponents should make a reasonable attempt to educate themselves before claiming to oppose it.
Location: Oklahoma(formerly SoCalif) Originally Mich,
13,387 posts, read 19,429,775 times
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Quote:
Originally Posted by bes8
U-visas are far from easy to obtain. Consider the case of an illegal immigrant woman who was abused by her boyfriend. The odds of her reporting the abuse to authorities is extremely low, as most immigrants follow try to stay under the radar. If she does report the abuse, she has a multitude of other obstacles to overcome before she can obtain a U-visa.
The U-Visa program was enacted in 2000 as a provision of the Violence Against Women Ac. It allows for victims of “substantial physical or mental abuse” who “have information relating to the crime that would be of assistance to law enforcement in investigating or prosecuting it” to apply for a certain visa to legally remain in the US. The applicant must meet the two aforementioned requirements and show that she is a person of good moral character. Upon meeting theses three elements, an immigrant will be issued a U-visa from Citizenship and Immigration Services and will be allowed to remain in the U.S. legally for three years. At the end of the three years, the individual may choose to either return to her home country, or apply for legal permanent residency in the U.S.
Many anti-immigrant individuals feel that this is an unfair process, as it seems to favor women and is relatively “easy” in comparison to the other requirements for obtaining legal status in the U.S. However, these individuals usually have little to no experience in the immigration field and have no idea that obtaining a U-visa is a huge feat for an illegal immigrant.
The provision of VAWA pertaining to immigrants is commonly misconstrued. What most individuals do not realize is that it is far from easy to get a U-visa, and those who are lucky enough to actually obtain one are, ironically, far from lucky. Not only have they have suffered heinous crimes at the hands of their abusers and will have to live with the consequences for the rest of their lives, but they also will need to face many unrelated obstacles in their quest for a U-visa. These obstacles often prove too difficult for many, and they end up not being able to take advantage of the opportunity at all. In fact, 2009 was the first year the 10,000 cap was actually reached.
The first obstacle immigrants face in obtaining legal status through a U-visa is a lack of information and lack of legal aid services. The U-visa legislation is only 10 years old and is far from being common knowledge to even many Americans. Immigrants seeking legal admission to the U.S. are far less likely to be informed of nuanced programs such as this.
Once an individual has decided to apply for the U-visa, she must either familiarize herself with the complex application process, or, more likely, seek the advice of an attorney. Often there are educational and/or language barriers for iCOLOR="red"]immigrants [/color]that make it extremely difficult for them to apply for a visa, especially one such as the U-visa, which requires many steps. Consulting an attorney proves to be an insurmountable obstacle for many immigrants because they cannot afford attorney fees.
If an immigrant is fortunate enough to hire an attorney, she must next be ready to essentially admit to Citizenship and Immigration Services that she is illegally present in the U.S. This is an extremely dangerous process because if the application is denied for some reason, the immigrant may be placed into deportation proceedings, and if she cannot prove eligibility for any other legal status, she will be deported.
The most difficult part of the application process is demonstrating that the immigrant has information that might be helpful in the prosecution of domestic violence crimes. Usually this takes the form of a police report from one or more incidents of abuse. The application form itself must be “certified” by the head of the police department that issued the report. Tracking down such an individual is not only extremely difficult in the first place, but getting him/her to sign off on paperwork with which he/she unfamiliar is nearly impossible. Many applications fail at this stage due to the refusal of the officer to certify the application, either due to their lack of understanding of the process, or often, personal reasons, such as anti-immigrant sentiments.
Obtaining legal status in the U.S. for immigrants is far from easy, no matter which route the immigrant takes. It is essential to look at the practical application of the legislation and be aware of its actual effects before attempting to form an opinion. As a former immigration paralegal and a current law student, I have extensive first-hand experience with U-visas, and I think anti-U-visa proponents should make a reasonable attempt to educate themselves before claiming to oppose it.
We're talking about "Illegal Aliens" not "Immigrants". So if your going to comment, stick with the issue at hand and stop trying gevert the topic.
U-visas are far from easy to obtain. Consider the case of an illegal immigrant woman who was abused by her boyfriend. The odds of her reporting the abuse to authorities is extremely low, as most immigrants follow try to stay under the radar. If she does report the abuse, she has a multitude of other obstacles to overcome before she can obtain a U-visa.
The U-Visa program was enacted in 2000 as a provision of the Violence Against Women Ac. It allows for victims of “substantial physical or mental abuse” who “have information relating to the crime that would be of assistance to law enforcement in investigating or prosecuting it” to apply for a certain visa to legally remain in the US. The applicant must meet the two aforementioned requirements and show that she is a person of good moral character. Upon meeting theses three elements, an immigrant will be issued a U-visa from Citizenship and Immigration Services and will be allowed to remain in the U.S. legally for three years. At the end of the three years, the individual may choose to either return to her home country, or apply for legal permanent residency in the U.S.
Many anti-immigrant individuals feel that this is an unfair process, as it seems to favor women and is relatively “easy” in comparison to the other requirements for obtaining legal status in the U.S. However, these individuals usually have little to no experience in the immigration field and have no idea that obtaining a U-visa is a huge feat for an illegal immigrant.
The provision of VAWA pertaining to immigrants is commonly misconstrued. What most individuals do not realize is that it is far from easy to get a U-visa, and those who are lucky enough to actually obtain one are, ironically, far from lucky. Not only have they have suffered heinous crimes at the hands of their abusers and will have to live with the consequences for the rest of their lives, but they also will need to face many unrelated obstacles in their quest for a U-visa. These obstacles often prove too difficult for many, and they end up not being able to take advantage of the opportunity at all. In fact, 2009 was the first year the 10,000 cap was actually reached.
The first obstacle immigrants face in obtaining legal status through a U-visa is a lack of information and lack of legal aid services. The U-visa legislation is only 10 years old and is far from being common knowledge to even many Americans. Immigrants seeking legal admission to the U.S. are far less likely to be informed of nuanced programs such as this.
Once an individual has decided to apply for the U-visa, she must either familiarize herself with the complex application process, or, more likely, seek the advice of an attorney. Often there are educational and/or language barriers for immigrants that make it extremely difficult for them to apply for a visa, especially one such as the U-visa, which requires many steps. Consulting an attorney proves to be an insurmountable obstacle for many immigrants because they cannot afford attorney fees.
If an immigrant is fortunate enough to hire an attorney, she must next be ready to essentially admit to Citizenship and Immigration Services that she is illegally present in the U.S. This is an extremely dangerous process because if the application is denied for some reason, the immigrant may be placed into deportation proceedings, and if she cannot prove eligibility for any other legal status, she will be deported.
The most difficult part of the application process is demonstrating that the immigrant has information that might be helpful in the prosecution of domestic violence crimes. Usually this takes the form of a police report from one or more incidents of abuse. The application form itself must be “certified” by the head of the police department that issued the report. Tracking down such an individual is not only extremely difficult in the first place, but getting him/her to sign off on paperwork with which he/she unfamiliar is nearly impossible. Many applications fail at this stage due to the refusal of the officer to certify the application, either due to their lack of understanding of the process, or often, personal reasons, such as anti-immigrant sentiments.
Obtaining legal status in the U.S. for immigrants is far from easy, no matter which route the immigrant takes. It is essential to look at the practical application of the legislation and be aware of its actual effects before attempting to form an opinion. As a former immigration paralegal and a current law student, I have extensive first-hand experience with U-visas, and I think anti-U-visa proponents should make a reasonable attempt to educate themselves before claiming to oppose it.
Cry me a river. 10 THOUSAND U-visas per YEAR? If they're being abused HERE then let them go BACK where they came from.
U-visas are far from easy to obtain. Consider the case of an illegal immigrant woman who was abused by her boyfriend. The odds of her reporting the abuse to authorities is extremely low, as most immigrants follow try to stay under the radar. If she does report the abuse, she has a multitude of other obstacles to overcome before she can obtain a U-visa.
The U-Visa program was enacted in 2000 as a provision of the Violence Against Women Ac. It allows for victims of “substantial physical or mental abuse” who “have information relating to the crime that would be of assistance to law enforcement in investigating or prosecuting it” to apply for a certain visa to legally remain in the US. The applicant must meet the two aforementioned requirements and show that she is a person of good moral character. Upon meeting theses three elements, an immigrant will be issued a U-visa from Citizenship and Immigration Services and will be allowed to remain in the U.S. legally for three years. At the end of the three years, the individual may choose to either return to her home country, or apply for legal permanent residency in the U.S.
Many anti-immigrant individuals feel that this is an unfair process, as it seems to favor women and is relatively “easy” in comparison to the other requirements for obtaining legal status in the U.S. However, these individuals usually have little to no experience in the immigration field and have no idea that obtaining a U-visa is a huge feat for an illegal immigrant.
The provision of VAWA pertaining to immigrants is commonly misconstrued. What most individuals do not realize is that it is far from easy to get a U-visa, and those who are lucky enough to actually obtain one are, ironically, far from lucky. Not only have they have suffered heinous crimes at the hands of their abusers and will have to live with the consequences for the rest of their lives, but they also will need to face many unrelated obstacles in their quest for a U-visa. These obstacles often prove too difficult for many, and they end up not being able to take advantage of the opportunity at all. In fact, 2009 was the first year the 10,000 cap was actually reached.
The first obstacle immigrants face in obtaining legal status through a U-visa is a lack of information and lack of legal aid services. The U-visa legislation is only 10 years old and is far from being common knowledge to even many Americans. Immigrants seeking legal admission to the U.S. are far less likely to be informed of nuanced programs such as this.
Once an individual has decided to apply for the U-visa, she must either familiarize herself with the complex application process, or, more likely, seek the advice of an attorney. Often there are educational and/or language barriers for immigrants that make it extremely difficult for them to apply for a visa, especially one such as the U-visa, which requires many steps. Consulting an attorney proves to be an insurmountable obstacle for many immigrants because they cannot afford attorney fees.
If an immigrant is fortunate enough to hire an attorney, she must next be ready to essentially admit to Citizenship and Immigration Services that she is illegally present in the U.S. This is an extremely dangerous process because if the application is denied for some reason, the immigrant may be placed into deportation proceedings, and if she cannot prove eligibility for any other legal status, she will be deported.
The most difficult part of the application process is demonstrating that the immigrant has information that might be helpful in the prosecution of domestic violence crimes. Usually this takes the form of a police report from one or more incidents of abuse. The application form itself must be “certified” by the head of the police department that issued the report. Tracking down such an individual is not only extremely difficult in the first place, but getting him/her to sign off on paperwork with which he/she unfamiliar is nearly impossible. Many applications fail at this stage due to the refusal of the officer to certify the application, either due to their lack of understanding of the process, or often, personal reasons, such as anti-immigrant sentiments.
Obtaining legal status in the U.S. for immigrants is far from easy, no matter which route the immigrant takes. It is essential to look at the practical application of the legislation and be aware of its actual effects before attempting to form an opinion. As a former immigration paralegal and a current law student, I have extensive first-hand experience with U-visas, and I think anti-U-visa proponents should make a reasonable attempt to educate themselves before claiming to oppose it.
There are no anti-"immigrant" sentiments. Please decipher between them and illegal aliens. They are not the same.
Absolutely! No doubt, they’ll start coming out of the woodwork to report their employers for “workplace violations.” I suppose next they’ll get a U Visa if their landlord fails to repair a leaky faucet. This is total BS.
This could work out good though...having them turn on the employers could possibly make companies think twice about hiring illegals in the first place.
Next up - getting landlords to stop renting to them.
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