Preparing for H-1B Visa 2016 Cap Season

Posted on March 13, 2015 by Katz Law Office

foreign engineer, h-1b visa, Chicago immigration attorneysOn April 1, 2015, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa applications, which will count toward the H-1B cap for the 2016 fiscal year. The 2016 fiscal year begins on October 1, 2015. Each year, there is regular cap of 65,000 H-1B visas. There is also an advanced exemption for the individuals who have obtained a U.S. master’s degree or higher. The advanced exemption limit is 20,000.

Every year, the H-1B cap fills up quickly. Last year, USCIS received the sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2015 by April 7, 2014. In this regard, employers with H-1B workers and visa applicants should begin preparing to ensure that all the necessary documents and information is timely provided to USCIS.

Beginning April 1, there is an initial intake period when USCIS accepts applications. After the intake period ends, and if USCIS receives more H-1B petitions than the cap allows, USCIS will run a random selection process to select the number of petitions needed to meet the caps.

Eligibility under H-1B Visa Program

H-1B visas are reserved for U.S. businesses that employ foreign workers “in specialty occupations that require theoretical or practical application of a body of highly specialized knowledge.” Examples of “specialty occupations” include scientists, engineers, or computer programmers.

To apply for an H-1B visa, there are specific requirements and detailed procedures that USCIS requires applicants to follow. For example, USCIS requires applicants to submit a Labor Condition Application, which is used to show that H-1B visa holders do not adversely affect the wages and working conditions of U.S. workers. If you have any questions regarding whether you qualify for an H-1B visa application or the process to obtain a visa, a Chicago immigration attorney can help you through this process.

Are Changes Coming to H-1B Visa Program?

Congress has recently taken steps to introduce legislation that would increase the number of H-1B visas available each year. Recently, three Republican and three Democratic Senators introduced legislation, the Immigration Innovation bill, to increase the annual cap on H-1B visas from 65,000 to 115,000. Furthermore, the legislation also proposes eliminating the restriction of H-1B visas for workers with advanced degrees from U.S. institutions in science, technology, engineering and math.

The legislation is not just limited to expanding the annual cap. Senator Orrin Hatch, one of the bill’s sponsors, said that it would “authorize employment for the dependent spouses of H-1B visas holders and allow a grace period for foreign workers to change jobs and not be out of status.” It would also bring changes to other visa programs, including visa programs for students, persons with extraordinary ability, and outstanding professors and researchers. Hatch hopes that the bill will provide an opening to “more progress” on a broader immigration bill.

The bill, however, will likely be met much resistance from other members of Congress, as have previous attempts to increase the H-1B cap. One opponent, Senator Jeff Sessions (R-AL), cannot understand “why we would ever consider advancing legislation that provides jobs for the citizens of other countries at the expense of our own.”

Contact a Chicago Immigration Attorney

If you have any questions regarding H-1B visas or the process to obtain one, the experienced Chicago immigration attorneys at Katz Law Office, Ltd. can help you. We have several convenient locations in the Chicagoland area, and we offer a free initial consultation.

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Labor Unions Reach Out to Immigrants to Increase Membership

Posted on March 5, 2015 by Katz Law Office

Chicago immigration attorney, labor unionOver the last months, President Barack Obama’s executive action on immigration has garnered significant attention in the press. Two key components of the plan—expanding the population eligible for the Deferred Action for Childhood Arrivals and allowing certain parents of U.S. citizens and lawful permanent residents to request deferred action—are expected to curb the deportation for about four million immigrants who came to the country without authorization.

President Obama’s executive action plan has been met with both strong praise and severe criticism. On one end, proponents support the plan because for millions of immigrants it will remove the fear of being deported. Furthermore, it will also allow millions of immigrants to work in the United States and contribute to the economy. On the other end, some have fought back against President Obama’s executive action plan believing that President Obama has usurped his power as president.

Labor Unions Hope Executive Action Plan Can Increase Membership

One group in particular has come out in support of President Obama’s immigration plan and believes that the plan can directly benefit it. Specifically, labor unions throughout the country are reaching out to immigrants in hopes that they can increase the membership in their organizations.

Labor union leaders throughout the country hope that new workers will be motivated to join labor unions by removing the fear of deportation for millions of immigrants. From 2003 through 2013, membership in labor unions dropped by more than 1.2 million people. During this same period, the number of union workers fell from 12.9 percent to 11.3 percent. Now, with the new executive action immigration plan, unions hope to reverse course and increase membership in unions.

Tom Balanoff, president of Service Employees International Union Local 1, believes that the immigration plan will have “very positive changes,” and he hopes “that more workers will come forward and want to organize.”

To take advantage of the millions of individuals who will now be authorized to work, SEIU has launched a website to educate immigrants about the new immigration plan. The SEIU hopes that its efforts will help increase its membership, which includes more than two million janitors and maintenance workers.

The AFL-CIO is also seeking to increase its membership from the new pool of authorized workers by training organizers to recruit eligible workers. Also, United Food and Commercial Workers is reaching out to community groups and churches in an effort to recruit new members. Labor unions believe that membership in their organizations can help immigrants by preventing labor abuses, such as wage and theft discrimination. Additionally, labor unions can provide immigrants a voice during election time, even though immigrants are not allowed to vote.

Contact a Chicago, Illinois Immigration Attorney

If you have questions regarding President’s Obama executive action immigration plan and how to qualify for employment relief, an experienced Chicago immigration attorney can help you. The immigration attorneys at Katz Law Office, Ltd. have significant experience providing immigration advice on a variety of matters, including visa assistance and deportation defense.

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Study Suggests New Tourist Visa Laws Would Bolster U.S. Economy

Posted on February 25, 2015 by Katz Law Office

new tourist visa laws, Illinois immigration attorneyGenerally, if a citizen of another country wants to come to the United States as a tourist, then the citizen will need to obtain a visitor visa. This is also know as a B-2 visa. A B-2 visa allows a foreigner to travel to the U.S. for tourism, vacation, medical treatment, to visit with friends or family, to participate in amateur sports, or to enroll in a short recreational course of study.

The process to obtain a tourist visa or any type of visa can sometimes be a multi-month process. Sometimes this process even involves an in-person interview at a U.S. Embassy or Consulate that requires a person to travel hundreds of miles to attend the interview. For citizens of some countries, the process to obtain a tourist visa is not easy and may actually deter some tourists from visiting the United States.

Fortunately for citizens of certain countries, they are allowed to enter the United States for tourism without a visa. This means they do not need to wait for months as their visa application is processed, nor do they need to attend an in-person interview. This is known as the Visa Waiver Program. The program permits citizens from only 38 countries to enter the United States without a visa. Notably, citizens from Mexico and China must obtain a B-2 visa in order to enter the United States for tourism.

Improved U.S. Tourist Laws Could Boost Economy

A recent study published by the Partnership for a New American Economy believes that improved U.S. tourist laws can significantly benefit the U.S. economy. The study shows that expanding the Visa Waiver Program to Brazil, Hong Kong, Israel, Poland, South Africa, and Turkey would benefit the U.S. economy by adding revenue of more than $7.5 billion and creating about 50,000 jobs. John Feinblatt, Chairman of the Partnership for a New American Economy, believes “the competition for tourism dollars is stiff, and our current visa policies are putting us at a disadvantage.”

According to the study, when a country joins the Visa Waiver Program there is a significant number of tourists who visit the United States in the following years. In the first five years after a country joins the Visa Waiver Program, the study found that the number of tourists from the country increased by 16.4 percent. The study predicted that if six countries—Brazil, Hong Kong, Turkey, Israel, South Africa and Poland—were added to the Visa Waiver Program, then the following year would see more than 600,000 tourists visiting the United States and about 1.7 million over five years. On average, international travelers spend $4,500 per visit to the United States.

Contact an Illinois Immigration Attorney

If you are looking to come to the U.S. for tourist purposes, you may need a B-2 visa for you and your family. A Chicago immigration attorney can help you understand the requirements and how to obtain a tourist visa. Contact one of our Illinois immigration attorneys for advice and assistance today.

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The Number of Unauthorized Immigrants in Illinois Falls

Posted on February 19, 2015 by Katz Law Office

unauthorized immigrants in Illinois, Chicago immigration lawyerIllinois is one of 14 states where the population of undocumented immigrants decreased in 2012. According to the Pew Research Center, the population of undocumented immigrants throughout Illinois decreased from 500,000 in 2009 to 475,000 in 2012. However, in seven other states including Florida, Maryland, New Jersey, Pennsylvania, and Virginia, the population rose during the same period. Overall, the number of undocumented immigrants from 2009 to 2012 remained unchanged at 11.2 million people. This number is still lower than in 2007 when the number of unauthorized immigrants peaked at 12.2 million.

Illinois still remains one of the most populous states for undocumented immigrants. In fact, the Pew Research Center has placed Illinois as the sixth most populated state for undocumented immigrants. Illinois is behind California, Texas, Florida, New York and New Jersey. These six states comprise about 60 percent of the undocumented immigrant population in the United States.

Why the Decrease in Unauthorized Immigrants in Certain States?

According to the Pew Research Center, 13 of the 14 states experienced a decline in undocumented immigrants because of the decrease in the number of unauthorized immigrants from Mexico. In 2012, Mexican immigrants comprised 52 percent of the unauthorized immigrants in the United States. Since 2009, the number of Mexican unauthorized immigrants dropped by about half a million people. The Pew Research Center suggests two reasons for the decline: an increase in departures to Mexico and a decrease in arrivals from the country.

President Obama’s Executive Order Will Provide Relief for Undocumented Immigrants

Recently, President Obama announced several executive actions to allow certain undocumented immigrants to remain in the United States without fear of deportation. Obama’s executive action plan has two programs of note: expanding Deferred Action for Childhood Arrivals program and creating a Deferred Action for Parents of Americans and Lawful Permanent Residents program.

Under the expanded DACA program, the eligible population will now include young people who came to this country before turning 16 years old and have been present since January 1, 2010. Furthermore, work authorization will be extended from two to three years.

For the newly created deferred action for parents, an undocumented parent of a U.S. citizen or lawful permanent resident will be able to apply for deferred action under certain guidelines. The parent must have resided in the United States since January 1, 2010, must be a parent of an U.S citizen or LPR on or before November 20, 2014, and must pass a background check and pay taxes.

Of the 11.2 million unauthorized immigrants, The Pew Research Center estimates that about 4 million lived with their U.S.-born children, either minors or adults, in 2012.

Contact a Chicago, Illinois Immigration Attorney

If you have any questions regarding how to take advantage of or how you may be affected by President Obama’s new immigration plan, a Chicago immigration attorney at Katz Law Office, Ltd. can help answer all your questions. Our experienced Chicago immigration attorneys provide a wide range of immigration services, including visa assistance and deportation defense. Contact one of our Chicago immigration attorneys today for a free case consultation.

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Understanding the Deferred Action for Parental Accountability Program

Posted on February 11, 2015 by Katz Law Office

Deferred Action for Parental Accountability, Chicago immigration attorneyIn November, President Obama announced an executive action immigrant plan that will provide temporary relief for millions of immigrants living in the United States who fear deportation. It is estimated that around five million immigrants will benefit under President Obama’s new immigrant plan. One major component of President Obama’s immigrant plan is implementing a new Deferred Action for Parental Accountability program.

What is Deferred Action for Parental Accountability?

The Deferred Action for Parental Accountability (DAPA) program allows parents of U.S. citizens and lawful permanent residents who have been in the United States since January 1, 2010 to temporarily remain in the country. An eligible participant under the program can request deferred action to remove the fear of being deported from the country.

The DAPA program will also allow an eligible parent to apply for employment authorization, if the applicant passes a criminal background check. The employment authorization will initially be valid for three years.

Who Qualifies for the DAPA Program?

In order to apply for deferred action under the DAPA program, a parent must meet the following requirements:

Importantly, even if a parent meets the initial requirements for the DAPA program, U.S. Citizenship and Immigration Services will process applications on a case-by-case basis. When processing DAPA applications, USCIS may consider enforcement priorities, including national security and public safety threats.

How Do I Apply for Deferred Action Under the DAPA Program?

USCIS is not currently accepting applications under the DAPA program. USCIS expects to begin processing applications about 180 days after President Obama’s announcement, which took place on 20 November 2014. In addition, USCIS has not published the application for applicants under the DAPA program, nor has USCIS identified what specific documents will be required for DAPA applicants.

Nevertheless, it would behoove parents interested in submitting DAPA applications to begin gathering documents that are likely to be requested. Specifically, eligible applicants will likely need to submit proof of their identity and evidence establishing that they have lived in the United States since January 1, 2010. Evidence may include credit card bills, lease agreements, bank statements, or gas, electric or telephone bills.

Currently, USCIS has not set a cutoff date for deferred action applications under the DAPA program, but this could change in the future. Therefore, all eligible applicants are encouraged to apply as soon as possible.

Contact a Chicago, Illinois Immigration Attorney

If you have questions regarding the Deferred Action for Parental Accountability program or any part of President Obama’s executive action immigrant plan, an experienced Chicago immigration attorney can help answer all your questions. Katz Law Office, Ltd. employs a team of experienced Illinois immigration attorneys who can help you understand your rights under new the immigration plan and keep you updated on any changes.

Contact our Chicago immigration attorneys today for a free consultation. We have several offices located throughout Chicagoland area.

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Know Your Rights: Form I-9 and Deportation Proceedings

Posted on February 4, 2015 by Katz Law Office

deportation proceedings, Chicago deportation defense attorneyEach employer in the United States must have a document on file that verifies an employee’s authorization to work within the country. This is known as Form I-9. An employee must attest on the Form I-9 regarding his or her employment authorization and provide an employer with acceptable documents evidencing identity and employment authorization. Either an employee or employer may be subject to penalties for failing to comply with Form I-9 rules and guidelines.

Possible Penalties for Incorrect Form I-9

Various penalties exist if an employer to fails to properly verify an employee’s identity and work authorization or fails to complete and retain the Form I-9. Employers who violate the law may be subject to civil fines, criminal penalties, and other court-ordered requirements.

What if an employee fails to properly complete Form I-9? What are the potential penalties?

For any individual who knowingly commits or participates in acts relating to document fraud, individuals can be found liable for up $3,200 for the first offense and up to $6,500 for each subsequent offense. More importantly, an improperly completed Form I-9 may be used as evidence in deportation proceedings for immigrants who are not U.S. citizens,

False Form I-9 Supports Deportation

In 2008, a Kenyan native and citizen entered the United States as a nonimmigrant student. In December 2009, the Department of Homeland Security (“DHS”) sought to deport him from the country because he failed to maintain or comply with a condition of his status. In a hearing before an immigration judge, the Kenyan citizen applied for adjustment of status as the beneficiary of a visa petition filed by his spouse, a United States citizen.

The DHS argued that the Kenyan citizen was “inadmissible as an alien who falsely represented himself to be a United States citizen.” In support of its case, the DHS presented two different Form I-9s in which the Kenyan citizen checked the box as a United States citizen. The Kenyan citizen did not believe that he signed the forms; however, the immigration judge did not find the testimony credible. The judge, therefore, found that the Kenyan citizen was ineligible for adjustment status because he lacked good moral character in misrepresenting his legal status.

On appeal of the judge’s decision, the Board of Immigration Appeals held that Form I-9 may be used as evidence to determine an alien’s eligibility for relief from removal. Furthermore, the Form I-9 may be used as evidence in immigration proceedings, including cases where an alien is subject to deportation for making a false claim of citizenship.

Contact a Chicago Immigration Attorney

When you or a family member is subject to deportation proceedings, it can be a stressful time in your life. However, an experienced Chicago deportation defense attorney can help you through this process. Our deportation defense attorneys have extensive experience providing deportation and removal defense services. We will pursue every avenue to protect your rights. Contact our Chicago immigration attorneys today for a free initial consultation.

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Immigration Problems: Aggravated Felonies, Crimes of Moral Turpitude

Posted on January 27, 2015 by Katz Law Office

aggravated felony, Chicago immigration attorneys, crimes of moral turpitude, deportation, U.S. immigration law, CIMT casesWhen someone is applying to immigrate to the United States, or has already come to the United States but has not naturalized, he or she must be extremely careful regarding his or her criminal record. There are specific crimes that will render someone either inadmissible or deportable (depending on whether he or she is inside or outside the country when the crimes are discovered) if they appear on someone’s record. Sometimes, waivers are available; often, however, it is not possible to remove the crime from one’s record, and he or she must simply stay away.

Crimes of Moral Turpitude

The term ‘crime involving moral turpitude’ (CIMT) is never expressly defined in U.S. immigration law. However, judicial precedent has delineated certain crimes that have been held to be crimes of moral turpitude. The common elements that have been shown to appear in many CIMT cases are fraud, larceny, and/or intent to harm (people or property). The more elements a crime contains, the more likely it will be held a CIMT. However, a generalized definition is that a CIMT ‘shocks the conscience of the populace.’

It is pivotal to understand CIMTs because committing a certain number of them will render a defendant inadmissible (or deportable, if they are already in the country). For quite some time, the defendant’s job was even more difficult than one might think, due to Matter of Silva-Trevino, an administrative case that held that in some cases, an immigration judge was permitted to examine facts not in evidence in order to determine whether or not the defendant had committed a CIMT. Thankfully, Silva-Trevino was overruled in 2013 by Olivas-Motta v. Holder, which restricted judges to the record.

There are two ways that committing one or more CIMTs can render an immigrant deportable. The first is if he or she commits a CIMT within the first five years after admission, while the second is committing two or more CIMTs that did not result from a single scheme of criminal misconduct any time after the immigrant is admitted. An example of the second would be if someone kidnapped one person and assaulted a second; however, if a person kidnapped two people in succession, that would likely be held as a single scheme.

Aggravated Felonies

Any illegal immigrant who is convicted of an aggravated felony is deportable and/or inadmissible, with no further palaver possible. However, something that constitutes an aggravated felony in immigration terms may be neither aggravated, nor a felony—a crime is ultimately an aggravated felony if Congress has mandated that it is.

Aggravated felonies carry significant immigration penalties, not least of all that committing one renders an immigrant deportable in nearly all circumstances. It also renders an immigrant unable to receive certain other benefits like cancellation of removal or voluntary departure. The immigrant also may not apply for asylum.

Perhaps the most difficult consequence of committing an aggravated felony is that it renders someone permanently ineligible to return to the United States once he or she has left. Commission of an aggravated felony renders someone permanently inadmissible, and only an extremely unusual and rare waiver (under Section 212(h) of the Immigration & Nationality Act) will get rid of the problem. To obtain a 212(h) waiver, one must show extreme hardship to U.S. citizen family members, as well as eligibility for a family-based green card. The aggravated felony must also not have been drug-related or especially violent.

Contact an Immigration Attorney for Help

If you have been convicted of a crime and need help determining whether it is a CIMT or aggravated felony, the Chicago immigration attorneys at Katz Law Office, Ltd. can be of assistance. We have several convenient Chicagoland locations, and one in Mexico City, to assist you with your immigration needs. Contact us for a consultation today.

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Cities Limit the Number of Immigrants Held in Jail

Posted on January 25, 2015 by Katz Law Office

Chicago immigration attorney, immigrants held in jail, federal immigration detainers, civil immigration law, immigration status, immigration attorney, detained immigrantCities around the country, including Chicago, have enacted various ordinances and legislation to curb the ability of local officials to hold immigrants in jails at the request of federal immigration authorities. New York City is the most recent city to take such efforts.

Last month, the New York City Council, by a 41 to six vote, passed new legislation, which provides that city authorities will no longer honor detainer requests from U.S. Immigration and Customs Enforcement, subject to limited exceptions. New York officials currently abide by detainment requests from immigration officials by transferring suspected illegal immigrants to immigration officials or holding them in jail for up to 48 hours.

U.S. House of Representative Michael Grimm stated that the new legislation is a disgrace” that would “incentivize illegals to come to our city.” Mayor Bill De Blasio is expected to sign the legislation. Many cities, including Chicago, believe this type of legislation is important to protect their residents. Cities that don’t honor detainer requests from immigration officials include Philadelphia, San Diego, Newark, Chicago, and Los Angeles.

Chicago Enacted Legislation in 2012 Limiting Detainer of Immigrants

Chicago has been a welcoming city for immigrants and has been on the forefront of protecting immigrants’ rights. In 2012, Chicago continued on this path when it passed an ordinance that significantly prohibits local police from detaining individuals on behalf of federal immigration authorities.

The ordinance, known as the “Welcoming City Ordinance,” prevents local police from arresting, detaining, or continuing to detain a person “solely on the belief that the person is not present legally in the United States, or that the person has committed a civil immigration violation.”

Furthermore, subject to certain limited exceptions, local officials can no longer honor federal immigration detainers, which are requests to detain an individual based on a violation of a civil immigration law. In short, federal officials cannot request an individual to be detained if the sole reason is that the individual is a suspected illegal immigrant. There are, however, exceptions to this rule, including if the individual has an outstanding criminal warrant, has been convicted of a felony, is a defendant in a criminal case, or has been identified as a known gang member by law enforcement or by his or her own admission.

Cook County Commission Jesus “Chuy” Garcia, a hopeful for the upcoming mayoral election in Chicago, shows a similar attitude towards protection of immigrants’ rights through the separation of the police force and immigration officials. Himself an immigrant from Mexico, Garcia aims to ensure protections for immigrants in Chicago are consistent with county policy, and hopes to continue establishing a clear separation between local law enforcement and immigration authorities. Furthermore, in 2011, the Cook County Board of Commissioners passed an ordinance allowing “suspected illegal immigrants jailed in misdemeanor and felony cases to be free despite federal requests to have them detained for possible deportation.” The ordinance was spearheaded by Chuy, whose aim was to ensure the “fair treatment of all people.”

Contact a Chicago Immigration Attorney

If you or a loved one has been detained by U.S. Immigration and Customs Enforcement, a Chicago immigration attorney can help protect your rights. The immigration attorneys at Katz Law Office, Ltd. provide aggressive deportation and removal defense services. We will work tirelessly to protect your rights. Contact our Illinois deportation defense lawyers today for a free initial consultation.

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New Executive Action for Parents (Deferred Action for Parental Accountability)

Posted on January 22, 2015 by Katz Law Office

executive action, DAPA, Chicago immigration attorneyWHO CAN APPLY (does not mean you should apply):

  • Parents of residents or U.S. citizens born on or before November 20, 2014;
  • That has been present in the country since January 1, 2010 and were physically present on November 20, 2014;
  • Continues physically present in the U.S. until May, 2015;
  • Has no immigration status;
  • That is not a “priority for deportation.”

SUMMARY OF THE THREE PRIORITIES FOR DEPORTATION:

  • PRIORITY ONE: terrorism, gangs, with felony crimes;
  • PRIORITY TWO: with three minor charges, with “significant” misdemeanors, as DUI, domestic violence or that impose 90 days or more in prison; visa abusers that entered after January 1, 2014;
  • PRIORITY THREE: those with deportation order after January 1, 2014.

BENEFITS OF APPLYING:

  • A pause of being deportable for 3 years;
  • An employment permit if requires to work;
  • Right to travel for purposes of employment, school or humanitarian reasons;
  • Possible residence process for those with immediate relatives U.S. citizens when reentering with “advance parole”;
  • Stop accumulating unlawful presence while is valid.

RISKS IN APPLYING:

  • A “turn yourself in” and “we probably will not deport you” and “likely to give an employment permit ” Nothing more.
  • There is not right to receive it or appeal if it is denied;
  • Those that are suspected of commit fraud in the process will be the first to be deported;
  • May be revoked in January 2017.

REVISION AND RECOMMENDATION YOU WILL GET WHEN HIRE KATZ LAW OFFICE:

  • Our Chicago immigration lawyers will provide you with a list of documents that will give you the most probability to make you eligible with the minimal risk to cause a problem;
  • We send and review your prints to the FBI if you have been arrested;
  • We will review your documents, personal history, current profile and purpose of wanting to apply, and we will provide you with a letter indicating (1) an explanation of the benefits and risks for you personally when (a) applying and (b) is it’s revoked in January 2017; and (2) our opinion on whether or not to apply.
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The U Visa Program: Visas for Victims of Criminal Activity

Posted on January 14, 2015 by Katz Law Office

Chicago immigration attorneys, U visa certifications, U visa program, undocumented immigrants, criminal activity victims, U visa statusIn 2000, Congress created a nonimmigrant visa category that allows victims of certain crimes to obtain a visa. The U visa program, which Congress created through the Victims of Trafficking and Violence Protection Act, allows undocumented immigrants in the United States to obtain a nonimmigrant visa when they have been the victim of “mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.”

According to the U.S. Citizenship and Immigration Services, Congress implemented the U visa program to “to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes,” while at the same time protecting victims of certain crimes.

How Do I Qualify for a U Visa?

To qualify for a U visa, an applicant must be the victim of a qualifying criminal activity and have suffered substantial physical or mental abuse. Qualifying criminal activities include:

  • Domestic violence;
  • Abduction;
  • Sexual assault;
  • False imprisonment;
  • Blackmail;
  • Stalking; and
  • Abusive sexual contact.

In addition, the crime must have occurred in the United States or violated U.S. laws. Furthermore, in order to qualify for the U visa, an applicant must have information regarding the criminal activity that will be helpful to the investigation or prosecution of the crime.

USCIS places a yearly cap on U visas at 10,000; however, there is no limit on the number of family members applying for U visa status as a derivative of a principal applicant. U visas permit immigrants to work in the United States and last four years with possible extensions. In addition, while on a U visa, an immigrant can adjust to lawful permanent resident status.

The Effectiveness of the U-visa Program

A recent special report on the U visa program suggests that the program has been hit or miss for applicants. Specifically, the report found that the ability of undocumented immigrants to obtain U visas is “largely a matter of geography.”

One major problem is that police and prosecutors in certain cities readily verify that an undocumented crime victim may cooperate with authorities, while authorities in other cities make it much more difficult. If a visa applicant does not obtain a certification then the applicant will not be approved for a U visa. Additionally, the report described how authorities in some cities are usurping the authority of USCIS to decide the type of crime or injury that qualifies under the U visa program.

According to the report, from 2009 to 2014, Chicago has had the third most U visa certifications, behind Oakland and Los Angeles.

Contact a Chicago, Illinois Immigration Attorney

If you have any questions regarding U visas or any other nonimmigrant or immigrant visas, an Illinois immigration attorney can help answer your questions. Katz Law Office, Ltd. employs a team of experienced immigration attorneys who can guide you through the process of obtaining a nonimmigrant or immigrant U.S. Visa. From advising you on the right type of visa, to filing your visa application, to handling your visa renewal, our immigration attorneys can help you and your family through the entire immigration process.

If you need visa assistance, please contact our Chicago immigration attorneys today. We have several convenient offices located throughout the Chicagoland area.

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