Thread: Some illegal immigrants get U Visas

Some illegal immigrants get U Visas
Sun, Mar. 30, 2008

Visa designed to protect victims of serious crimes from being deported

Maria remembers the day in August when she slumped outside her apartment, sobbing from the pain of a broken nose and bruises swelling on her face.

The 29-year-old drywall worker from Mexico said her boyfriend had beaten her that morning and she felt helpless.

"I couldn't defend myself or even talk because he'd choked me," said Maria, whose last name has been withheld for her safety. "I couldn't yell or anything."

Worse, she was afraid to report the domestic violence because she thought police would find out she had entered the country illegally and arrest her.

She didn't realize illegal immigrants can be protected against deportation if they are victims of crime.

This year, the U.S. Citizenship and Immigration Services will begin granting a special "U Visa" to victims of certain serious crimes who cooperate with law enforcement. Legal assistance groups are now helping about 50 victims from the Charlotte region, including Maria and a few men, apply for permission to live and work in the United States.

Congress initially authorized the visa in the Victims of Trafficking and Violence Protection Act of 2000 to encourage more illegal immigrants to report crimes. But with the restructuring of the Homeland Security Department and other bureaucratic delays, it took seven years before the official visa regulations were published in October.

In the meantime, immigration officials have approved 10,846 people nationwide for "interim relief" -- the ability to stay in the country and get work permits.

The idea is that stopping violent crime is more important than someone's legal status, victim advocates said.

"We don't want victims suffering through this and being scared to report it," said Charlotte-Mecklenburg police Capt. Lisa Goeltz.

Goeltz said the U Visa benefits investigations because it makes it easier for police to follow up with illegal immigrants and get them to show up for court.

Each year, 10,000 U Visas will be available to victims (plus spouses and children) of a list of about 25 crimes including rape, human trafficking, kidnapping, sexual assault and murder.

The visa lasts up to four years and visa holders who stay in the country for three consecutive years can apply for permanent residency.

Critics say the system could be abused by immigrants falsely reporting crimes to get visas.

But victim advocates say those people get caught because the extensive application forces them to prove they suffered "substantial physical or mental abuse." A law enforcement official also must sign a form to certify that the visa applicant is helping the investigation.

Legal assistance groups say the majority of their U Visa cases in the Charlotte region come from domestic violence victims. Before the U Visa was created, the Violence Against Women Act of 1994 provided some protection, but only for victims whose spouses were legal residents. Under the U Visa, it doesn't matter if the abuser is legal or even married to the victim. That's how Maria qualified for protection.

She said a friend had to literally drag her to the hospital that day in August, where she later filled out a police report and learned about the visa.

Shawn Saucier, spokesman for U.S. Citizenship and Immigration Services, said he expects more people to apply for U Visas now that law enforcement agencies are learning it became official last fall.

Victim advocates say it could take a while to see the increase in Charlotte. For one thing, they said, organizations that offer free, bilingual legal assistance don't have enough staff, so they've been turning people away.

Plus, they said, illegal immigrants have seemed more afraid to report crimes since the Mecklenburg County Sheriff's Office started a partnership with federal immigration officials about two years ago.

Some victims don't realize that sheriff's officials check the legal status only of those who are arrested, not the person reporting them. Even if victims heard they could qualify to remain in the country legally, they hesitate to go to police because they can see the number of deportations rising, advocates said.

A 27-year-old from the Dominican Republic who is applying for a U Visa said she can understand that fear. She carries a card from her lawyer that says she's in the middle of a domestic violence investigation, in case immigration officials question her status. But that card doesn't guarantee that police won't decide to arrest her anyway. She's still technically illegal until the visa comes through.

"I don't go onto the street," she said. "I don't get into a car alone."

Maria actually spent time in a detention center before lawyers were able to get her released on an interim U Visa. She was pulled over in September for expired license plates. Because she didn't have a driver's license, she said, police arrested her in front of her 11-year-old son. She said she tried to explain that she was applying for a visa but was automatically put through the deportation process.

She spent more than three months in jail, first in Charlotte and later in Etowah County, Ala., before her visa paperwork was processed. She was eventually released on Jan. 10.

If she doesn't get the visa, Maria said she'll return to Mexico. Even a better future for her son isn't worth the constant fear of living an "illegal" life, she said, or worse -- going back to a detention center.

http://www.charlotte.com/breaking_news/ ... 58926.html

I think this has the makings of the most abused of all Visa's

I am in favor of this program and feel that the illegal aliens should be made aware of it. I think that there should not be a sanctuary policy or even a general police policy of not asking people about their immigration status. There should instead be an ombudsmans office within the police force that will take testimony without considering immigration status. When it is appropriate the police ombudsmans office should assist them in getting into this program.

Each year, 10,000 U Visas will be available to victims (plus spouses and children) of a list of about 25 crimes including rape, human trafficking, kidnapping, sexual assault and murder.

In the meantime, immigration officials have approved 10,846 people nationwide for "interim relief" -- the ability to stay in the country and get work permits.

The year is 3 months old and already 846 OVER quota! What happened to 10,000?!?!?

What's to prevent a legal immigrant "spouse" from beating the crap out of the illegal aliens spouse? The illegal gets this U visa and they all live happily ever after?!?!? TOTAL BS!!

Each year, 10,000 U Visas will be available to victims (plus spouses and children) of a list of about 25 crimes including rape, human trafficking, kidnapping, sexual assault and murder






These are the ones I have a problem with.

Ever since AZ has begun prosecuting illegal aliens as co conspirators in human smuggling, every last illegal they catch has now suddenly become an unwilling "victim" of coyotes, or has been "kidnapped".

It hasn't worked thus far, but certainly the potential for abuse is there.

[quote:19goas0n]This year, the U.S. Citizenship and Immigration Services will begin granting a special "U Visa" to victims of certain serious crimes who cooperate with law enforcement. Legal assistance groups are now helping about 50 victims from the Charlotte region, including Maria and a few men, apply for permission to live and work in the United States.

[/quote:19goas0n]

This woman gets beat up by a boyfriend(not even a legal spouse) and she is going to get a free shot at US Citizenship. Better start lining those U Visas up because I have a feeeling we are going to start seeing a sudden increase in these mexican men slapping around their girlfriends, for a chance at that citizenship.

I don't like this either.

Americans don't get special treatment or anything as close as receiving citizenship because they get beat up.

That woman in the sob story, she can go back home. There is no reason to give her citizenship because she got beat on by the trash she chose to mess around with. Send her home, she will be safer there. If not, then she should apply for asylum.

Dixie

Remember the '13 year old' boy (who was reported to be a gang member and a father) and the teacher from Nebraska who went to Mexico together?

He and his entire family were to get U-cards after his testimony against the teacher.

Just another way to undermine the rule of law! If you're illegal you go home, no exceptions!

Originally Posted by MyAmerica

Remember the '13 year old' boy (who was reported to be a gang member and a father) and the teacher from Nebraska who went to Mexico together?

He and his entire family were to get U-cards after his testimony against the teacher.

I remember hearing about this. I hope to god this didn't happen. I'm sure this illegal invader family will sue the school district and make millions as well. Looks like they hit the jackpot!