How Much Does the U Visa Program Actually Help Enforce Our Laws?

How Much Does the U Visa Program Actually Help Enforce Our Laws?

By David North on August 1, 2018


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The U visa program has, as of January 1, 2018, provided more than 350,000 aliens (most of whom were previously in illegal status) with substantial immigration benefits on the grounds that they were crime victims helping law enforcement agencies, are expected to do so in the future, or are related to a victim in one of those two categories.



The number includes aliens in various stages of the U visa program and comes from various USCIS data sets.


There has been virtually nothing written about this amnesty-by-accident program, as we described it in a recent posting, compared to the widely discussed Deferred Action for Childhood Arrivals (DACA) program, which has a little over twice as many beneficiaries (approaching 800,000).


The disparate levels of attention are even more striking when one realizes that the U program is much more generous than DACA, with about 17,000 of the U visa holders graduating into green card status each year. Typically, an applicant for the U visa gets a four-year work permit and then progresses into green card status, which is limited to 10,000 a year for the victims and 7,000 a year for the victims' family members. (The 10,000 ceiling does not apply to family members.) There is no progression to green card status in DACA, as it is now constituted.


According to USCIS, the U visa legislation "[W]as intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes."


So we have handsomely rewarded 350,000 aliens for enlisting, if you will, in the war on crime. This is a group that is larger by 90,000 than the entire army of France. But what has the U-Visa army done for law enforcement?


My strong suspicions are: 1) no one knows; and 2) the Trump administration is in a perfect position to find out.


My worry — and maybe I am dead wrong — is that many of the 350,000 grants have done little when it comes to convictions, jail terms, and (since a lot of it involves other illegal aliens) deportations.


The Proposed Research. In order to get a measure of the utility of the U visas, I suggest a detailed study of a sample of 500 or 1,000 of the cases generated in the year 2015. The timing is such that it gives the criminal justice more than two full years to work through its processes while not being so far in the past as to test memories. Maybe the right year would be 2014 — the program has been in use since 2008.


USCIS would run a random selection of the cases approved in the year in question. Then it would seek, from cooperating entities, these kinds of information:

• From DHS: filings for work permits, fee waivers, and the (probably unusual) deportations;
• From the law enforcement agencies that endorsed the U petitions: arrest, indictment, and sentencing data on the alleged criminals, if any; subsequent arrest data on the U visa holders, if any; and data on not only the level of cooperation of the victims with the system, but also information on the utility of that cooperation; (some victims might be very helpful while adding nothing useful to the process);
• From the visa-holding families, probably from field interviews, their view of the criminal justice process in their cases, their earned incomes, their use of welfare programs, their education and work histories, and their income tax filings; and
• To test these answers from the families, checks with FBI and PACER data sets, along with those of IRS and the SNAP (i.e., food stamp) program.

How many jail sentences are we getting in exchange for the expenditure of 350,000 visas? It might be well under 50,000.


The study would add a badly needed factor in the conversation about these visas. To what extent does this partial (and accidental) amnesty actually help law enforcement?


The collected data would give DHS and Congress the kind of full picture that is needed as changes are weighed in the U visa program.



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Quote:

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Originally Posted by GeorgiaPeach

According to USCIS, the U visa legislation "[W]as intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens and other crimes."

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So if 59 illegals willingly get in the back of a semi to be smuggled into the US and they are later found almost dead (costing taxpayer $ in medical), they get a U Visa to stay and testify against the driver? Is that the way this works?

Quote:

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Originally Posted by stoptheinvaders

So if 59 illegals willingly get in the back of a semi to be smuggled into the US and they are later found almost dead (costing taxpayer $ in medical), they get a U Visa to stay and testify against the driver? Is that the way this works?

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That's the way I understand it. Doesn't sound like much of a trade-off, does it?

Quote:

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Originally Posted by MW

That's the way I understand it. Doesn't sound like much of a trade-off, does it?

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I remember reading about one such incidence about a year ago.

The "victims" were in very bad conditions, many in ICU, some would have permanent brain damage (all at tax payer expense) and the article mentioned something about permanent residence for some, because they were needed to testify.

We need a total and complete overhaul of the laws dealing with this invasion.

Victims of Criminal Activity: U Nonimmigrant Status

Versión en español

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The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended 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 also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.
To learn about updates to the program, visit our U Nonimmigrant Status Program Updates page.

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U Nonimmigrant Eligibility

You may be eligible for a U nonimmigrant visa if:

• You are the victim of qualifying criminal activity.
• You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
• You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf (see glossary for definition of ‘next friend’).
• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
• The crime occurred in the United States or violated U.S. laws.
• You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

Qualifying Criminal Activities

Abduction Abusive Sexual Contact Blackmail Domestic Violence Extortion False Imprisonment Female Genital Mutilation Felonious Assault Fraud in Foreign Labor Contracting

Hostage Incest Involuntary Servitude Kidnapping Manslaughter Murder Obstruction of Justice Peonage Perjury Prostitution Rape

Sexual Assault Sexual Exploitation Slave Trade Stalking Torture Trafficking Witness Tampering Unlawful Criminal Restraint Other Related Crimes*† *Includes any similar activity where the elements of the crime are substantially similar. †Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

Applying for U Nonimmigrant Status (U Visa)

To apply (petition) for a U nonimmigrant status, submit:

• Form I-918, Petition for U Nonimmigrant Status
• Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by and authorized official of the certifying law enforcement agency (PDF)and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case.
• If any inadmissibility issues are present, you must file a Form I-192, Application for Advance Permission to Enter as Nonimmigrant, to request a waiver of the inadmissibility;
• A personal statement describing the criminal activity of which you were a victim; and
• Evidence to establish each eligibility requirement - visit our Forms section, specifically the Humanitarian Benefits Based Forms.

You may also apply (petition) for U nonimmigrant status if you are outside the United States. To do this, you must:

• File all the necessary forms for U nonimmigrant status with the Vermont Service Center.
• Follow all instructions that are sent from the Vermont Service Center, which will include having your fingerprints taken at the nearest U.S. Embassy or Consulate.
• If your petition is approved, you must consular process to enter the United States, which will include an interview with a consular officer at the nearest U.S. Embassy or Consulate.
• Information about your nearest United States Embassy or Consulate can be found at www.usembassy.gov.

Filing for Qualifying Family Members

Fees to File U Nonimmigrant Status Applications U Visa Extensions

U Visa Extensions

U Visa Cap

• The limit on the number of U visas that may be granted to principal petitioners each year is 10,000. However, there is no cap for family members deriving status from the principal applicant, such as spouses, children, or other eligible family members.
• If the cap is reached before all U nonimmigrant petitions have been adjudicated, USCIS will create a waiting list for any eligible principal or derivative petitioners that are awaiting a final decision and a U visa. Petitioners placed on the waiting list will be granted deferred action or parole and are eligible to apply for work authorization while waiting for additional U visas to become available.
• Once additional visas become available, those petitioners on the waiting list will receive their visa in the order in which their petition was received. Petitioners on the waiting list do not have to take any additional steps to request the U visa. USCIS will notify the petitioner of the approval and the accompanying U visa.

Note to Petitioners: Principal U nonimmigrant petitioners are employment authorized incident to status, after the underlying petition for U nonimmigrant status is approved and an employment authorization document is automatically issued without filing Form I-765, Application for Employment Authorization.
Derivative family members residing inside the United States are also employment authorized incident to status, however an employment authorization document is not automatically issued. Form I-765, Application for Employment Authorization, may be filed for a derivative to obtain an employment authorization document.
Employment authorization for principals and derivatives can only be issued after the underlying U nonimmigrant status petition is approved, regardless of when the Form I-765, Application for Employment Authorization, is filed.
If the statutory cap is reached in a fiscal year and USCIS uses the waiting list process described at 8 CFR 214.14(d)(2), petitioners for U nonimmigrant status and derivatives in the United States can apply for employment authorization using Form I-765, Application for Employment Authorization, based on deferred action. An application for employment authorization based on deferred action can only be approved after DHS has deferred action in your case, regardless of when the Form I-765 is filed

Applying for a Green Card

Resources for Victims of Human Trafficking & Other Crimes




https://www.uscis.gov/humanitarian/v...migrant-status

Is it considered human trafficking when a person willingly steps inside a semi or trunk of car to be smuggled into this country illegally?

Is it considered human trafficking when a person pays $6000.00 for someone to smuggle them into this country illegally?

NO U-VISA...TERMINATE THIS FAILED PROGRAM!

COMMIT A CRIME "KNOWINLGY" COMING HERE AGAINST THE LAW...THEN REWARD THEM WITH A U-VISA BECAUSE THEY GOT CAUGHT AND TATTLE-TAILED...HELL NO!

FAST TRACK DEPORT THE WHOLE LOAD OF THEM OFF OUR SOIL!