USCIS Approval of U Nonimmigrant Visa for Client Who Was A Victim of Criminal Activity

Getson & Schatz, P.C. provided immigration representation to a client who was smuggled into the United States in a cargo container on a boat. He was paroled into the United States after arriving at a U.S. Port of Entry. The Immigration Service denied his application for asylum, and our client was then put into removal proceedings and ordered removed. Our client never left the US and came to us to determine whether there was anything that could be done to help with his situation. After speaking with him we determined that he may qualify for a U visa. We filed Form I-192 Application for Advance Permission to Enter as a Nonimmigrant. This form was required because our client was considered inadmissible since he came into the United States as a stowaway. Additionally, our firm submitted Form I-918 Petition for U Nonimmigrant Status. The U Nonimmigrant status is given to victims of qualifying criminal activities. The applicant must have suffered mental or physical abuse from being a victim of criminal activity. Only victims of certain crimes are eligible. Our client was approved for a U Nonimmigrant visa because he was a victim to a qualifying crime, he suffered mental and physical abuse because he was a victim of this crime, and he helped federal authorities with their case against the perpetrators of the criminal activity. We also filed Form I-918 Supplement B, demonstrating our client’s help with the federal authorities. Our firm then motioned to reopen and terminate the removal proceedings because United States Citizenship and Immigration Services (USCIS) had approved our client’s Form I-918 Petition for U Nonimmigrant Status. The removal proceedings were reopened and terminated. Our client now has a U nonimmigrant visa and will be able to apply for his green card in 3 years.

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