The complications of having an illegal residency status in the U.S. these days is not just about working while in fear of an ICE raid at any given moment. It is also living in the fear of being stopped for a traffic violation or, even more devastating, becoming the victim of a criminal act.

Even if you are the victim of a crime, if you are here in the U.S. illegally, U.S. Immigration and Customs Enforcement (ICE) will be notified and you could be deported. This has lead many victims to remain silent about crimes that were committed or are even ongoing. However in 2007, the U visa was implemented in hopes of giving victims protection against deportation.

What is a U visa?
A lesser known visa, the U non-immigrant visa, was established for victims of crimes who have endured mental or physical abuse and are willing to help law enforcement and government officials investigate and prosecute the abuser. The U non-immigrant visa was established in 2000 but put on hold until 2007. Its purpose is to persuade illegal immigrants living in the U.S. to report violent crimes. Most criminal activity against illegal aliens in the U.S. goes unreported and undocumented due to the threat of deportation if the victim comes forward.

What are the eligibility requirements?

1. The victim/applicant must have endured physical or mental abuse from a qualifying criminal activity.
2. The victim/applicant is able to provide information regarding the particular criminal activity.
3. He/She must be helpful during the investigation or prosecution phase of the crime.
4. The crime must violate the laws of the United States.
5. The crime must have occurred in the U.S.

Examples of violations of U.S., state or local laws include but are not limited to: domestic violence, rape, sexual assault, sexual exploitation, prostitution, incest, torture, genital mutilation, abduction, kidnapping, involuntary servitude, blackmail, extortion, manslaughter and murder.

Can you work with a U visa?
Although the U visa is a non-immigrant status visa, the illegal immigrant applicant who has been awarded “deferred” status may apply for an Application for Employment Authorization. This authorization permit, if granted, will be reviewed on a yearly basis.

As with all applications submitted to the U.S. Citizenship and Immigration Services, documentation must accompany any forms filed for a U visa. Proof, such as a letter certified by local, state or federal law enforcement, must be submitted along with any photos, medical records, personal testimony or other related evidence.

The application process can be tedious followed by a lengthy waiting period of sometimes up to a year. An experienced immigration attorney can ensure proper filing of the application and speed up the process. Eliana Phelps is a California immigration attorney and a leading authority on the U visa process. For more information, please contact her at phelpsattorneys.com.

Spanish version

Even as a victim of a crime or traffic violation, an immigrant can be arrested, detained and possibly deported when law enforcement is involved.

The fastest way to inform the Immigration and Customs Enforcement Agency (ICE) of your illegal immigrant status or your past/present violation of the immigration laws is to interact with police, prosecutors or jail personnel without legal representation. 

A simple traffic violation will be the beginning of a hard and very stressful battle to remain in the U.S. when ICE is notified of the nationality of the violator. In a matter of minutes, the traffic violator is questioned, arrested and held in custody of the Immigration and Customs Enforcement Agency while awaiting the issuance, service and filing of a Notice to Appear, which initiates the person’s removal from the United States

Domestic violence incidents, DUI, traffic violations and minor violations of the criminal code are no longer resolved as easily as in the past. One step in the State or County jail and in a matter of hours you have a hold preventing your release after state criminal proceedings end, leaving families with no choice but to avoid any type of confrontation with the police even as a victim.

It is a reality. If you are illegal in this country and you are the victim or the perpetrator of the alleged illicit conduct you must be careful when facing state or local authorities. ICE is acting in connection with state and local officials to enforce the immigration laws and it is giving priority to cases that involve criminal behavior.

Impact on Reported Crime

Unfortunately, the fear the Latino population is experiencing will result in hundreds of unreported crimes sometimes involving heinous crimes such as domestic violence, child and sexual abuse. This is due to the fear of being arrested by the immigration authorities and deported with limited options to remain in the United States. Additionally, because of the increase in actions that lead to deportation proceedings of illegal or permanent resident aliens and the few remedies, waivers or defenses that can be raised to prevent his removal, some cases end in deportation with no opportunity to ever re-enter.

It is absolutely crucial to consult an immigration attorney before speaking to authorities as soon as representation is granted. An immigration attorney will be able to discuss your illegal status or legal status in violation of immigration laws and the chances you have to resolve your immigration situation. Speaking to authorities without any representation will further complicate and hinder any chances of a positive outcome.

Attorney Eliana Phelps is an experienced immigration attorney in California. Her law firm provides immigration services to national and international clients and has an outstanding success rate defending immigrant crime and deportation cases. See phelpsattorneys.com for more information.

Spanish version

The Obama Administration moves to include foreign abused women and children in asylum policy.

Foreign victims of beatings and sexual abuse could be eligible for asylum in the U.S. in certain cases. During the case of a woman from Mexico, who was requesting asylum due to the abuse of her common law husband, the government carved out a clear but slim path for abused women and children from foreign countries to possibly qualify for asylum here in the U.S.

The Impact of Asylum Changes
This decision is extremely important in the foreigners community, for as an immigration lawyer, I receive questions day and night regarding the possibility of asylum against violence perpetrated by spouses and other immediate relatives that some times amount to extreme cruelty with the total impunity of the foreign authorities. This may be due in part because violence against the women is culturally accepted in many countries where the male power is considered superior in all aspects over the limited rights of women.

Defining Immigration Law
As a lawyer and women’s rights advocate, I sincerely believe that physical and sexual abuse of fragile people, mostly women and children should be counted as one of the grounds protected by the American Asylum law, which holds that people seeking the status of refugee must demonstrate a fear of persecution due to race, religion, nationality, political opinion or “membership of a particular group”. Sexually and physically abused women and children are part of a social group and it is time for the Immigration Law to change its previous policy that “social group” is limited to the groups previously accepted by the Board of Immigration Appeals (BIA) previous decisions.

Since the passage of the Violence Against Women Act (VAWA) during the Bush Administration, the phenomenon of violence against women and children has received much more attention. Additionally, the level of protection given to victims of abuse is reflected in the thousands of prosecutions initiated against abusers and the total lack of mercy from the immigration authorities towards foreign aliens found guilty of a crime of domestic violence that, in my practice and experience, results in the loss of permanent residence for many legal resident aliens that have resided in this country for years, sometimes most of their lives.

Asylum’s Strict Guidelines
Battered women must be added as a social group entitled to the protection of the asylum laws. The government, both at the state and federal level, must continue enacting laws that serve as a deterrence to future acts of violence and must impose sanctions that will transmit the message that there is zero tolerance and no justification possible for a person who abuses his spouse and children in any way. Even if this particular group of women and children are allowed to apply for asylum, they will encounter the same harsh burden of proof with regards to evidence. The evidence must be relevant and credible to support a claim that violence against women is pervasive and that there is a societal perception that this is acceptable. Then, they must prove that the particular government in their home country is unable or unwilling to protect the victim. Finally, the victims must prove that there is nowhere in their native country where they can be safe from their abusers.

Women must understand clearly that asylum is a very difficult to obtain not only for them as a new group of victims entitled to receive consideration but for all those foreigners that attempt to obtain permanent residence and protection from removal based on race, religion, nationality, political opinion or “membership of a particular group”. We as immigration lawyers and advocates for immigration reform applaud the Obama Administration for taking additional measures to protect innocent victims of abuse. That has been a common problem that has resulted in thousands of deaths that could have prevented if the Government would have provided legal tools to fight the aggressor and to severely punish his horrendous actions.

Spanish version

Attorney Eliana Phelps is an experienced immigration attorney in California. Her law firm provides immigration services to national and international clients and has an outstanding success rate defending immigrant crime and deportation cases. See phelpsattorneys.com for more information.