Hello everybody. In this video, we're going to talk about an exciting update
when it comes to the U visa specifically for victims of certain crimes. Up until now,
U visa applicants were not eligible for work authorization, or deferred action status. So all
this is going to change from this week. So I'll give you all the details about the U visa changes,
the work authorization, and deferred action status for certain victims of crime. So
what are you waiting for? I'll see you on the other side.
Hello, everybody, and welcome back to our immigration channel. This is a place where you get
the most up-to-date immigration news, immigration updates, and everything else you need to make your
immigration journey less stressful. My name is Jacob Sapochnik. And I'm an immigration attorney
located in San Diego, California. And we help clients in all 50 states and all over the world.
And in this video, we'll talk about a very, very special topic, which is the U visa. We're going to
cover what the U visa is, but most importantly, a very big change that is happening this week,
allowing U visa, victims of crime to apply for work authorization and give them deferred action
status. This is huge, will talk about what that means when it's going to be implemented. So,
make sure you watch this video all the way until the end. What are these changes? And when are they
happening? So, up until now, U visas have been pending for over five years. And the reason is
because of the backlog. There's a limited number of visas that can be processed every year.
But many many people are applying for a U visa. As of this week, the USCIS is updating its policy
manual, and they're going to come up with a new determination for the U visa applicants
also known as bona fide determination. It’s going to be a temporary document. It will be issued
to all the new U visa applicants. And with this determination, they're going to be eligible
for work authorization, and also for deferred action status, which means that they're going
to be protected from deportation and removal, and also be eligible to work in the United
States. The Secretary of Homeland Security and Alejandro Mayorkas said the following about this
announcement, these are individuals who have come forward to help law enforcement keep us all safe,
but who are in need of a measure of protection for themselves as well. So, as you can see,
right now, a lot of people that are applying for a U visa or pending U visa are essentially a limbo.
They don't have a right to work. They don't know what to do. And it's really
really frustrating to wait for benefits for over five years. Let's talk about what the U visa is,
and who qualifies for the U visa. And then what I'm going to do, I'm going to go through the
process, the new process of USCIS determining what is a bonafide case and who will quantify it under
the new regulation. So, let's go for a few minutes and explain what the U visa is all about. So,
the U visa was created by Congress in 2000. And the purpose of the U visa was to help
victims of certain crimes that were committed inside the United States. In order to qualify,
you need to meet the following criteria. You must be a victim of the following crimes, not
every crime will qualify but the following will, sexual assault, sexual exploitation, stalking,
extortion, domestic violence, blackmail, rape, perjury, murder, crimes of trafficking,
and finally, false imprisonment. These are just an example of the most common crimes that people
apply for a visa, you can find a link to the full description of more crimes that qualify for the
visa in the description of this video. So, to qualify, you have to be a victim of physical
or mental abuse as a result of these crimes. And number two, most importantly, you have information
about this criminal activity. You were, or more likely to be helpful to law enforcement
in the investigation of the crime. It's important to get the support of law enforcement
when pursuing U visa applications and to be able to sign certain documents to make sure that your
case can be filed successfully. So, who's going to qualify for the bona fide determination under
the new USCIS policy procedure? First, you have to properly file Form I-918, the U visa application.
You make sure you meet all the qualifications. As I mentioned earlier in this video. Number two,
the principal applicant filed properly a personal statement detailing the details of the crime
and the incidents that qualify for the U visa. You also have to include form I-918b,
non-immigrant status certification executed properly as well. And finally, the results
of the applicant's biometrics must have already been received before the bona fide determination
can be issued. And you'll be eligible for the work permit and the deferred action status,
which means that if you commit any crimes or anything that will disqualify you,
you're not going to be able to receive it until they have the results of the biometrics. The good
news is that this policy is effective immediately. And it's going to apply to petitions that are
currently pending and waiting these years, but also for cases that are filed on or after June 14,
2021. So, if you are a U visa applicant, and you're currently pending and you don't
have a work permit, make sure you contact your attorney if you don't have an attorney, find a
qualified attorney that can help you file for your new bonafide determination application. So
these are amazing news is going to help a lot of you visa applicants that are currently
pending. We are super excited to help our clients and anybody else that needs help
to get their status in order and also to be able to work. So, if you found this video beneficial,
make sure you share it with somebody who needs this information and cares. Also any questions,
please drop them in the comments, and I'll be happy to answer them. Once again. If you're
here for the first time, please don't forget to subscribe to our channel. Click the notification
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this video to more people just like you. Thanks for watching, and I'll see you in the next video.