Subject to INA § 214(k) an alien may be admitted as an S nonimmigrant: (1) if the Secretary of Homeland Security determines: (a) the alien is in possession of critical reliable information concerning a criminal organization or enterprise; (b) the alien is willing to supply or has supplied such information to federal or state law enforcement authorities or a federal or state court; and/or (c) the alien’s presence in the United States is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise; (2) if the Secretary of State and the Secretary of Homeland Security jointly determine that the alien: (a) is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation; (b) is willing to supply or has supplied such information to federal law enforcement authorities or a federal court; (c) will be or has been placed in danger as a result of providing such information; and (d) is eligible to receive a reward under § 36(a) of the State Department Basic Authorities Act of 1956. If the Secretary of Homeland Security (or with respect to clause (2), the Secretary of State and the Secretary of Homeland Security jointly) considers it to be appropriate, the spouse, married and unmarried sons and daughters, and parents of an alien described in clause (1) or (2) if accompanying or following to join, the alien may receive S classification as well. The number of aliens who may be provided a visa as nonimmigrants under clause (1) above in any fiscal year may not exceed 200. The number of aliens who may be provided a visa as nonimmigrants under clause (2) above in any fiscal year may not exceed 50. The visa classifications for such nonimmigrants are S-5 (certain aliens supplying critical information relating to a criminal organization or enterprise) and S-6 (certain aliens supplying critical information relating to terrorism).[FN6] State Department regulations provide that an alien is classifiable under the provisions of INA § 101(a)(15)(S) if: (1) the consular officer is satisfied that the alien qualifies under the provisions of that section, and (2) the consular officer has received verification from the State Department’s Visa Office that: (a) in the case of INA § 101(a)(15)(S)(i), the U.S. Citizenship and Immigration Services (USCIS) has certified on behalf of the Secretary of Homeland Security that the alien is accorded such classification, or (b) in the case of INA § 101(a)(15)(S)(ii), the Assistant Secretary of State for Consular Affairs on behalf of the Secretary of State, and the USCIS on behalf of the Secretary of Homeland Security, have certified that the alien is accorded such classification, and (3) the alien is granted a waiver under INA § 212(d)(1) [8 USCA § 1182(d)(1)] of any ground of ineligibility under INA § 212(a) that is known at the time of verification. The certification of status under INA § 101(a)(15)(S)(i) by the Secretary of Homeland Security, or of status under INA § 101(a)(15)(S)(ii) by the Secretary of State and the Secretary of Homeland Security acting jointly, does not establish that the alien is eligible to receive a nonimmigrant visa.[FN8] The period of validity of an S-5 or S-6 visa cannot exceed the period indicated in the certification of status and cannot in any case exceed the period of three years.[
Attorney General John Ashcroft announced that the Department of Justice will issue T visas, created by the Trafficking Victims Protection Act of 2000 (TVPA) to protect women, children and men who are the victims of human trafficking. The T visa will allow victims of severe forms of trafficking in persons to remain in the United States and assist federal authorities in the investigation and prosecution of human trafficking cases. According to U.S. government estimates, 45,000 to 50,000 women and children are trafficked into the United States annually, and are trapped in modern-day slavery-like situations such as forced prostitution.
"One of our greatest challenges is identifying those responsible for these unspeakable crimes," said Attorney General John Ashcroft. "Today’s announcement gives victims of human trafficking refuge from the deplorable treatment they endure and sends a clear warning to traffickers that this barbaric action is a fundamental violation of human decency that will not be tolerated."
In March, Attorney General Ashcroft announced that combating human trafficking would be a priority of the Department of Justice. The Department of Justice issued guidance to federal prosecutors describing the new crimes under the TVPA, and the Attorney General urged coordination among the F.B.I., I.N.S., U.S. Attorneys Offices and the Civil Rights and Criminal Divisions of the Department of Justice.
The T visa is specifically designed for certain human trafficking victims who cooperate with law enforcement against those responsible for their enslavement. The statute allows victims to remain in the United States if it is determined that such victims could suffer, "extreme hardship involving unusual and severe harm" if returned to their home countries. After three years in T status, victims of human trafficking may apply for permanent residency. In addition, subject to some limitations, the regulation allows victims to apply for non-immigrant status for their spouses and children. Victims under the age of 21 may apply for non-immigrant status for their parents as well.
"The T visa is a powerful new tool to protect the most vulnerable victims and prevent future trafficking," said Bureau of Citizenship and Immigration Services Commissioner James Ziglar. "It will help BCIS put the criminals responsible for these horrific acts out of business and behind bars."
Since the passage of the TVPA, the Department of Justice has encountered many individuals who needed protection from retaliation and continued victimization by people who trafficked them into the United States.
Under the statutes of the TVPA, those convicted of trafficking offenses may receive up to 20 years in prison and, in some instances life sentences. Preexisting servitude statutes carried a maximum sentence of 10 years’ imprisonment. The new statutes created by the TVPA are designed to reach the subtle means of coercion that traffickers often use to bind their victims in service. Such means include the seizure of immigration documents, psychological coercion, and trickery.
Trafficking in persons includes the recruitment or transportation of persons through force, fraud or coercion for the purposes of modern-day slavery or involuntary servitude. Victims of this growing transnational crime problem – predominantly women and children – are trafficked into a wide variety of exploitative settings, ranging from the sex industry to domestic servitude to forced labor on farms and in factories.
There are numerous immigration laws that could result in the denial of this visa if not properly prepared. If the petition is put together correctly and professionally by a qualified immigration law firm, the chance of approval is greatly increased.
Congress has now created a new nonimmigrant category. It is known as the ‘V’ nonimmigrant category.
Many petitions take many years for a visa number to become current. Thus, in normal situations, family members might not be able to see each other for many years prior to being able to all have Lawful Permanent Resident Status in the United States. This new ‘V’ Visa now gives certain nonimmigrant status for spouses and children of permanent residents awaiting the availability of an immigrant visa.
First, this new ‘V’ category applies only to spouses and children of Lawful Permanent Residents. Children are defined as persons who are unmarried and less than 21 years old. Second, it applies only if the Family Petition was filed prior to December 21, 2000. Third, the petition must have been pending for at least three years.
Assuming it has been at least three years, the ‘V’ Visa applies also if the visa number is currently available, but the application for the immigrant visa or the adjustment of status application is still pending.
Your relative can enter the U.S. on this ‘V’ Visa, and they can get employment authorization. When applying for the visa, the 3/10 year bar DOES NOT APPLY TO THEM.
If you have relatives who fall under this section who are inside the United States, they can apply to have their status adjusted to that of a V Nonimmigrant. Unlike most other adjustment applications, the 3/10 year bar, illegal entrants and immigration violators, people without legal immigration papers and numerous criminal convictions DO NOT MAKE THESE PEOPLE INELIGIBLE TO APPLY FOR ADJUSTMENT OF STATUS to obtain ‘V’ status.
If the person was actually in the United States at any time between July 1, 2000 and October 1, 2000, and have been given ‘V’ status as described above, they can have their status adjusted to that of a Lawful Permanent Resident if an immigrant visa is immediately available. Additionally, all of the normal grounds which would make them inadmissible to the U.S. (see same grounds as above) do not bar the person from successfully adjusting their status. The person must pay $1,000.00 fee in addition to the normal fee requirements.
If you are in the U.S., you cannot yet apply for the V Visa because the regulations are not yet out. However, the Department of State has issued its regulations and forms to process the V Visa. Therefore, since the 3/10 year bars do not apply to your son, he can leave the country to get the Visa and then come back as a legal nonimmigrant. Additionally, it may be possible for a Consulate in Mexico or Canada to accept the interview for your son, so he does not have to go back to his home country.
There are numerous immigration laws that could result in the denial of this visa if not properly prepared. If the petition is put together correctly and professionally by a qualified immigration law firm, the chance of approval is greatly increased.
If you are a national of either Canada or Mexico, this visa is available to you. It is a temporary work visa for people who have a Bachelors Degree or the equivalent in work experience. There are numerous types of fields that are eligible for this type of visa. Some examples range from graphic artists, business, medical, teaching and computer fields.
While this visa is valid for only one year, it can easily be renewed. In Canada, this visa does not need prior Immigration and Naturalization approval, and therefore, is quick to obtain.
There are numerous immigration laws that could result in the denial of this visa if not properly prepared. If the petition is put together correctly and professionally by a qualified immigration law firm, the chance of approval is greatly increased.
The U visa category was created by provisions in the Victims of Trafficking and Violence Protection Act of 2000 for victims of certain enumerated crimes which occur in the United States. The Act provides for up to 10,000 visas yearly for such victims. U nonimmigrants may be eligible for adjustment of status after three years of continuous presence where reasons of humanitarian grounds, family unity or public interest justify such a grant. An alien may be classified as a U nonimmigrant if the Secretary of Homeland Security determines that: (1) the alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity involving one or more of the following or any similar activity in violation of federal, state, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes; (2) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) possesses information concerning such criminal activity; (3) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next friend of the alien) has been helpful, is being helpful, or is likely to be helpful to a federal, state, or local law enforcement official, to a federal, state, or local prosecutor, to a federal or state judge, to the Bureau of Immigration and Customs Enforcement (BICE), or to other federal, state, or local authorities investigating or prosecuting such criminal activity; and/or (4) the criminal activity violated the laws of the United States or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States. If the Secretary of Homeland Security considers it necessary to avoid extreme hardship to the spouse, the child, or, in the case of an alien child, the parent of the alien described above, the Secretary of Homeland Security may also grant U nonimmigrant status based upon certification of a listed government official that an investigation or prosecution would be harmed without the assistance of the spouse, the child, or, in the case of an alien child, the parent of the alien. The number of principal aliens who may be issued visas or otherwise provided status as U nonimmigrants in any fiscal year will not exceed 10,000.
There are numerous immigration laws that could result in the denial of this visa if not properly prepared. If the petition is put together correctly and professionally by a qualified immigration law firm, the chance of approval is greatly increased.
