T, U and S VISAS Sonali Patnaik Patnaik Law Office, PLLC

S Visa Certification Witnesses and Informants Form I-854 filed directly with DOJ by Law Enforcement Official – U.S. Department of Justice Criminal Division Office of Enforcement Operations Policy and Statutory Enforcement Unit John C. Keeney Bldg., 10th Floor 10th and Constitution Ave., NW Washington, DC

S Visa Certification S-5: Eligible under INA 101(a)(15)(S): Reliable Information on criminal organization or other qualifying criminal enterprise/event S-6: Reliable Information on Terrorist Organization

U Visa Certification Victims of Certain Crimes Eligibility Criteria: 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’).glossary 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. Form I-192, Application for Advance Permission to Enter as a Nonimmigrant

Qualifying Crimes 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.

T Visas Victims of Human Trafficking Eligibility Criteria: Are or were a victim of trafficking, defined in 22 USC § 7102(8) as: Sex trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age. Labor trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.

Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking· Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or you are under the age of 18, or you are unable to cooperate due to physical or psychological trauma) Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States Are admissible to the United States. If not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-ImmigrantForm I-192, Application for Advance Permission to Enter as a Non-Immigrant

T VISA Victims of Trafficking To apply for a T visa, submit: Form I-914, Application for T Nonimmigrant Status Three passport size photographs A personal statement explaining how you were a victim of trafficking (on the Form I-914) Evidence to show you the meet eligibility requirements Note: You are strongly encouraged to submit Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, to show law enforcement agency support. Form I-914, Supplement B serves as primary evidence that you are a victim of trafficking and that you have complied with reasonable requests from law enforcement.Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons

I-192 Waiver $585 Filing Fee Waives all grounds of inadmissibility under INA 212(a)), including unlawful entry/presence, unauthorized employment, and CIMT Filed concurrently with T or U application form Submit evidence to counteract inadmissibility ground (rehabilitation, family ties, etc.) and of aid to law enforcement

Common Issues Officer refuses to certify Sealed records Applicant not helpful to law enforcement because they did not witness the crime

Annual Visa Caps U Visa: 10,000 Per Year for Principal Applicants T Visa: 5000 Per Year for Principal Applicants S Visa: 200 Per Year for Principal Applicants No cap for derivatives If the cap is reached, USCIS will create a waiting list for any eligible principal or derivative petitioners that are awaiting a final decision and a visa. Placement on the waiting list results in Deferred Action status and EAD eligibility

U Visa Adjustment of Status To apply for a green card as a U nonimmigrant, you must meet the following conditions: You have been physically present in the United States for a continuous period of at least 3 years since the first date of admission as a U nonimmigrant and continue to hold that status at the time of application for adjustment of status. You have not unreasonably refused to provide assistance in the criminal investigation or prosecution You are not inadmissible under section 212(a)(3)(E) of the Immigration Nationality Act (Nazi party and genocide)Immigration Nationality Act You establish your presence in the United States is justified on humanitarian grounds, to ensure family unity or is in the public interest

T-1 Adjustment of Status To apply for a green card as a T-1 nonimmigrant (principal), you must meet the following conditions: You have been physically present in the United States for: – A continuous period of at least 3 years since the first date of admission as a T- 1 nonimmigrant – A continuous period during the investigation or prosecution of acts of trafficking, and the Attorney General has determined the investigation or prosecution is complete, whichever period of time is less You have been a person of good moral character since first being admitted as a T-1 nonimmigrant and until the decision on your Form I-485 You have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking since first being admitted as a T-1 nonimmigrant and until a decision on your Form I-485 You would suffer extreme hardship involving unusual and severe harm upon removal from the United States You are admissible to the United States as a permanent resident.

S-5 Adjustment of Status An alien who entered the United States as an S-5 under INA 101(a)(15)(S)(i) may apply for adjustment to permanent resident if it is the AG’s opinion that: (1) The S-5 nonimmigrant has supplied critical, reliable information concerning a criminal organization or enterprise; (2) Such information has substantially contributed to the success of an authorized criminal investigation or the prosecution of an individual involved in a criminal organization or enterprise; and (3) The alien is not ineligible under INA 212(a)(3)(E).

S-6 Adjustment of Status An alien who entered the United States as an S-6 under INA 101(a)(15)(S)(ii) may apply for adjustment to permanent resident if in the sole discretion of the Attorney General: (1)The S-6 nonimmigrant has supplied critical, reliable information concerning a terrorist organization, enterprise or organization; (2)Such information has substantially contributed to: (a) The prevention or frustration of an act of terrorism against a U.S. person or U.S. property; or (b) The success of an authorized criminal investigation of, or prosecution, of an individual involved in such an act of terrorism; and (3) The nonimmigrant has received a reward under 22 U.S.C