Special petitions


Special petitions



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U.S. immigration laws allow for relief from removal and/or status to obtain work authorization, as well as other programs that could eventually lead to becoming a lawful permanent resident. One such program is the Deferred Action for Childhood Arrivals (DACA).
Individuals who meet the following criteria can apply for Deferred Action for Childhood Arrivals:

  • Are under 31 years of age as of June 15, 2012;
  • Came to the U.S. while under the age of 16;
  • Have continuously resided in the U.S. from June 15, 2007 to the present.
  • Entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;
  • Were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
  • Are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
  • Have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind; and
  • Do not pose a threat to national security or public safety.

Applicants will have to provide substantial documentary evidence of the above criteria. In addition, every applicant must complete and pass a biographic and biometric background check.
DHS will deem as “significant” any misdemeanor involving any of the following, regardless of the sentence imposed:
  • burglary;
  • domestic violence;
  • sexual abuse or exploitation;
  • unlawful possession of firearms;
  • driving under the influence; or
  • drug distribution or trafficking.

In addition, any other misdemeanor for which an applicant was sentenced to more than 90 days in jail, not including suspended sentences and time held pursuant to an immigration detainer, will be deemed a significant misdemeanor.
Generally, in order to apply for DACA, an applicant must be at least 15 years of age at the time they apply. The exception to this rule is if the applicant is in removal proceedings, has a final order of removal or has an order of voluntary departure. If so, they can seek DACA even if they are below the age of 15.
If the applicant was 31 years of age or older as of June 15, 2012 they are not eligible for DACA.
If an applicant is not currently in school, but would like to re-enroll in high school, they could still qualify for DACA.
To be considered “currently in school” USCIS will look to whether the applicant is enrolled at the time they submit the application. Many kinds of educational institutions or programs may be sufficient to meet the “school” requirement. The following information is pasted directly from the USCIS website:
To be considered “currently in school” under the guidelines, you must be enrolled in:
  • a public or private elementary school, junior high or middle school, high school, or secondary school;
  • an education, literacy, or career training program (including vocational training) that is designed to lead to placement in postsecondary education, job training, or employment and where you are working toward such placement;
  • or an education program assisting students either in obtaining a regular high school diploma or its recognized equivalent under state law (including a certificate of completion, certificate of attendance, or alternate award), or in passing a General Educational Development (GED) exam or other equivalent state-authorized exam.

A brief interruption in the he requirement to be in the U.S. continuously from June 15, 2007 to July 15, 2012 will not affect an applicant’s eligibility for deferred action if the absences from the U.S. are brief, casual, and innocent. Absences will be considered to be brief, casual and innocent if:
  • it was before August 15, 2012;
  • it was short and reasonably calculated to accomplish the purpose of the absence;
  • it was not because of an order of exclusion, deportation or removal;
  • it was not because of an order of voluntary departure, or an administrative grant of voluntary departure before an applicant was placed in removal expulsion, deportation or removal proceedings;
  • the purpose of the absence, or an applicant’s actions while outside of the U.S., were not contrary to law.
CURRENTLY: Due to ongoing litigation, USCIS is NOT accepting initial DACA requests. At this time, USCIS is only approving DACA renewals.

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To qualify for a U visa, a victim must submit a signed certification from a law enforcement official. This certification (known as USCIS Form 1-918, Supplement B, U Nonimmigrant Status Certification) is evidence in support of the petition to USCIS for U nonimmigrant status. Victims may ask you to complete this certification. The certification gives USCIS basic information about the criminal activity perpetrated against the victim and the victim's willingness to assist in the detection, investigation, prosecution, conviction, or sentencing.
U.S. Citizenship and Immigration Services (USCIS), within the Department of Homeland Security (DHS), decides if a person is eligible for a U visa. Law enforcement does not determine who is eligible for a U visa; however, law enforcement provides information so that USCIS can determine if the person:

  • is a victim of a qualifying crime or criminal activity;
  • has information about the crime or criminal activity; and
  • is, was, or is likely to be helpful in the detection or investigation of the qualifying crime or criminal activity, or the prosecution, conviction, or sentencing of the perpetrator of the qualifying crime or criminal activity.


What is a Qualifying Crime?

The following table lists the criminal activities that are considered "qualifying criminal activities" for purposes of U visa eligibility. These are general categories of crimes and it is important to note that any similar criminal activities that violate Federal, state, or local laws may also be considered "qualifying criminal activities" for purposes of U visa eligibility:
  • Abduction
  • Abusive sexual contact
  • Domestic violence
  • Extortion
  • False imprisonment
  • Female genital mutilation
  • Hostage
  • Involuntary servitude
  • Kidnapping
  • Manslaughter
  • Murder
  • Peonage
  • Perjury
  • Prostitution
  • Rape
  • Sexual assault
  • Sexual exploitation
  • Slave trade
  • Stalking
  • Torture
  • Unlawful criminal restraints
  • Other related crimes
If approved, the U visa provides victims with several benefits including:
  • Temporary immigration status for qualifying family members
  • Temporary immigration status with work authorization
  • Possibility of lawful permanent residence status

The U visa is also a pathway to citizenship. Once your U visa application is accepted, then you are given lawful immigration status in the United States. Your temporary permanent residence allows 4 years of validity. After your third year as a U visa holder, you may be eligible to continue with filing for your lawful permanent resident status.

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Established by the U.S. Congress in 1990, temporary protected status (TPS) is a program that allows migrants whose home countries are considered unsafe for various reasons, the right to live and work in the United States for a temporary, but extendable, period of time. Though they are not considered lawful permanent residents or U.S. citizens, many have lived in the United States for decades. TPS is a Department of Homeland Security (DHS) program that allows migrants from certain designated countries to reside legally in the United States for a period of up to eighteen months, which the U.S. government can renew indefinitely. During that period, TPS holders are eligible for employment and travel authorization and are protected from removal/deportation. The program does not include a path to permanent residency or U.S. citizenship, but TPS recipients can apply, if eligible, on another basis. Congress established TPS as part of the Immigration Act of 1990 to provide humanitarian relief to citizens whose countries were suffering from natural disasters, protracted unrest, or conflict.

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DHS has announced processes through which nationals of Cuba, Haiti, Nicaragua, and Venezuela, and their immediate family members, may request to come to the United States in a safe and orderly way. Qualified beneficiaries who are outside the United States and lack U.S. entry documents may be considered, on a case-by-case basis, for advanced authorization to travel and a temporary period of parole for up to two years for urgent humanitarian reasons or significant public benefit. To participate, eligible beneficiaries must:

  • Have a supporter in the United States;
  • Undergo and clear robust security vetting;
  • Meet other eligibility criteria; and
  • Warrant a favorable exercise of discretion.

Individuals participating in these processes must have a supporter in the United States who agrees to provide them with financial support for the duration of their parole in the United States. The first step in the process is for the U.S.-based supporter to file a Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, with USCIS for each beneficiary they seek to support, including minor children. The U.S. government will then review the supporter information provided in the Form I-134A to ensure that they are able to financially support the beneficiaries they are agreeing to support.
Supporter – An individual who holds lawful status in the United States or is a parolee or beneficiary of deferred action or Deferred Enforced Departure (DED) who has passed security and background vetting and demonstrated sufficient financial resources to receive, maintain, and support the individual(s) whom they commit to supporting for the duration of their stay in the United States.
Examples of individuals who meet the supporter requirement include:
  • U.S. citizens and nationals;
  • Lawful permanent residents, lawful temporary residents, and conditional permanent residents;
  • Nonimmigrants in lawful status (who maintain their nonimmigrant status and have not violated any of the terms or conditions of their nonimmigrant status);
  • Asylees, refugees, and parolees;
  • Individuals granted Temporary Protected Status (TPS); and Beneficiaries of deferred action (including deferred action for childhood arrivals) or DED.

Beneficiary – A national of Cuba, Haiti, Nicaragua, or Venezuela (or their immediate family member of any nationality) who is outside the United States and who may be considered for parole under these processes.
Immediate family members of any nationality in these processes include:
  • A spouse or common-law partner; and
  • Unmarried child(ren) under the age of 21. NOTE: If a child is under 18, they must be traveling with a parent or legal guardian in order to use this process.