T & U Visas

T & U Visas

An alien may be eligible for a T & U Visas when an alien has been a victim of a crime while in the United States or has been a victim of human trafficking into the United States. The alien must show that he or she is willing to cooperate, is currently cooperating, or has in the past cooperated with law enforcement to investigate and/or prosecute the person and/or organization(s) who have committed such crime(s).

A successful petition allows the alien to be eligible for permission to live and to work in the United States.

Nicaraguan and Central American Relief Act (“NACARA”) (Form I-881):

Apart from having never been convicted of an aggravated felony, to be eligible to apply for NACARA 203 relief, an alien must be one of the following:

  • A Guatemalan who first entered the United States on or before October 1, 1990 (ABC class member); registered for ABC benefits on or before December 31, 1991; applied for asylum on or before January 3, 1995; and was not apprehended at time of entry after December 19, 1990.
  • A Salvadoran who first entered the United States on or before September 19, 1990 (ABC class member); registered for ABC benefits on or before October 31, 1991 (either directly or by applying for Temporary Protected Status (TPS)); applied for asylum on or before February 16, 1996; and was not apprehended at time of entry after December 19, 1990.
  • A Guatemalan or Salvadoran who filed an application for asylum on or before April 1, 1990 and have not received a final decision on your asylum application.
  • An individual who entered the United States on or before December 31, 1990; applied for asylum on or before December 31, 1991; and at the time of filing the application was from one of the former Soviet bloc countries (Soviet Union, Russia, any republic of the former Soviet Union, Latvia, Lithuania, Estonia, Albania, Bulgaria, Czechoslovakia, East Germany, Hungary, Poland, Romania, Yugoslavia, or any state of the former Yugoslavia).
    Qualified family members of the applicant in one of the above categories and family members who have been battered, may be eligible to apply for NACARA 203 relief with an Immigration Judge (IJ).

Temporary Protected Status (“TPS”) (Form I-821):

Aliens from certain countries may be eligible to apply for temporary protective status on the basis of civil or natural disaster or catastrophe. Commission of certain crimes preclude individuals from qualifying for TPS. Presently, the temporary protected status countries include:

  • El Salvador
  • Haiti
  • Honduras
  • Nicaragua
  • Somalia
  • Sudan
  • South Sudan
  • Syria

If granted, removal/deportation proceedings will be closed and the alien will be permitted to live and work in the United States temporarily. Although the TPS status is temporary, it may last for many years.

Voluntary Departure (“VD”):

An alien may voluntarily depart the United States, preserving the right to return. An Immigration Judge may grant voluntary departure only if:

  • the alien has not been convicted of certain crimes;
  • the alien had not been granted voluntary departure, or ordered removed or deported in the past;
  • and, the alien establishes that he or she has the intention and ability to depart the United States within the time specified.
    Should the alien fail to depart the United States within the time specified by the Immigration Judge, the order of voluntary departure will automatically convert to removal/deportation order and the alien will become a fugitive.

Prosecutorial Discretion (“PD”):

Immigration and Customs Enforcement (ICE) uses a number of factors to decide when to prosecute and when to exercise prosecutorial discretion to terminate removal/deportation proceedings against an individual in the United States illegally. The factors considered by Immigration and Customs Enforcement (ICE) include:

  • pursuit of education in the U.S.;
  • circumstances of the person’s arrival in the U.S.
  • length of presence in the U.S.;
  • whether the alien has any immediate family who has served in the armed forces; the person’s ties and contributions;
  • ties to the community;
  • whether the person has a U.S. citizen or permanent resident spouse, child, or parent;
  • age of the alien;
  • ties to his or her home country; and
  • whether the person is likely to be granted some sort of temporary or permanent relief from removal.

Deferred Action For Childhood Arrivals (“DACA”) (Form I-821D):

Deferred Action For Childhood Arrivals (“DACA”) affords protection from removal for individuals who meet the following criteria:

  • the applicant is under 31 years of age as of June 15, 2012 and came to the U.S. while under the age of 16;
  • the applicant has continuously resided in the U.S. from June 15, 2007 to the present;
  • the applicant entered the U.S. without inspection before June 15, 2012, or the Applicant’s lawful immigration status expired as of June 15, 2012;
  • the applicant was 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;
  • the applicant is currently in school, has graduated from high school, obtained a GED, or has been honorably discharged from the Coast Guard or armed forces; and
  • the applicant has not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors.

Once granted deferred action for childhood arrivals (DACA), an individual will receive an Employment Authorization Document (“EAD”) for two years, which is renewable indefinitely.

Contact our office to learn more about any of these relief categories to have Cella & Associates help you with obtain relief from deportation/removal.