FCA Article 10 - Abuse & Neglect

U Nonimmigrant Status

What is U Nonimmigrant Status?

  • Lawful immigration status for immigrant crime victims and certain derivative family members that:
    • Provides authorization to work lawfully in the U.S.
    • Provides pathway to lawful permanent residence.
    • Enhances law enforcement’s ability to investigate crimes by encouraging non-citizens to report their victimization and seek protection from law enforcement

Judge’s Role in U Nonimmigrant Status

  • Federal law empowers Article 10 judges to provide the certification necessary for a child to apply for U nonimmigrant status.
  • Like special findings for SIJS, a family court judge’s certification is a preliminary step to initiate a child’s application process.  Immigration authorities [U.S. Citizenship and Immigration Services (USCIS)] have the SOLE authority to determine eligibility.

U Nonimmigrant Status v. SIJS

  • A child in Article 10 proceedings may qualify for both U Nonimmigrant status or SIJS.
  • Many children opt to apply for SIJS because:
    • SIJS generally provides a much faster path to a green card.
    • Unlike the U Visa that has a current annual limit of 10,000 approvals per year, there is no limit on the number of SIJS approvals that can be issued by federal immigration authorities on an annual basis.

U Nonimmigrant Status for Parents

  • Parents whose children have been the victims of crime may also be eligible for U Nonimmigrant status as “indirect victims.”
  • Non-respondent and respondent parents may request certification from the court even if their child is a U.S. citizen.

Click here for a complete training on U Nonimmigrant Status

To continue with Abuse and Neglect, click ‘Next’