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
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