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Immigrants and State Courts

Immigrants and State Courts

The New York Family Court Act & Federal Immigration Law, Policy & Enforcement

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FCA Article 8 - Family Offenses

Why Timely U Certification Matters

  • Issuance of a U visa is limited annually to 10,000 principal applicants. However, there is no limit for derivative family members of the principal applicant, such as spouses or children.
  • Principal U visa applicants can expect to wait 4-5 years for BFD / waiting list determination.
  • A U certification cannot be more than 6 months old when the non-citizen seeks U nonimmigrant status.

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FCA Article 8 - Family Offenses

  • Issues for the Respondent
    • Orders of Protection
    • Civil Contempt & Incarceration
    • Concurrent Criminal Proceedings
  • Issues for the Petitioner
    • U Nonimmigrant Status Certifications
    • Process of U-Certification Issuance
    • U Certification Requirements
    • Why Timely U Certification Matters
    • SIJS v. U Visa
    • Special Immigrant Juvenile Status (SIJS)
    • Supporting Evidence for VAWA
  • FCA Article 8 Slide Presentation

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