Felonious Assault U Visa - Every year, tens of thousands of people apply for legal status in the US through a U visa. But what is it? Steph Solis/Asbury Park Press
Alejandra Morales does not want to live in the domestic violence that she went through years ago, let alone use this ordeal as a path to legal action.
Felonious Assault U Visa
After his victim was convicted of aggravated assault and battery in 2011, Morales, an illegal immigrant from Mexico, said he tried to make a better life. for his three sons. "I don't want to apply this to my situation."
Immigration Relief For Immigrant Victims Of Domestic Violence, Sexual Assault And Human Trafficking Victims Sioux Falls, South Dakota December 1, Ppt Download
But Morales said he changed his mind after his eldest son, Alejandro, lost his immunity from deportation under the Deferred Action for the Arrival of Children program after being charged with drug possession. maj.
The fear of seeing his family fall apart amid increased sanctions under the Trump administration led Morales, 37, and Alejandro, 23, to join thousands of victims who will apply for U visas, able to live for the displaced people.
Created as part of the 2000 Federal Act on the Protection of Victims of Trafficking and Crime, the U visa is a temporary visa issued to victims of certain crimes to commit crimes that cooperate with the police. This program is designed to help the police prosecute cases of domestic violence, human trafficking and other crimes with the help of immigrants, whether they how life is.
It allows undocumented victims to call 911 and report a crime without fear of their abuser or the police seeking retaliation through deportation , John Leschak, the attorney representing Morales. Without such protection of victims, it will be difficult to hold the perpetrators accountable for their actions.
U Visa Lawyer
The visas allow eligible individuals to obtain a work permit in the United States for four years and provide them with other benefits, including the opportunity to apply for a green card after three years and the opportunity to renew renew their U visas.
Since its inception, the program has granted visas to more than 100,000 applicants and eligible family members, including victims of trafficking, coercion and recruitment. But such protection is not easy to secure.
Many additional license holders are stuck on the waiting list. The US Citizenship and Immigration Services receives approximately 10,000 applications per year. It receives up to six licenses per year.
In 2016, more than 62,000 people applied for U visas, including 1,084 from New Jersey, according to data from the US. Citizenship and Immigration Services.
U Visa Backlog Updates
Due to the backlog, applications can only be processed in 2018; Successful applicants will have to wait longer to receive their visas.
In order to commit fraud for a U visa, the victim must fill out several forms detailing the crime, and obtain a report from the law enforcement agency confirming the victim's story. person and role in the investigation, according to US Citizenship and Immigration Services. The license is sent to the agency.
The Ocean County District Attorney's Office, which investigated the 2011 attack on Morales, signed off on U Visas for him and his sons. Law enforcement agencies are urging future victims of violence regardless of their immigration status.
Morales, an immigration rights activist whose story was chronicled in the Asbury Park Press, spent two decades in the U.S. without legal protection.
U Visa Faqs
She contacted Lakewood police after an abusive relationship in June 2011. During the seven-month relationship, Morales said the ex-boyfriend beat her and threatened her son Alejandro. The man also threatened to hand him over to Immigration and Customs Enforcement, telling them he was unlicensed and driving without a license.
Matters came to a head on June 5, 2011, when the man crashed Morales' car into his sister's during an argument, according to Morales and court documents.
She cooperated with the Ocean County District Attorney's Office, which filed charges against her ex-boyfriend. In August 2011, the man pleaded guilty to aggravated assault and battery. ICE revoked his rights and removed him from the country.
Morales eventually received advice and moved on, focusing on his family and citizenship in Lakewood. Her ex-boyfriend is serving a five-year prison sentence in Texas for multiple attempts to enter the country after a 2011 conviction.
U Visa And Vawa Information Session And Free Legal Screenings
Currently president of the nonprofit organization La Voz Latina, Morales works with Latino families and school advocates in Lakewood. Through her advocacy, Morales said, she has learned that many parents have experienced similar abuse.
"He didn't let his lack of immigration status scare him or prevent him from seeking police help," Leschak said. "But unfortunately there are many people like Alejandra who are very afraid."
Morales and his son Alejandro did not find out about the U visa until years later. Once they have completed the license, they can wait longer than previous license holders.
Alejandra Morales, who came to the United States illegally 20 years ago and became a worker for Latinos, shares her story at La Casa de la Tia restaurant in Lakewood, NJ. Staff Video Tanya Breen
Obstacles To Hope: Polk County Sheriff's Office Differs With Immigrant Advocates On U Visa
Morales said the permit is their best shot at keeping their family together in America. His son Alejandro, the eldest, helps him run a Mexican restaurant on Main Street. He also helped raise his two younger brothers in the United States.
"I have to find another way to protect him, find a way to get him through the immigration process if his DACA is not renewed," he said.
Slowly, he said, his family is moving forward, and he hopes other survivors will follow suit - if not for themselves, then for their children.
"We are blessed by motherhood," she said. "We have a responsibility to our children, and that should motivate us. Don't let your children suffer like you did."
Pdf) U Visas For Immigrant Victims Of Hate Crimes: A Practice Guide For Advocates
Second degree assault washington state, 2nd degree assault sentence, 2nd degree aggravated assault, 2nd degree assault mn, 2nd degree assault, 2nd degree assault definition, 3rd degree assault washington state, 4th degree assault washington state, 2nd degree felony assault, 4th degree assault washington, what is assault 2nd degree, 2nd degree assault charges