SPECIAL case: 212(d)(3) waiver + H1B

[tsunami]

- 2000: I came to US with F1 visa. Involved in a fraud marriage. Turned out this was a scam ring, they took my money without helping me to get a green card. I was caught at the USCIS office by the Immigration and Customs Enforment officers. They asked for my help to catch the ring leader.

- 2004: I got a job, applied for H1B as usual. The H1B classification was approved. USCIS asked me to go back to my home coutry to get the H1B visa. But the ICE guy asked me to stay because the criminal case was still going. So I stayed in the US. They gave me a work permit. Two months after that, my F1 status expired. I currently have no immigration status beside the Work Permit.

- 2007: The criminal case ended. The ICE guy don't need me anymore. But I am still legally in the US because I still have the Work Permit until the end of this year.

- Now I want to ask my company to apply for H1B again. This time I will go back to my home country to interview. The ICE guy told me to be prepared to apply for 212(d)(3) waiver, but he didn't tell me the details.

- I called my attorney for a quote. He said H1B attorney fee is $2000. Waiver attorney fee is $2500. This attorney is old, but he is very cranky. Every time I asked a question, he just yelled at me. So Im not comfortable hiring him. But my company wants me to use him for H1B.



My questions are:

1/ Difference between 212(d)(3) and I-212? In this forum, people only use I-212, so I am confused.

2/ Is the quote he gave me reasonable? Can I prepare 212(d)(3) on my own?

3/ When do we submit the waiver? After my consulate interview fails or before it starts or it is up to the consulate officer to decide whether he will request a waiver for me and he will prepare all the docs?

4/ How long does it take to get the result of the waiver for a nonimmigrant visa?

5/ Although I commited fraud, I wasn't convicted or deported. The ICE guy just let me go on my own way with the Work Permit. The ICE guy did say the Consulate will see the fraud in my record. Should I wait to see if the interview fails before I hire an attorney to prepare the waiver supporting docs?

6/ Does anyone know a good attorney for 212(d)(3) waiver in the US?

7/ Jesuslovesyou, did you have to give the Consulate supporting docs? How did you prepare them?


Thank you in advance. Please tell me in details.

[lopay]

do you have any evidence that proves that you were working with law enforcement? If you don't you need to get something from the ICE guy that says that you were working with the government and that they did not charge you with anything because you were working with law enforcement. Unless its somewhere on your record that you were helping them, without any evidence you could have some real problems.

[tsunami]

do you have any evidence that proves that you were working with law enforcement? If you don't you need to get something from the ICE guy that says that you were working with the government and that they did not charge you with anything because you were working with law enforcement. Unless its somewhere on your record that you were helping them, without any evidence you could have some real problems.


The ICE guy said it's in my record and the consular officer will see it.

Does anyone know a good attorney for 212(d)(3) in the US? I have talked to many attorneys and not many of them experience this waiver. I don't know which attorney really knows the stuff.

[Pinkpig]

I don't know if this will be helpful or not but take a look at this from our lawyer's site:

http://www.humanrightsattorney.com/sub/index.jsp;jsessionid=5FF3E06B7057FB62F83F06E7CA649 D21?contentid=qg7K9vw35qOBoZhCeWvqDd6c


S - snitch visa (for police informants)

The S visa, sometimes referred to as the "Snitch Visa," includes two categories - the S-1 and the S-2. S-1 is for a person who has important information on a criminal organization and whose presence is needed by the law enforcement authorities investigating or prosecuting the matter. An example of a criminal organization would be a drug trafficking cartel. The S-2 is for a person supplying key and reliable information to law enforcement regarding a terrorist organization, and in doing so, is placing him or herself in danger.

Thus, S-2 is a type of witness protection provision. The element of danger is not required for the S-1, but it is likely that many S-1s are also in vulnerable positions and may be able to obtain some type of appropriate protection.


U - crime victim visa

The U visa was created by the new Trafficking Act which amended 1994's Violence Against Women Act's immigration provisions. To qualify for a U visa, the applicant
must have been victimized by certain criminal activity that took place in the U.S. or violated U.S. law;
as a result of this criminal activity, the applicant suffered ?substantial physical or mental abuse?;
the applicant possesses information concerning the criminal activity; and
the applicant has a certificate or other affirmation by a designated official that she ?has been helpful, is being helpful, or is likely to be helpful? to an investigation or prosecution of the criminal activity.
The U visa provides the applicant with the ability to adjust their status to permanent residency after three years in U status. Derivatives may qualify under the U visa if extreme hardship can be demonstrated. U visa holders are authorized to work and do not have to be married to their abuser but may qualify as a victim under a myriad of criminal activity including domestic violence violations.

Ask us about interim relief now available for potential U visa holders.

Heather knows her stuff and does free consultations. I don't know if she could help you or not but it might be worth a look/see. She does not take cases that she thinks she cannot win.

[Pinkpig]

http://www.humanrightsattorney.com/sub/index.jsp?contentid=pKFXd5YT6ofwyMgCtcIi1PiX

Visas for Victims of Crime - The U Visa Program (scroll down this page for more information about the U visa application/process)

Updates to the U Visa Program:

The 2005 amendments to the Federal Violence Against Women Act (VAWA) made it easier for crime victims' children under the age of 21 to gain legal
immigration protection if their parent (the crime victim) was cooperating or "helpful to" a potential or existing criminal prosecution or investigation.

VAWA 2005 eliminated the hardship or separate certification requirement and added certain siblings as a category of derivative family members. U visa
applicants 21 and older may include spouses and children. U applicants under 21 may include spouses, children, parents and unmarried brothers and sisters
under 18 on the date the U applicant files for status.

Siblings who were under 18 at the time the primary visa applicant (crime victim) filed for U interim relief if the principal U applicant is under 21 years old may now be eligible for a visa.

Plus, any qualified children who couldn?t meet the requirement that the applicant would suffer extreme hardship if her child was not given temporary legal status under the U visa program and the child was not essential to the success of the criminal investigation or prosecution.

VAWA 2005 also changed the length of the U visa from being granted for three years to four years and even longer if a law enforcement official certifies that
the U holder?s presence is required to assist in the ongoing prosecution or investigation.


The "U" Visa: BACKGROUND & FREQUENTLY ASKED QUESTIONS

What is the U Visa? Is the visa currently available?

The U visa was created to aid law enforcement in obtaining cooperative assistance from victims of violent crime who would otherwise be deterred from reporting such crime to the police because of threats to their immigration status or due to being illegally present in the U.S. If the noncitizen "has been helpful, is being helpful, or is likely to be helpful to a Federal, State, or local law enforcement official, to a Federal, State, or local prosecutor, to a Federal or State judge, to the Service, or to other Federal, State, or local authorities investigating or prosecuting criminal activity" described below, CIS will grant a U visa to the noncitizen alien.
If the "Attorney General considers it necessary to avoid extreme hardship to the spouse, child, or in the case of an alien child, the parent of the noncitizen alien with the U visa, the Attorney General may also grant status to the noncitizen's family members if the investigation or prosecution would be harmed without their presence in the U.S.

The U visa is not yet available to be issued to applicants because no federal regulations have been written, explaining the scope of who qualifies for a U visa under the law that was written by Congress.

How can I get a work card (work authorization) if the U visa is not yet available?

Because the regulations are taking so long, CIS has created a temporary program that allows applicants who would probably qualify under the eventual U visa to obtain temporary work authorization until the U visa becomes available. However, there is no guarantee that the applicant will eventually qualify for the U visa, itself, since the regulations have not been released yet.

Work authorization can be requested at the same time that the application for temporary relief is submitted. Work authorization approval usually takes between 60 - 90 days if filed correctly, based on current processing times.

It is risky for any potential applicant who wants this temporary status and work authorization to qualify for this temporary relief if the crime involved is not a felony under state or federal law, based on the narrowest interpretation of the law. However, if you have been a victim of any state, federal, or local crime listed above and you do not have legal status now, feel free to contact us to determine whether it is worth the risk for you to expose yourself to CIS to obtain work authorization.

What are the basic requirements to obtain a U Visa or temporary relief under the U Visa Program?

To qualify for the U visa, an applicant must meet the following requirements:

(1) Petitioners must have suffered substantial physical or mental abuse? resulting from criminal activity outlined in the statute (?domestic violence? is one such criminal activity);

(2) The criminal activity must have taken place in the U.S. or violated U.S. laws;

(3) The petitioner must possess information concerning the criminal activity;

and

(4) The petitioner must have a certificate or other affirmation by a designated law enforcement official that she ?has been helpful, is being helpful, or is likely to be helpful? to an investigation or prosecution of the criminal activity.

What kind of crime qualifies for the U Visa?

The criminal activity must involve one or more of the following or any similar activity in violation of Federal, State, or local criminal law:
rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.


Does the person who committed the crime have to be in valid immigration status (i.e., a LPR, US Citizen, or visa holder)?

No. The U visa program is unique, in that the abuser or perpetrator of the crime can be undocumented or illegally in the U.S. The immigration status of the abuser or person who committed the crime against you does not matter for purposes of you obtaining a U visa or temporary relief under the U Visa program.

* * * * *

When Experience and Ethical Reputation Matters.
100% Approval on all "U Visa" Interim Relief/Employment Authorization Cases*

*As of August 2006