USCIS Facilitates Employment Authorization and Deportation “Waiver” for Immigrant Crime Victims.

In order for immigrants who were victims of a crime to look for a job to get on their feet, the Office of Citizenship and Immigration Services ( USCIS ) improves its process to accelerate the Employment Authorization (EAD) and a deferred action of deportation for those who apply for the U visa .

The agency updates its Policy Manual, which integrates a new process for work permits for those who submitted their visa application and are granted authorization "in good faith . "

"This new process will allow eligible petitioners to access a more timely Employment Authorization, which will provide these crime victims with more stability as they rebuild their lives," the agency says.

This will also facilitate the relationship with investigative agencies and courts, since people will be able to obtain benefits while there are open judicial processes , without having to wait five years or more before being able to work legally in the United States.

"The victims will receive, without great delays or long waiting times, the stability they need while working with the forces of order," indicates the agency, highlighting that the benefit not only for immigrants, but will also have a positive impact on public safety. .

USCIS officers will determine in which cases they can advance the work permit during a U visa petition, in order to avoid fraud.

USCIS Acting Director Tracy Renaud defended the decision, taking into account the suffering of people at the hands of criminals .

“This good faith determination process will allow U visa applicants to work and remain safe in the United States while providing valuable support to law enforcement in detecting, investigating, or prosecuting serious crimes they have survived or have witnessed, ”he said.

How it will be graded

The officers who review the petitions will consider several aspects before granting the work permit:

>> The petitioner must correctly file Form I-918, Form I-918B U Certification of Nonimmigrant Status and a personal statement from the petitioner that describes his case of victimization.

>> The agency must have the result of the biometry of the main petitioner.

>> Agency officials will authorize the Employment Authorization and deferred action after conducting and reviewing background checks and determining that the immigrant does not pose a risk to national security or the public.

>> The guide is already in force and will be taken into account for requests that are presented as of June 14, 2021.

This type of visa was approved by Congress, integrated into the Law for the Protection of Victims of Trafficking and Violence and later the Law for the Protection of Battered Immigrant Women.

In recent years, petitions have accumulated more than 270,000 unsolved, according to USCIS.

Who benefits

USCIS officers must review each case, but immigrants who can get the benefit include:

>> Any victim of a crime
>> Domestic violence cases
>> Sexual assault
>> Human trafficking
>> Crime victims who have suffered substantial physical or mental abuse due to the crime and cooperate with law enforcement authorities or prosecution.