VISA
Frequently Asked Questions
VISA
Frequently Asked Questions
Peoples Immigrant Service Center is a trusted provider of comprehensive visa assistance services, catering to a diverse range of clients seeking entry into the United States. Our professional team specializes in an extensive variety of visas, including U visas and Spousal visas, to name a few. Our mission is to provide unwavering guidance and support to individuals who are feeling lost or overwhelmed during the complex visa application process.
To further assist you, we have compiled a list of frequently asked questions (FAQs) that address some of the most common concerns and issues surrounding visa applications along with a description of each type of Visa. Our team is always available to provide you with additional support and guidance as needed. At Peoples Immigrant Service Center, we are committed to helping you achieve your visa goals and we look forward to serving you.
U Visas are available for individuals who have suffered significant physical or mental abuse as a result of being a victim of certain crimes, including domestic violence, sexual assault, human trafficking, and other similar crimes. U Visas are available to both victims who are currently in the United States, as well as those who may be outside the United States. The U Visa also allows the victim’s family members, including spouses, children, and parents, to apply for derivative U Visas.
U Visa
U Visa
What is a U Visa?
A U Visa is a nonimmigrant visa available to victims of certain crimes who are in the United States and who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
Who is eligible for a U Visa?
Victims of certain crimes who have suffered mental or physical abuse in the United States and who are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity may be eligible for a U Visa.
What crimes are covered by a U Visa?
A U Visa is available to victims of qualifying criminal activity, which includes domestic violence, sexual assault, human trafficking, and other crimes that cause mental or physical harm.
How long does it take to obtain a U Visa?
The time it takes to obtain a U Visa can vary depending on several factors, such as the workload of U.S. Citizenship and Immigration Services (USCIS), the completeness of the application, and the availability of U Visas for that fiscal year. Generally, it can take several months or even years to obtain a U Visa.
How many U Visas are available each year?
There are only 10,000 U Visas available each fiscal year. Once this limit is reached, any additional eligible applicants will be placed on a waiting list until new U Visas become available.
Can family members of a U Visa applicant also apply for U Visas?
Certain family members of a U Visa applicant may be eligible for U Visas themselves, depending on their relationship to the victim and their involvement in the crime.
Can a U Visa holder become a lawful permanent resident (LPR)?
Yes, U Visa holders may be eligible to become lawful permanent residents (LPRs) after three years of continuous physical presence in the United States and compliance with other requirements, such as maintaining good moral character and not being convicted of certain crimes.
What are the benefits of a U Visa?
U Visa holders are granted authorization to remain in the United States for up to four years, may be eligible for work authorization, and may be eligible to receive certain public benefits. In addition, U Visa holders are protected from deportation while their U Visa application is pending.
How can I apply for a U Visa?
To apply for a U Visa, the applicant must submit a completed Form I-918, Supplement B, U Nonimmigrant Status Certification, along with other required documentation, to U.S. Citizenship and Immigration Services (USCIS). It is recommended that applicants work with an experienced immigration attorney to ensure that their application is complete and accurate.
Can I apply for a U Visa if I am currently in removal proceedings?
Yes, individuals who are in removal proceedings may still be eligible to apply for a U Visa, but they must first obtain a “stay of removal” from the Immigration and Customs Enforcement (ICE) or from the immigration judge. This allows them to remain in the United States while their U Visa application is pending.
T Visa
T Visa
T Visas, on the other hand, are available to individuals who have been victims of severe forms of trafficking in persons. This includes individuals who have been subjected to sex trafficking, labor trafficking, or other forms of trafficking. T Visas allow victims to remain in the United States for a period of up to four years and provide them with the opportunity to apply for permanent residency after three years. T Visas also allow family members of the victim to apply for derivative T Visas.
What is a T Visa?
A T Visa is a nonimmigrant visa available to victims of severe forms of human trafficking who are present in the United States as a result of trafficking. The T Visa allows victims to remain in the United States and assist law enforcement in the investigation and prosecution of human trafficking cases.
Who is eligible for a T Visa?
Victims of severe forms of human trafficking who are present in the United States as a result of trafficking and who are willing to assist law enforcement in the investigation and prosecution of human trafficking cases may be eligible for a T Visa.
What is considered ‘severe forms of trafficking’?
“Severe forms of trafficking” includes both sex trafficking and labor trafficking. It can involve force, fraud, or coercion, and includes both adults and children.
How long does it take to obtain a T Visa?
The time it takes to obtain a T Visa can vary depending on several factors, such as the completeness of the application and the workload of U.S. Citizenship and Immigration Services (USCIS). Generally, it can take several months or even years to obtain a T Visa.
How many T Visas are available each year?
There are 5,000 T Visas available each fiscal year. Once this limit is reached, any additional eligible applicants will be placed on a waiting list until new T Visas become available.
Can family members of a T Visa applicant also apply for T Visas?
Certain family members of a T Visa applicant may be eligible for T Visas themselves, depending on their relationship to the victim and their involvement in the trafficking.
Can a T Visa holder become a lawful permanent resident (LPR)?
Yes, T Visa holders may be eligible to become lawful permanent residents (LPRs) after three years of continuous physical presence in the United States and compliance with other requirements, such as maintaining good moral character and not being convicted of certain crimes.
What are the benefits of a T Visa?
T Visa holders are granted authorization to remain in the United States for up to four years, may be eligible for work authorization, and may be eligible to receive certain public benefits. In addition, T Visa holders are protected from deportation while their T Visa application is pending.
How can I apply for a T Visa?
To apply for a T Visa, the applicant must submit a completed Form I-914, Application for T Nonimmigrant Status, along with other required documentation, to U.S. Citizenship and Immigration Services (USCIS). It is recommended that applicants work with an experienced immigration attorney to ensure that their application is complete and accurate.
Can I apply for a T Visa if I am currently in removal proceedings?
Yes, individuals who are in removal proceedings may still be eligible to apply for a T Visa, but they must first obtain a “stay of removal” from the Immigration and Customs Enforcement (ICE) or from the immigration judge. This allows them to remain in the United States while their T Visa application is pending.
Special Immigrant Visa (SIV)
Special Immigrant Visa (SIV)
Special Immigrant Visas (SIVs) are available to individuals who have served or worked for the United States government in Iraq or Afghanistan. These visas are available to individuals who have provided translation services, worked as contractors, or provided other similar services to the United States government in these countries. SIVs allow these individuals and their family members to apply for permanent residency in the United States.
What is a Special Immigrant Visa (SIV)?
A Special Immigrant Visa (SIV) is a type of visa that allows individuals who have worked for or on behalf of the U.S. government in certain capacities in Afghanistan or Iraq, as well as their eligible family members, to immigrate to the United States.
Who is eligible for a Special Immigrant Visa?
Eligibility for a Special Immigrant Visa depends on the specific category of the visa. Generally, individuals who have worked for or on behalf of the U.S. government in certain capacities in Afghanistan or Iraq may be eligible, as well as their eligible family members.
What are the different categories of Special Immigrant Visas?
The different categories of Special Immigrant Visas include the Afghan Special Immigrant Visa (SIV) program, the Iraqi Special Immigrant Visa (SIV) program, the Special Immigrant Juvenile (SIJ) classification, and others.
How do I apply for a Special Immigrant Visa?
The application process for a Special Immigrant Visa varies depending on the specific category of the visa. Generally, applicants must file a petition with U.S. Citizenship and Immigration Services (USCIS), provide supporting documentation, and attend an interview at a U.S. embassy or consulate.
What documents are required for a Special Immigrant Visa application?
The documentation required for a Special Immigrant Visa application varies depending on the specific category of the visa. Generally, applicants must provide evidence of their eligibility, including proof of their work for or on behalf of the U.S. government, as well as other supporting documentation such as birth certificates, marriage certificates, and police certificates.
How long does it take to process a Special Immigrant Visa application?
The processing time for a Special Immigrant Visa varies depending on the specific category of the visa and other factors such as the volume of applications and the completeness of the application package. Generally, the process can take several months to over a year.
What happens if my Special Immigrant Visa application is denied?
If your Special Immigrant Visa application is denied, you will be notified of the decision and the reasons for the denial. In some cases, you may be able to appeal the decision or file a motion to reopen or reconsider.
Can I work in the United States with a Special Immigrant Visa?
Yes, in most cases, individuals who hold a Special Immigrant Visa are authorized to work in the United States.
Can my family members also immigrate to the United States with me on a Special Immigrant Visa?
Yes, in most cases, eligible family members of the primary Special Immigrant Visa holder can also immigrate to the United States on a derivative visa.
Can I travel outside of the United States with a Special Immigrant Visa?
Yes, in most cases, Special Immigrant Visa holders are allowed to travel outside of the United States, but they should be aware of any potential travel restrictions or requirements that may apply to their specific situation.
Special Immigrant Juvenile Visa (SIJ)
Special Immigrant Juvenile Visa (SIJ)
Special Immigrant Juvenile Visas (SIJ) are available to individuals under the age of 21 who have been abused, neglected, or abandoned by their parents. SIJs are available to children who are in the United States and have been placed in the custody of a state agency or a court. SIJs allow these children to apply for permanent residency in the United States and to eventually become U.S. citizens.
What is a Special Immigrant Juvenile Visa (SIJ)?
A Special Immigrant Juvenile (SIJ) Visa is a type of visa available to children who have been abused, abandoned, or neglected by one or both parents, and who cannot be reunited with either parent due to abuse, neglect, abandonment, or a similar basis found under state law. The SIJ program is intended to provide a pathway to lawful permanent residency for children who are unable to return to their home country due to abuse, neglect, or abandonment.
Who is eligible for an SIJ Visa?
To be eligible for an SIJ Visa, the child must be under the age of 21, unmarried, and must have been declared dependent on a juvenile court in the United States due to abuse, neglect, abandonment, or a similar basis found under state law. The child must also be unable to be reunited with either parent due to abuse, neglect, abandonment, or a similar basis found under state law.
Can children who are over 18 years old apply for an SIJ Visa?
No, children must be under the age of 21 to be eligible for an SIJ Visa.
How long does it take to obtain an SIJ Visa?
The time it takes to obtain an SIJ Visa can vary depending on several factors, such as the completeness of the application and the workload of U.S. Citizenship and Immigration Services (USCIS). Generally, it can take several months to over a year to obtain an SIJ Visa.
Can family members of an SIJ Visa applicant also apply for SIJ Visas?
No, only the child who has been declared dependent on a juvenile court in the United States due to abuse, neglect, abandonment, or a similar basis found under state law may apply for an SIJ Visa. However, once the child obtains lawful permanent residency, he or she may be able to petition for family members to obtain immigrant visas.
Can SIJ Visa holders become U.S. citizens?
Yes, SIJ Visa holders may be eligible to apply for U.S. citizenship after five years of lawful permanent residency in the United States, provided they meet other requirements, such as being physically present in the United States for a certain period of time and maintaining good moral character.
What are the benefits of an SIJ Visa?
SIJ Visa holders are granted authorization to remain in the United States for up to four years, may be eligible for work authorization, and may be eligible to receive certain public benefits. In addition, SIJ Visa holders are protected from deportation while their SIJ Visa application is pending. Once the SIJ Visa is granted, the child will receive lawful permanent residency in the United States.
Can I apply for an SIJ Visa if I am currently in the United States?
Yes, children who are present in the United States may be able to apply for an SIJ Visa.
Spousal Visa
Spousal Visa
Spousal Visas are available to individuals who are married to a U.S. citizen or a permanent resident. These visas allow spouses of U.S. citizens or permanent residents to enter the United States and eventually apply for permanent residency. Spousal Visas require the U.S. citizen or permanent resident to file a petition on behalf of their spouse.
What is a Spousal Visa?
A Spousal Visa allows a foreign-born spouse of a U.S. citizen or permanent resident to enter and live in the United States.
What are the eligibility requirements for a Spousal Visa?
The eligibility requirements for a Spousal Visa include being legally married to a U.S. citizen or permanent resident, demonstrating a genuine relationship, and meeting the financial requirements.
How long does it take to process a Spousal Visa?
Processing times can vary, but typically it takes between 12-18 months to process a Spousal Visa.
Can I work on a Spousal Visa?
Yes, once the Spousal Visa is approved and the foreign-born spouse enters the United States, they can obtain work authorization and work legally.
Can I travel outside the U.S. on a Spousal Visa?
Yes, but it is important to have the proper documentation, such as a travel permit, and to ensure that the foreign-born spouse does not spend too much time outside of the United States.
What is the difference between a Spousal Visa and a Fiancé(e) Visa?
A Spousal Visa is for spouses of U.S. citizens or permanent residents who are already married, while a Fiancé(e) Visa is for those who are engaged to be married and planning to marry in the United States.
Can I apply for a Spousal Visa if my spouse is not a U.S. citizen or permanent resident?
No, a Spousal Visa is only available to those who are legally married to a U.S. citizen or permanent resident.
How much does a Spousal Visa cost?
The cost of a Spousal Visa varies and includes USCIS fees, medical exams, and other associated costs. It can vary depending on details of each individual case.
What happens if my Spousal Visa is denied?
If a Spousal Visa is denied, the applicant can file an appeal or reapply. It is important to work with an experienced immigration attorney to determine the best course of action.
Can I apply for citizenship with a Spousal Visa?
Yes, once the foreign-born spouse has lived in the United States for a certain period of time on the Spousal Visa, they may be eligible to apply for U.S. citizenship.