Living in a foreign country can be challenging, especially for immigrants who have been the victims of crime. In addition to physical and emotional trauma due to the crime itself, an immigrant may worry that if they report the crime, they may face deportation. Fortunately, there are protections available to victims of crime that can help them seek justice without the added worry of being removed from their communities. An experienced attorney can help crime victims determine whether U visas or VAWA self-petitions may be available in these situations.

The U Visa: A Pathway to Protection

The U visa is one option that may be available to immigrant victims of certain crimes. This type of visa provides temporary legal status to crime victims who have suffered harm because of qualifying criminal activity.

To be eligible for a U visa, a person must meet several requirements:

During the administration of President Joe Biden, significant changes have been made to the policies followed by immigration officials in the United States. There are tens of thousands of immigrants who have traveled through countries in South America and Central America in an attempt to enter the United States, and this has placed a strain on the systems used by immigration officials and on local and state governments who are affected by illegal immigration. In an ongoing effort to address these issues, the Biden administration has taken steps to streamline the procedures followed when people apply for asylum or parole, and it has also put policies in place to encourage the use of these procedures rather than attempting to enter the U.S. without authorization.

One important provision of the administration’s policy has limited when people may be able to apply for asylum. Specifically, the policy has stated that immigrants who enter the U.S. by crossing the border in a location other than an official port of entry will no longer be eligible for asylum. However, a federal judge recently struck down this part of the administration’s immigration policy, and this ruling may help ensure that more people will be able to qualify for asylum.

When Can a Person Apply for Asylum? 

Asylum is a form of protection that is available to immigrants who fear that they will face persecution in their home countries. Those who are fleeing from situations where they or their families may be subject to violence can receive protection against deportation from the United States. Once asylum is granted, a person will be able to continue living in the U.S., and they may also receive authorization to work and earn an income. 

Marriage fraud is a serious offense that can have severe consequences for both immigrants and U.S. citizens. It occurs when individuals enter into a marriage solely for the purpose of obtaining immigration benefits. United States Citizenship and Immigration Services (USCIS) closely scrutinizes marriage-based applications for visas and Green Cards to detect and prevent fraud. To avoid claims of marriage fraud, couples must understand the legal requirements that they will need to meet during the immigration process, and they can take steps to demonstrate that their marriage is valid. These steps include:

1. Marry for Genuine Reasons

The most effective way to avoid claims of marriage fraud is to ensure that a marriage is valid. USCIS officers are trained to identify fraudulent marriages, and they carefully examine the evidence provided to determine the authenticity of the relationship. It is crucial to have a bona fide marriage that is based on love and commitment rather than solely for immigration benefits.

2. Build Strong Evidence of a Genuine Relationship

When applying for immigration benefits based on marriage, it is essential to provide substantial evidence that a couple’s relationship is genuine. This evidence can include joint bank accounts, joint leases or mortgages, joint utility bills, photographs together, records showing that a couple shares children, evidence of regular communication between the spouses, and affidavits from family and friends who can attest to the authenticity of the relationship. The more evidence a couple can provide, the stronger their case will be.

When people are born in the United States, they are automatically granted U.S. citizenship, which can provide them numerous benefits. However, when a child is born outside of the United States, and at least one of their parents is a U.S. citizen, steps will usually need to be taken to ensure that the child's citizenship is recognized. In these situations, parents will need to understand when their children will be eligible for citizenship, and they can work with an immigration attorney to ensure that all issues related to citizenship or naturalization will be handled correctly.

Eligibility for Citizenship for Children Born Outside the U.S.

Whether a child may be recognized as a U.S. citizen will depend on the citizenship of their parents and whether the parents were married at the time of the child's birth. A child who is born abroad may receive citizenship in the following situations:

• Two U.S. citizen parents who are married - If both parents were citizens, and they were married at the time of the child's birth, or their marriage ended within 300 days before the child was born, the child will acquire citizenship. However, at least one of the parents must have resided in the United States before the child was born.

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Immigrants in the United States who have been detained by immigration officials will need to determine their options for defense against deportation. However, in many cases, a person's primary concern will be whether they can be released from detention so that they can return to their home, continue living with their family members, and maintain employment. In these situations, a person may be able to request an immigration bond hearing and ask for release from detention while their deportation case is pending. By understanding what to expect during these hearings, immigrants and their family members can make sure they will be fully prepared to advocate for their rights and interests.

What Is a Detention Bond Hearing?

An immigrant who requests a detention bond will appear for a hearing in front of an immigration judge. During the hearing, the judge will assess whether or not an immigrant should be released on bond while their removal proceedings are pending. This is an opportunity for the detained individual to argue that they are not a flight risk, do not pose a danger to the community, and have a strong case for remaining in the United States. If an immigrant is granted a bond at the hearing, they can leave detention and spend time with their family while they await the final determination in their deportation case.

Who Is Eligible for a Bond Hearing?

Not all detained immigrants are eligible to be released on bond. Immigrants who are subject to mandatory detention, such as those with certain criminal convictions or who are deemed to be a national security risk, may not be eligible for an immigration bond. However, most detained immigrants are eligible for a bond hearing, including those who are accused of entering the United States without authorization or overstaying their visas.