ASISTA

Eligibility for U Visa

Showing Client was Victim of a Qualifying Crime

  Sexual Assault Protection Order Chart
Courtesy of Victim Rights Law Center
  Brief in Response to Request for Evidence on Application for U Nonimmigrant Status
Re: Robbery falls into the category of felonious assault
  ASISTA Amicus Brief to AAO on Category
Congratulations and thanks to Yasmine Farhang (and Deisy) who worked on the brief in chief, to ICWC for joining and helping us craft the arguments, and to Jennifer Colyer & Daniel Fishbein at Fried, Frank, Harris, Shriver & Jacobson for their excellent work on the amicus brief!
  AAO adopts (and remands) for category approach to felonious assault?
The AAO seems to have paid attention to our amicus arguments on U visa crimes as “categories” in their decision in the case underlying our amicus, see attached redacted decision and the amicus. We will need to keep pushing this framework, however, so please continue using the arguments in the amicus when arguing crime categories. We do not, for instance, agree that the DV category contemplates only the facts involving relationships; many crimes are DV depending on the facts of the crimes, not just the relationships. One step at a time, though! Note that the amicus strategy seems to work (gets their attention), so if you have a case that is likely to go up to the AAO on an issue that seems intractable at VSC, please let us know early in the process so we can round up a firm and organize the arguments we should all be using. Congratulations and thanks to Yasmine Farhang (and Deisy) who worked on the brief in chief, to ICWC for joining and helping us craft the arguments, and to Jennifer Colyer & Daniel Fishbein at Fried, Frank, Harris, Shriver & Jacobson for their excellent work on the amicus brief!
 

Showing Substantial Harm

 

Showing Helpfulness to Law Enforcement

  DOL Policy
Department of Labor Policy regarding U Visa Certifications
  Winning U Visas : Getting Law Enforcement Certification
an Article by Gail Pendleton for LexisNexus
  CIS U Visa Certification Fact Sheet
Fact Sheet created by USCIS on U visa certification, for Law Enforcement
 

Qualifying Agencies

 

Us for Lawful Permanent Residents

  AAO Brief - U Visa and LPR status (4/2016)
Petitioner's Brief on Appeal on the denial of Form I-918, Petition for U Nonimmigrant Status
  ASISTA Brief - LPR and U Eligibility
Brief for Amicus Curiae ASISTA regarding jurisdiction to adjudicate a U visa petition for a former LPR in removal proceedings.
 
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