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| DHS/USCIS | RIN: 1615-AA67 | Publication ID: Fall 2019 |
| Title: New Classification for Victims of Criminal Activity; Eligibility for the U Nonimmigrant Status | |
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Abstract:
U nonimmigrant status is available to eligible victims of certain qualifying criminal activity who: (1) have suffered substantial physical or mental abuse as a result of the qualifying criminal activity; (2) possess credible and reliable information about the qualifying criminal activity ; (3) have been, are being, or are likely to be helpful in the investigation or prosecution of the crime; and (4) are the victims of a criminal activity, which took place in the United States, including military installations and Indian country, or the territories or possessions of the United States. Per statute, the total number of U-1 nonimmigrants visas granted cannot exceed 10,000 visas in fiscal year. This rule proposes new provisions required by statutory amendments for the U nonimmigrant status. Specifically, the rule would update and clarify the eligibility requirements and procedures for a victim to petition for U nonimmigrant status, as well as update adjudication and post-adjudication procedures. The Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457, and the Violence Against Women Reauthorization Act (VAWA) of 2013, Public Law 113-4, amended the U nonimmigrant status provisions of the Immigration and Nationality Act. The Department of Homeland Security issued an interim final rule in 2007. |
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| Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: No |
| EO 14192 Designation: Other | |
| CFR Citation: 8 CFR 103 8 CFR 204 8 CFR 212 8 CFR 214 8 CFR 299 | |
| Legal Authority: 5 U.S.C. 552 5 U.S.C. 552a 8 U.S.C. 1101 8 U.S.C. 1101 (note) 8 U.S.C. 1102 Pub. L. 113-4 | |
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Legal Deadline:
None |
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Timetable:
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| Additional Information: Transferred from RIN 1115-AG39 | |
| Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, Local, State |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
| RIN Data Printed in the FR: No | |
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Agency Contact: Andria Strano Acting Chief, Humanitarian Affairs Division Department of Homeland Security U.S. Citizenship and Immigration Services Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs, MD 20588-0009 Phone:240 721-3000 |
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