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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 | |
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 13771 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 |
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 | |
Agency Contact: Andria Strano 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 |