There are six legal requirements for U nonimmigrant status:
- The applicant must have been a victim of a qualifying criminal activity.
- The applicant must have suffered substantial physical or mental abuse as a result of having been a victim of these criminal activities.
- The applicant must have information concerning that criminal activity.
- The applicant must have been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the crime.
- The criminal activity occurred in the United States or violated U.S. laws.
- The applicant is admissible to the United States under current U.S. immigration laws and regulations; those who are not admissible may apply for a waiver.
Alejandro Mayorkas, Biden’s head of the Department of Homeland Insecurity has announced that he would start handing U Visas.
No doubt he will take every illegal’s word about being assaulted. He will hand out thousands of U Visas that will allow them to get a Social Security card, will open a path to welfare, work permits, and an exemption from deportation.
Mayorkas will have a limit of 10,000 U Visas per year. But maybe not. Mayorkas has created a program, “Bona Fide Determination (BFD) process,” that blows the side door open and there would be no limit on the U Visas.
All you have to do is to provide an application listing why you should be accepted for a U Visa. Once the illegals catch on and are planting the idea , they will all be applied.
“No one is going to be denied… As quickly as these applications can be approved [via the BFD process], these illegal aliens are going to take jobs” from Americans, he said, adding:
They’re creating a new immigration system unilaterally because Congress is not doing any of the things that they want. They’re essentially throwing the INA [Immigration and Naturalization Act] into the garbage, and they’re just starting from scratch with how they want the laws to be which is: ‘No illegal alien left behind, and everybody gets a free work permit.” Their goal is unlimited immigration and no alien ever get removed from the country.
The DHS statement said:
Through this new process, USCIS will issue employment authorization and grant deferred action to petitioners in the United States with pending U visa petitions that it determines are bona fide (made in good faith and without intention of deceit or fraud) and who merit a favorable exercise of discretion. To be considered bona fide, the petition must include a certification from law enforcement that the petitioner was a victim of a crime and that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of that crime.