Lee & Garasia, LLC
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What Crimes in New Jersey Qualify for the U Visa?

On July 15, 2014, USCIS recently released a Policy Memorandum pertaining to U visas. The Memo is entitled "Violence Against Women Reauthorization Act of 2013: Changes to U Nonimmigrant Status and Adjustment of Status Provisions." Among some of the important changes added by VAWA 2013 that the policy memorandum implements, officers are directed to take note of two new crimes that qualify as qualifying criminal activity for U nonimmigrant status. (U status is available to any alien who has suffered substantial physical or mental abuse as a result of having been a victim of certain qualifying criminal activity.) The two new crimes are Stalking and Fraud in Foreign Labor Contracting (as defined in section 1351 of title 18, United States Code). The statutory list of qualifying crimes is therefore now comprised of the following:

Abduction

Abusive Sexual Contact

Blackmail

Domestic Violence

Extortion

Obstruction of Justice

Peonage

Perjury

Prostitution

False Imprisonment

Felonious Assault

Female Genital Mutilation

Fraud in Foreign Labor Contracting

Being Held Hostage

Sexual Assault

Sexual Exploitation

Slave Trade

Stalking

Incest

Involuntary Servitude

Kidnapping

Manslaughter

Murder

Trafficking

Witness Tampering

Unlawful Criminal Restraint

Other Related Crimes

It is important to note that the above comprise general crime categories. Any attempt, conspiracy, or solicitation to commit any of the statutorily listed crimes above, including any offense that is substantially similar, may also be considered.

We hope that you have enjoyed this article and learned at least one new thing or tip that you may not have known. To keep informed about the latest developments in immigration law, please subscribe to our blog feed by clicking on the "Subscribe To This Blog's Feed" button on the right. It is important to understand that the above is only general information and not legal advice. It does not create an attorney-client relationship nor should it be relied upon as legal advice. The law is extremely fact and circumstance sensitive. For an individual legal analysis of your specific legal case, please complete the "Case Evaluation" box to the right of the screen to get in touch with one of our attorneys.

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PROFESSIONAL RECOGNITION

    • The National Advocates | Top 100 Lawyers
    • Rated by Super Lawyers | Angie Garasia | 5 Years
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    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationaly Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
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Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

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