Below is a summary of the changes:
- NEW CRIMES: the following crimes were added to the statutory list of crimes for U visa
o Staking, and
o Fraud in Foreign Labor Contracting as defined by 18 U.S.C. 1531
§ (a) Work Inside the United States.— Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment in the United States by means of materially false or fraudulent pretenses, representations or promises regarding that employment shall be fined under this title or imprisoned for not more than 5 years, or both.
§ (b) Work Outside the United States.— Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment performed on a United States Government contract performed outside the United States, or on a United States military installation or mission outside the United States or other property or premises outside the United States owned or controlled by the United States Government, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment, shall be fined under this title or imprisoned for not more than 5 years, or both.
o Other statutory list of crimes include: rape, torture, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, abduction, blackmail, extortion, Perjury, false imprisonment, felonious assault, female genital mutilation, trafficking, murder, manslaughter, and others…. 18 U.S.C. 1351
- AGE OUT PROTECTION: Depending on the age of the principle, the following family members may be derivatives.
o If principle is under 21 years of age, derivatives include spouse, unmarried siblings under 18 and parents
o If principle is 21 or older, derivative include spouse and unmarried children under 21
o The amendment provides that the age of the principle and qualifying derivate is determined by the date the petitioner for U nonimmigrant status properly files his or her principal petition. This change protects qualifying derivative (dependents) child who age out, turning 21, while the process was pending or after obtaining the U visa but before being able to adjust status. As well as qualifying relatives of principle under 21 who were aged out when the principle turned 21 during the U visa application process.
o This provision is retroactive, thus applies to derivative petitions currently being held by USCIS.
- PUBLIC CHARGE: the amendment provides that the public charge ground of inadmissibility at INA 2312(a)(4) does not apply to any alien who is petitioning for or has been granted U nonimmigrant status, or derivative U nonimmigrant status. As well as U nonimmigrant adjustment of status application. As a result the person seeking or granted U status does not have to submit a waiver application for this ground of inadmissibility.
- ACCESS TO FEDERAL FOSTER CARE UNDER UNACCOMPANIED REFUGEE MINOR PROTECTION FOR CERTAIN U VISA RECIPIENTS: VAWA 2013 provides a placement in Federal Foster Care to the principal and derivative U nonimmigrant children. To be eligible the U nonimmigrant children must apply with Department of Health and Human Service (HHS) before turning 18 years of age.