Boyd's Immigration Clinic Approaches 50th U-Visa Grant

Student attorneys in the Thomas & Mack Immigration Clinic at the Boyd School of Law  have assisted almost fifty clients in obtaining U-Visas since the first U-Visa was granted in May 2009.

A U-Visa is a nonimmigrant visa that is designed for victims of certain crimes and is available to noncitizens who currently are undocumented. To qualify for the U-Visa, applicants must demonstrate they have suffered substantial physical or mental abuse because of a crime and have been helpful or are likely to be helpful to law enforcement in the investigation or prosecution of that crime.

"It takes a lot of courage for the victim to come forward and stop what is happening to them," said Angela Morrison, the Legal Director of the Nevada Immigrant Project. "This is a way that people can move on from being a victim and can continue to contribute to society."

The Clinic opt to assist clients in obtaining U-Visas because it is a new and challenging area of law and because the Clinic wanted to be at the forefront in developing this area of law.

Boyd students in the Clinic are certified as student attorneys in the state of Nevada and represent the U-Visa applicants during the U-Visa process. The Clinic has achieved almost 50 granted U-Visas.

"Abusers would tell them [the victims] things like if you tell anyone I will report you to Immigration and get you deported," Morrison said. "U-Visas help them become comfortable about coming forward and assisting law enforcement."

The Clinic receives many of its referrals from the Department of Family Services, Family Court judges and Hearing Masters in Family Court. Additionally, the Clinic participates in a unified intake process for domestic violence victims with the Legal Aid Center of Southern Nevada and Nevada Legal Services.

"This [U-Visa] provides a benefit to the United States by helping law enforcement," Morrison said. "They [U-Visa recipients] contribute to society, including volunteering at schools, working and contributing economically to the United States."

An additional benefit made available by U-Visas are derivative benefits which means qualifying members of an applicant's family can also apply for a U-Visa through the applicant. Once the U-Visa is granted, the applicant receives work authorization.

Since the first U Visas were granted in 2009, there have been 8,663 U-Visas granted nationally. Only 10,000 can be granted each year. The U-Visa expires after four years, but after three years the recipient can apply for permanent resident status, also known as a "green card." Currently, the United States Citizenship and Immigration Services is taking approximately six months from the application date to process the application.