Once you receive the I-918 approval notice indicating you are in U nonimmigrant status, can you can travel outside of the United States? Technically, individuals in U nonimmigrant status are eligible to apply for a U visa abroad at a U.S. consulate and may be able to use that visa to reenter the United States after a trip abroad. While theoretically possible, it would not be advisable.  There are also two serious concerns that would arise relating to unlawful presence bars and the continuous physical presence requirements for U nonimmigrants to be able to adjust status and obtain a green card after three years in U status.  Unlawful Presence Bars There are also complications that arise from unlawful presence. If the U visa holder accrued unlawful presence, which most have, then departure from the United States will trigger a three- or ten-year bar making them inadmissible. Once a U nonimmigrant that is outside of the country has triggered a new ground of inadmissibility such as the unlawful presence, they will need to apply for a new waiver of inadmissibility on Form I-192 (any existing I-192 that was approved will only cover grounds of inadmissibility that existed at the time it was approved not grounds that were triggered after). They will be required to remain outside of the United States during the adjudication of the waiver.  Note: This is because they are outside the United States and reentering thus they must be admissible, otherwise new grounds of inadmissibility would not necessarily require a new waiver for purposes of adjustment of status.  Continuous Physical Presence Requirements for Adjustment of Status In Three Years Further it may create an obstacle to later eligibility to adjust status to become  a legal permanent resident and get a green card. In order for U visa holders to apply for adjustment of status to lawful permanent residence, she must demonstrate continuous physical presence in the United States. The regulations state that “an alien shall be considered to have failed continuous physical presence…if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate of 180 days.”  Since it will almost certainly take more than 90 days to process the visa and/or waiver needed, the U visa holder will likely become ineligible for adjustment of status since they will have an interruption in their continuous physical presence.  Grounds of Inadmissibility Triggered After The Approval  U visa holders are not required to demonstrate their admissibility when applying to adjust their status pursuant to INA §245(m). Thus, when the U visa holder applies to adjust her status, there is no need—and, indeed, no mechanism—for USCIS to waive her smuggling ground of inadmissibility, and the existence of the unwaived ground of inadmissibility will not preclude them from adjusting status. However, the new ground of inadmissibility may (and very likely will) factor into USCIS’s determination as to whether discretion should be exercised in the applicant’s favor. Therefore, it is likely that it will ultimately end up preventing them from being able to adjust status just under a different legal ground.  Per the regulations, where new grounds of inadmissibility and other adverse factors are present at the adjustment stage, the applicant may “offset” them “by submitting supporting documentation establishing mitigating equities that the applicant wants USCIS to consider when determining whether or not a favorable exercise of discretion is appropriate.” See 8 CFR §245.24(d)(11). Depending on the nature and severity of the adverse factors, “the applicant may be required to clearly demonstrate that the denial of adjustment of status would result in exceptional and extremely usual hardship.” See 8 CFR §245.24(d)(11). [The regulations provide that “USCIS will generally not exercise its discretion favorably in cases where the applicant has committed or been convicted of a serious violent crime, a crime involving sexual abuse committed upon a child, or multiple drug-related crimes, or where there are security- or terrorism-related concerns.” Id.] In that scenario, if trying to overcome new grounds of inadmissibility, you would want to try to tie the new ground of inadmissibility or other adverse factor(s) to the applicant’s victimization and/or cooperation with law enforcement. Though such a showing is not legally required, it can serve as a strong mitigating equity. Address and provide evidence of the humanitarian considerations and disruption to family unity that will result if USCIS denies the adjustment application.

NEW YORK STATE CRIME VICTIM SERVICES SERVICES PROVIDED BY OFFICE OF VICTIMS SERVICES (OVS) OVS provides compensation to innocent victims of crime for their out-of-pocket losses related to the crime. OVS funds local victim assistance programs that provide a variety of direct services to crime victims, including helping victims complete their OVS application for assistance. OVS advocates for the rights and benefits of all innocent victims of crimes. CONTACTING THE NY OFFICE OF VICTIMS SERVICES TELEPHONE: 1-800-247-8035 or (718) 923-4325    EMAIL: ovsinfo@ovs.ny.gov WEBSITE: www.ovs.ny.gov   OFFICE:   55 Hanson Place, 10th Floor Brooklyn, NY 11217 APPLICATION FOR COMPENSATION ONLINE CONTACT    https://ovs.ny.gov/victim-compensation        https://ovs.ny.gov/form/contact-form OVS RESOURCE CENTER – FIND VICTIM ASSISTANCE PROGRAMS Find resources provided by OVS-funded Victim Assistance Programs (VAPs) from across New York State. Search by zip code using the OVS Resource Center website.  https://ovs.ny.concerncenter.com ADDITIONAL INFORMATION FROM OFFICE OF VICTIM SERVICES:  https://ovs.ny.gov/ Restitution Payment Restitution is compensation paid to a victim by the perpetrator of a criminal offense for the losses or injuries incurred as a result of the criminal offense.   It must be ordered by the Court at the time of sentencing, and is considered part of the sentence. Restitution may include but is not limited to reimbursement for medical bills, counseling expenses, loss of earnings and the replacement of stolen or damaged property. How do I ask for Restitution? You should contact the DA’s office and advise them of the extent of your injury, your out-of-pocket losses and the amount of damages you are requesting. They would ask the Judge to order the payment of restitution or include such payments in any plea agreement.  If you do not ask the DA for restitution and provide necessary documents prior to sentencing then you may not get it. It is your duty to request restitution and provide copies of bills and documentation of the extent of your injuries, out-of-pocket expenses, and other damages. If your request is not provided to the Criminal Court before sentencing, you may have to pursue reimbursement of your losses in Civil Court.  BE SURE TO: The DA will provide you with more information about this process. FIND DISTRICT ATTORNEY OFFICE:  www.nypti.org/new-york-district-attorneys  CRIME VICTIM COMPENSATION FROM OFFICE OF VICTIMS SERVICES  The OVS offers compensation related to: personal injury, death and loss of essential personal property. YOU MUST FILE FOR COMPENSATION WITHIN ONE YEAR AND COMPLY WITH OTHER DEADLINES TO BE ELIGIBLE. WHAT EXPENSES MAY OVS COVER? WHO MAY BE ELIGIBLE? What if my property was lost, damaged or destroyed because of the crime? If you are under 18, 60 or over, disabled or were injured, you may apply for benefits to repair or replace your essential personal property lost, damaged or destroyed as a direct result of a crime that was not covered by any other source. Essential means necessary for your health and welfare, like eyeglasses, cash and clothes. How do I apply for compensation? You can apply for compensation using the NYS OVS Claim for Compensation Application, from the OVS website, or contact us to find a local victim assistance program near you. You may also get an application from any police station, precinct house, or hospital emergency room.     Send OVS your completed OVS application along with photocopies of:  What if I need compensation right away? In limited cases, you may ask for an emergency award, up to $2,500. What if I don’t have some of the papers OVS needs? Send your application in right away. You can send the other documents later. ADDITIONAL INFORMATION:  https://ovs.ny.gov/

U VISA PETITION Form I-918 U VISA CERTIFICATION Form I-918, Supplement B REQUESTS FOR U VISA CERTIFICATIONS Form I-918, Supplement B, U Visa Certification forms and requests for certification can be sent by mail to: Domestic Violence Unit / U visa Certification OfficeNew York City Police DepartmentOne Police Plaza, Room 605New York, NY 10038 What are the requirements for a U visa? Who can complete the Form I-918B? What does “helpful to law enforcement or a certifying agency” mean?

Workers who are experiencing a labor dispute at their worksite can notify DOL of the labor dispute and request that DOL submit a “Statement of DOL Interest” in support of a request to DHS for immigration-related prosecutorial discretion. USCIS will grant deferred action to victims of workplace labor violations in order to ensure that immigrant workers cooperate with investigators and report violations to ensure employers comply with regulations. You can find the DHS Policy Statement 065-06 detailing this policy, “Worksite Enforcement: The Strategy to Protect the American Labor Market, the Conditions of the American Worksite, and the Dignity of the Individual.” Requesters should send the request to statementrequests@dol.gov with the subject line “Request for Statement of DOL Interest.” In the emailed request, requesters are encouraged to provide enough information for the Department to identify the worksite that is the subject of the labor dispute. DOL may consider in responding to these requests, including but not limited to: • A description of the labor dispute and how it is related to the laws enforced by DOL; • A description of any retaliation or threats workers at the worksite may have witnessed or experienced related to labor disputes; and • A description of how fear among workers at the worksite of potential immigration-related retaliation or other immigration enforcement in the future is likely to deter workers from reporting violations related to the labor dispute to DOL or otherwise cooperating with DOL. As relevant, please specify the time, place, and manner of any such facts. What factors will the Department consider when deciding whether to provide a Statement of DOL Interest in a worksite’s labor dispute? DOL will assess each request on a case-by-case basis and in consideration of its specific enforcement needs. Factors that may be considered include, but are not limited to: • DOL’s need for witnesses to participate in its investigation and/or possible enforcement; • Whether DHS’s use of immigration-related prosecutorial discretion would support DOL’s interest in holding labor law violators accountable for such violations; • Whether workers are experiencing retaliation, threats of retaliation, or fear retaliation and/or may be “chilled” from reporting violations of the law or participating in DOL enforcement; • Whether immigration enforcement concerning workers who may be witnesses to or victims of a violation of laws within DOL’s jurisdiction could impede DOL’s ability to enforce the labor laws or provide all available remedies within its jurisdiction; • Likelihood that immigration enforcement could be an instrument used to undermine DOL’s enforcement of laws in the geographic area or industry and/or give rise to further immigration-based retaliation. The Department will weigh factors listed above based on the specific circumstances of the labor dispute. DOL may contact the requester with questions or for additional information necessary to evaluate the request More information is available on the NYS DOL Website. NYS DOL May Also Certify a Supplement B for a U Visa Applicant Requesting U Visa Certification from the NYS DOL The U Visa provides immigration status for victims of certain serious crimes, who have suffered substantial physical or mental harm, and are helpful to law enforcement, including the NYS DOL, in the detection, investigation, or prosecution of the criminal activity. The U Visa was created to encourage immigrants who may be wary of interacting with law enforcement to come forward and report when they have been a victim of a crime. U visa eligibility criteria can be found on the USCIS website U Visa page. An applicant must submit certification from a law enforcement agency establishing that they:

What are the requirements for a U visa? » The petitioner:Ÿ Was a victim of a qualifying criminal activity, that occurred in the U.S. or violatedU.S. law;Ÿ Has specific, credible, and reliable information about the qualifying crime;Ÿ Was, is being, or is likely to be helpful to the certifying agency in the detection,investigation, prosecution, conviction, or sentencing of the qualifying crime;Ÿ Suffered substantial physical or mental abuse as a result of the qualifying crime;andŸ Is admissible to the United States. Who can complete the Form I-918B? Ÿ Any federal, state, tribal, territorial, or local law enforcement agency, prosecutor, judge, or other authority that hasresponsibility to detect, investigate, or prosecute the qualifying criminal activity, or convict or sentence the perpetrator.Ÿ Agencies with criminal investigative jurisdiction, such as child and adult protective services, the Equal EmploymentOpportunity Commission, and federal and state Departments of Labor. What does “helpful to law enforcement or a certifying agency” mean? Ÿ The victim has been, is being, or is likely to be helpful to law enforcement,prosecutors, judges, or other government officials in the investigation orprosecution of the qualifying criminal activity of which they were a victim.Ÿ Includes detection, conviction, or sentencing of the qualifying criminal activitythey were a victim of.Ÿ A current investigation, the filing of charges, a prosecution, or a conviction arenot required to sign the law enforcement certification. DIRECT VICTIMS The person against whom the crime was perpetrated and who has suffered direct and proximate harm as a resultof the commission of qualifying criminal activity. Bystanders who suffer an unusually direct injury as a result of aqualifying crime may also qualify. INDIRECT VICTIMS A person may be eligible as an indirect victim if the following requirements are met:» The person must have a qualifying family relationship to the direct victim:Ÿ If the direct victim is age 21 or older at the time the qualifying crime was committed, their spouse and unmarriedchildren under age 21 may qualify.Ÿ If the direct victim is under age 21 at the time the qualifying crime was committed, their spouse, unmarriedchildren under age 21, parents, and unmarried siblings under age 18 may qualify.16» The direct victim is unable to assist law enforcement because they are:Ÿ Deceased due to murder or manslaughter; orŸ Incompetent or incapacitated, including due to injury, trauma, or age.17» The indirect victim must meet all other eligibility requirements for U nonimmigrant status. VICTIM MUST HAVE SUFFERED SUBSTANTIAL PHYSICAL OR MENTAL ABUSE As the certifying official, you should provide information about any known or observed physical or mental harm orabuse sustained by the victim. Indicate whether the victim received any medical care to treat their injuries.USCIS encourages you to attach supplemental documentation related to any injuries sustained (forexample, police reports). USCIS is responsible for determining whether a person meets this eligibility requirement. USCIS will considerall supporting evidence the certifying agency provides when determining whether a person is eligible for Unonimmigrant status and may request additional information before adjudicating the petition.