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Spouse of H visa principals (H4) who show battery or extreme cruelty by the principal (H1) can apply for U-Visa and obtain employment authorization under INA 106. These applications are filed with Vermont Service Center.
Battered H4 spouse can apply for U visa which is designed for noncitizen crime victims who have suffered substantial physical or mental abuse from criminal activity and who agree to cooperate with government officials investigating or prosecuting this criminal activity. Currently U visa is granted as “U non-immigrant status interim relief”. U visas cannot be issued until the Department of Homeland Security (DHS) issues regulations making them available. Until then, no one is receiving an actual U visa. However, in the meantime, the DHS has made an interim form of relief available. It is referred to as "U nonimmigrant status interim relief" or "U visa interim relief." Eligible individuals who request U visa interim relief can receive deferred action, which would also allow them to obtain employment authorization. Every year, there are 10,000 visas /status available. A U visa is given a maximum period of 4 years. And there is no filling fee for U non-immigrant status interim relief.
For more information on U visa, please click one of the following topics:
What is U-Visa
Requirement for U-Visa
Procedure of application of U-Visa
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