Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA): Enacted in 1996, this law amended and changed much of the immigration law that was current at the time. Of particular relevance to undocumented students is the following: Section 301 (Treating Persons Present in the United States without Authorization as Not Admitted): This section states that immigrants who are or have been unlawfully present in the United States for 180 days but less than 365 days will be barred from re-entering the United States for three years. If they are unlawfully present in the United States for 365 days or more, they will be barred from re-entering the United States for 10 years. In certain circumstances, both of these bars are subject to waivers. Additionally, while prior to 1996 only offenses carrying a sentence of five years or more could lead to immediate placement in deportation proceedings, IIRIRA made minor offenses such as shoplifting potentially deportable offenses. U Visa: The U visa is a type of special nonimmigrant visa created for victims of certain crimes in the United States. An undocumented immigrant may be eligible for this visa if a victim of a qualifying crime and cooperated with the police or prosecutor in the investigation or prosecution of the crime. The crime victim must demonstrate substantial physical or mental harm as a result of the crime, that they have information about the crime and that they are helpful, was helpful or is likely to be helpful to police or prosecutors. A conviction is not required in order to qualify for a U visa. The U visa is often beneficial to undocumented immigrants because it provides a path to citizenship. The U visa lasts for four years during which time the visa holder is allowed to legally reside and work in the United States. Additionally, the visa holder may be able to adjust to legal permanent resident (LPR) status after three years. Once the immigrant becomes a LPR they can permanently remain legally in the United States and typically after five years of legal permanent residence they can apply for naturalization as a U.S. citizen. The Violence Against Women Act (VAWA): The Violence Against Women Act is a federal law signed by President Bill Clinton in September of 1994. VAWA accomplished many things, including the creation of special provisions in immigration law to protect victims of abuse who are not United States citizens. In certain cases of domestic violence, VAWA makes it possible for abuse victims to self-petition so that they do not have to rely on their abuser to obtain lawful status. If you know of someone who may be in an abusive situation, help and information about shelters and other types of assistance is available. Please call the National Domestic Violence Hotline: 1.800.799.7233.
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