Nearly a month after 42 Venezuelan migrants and five children were flown from San Antonio to Martha’s Vineyard, the group now appears to have a path to lawful status in the U.S.
The Bexar County Sheriff’s Office, which opened an investigation into whether people who “lured” migrants onto planes to the Massachusetts island, did so “under false pretenses” has now certified that the migrants are crime victims, allowing them to apply for a visa to remain in the U.S.
In a statement Thursday, Sheriff Javier Salazar said his office is investigating the case as a “possible unlawful restraint,” based on claims that migrants were transported from Bexar County under false pretenses.
“We have submitted documentation through the federal system to ensure the migrants’ availability as witnesses during the investigation,” Salazar said.
Two migrants contacted Friday told the San Antonio Report they were instructed not to speak to reporters because of the ongoing investigation, but seemed not to know about the possibility of getting visas yet.
Rachel Self, one of the attorneys representing the migrants, flew to San Antonio Monday to pick up the certifications.
“Since the day they landed on Martha’s Vineyard, it has been clear to all who spoke to them that the migrants had been preyed upon and victimized,” Self said in a statement. “No matter what your political beliefs are, these people are all crime victims.”
Self said now that the certifications are in hand, the migrants may begin the process to apply for a U visa, which is specifically set aside for victims of certain crimes.
“This is not a quick and easy process,” Self said. “U visa applications often take six or seven years just to be adjudicated. While the application is pending, the applicant can receive work authorization, but there is no guarantee as to when it will be granted. This is not a process anyone goes through for a quick fix.”
The certification, known as the Form I-918B petition for U nonimmigrant status, is the first step in the U visa application process through U.S. Citizenship and Immigration Services (USCIS), the federal agency that grants citizenship, green cards, temporary work visas and other immigration benefits.
Any migrant who has been victim of a qualifying crime in the U.S. must obtain the certification from the law enforcement agency investigating the crime.
The USCIS only approves 10,000 U visas per year, said Elizabeth Almanza Villaseñor, a senior Department of Justice-accredited representative with American Gateway, a nonprofit that provides immigration services to clients.
The certification is only valid for six months, Almanza Villaseñor said, so the application must be submitted before it expires. Once the certification, application and supporting documents are filed, USCIS will then determine whether the migrant was the victim of a qualifying crime, Almanza Villaseñor said.
USCIS may deny the application if it determines that the migrants have not contributed to the investigation or that the crime was not qualifying, she said.
According to the Department of Homeland Security, if granted, the U visa allows lawful status in the U.S. for up to four years, a work permit and could even provide lawful status to qualifying family members.
“There’s a waiting list of five to seven years right now because there’s a backlog,” Almanza Villaseñor said, but migrants can be put on deferred action, meaning they cannot be deported during the wait, but they can be granted a work permit during that time.
If the criminal investigation is closed before the U visa is approved, Almanza Villaseñor said as long as the migrant cooperated with law enforcement and was available to help in the investigation, they can continue the process.
The Bexar County Sheriff’s Office declined to answer additional questions Friday. In his statement, Salazar said only those who were physically in Bexar County at the time of the offense are considered suspects in the investigation, which is ongoing.
After 53 migrants died in sweltering heat in the back of an 18-wheeler in late June, Salazar hosted an immigration town hall, during which he urged migrants to report to law enforcement if they have been victims of a crime.
For the past several weeks, the Bexar County Sheriff’s Office Organized Crime Division conducted interviews with all the migrants on the flight. Their accounts, photos, videos and any other information they had about those who lied about the work and help they were promised if they took the flight north.
“Ironically, by choosing to transport the migrants to Martha’s Vineyard, which is in the First Circuit,” said Self, “all of these victims are now protected from removal while their U visa application is pending due to the Granados Benitez case.”
That 2021 case established that any migrants going through the U visa application process may not be deported.
“We will continue to remind them that they are not alone. We have their backs. And we are proud to be here for them,” Self said.
