Teacher abuse could be grounds for immigration benefit for children and their parents

Last week a teacher at Miramonte Elementary School in South Los Angeles was arrested, accused of committing lewd acts against more than 20 children for sexual gratification, after a series of photographs were discovered showing students between the ages of 7 and 10 blindfolded and gagged, being victimized.

Teacher Mark Berndt had been teaching at that school, whose students are predominantly Latino, for 30 years.

The parents of the students are furious and outraged that such young and vulnerable children have been exposed to possibly traumatic situations within the school. And rightly so.

In my column this week in La OpiniónHe explained how in the midst of this tragedy, parents should know that this teacher's crime could benefit victims who are undocumented.

If any of the victimized children are undocumented, they may be eligible for a U visa, a benefit that extends to their parents and unmarried siblings under the age of 18.

Although a victimized child is a U.S. citizen, undocumented parents may also be eligible for a U visa by applying for the visa as an indirect victim of the crime.

A parent filing an application for a U visa must meet all eligibility requirements based on the harm their child has suffered. Substantial harm to the parents themselves must be demonstrated to qualify for a U visa.

Generally, when the victim of the crime is a child under the age of 21, his or her parents and unmarried siblings under the age of 18 may be considered indirect victims.

If deemed eligible, U.S. Citizenship and Immigration Services will extend a U visa to the crime victim and their immediate family members for a period of four years. The visa is temporary, so they must take additional steps to obtain permanent residency at the end of that period.

When processing for permanent residence, victims who have obtained a U visa must submit an application for adjustment of status. They will have to prove that they have been living in the U.S. continuously for at least three years since receiving the U visa and that they cooperated with authorities in the investigation or prosecution of their abusers. They must be admissible to the U.S. and demonstrate that they are in the country for humanitarian reasons, to ensure family unity or in the public interest.

The conditions of admissibility to the country are complex and any applicant for a U visa should consult with an immigration attorney before beginning the process.