Dept. of Homeland Security > Citizenship and Immigration Services

Publisher: Citizenship and Immigration Services

[pdf] USCIS Updates Policy Guidance on Self-Selecting a Gender Marker on Forms and Documents (March 31, 2023) (+)

U.S. Citizenship and Immigration Services is updating policy guidance in the USCIS Policy Manual to clarify that, effective immediately, USCIS will accept the self-identified gender marker for individuals requesting immigration benefits. The gender marker they select does not need to match the gender marker indicated on their supporting documentation.

Published March 31, 2023 by

Topics:

[pdf] USCIS Citizenship for Adopted Children (April 21, 2023) (+)

Under U.S. laws, children may obtain U.S. citizenship other than through birth in the United States.1 In general, persons born outside of the United States, including adopted children, may obtain U.S. citizenship after birth, before the age of 18, through a U.S. citizen parent. Some children immigrating based on adoption automatically acquire U.S. citizenship upon their admission to the United States as lawful permanent residents. Others do not, and their adoptive parents need to take additional steps before an adopted child turns 18 years of age for the child to obtain U.S. citizenship through the adoptive parent(s). Adoptees who do not obtain citizenship through their adoptive parents before turning 18 may be eligible to apply for naturalization after the age of 18. USCIS issued new policies clarifying guidance on citizenship and naturalization policy for adopted foreign born children.

Published April 21, 2023 by

Topics: ,

[pdf] USCIS Bona Fide Determination Process for Qualifying Family Members of U Nonimmigrant Victims of Qualifying Crimes (August 11, 2023) (+)

USCIS issues updates to the USCIS Policy Manual to facilitate adjudication and issuance of bona fide determinations for qualifying family members of U visa applicants living in the U.S. at the same time the as USCIS issues a bona fide determination to the U visa applicant.

Published August 11, 2023 by

Topics:

[pdf] USCIS Opens the Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center (March 30, 2023) (+)

U.S. Citizenship and Immigration Services (USCIS) is announcing the opening of the Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center, the sixth service center within its Service Center Operations (SCOPS) directorate, and the first to focus on humanitarian and other workload cases. The cases HART opened with adjudicating are: VAWA self-petitions (I-360), U visa bona fide determinations (I-918), Relative Petition for Asylees and Refugees (I-730) and Applications for waivers of reentry bars for immigrant spouses of U.S. citizens and lawful permanent residents.

Published March 30, 2023 by

Topics: , ,

[pdf] USCIS and State Department: Intercountry Adoption Process Flow Chart of Key Steps (June 6, 2023) (+)

USCIS and the U.S. State Department developed this tool to assist judges and attorneys in the U.S. to better understand the intercountry adoption process for foreign born children from Hague Convention and non-Hague Convention countries. This tools helps ensure that the proper steps are followed so that the adopted child obtains a visa providing them legal immigration status and a path to naturalized citizenship.

Published June 6, 2023 by ,

Topics: , , , , , ,

[pdf] USCIS Fact Sheet: Adoption in U.S. Courts of Children from Hague Adoption Convention Countries (June 6, 2023) (+)

Foreign-born children in the United States who are adopted in a U.S. court may face immigration-related implications. Adoption alone does not give a child lawful immigration status. This fact sheet reviews the immigration implications for children from Hague Adoption Convention (“Convention” or “Hague”) countries who did not immigrate to the United States through the U.S. Convention process and are undergoing U.S. adoption proceedings.

Published June 6, 2023 by , ,

Topics: , , , , , , ,

[pdf] USCIS Policy Update: VAWA Confidentiality and Safe Address for Survivor-Based Petitions (April 11, 2023) (+)

In alignment with VAWA confidentiality and a victim centered approach, the new policy reiterates and heightens these protection measures by providing clear guidance for safe mailing address procedures, requiring officers to carefully review documents before determining where to send notices and secure identity documents, and ensures that officers cannot make adverse case determinations based solely on information provided by prohibited source even if adjudicating non-victim-based applications or petitions.

Published 04/14/2023 by ,

[pdf] USCIS Form i-485 Instructions (December 23, 2022) (+)

Form I-485 application for adjustment of status to lawful permanent residency instructions. Includes details about applying for lawful permanent residency as a Violence Against Women Act (VAWA) self-petitioner, VAWA Haitian Refugee Immigration Fairness Act (VAWA HRIFA), and VAWA Cuban Adjustment Act (VAWA CAA) applicants.

Published December 23, 2022 by

Topics: , , ,

View other materials in

[pdf] Appendix D1 – USCIS SIJS Policy Manual Full – Vol 6 (October 7, 2022) (+)

This Appendix explains the purpose, background and eligibility requirements of SIJS. It discusses documentation, evidence, adjudication, appeals, motions to reopen, and motions to reconsider, and finally Data about SIJS.

This publication was developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.

Published October 7, 2022 by

Topics:

[pdf] DHS Public Charge Ground of Inadmissibility – Final Rule (September 9, 2022) (+)

This Federal Register publication (87 Fed. Reg. 55472 September 9, 2022) contains the final public charge rule and its regulatory history. This public charge rule was issued by the U.S. Department of Homeland Security (DHS) and provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The rule restores the historical understanding of a ‘public charge’ that had been in place for decades confirming that receipt of public health benefits such as Medicaid and nutritional assistance are not part of the public charge inadmissibility determination.

Under this rule, as under the 1999 Interim Field Guidance that was in place for most of the past two decades, a noncitizen would be considered likely to become a public charge if DHS determines that they are likely to become primarily dependent on the government for subsistence. This determination will be based on:
• The noncitizen’s “age; health; family status; assets, resources, and financial status; and education and skills,” as required by the INA;
• The filing of Form I-864, Affidavit of Support Under Section 213A of the INA, submitted on a noncitizen’s behalf when one is required; and
• The noncitizen’s prior or current receipt of Supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or long-term institutionalization at government expense.

DHS will not consider in public charge determinations benefits received by family members other than the applicant. DHS will also not consider receipt of certain non-cash benefits for which noncitizens may be eligible. These benefits include: Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs, Children’s Health Insurance Program (CHIP), Medicaid (other than for long-term institutionalization), housing benefits, any benefits related to immunizations or testing for communicable diseases, or other supplemental or special-purpose benefits.

Published September 9, 2022 by ,

Topics:

[pdf] DHS Publishes Fair and Humane Public Charge Rule (September 8, 2022) (+)

Press release on the 2022 final public charge rule issued by USCIS. The U.S. Department of Homeland Security (DHS) has issued a final public charge rule that provides clarity and consistency for noncitizens on how DHS will administer the public charge ground of inadmissibility. The rule restores the historical understanding of a ‘public charge’ that had been in place for decades confirming that receipt of public health benefits such as Medicaid and nutritional assistance are not part of the public charge inadmissibility determination.

Under this rule, as under the 1999 Interim Field Guidance that was in place for most of the past two decades, a noncitizen would be considered likely to become a public charge if DHS determines that they are likely to become primarily dependent on the government for subsistence. This determination will be based on:
• The noncitizen’s “age; health; family status; assets, resources, and financial status; and education and skills,” as required by the INA;
• The filing of Form I-864, Affidavit of Support Under Section 213A of the INA, submitted on a noncitizen’s behalf when one is required; and
• The noncitizen’s prior or current receipt of Supplemental Security Income (SSI); cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF); State, Tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or long-term institutionalization at government expense.

DHS will not consider in public charge determinations benefits received by family members other than the applicant. DHS will also not consider receipt of certain non-cash benefits for which noncitizens may be eligible. These benefits include: Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs, Children’s Health Insurance Program (CHIP), Medicaid (other than for long-term institutionalization), housing benefits, any benefits related to immunizations or testing for communicable diseases, or other supplemental or special-purpose benefits.

Published September 8, 2022 by

Topics:

[pdf] USCIS Naturalization for Special Immigrant Juveniles (SIJS) (September 21, 2022) (+)

Fact Sheet developed by USCIS describing the benefits and process for immigrant children who were victims of abuse, abandonment, neglect or similar harm perpetrated by at least one of the child’s parents who were granted Special Immigrant Juvenile Status by USCIS and gained lawful permanent residency through the SIJS program.

Published September 21, 2022 by

Topics: ,

[pdf] USCIS Naturalization for Lawful Permanent Residents Who Had T or U Nonimmigrant Status (September 21, 2022) (+)

Fact Sheet developed by USCIS describing the benefits and process for immigrant victims of trafficking, domestic violence, sexual assault, stalking or other criminal activities who were granted T or U visas and obtained lawful permanent residency through the T visa or U visa programs.

Published September 21, 2022 by

Topics: , , ,

[pdf] USCIS Naturalization for VAWA Lawful Permanent Residents (September 21, 2022) (+)

Fact Sheet developed by USCIS describing the benefits and process for abused immigrant spouses, children and parents who obtained lawful permanent residency through forms of Violence Against Women Act (VAWA) immigration relief.

Published September 21, 2022 by

Topics: , , , , , ,

[pdf] Administrative Appeals Office Non-Precedent Decision In Re: 12890448 (September 14, 2021) (+)

USCIS AAO non precedent decision granting SIJS child who was abandoned and neglected by her father who did not support her and who was residing with her non-abusive mother in Texas at the time of the state court order. To qualify for SIJS a child need only be abused, abandoned or neglected by one parent and can be living with the non-abusive parent. Where the Texas court applied Texas child welfare laws to deny the father access to the child such a determination is sufficient to support the court’s determination that reunification with the father was not viable and the child was eligible for SIJS. The state court need only conduct an individualized assessment under state law for SIJS findings to be sufficient for SIJS purposes.

Published September 14, 2021 by

Topics:

[pdf] Administrative Appeals Office Non-Precedent Decision In Re: 13258676 (November 24, 2021) (+)

Non-precedent decision for the USCIS AAO granting SIJS to an over 18 year old minor in Texas where the state court had continuing jurisdiction to issue SIJS findings because the state court retained jurisdiction under Texas law in a case in which an abusive mother was ordered to pay child support and under state law the child support order gave the Texas court continuing jurisdiction over the abused child after they turned 18. The court’s jurisdiction was for the purpose of remedying child abuse and providing the child abuse victim support so SIJS findings issues in the child support case under Texas law were not for the sole purpose of SIJS immigration relief.

Published November 24, 2021 by

Topics:

[pdf] USCIS Policy Alert – Policy Manual Special Immigrant Juvenile Status and Adjustment of Status (June 10, 2022) (+)

USCIS policy alert discussing updates to the SIJS policy manual. Highlights include:

• Confirms that USCIS relies on the expertise of the juvenile court in making child welfare decisions and does not reweigh the evidence to determine if the child was subjected to abuse, neglect, abandonment, or a similar basis under state law.
• Clarifies that in order to consent to the grant of SIJ classification, USCIS must review the juvenile court order(s) and any supplemental evidence submitted by the petitioner to conclude that the request for SIJ classification is bona fide.
• Explains that the evidentiary requirements for DHS consent include the factual basis for the required juvenile court determinations, as well as the relief from parental abuse, neglect, abandonment, or a similar basis under state law granted or recognized by the juvenile court.
• Provides that relief from parental maltreatment may include the court-ordered custodial placement, the court-ordered dependency on the court for the provision of child welfare services, and/or other court-ordered or court-recognized protective or remedial relief.
• Explains that the evidentiary requirements for establishing the age of an SIJ petitioner include a petitioner’s valid birth certificate, official government-issued identification, or any other document that in USCIS’ discretion establishes the petitioner’s age, which may include affidavits or secondary evidence of age.
• Removes marriage as a basis for automatic revocation of the petition for SIJ classification.

Published June 10, 2022 by

Topics:

[pdf] USCIS: Special Immigrant Juvenile Status Classification and Deferred Action (March 7, 2022) (+)

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to consider deferred action (and related employment authorization) for noncitizens with approved Special Immigrant Juveniles Status (SIJS) cases who are ineligible to apply for adjustment of status to lawful permanent resident (LPR) status solely due to visa unavailability.

Published March 7, 2022 by

Topics:

[pdf] USCIS Policy Manual Updates: T Visa Status for Victims of Severe Forms of Trafficking in Persons (October 20, 2021) (+)

Policy Alert describing updates to the T visa section of the USCIS policy manual. Volume 3: Humanitarian Protection and Parole, Part B, Victims of Trafficking https://www.uscis.gov/policy-manual/volume-3-part-b and Volume 9: Waivers and Other Forms of Relief, Part O, Victims of Trafficking https://www.uscis.gov/policy-manual/volume-9-part-o

Published October 29m 2021 by

Topics:

[pdf] Automatic Employment Authorization Document (EAD) Extension (May 4, 2022) (+)

Polices governing automatic extension of work authorization (EAD) for the immigrants and applicants with the follow types of immigration cases. The letters and numbers will be on the immigrants work authorization card: refugees (a)(3); asylees (a)(5); N-8 or N-9 visa holders (brothers, sisters, children and parents of NATO employees) (a)(7); Citizen of Micronesia, Marshall Islands, or Palau (a)(8); granted withholding of deportation or removal (a)(10); Temporary Protected Status (TPS)(a)(12); Spouse of E visa holder (a)(17); L-2 spouse of L-1 visa holder (a)(18); pending asylum application (c)(8); pending lawful permanent residency (adjustment) application (c)(9); applicants for suspension of deportation, cancellation of removal or special rule NACARA cancellation (c)(10); adjustment based on continuous residency since 1972 (c)(16); applicants prima facie eligible for TPS (c)(19); pending I-700 legalization (c)(20); pending I-687 legalization (c)(22); LIFE legalization (c)(24); H-4 spouses of H-1B visa holder (c)(26); and VAWA self-petitioners (c)(31).

Published May 4, 2022 by

Topics:

[pdf] Instructions for Request for a Fee Waiver (I-912) (September 03, 2021) (+)

USCIS Form to be used for waivers in cases of immigrant survivors:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).

Published October 15, 2019 by

Topics: , , ,

[pdf] U Visa Law Enforcement Resource Guide (February 28, 2022) (+)

U Visa Law Enforcement Resource Guide for Certifying Agencies including Judges, law enforcement, prosecutors, Child and Adult protective services, federal and state Departments of Labor and other state, local and federal government agencies.
USCIS, the federal agency tasked with the adjudication of U visa petitions, announces today the publication of an updated U Visa Law Enforcement Resource Guide. This guide provides certifying officials, including law enforcement, with best practices for the U visa certification process, emphasizes that completing the Supplement B is consistent with a victim-centered approach, and clarifies the roles and responsibilities of certifying agencies in the U visa program.
Highlights of the guide include:
• The U visa law enforcement certification process;
• Best practices for certifying agencies;
• U Visa Quick Reference Guide;
• Outline of the U visa adjudication process;
• Responses to frequently asked questions; and
• Additional resources for certifying agencies and officials, including information for other DHS personnel on U visas.

Published February 28, 2022 by ,

Topics:

[pdf] Special Immigrant Juvenile Status (SIJS) Regulations Final Rule Federal Register (March 8, 2022) (+)

U.S. Citizenship and Immigration Services published final rule governing Special Immigrant Juvenile Status cases, filings, adjudications and access to lawful permanent residency for SIJS children. These rules incorporate statutory changes made since issuance of the prior rule and clarify eligibility requirements. Incorporates statutory amendments from The Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103-416, 108 Stat. 4319 (Jan. 25, 1994); The Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (CJS 1998 Appropriations Act), Pub. L. 105-119, 111 Stat. 2440 (Nov. 26, 1997); The Violence Against Women and Department of Justice Reauthorization Act
of 2005 (VAWA 2005), Pub. L. 109-162, 119 Stat. 2960 (Jan. 5, 2006); and The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA 2008), Pub. L. 110-457, 112 Stat. 5044 (Dec. 23, 2008).

Published March 8, 2022 by

Topics:

[pdf] USCIS VAWA Self-Petitions Policy Manual (February 10, 2022) (+)

USCIS published this policy guidance governing VAWA self-petition adjudications. This is a pdf word searchable download of the full VAWA self-petitioning chapter of the policy manual with all of its subparts. This version is current as of February 10, 2022. For the most up-to-date version and working hyperlinks see the on-line version at https://www.uscis.gov/policy-manual/volume-3-part-d

Published February 10, 2022 by

Topics:

[pdf] T Visa Law Enforcement Resource Guide (+)

This T Visa Law Enforcement Resource Guide is intended for federal, state, local, Tribal and territorial law enforcement, prosecutors, judges and other government agencies who are authorized to sign T visa declarations. This standalone resource guide on T visas for certifying agencies. It provides information on eligibility requirements for immigrant victims, best practices for certifying […]

Published November 29, 2021 by , ,

Topics: , ,

View other materials in

[pdf] Pages 76-78 FOIA Response 2017 Standard Operating Procedures for USCIS District Offices Handling of Interviews in VAWA Self-Petition Adjustments and Battered Spouse Waiver Cases (June 29. 2011) (+)

The standard operating procedure discusses how VAWA immigration cases and interviews are to be handled at USCIS District offices for Battered Spouse Waivers cases and VAWA Self-Petitions adjustment of status to lawful permanent residency.

Published June 29. 2011 by

Topics: ,

[pdf] Pages 62-67 FOIA BSW Response RFEs and Any Credible Evidence (October 16, 2014) (+)

Memos and emails spelling out the approach to requests for further evidence that should be used by USCIS field offices in their adjudications of battered spouse waiver cases. These also address the VAWA any credible evidence rules application in battered spouse waiver cases.

Published October 16, 2014 by

Topics: , ,

[pdf] Pages 2-37 FOIA Battered Spouse Waiver Response 2017 District Office Training (2014) (+)

District field office training of officers that adjudicate interviews in VAWA self-petitioner adjustments of status to lawful permanent residency and battered spouse waiver cases. The training covers fraud detection at the VAWA Unit, VAWA confidentiality protections, VAWA unit training and data, requirements of I-485 interviews based on approved VAWA self-petitions, procedures that are to be followed if the District office wants to return a case to the VAWA Unit for revocation or further investigation, Common errors in return often stemming from District Officers following outdated regulations and not the statutory changes.

Published 2014 by

Topics: , ,

[pdf] FOIA USCIS Response to NIWAP’s FOIA on Battered Spouse Waiver Cases and Case Processing (August 25, 2017) (+)

This FOIA response discusses the application of VAWA confidentiality protections to battered spouse waiver and all VAWA cases; provides slides used to train on VAWA confidentiality and the rules that apply to district office staff adjudicating battered spouse waivers and VAWA adjustments of status applications for lawful permanent residency. These slides highlight the types of evidence that adjudicators cannot rely upon that come from the abuser under VAWA confidentiality law. It also discusses how many of the cases returned to the VAWA unit from district offices stems from reliance on regulations that were later overruled by subsequent VAWA statutes and have not been updated and highlight common returns that are errors. The training includes a copy of the 4.11.08 memo on adjustment of status for VAWA self-petitioners who are present without inspection. There are also documents discussing VAWA’s amendments designed to allow VAWA self-petitioners to remarry and the USCIS position on narrow implementation of the remarriage provisions. The materials provided in response to the FOIA provide detailed information in the form of emails, policies, and trainings warning adjudicators to not rely on perpetrator provided information in adjudicating VAWA self-petitions, adjustments or battered spouse waiver cases with good examples of the types of evidence that must be avoided, including not relying on perpetrator provided information in marriage based visa interviews. The policy discussing referrals from District offices for revocations for self-petitions is discussed. The response also included the memo on the 2 year custody and 2 year residency and custody exceptions for abused adopted children. Pages 1-57 of this FIOA response contain information applies primarily to VAWA self-petition or cases of abused adopted children.

Page 58 (Electronic page 72) of the response appears to be a check list of the types of evidence that may be fraud indicators or raise questions or lead to a request for further evidence (RFE) this appears to be self-petition related and it is not clear the extent to which it relates to battered spouse waiver cases.

Pages 59-61 and pp 88-91 directly related to battered spouse adjudications and provide direction on how District Office adjudicators are to respond when at an interview for a jointly filed request to remove conditions a battered spouse/child request to file a battered spouse waiver. These communications recognize the VAWA confidentiality implications in processing these requests. Pages 70-73 provide the formal interim process from changing from a joint petition to a battered spouse waiver.

Pages 62 -67, also provided on pages 82-87. Directly discuss battered spouse waiver adjudications with VAWA Unit staff providing examples the types of questions VAWA unit trained staff use in requests for further evidence (RFE) on the following topic proof of: extreme cruelty; battering (physical abuse); good faith marriage, residence with abusive spouse/parent. There is also included RFE language describing that marital tensions are not necessarily abuse. The materials also describe the three main reasons why battered spouse waiver adjudicators send cases to an interview at a field office. Any credible evidence rules are described and an explanation of Battering or Extreme Cruelty from Chapter 25 of the Adjudicators Field Manual is included. Page 92 also addresses similar issues.

Pages 76-78 set out the standard operating procedures (S)OP) used by District offices processing VAWA cases addressing both battered spouse waiver cases and VAWA self-petitions adjustments of status to lawful permanent residency. The SOP discusses interviews, the timing of interviews and the involvement of supervisors. It also discusses having a VAWA Point of Contact at the field office and their role. This SOP recognizes that some VAWA cases will be identified during an interview and any such cases are to be referred to the VAWA POC in the field office. This policy took effect August 1, 2011.

Pages 79-81 discuss the creation of the “384” code of admission notifying DHS staff that a case has VAWA confidentiality protection. It is interesting to note that no mention of battered spouse waivers are a case type is included in these communications despite VAWA 2005 defining battered spouse waivers as VAWA self-petitioners.

Published August 25, 2017 by

Topics: , , ,

[pdf] USCIS Website I-751Petition to Remove Conditions on Residence (September 17, 2020) (+)

This USCIS webpage discusses where to file a battered spouse waiver application or other application to remove conditions on an immigrant spouse’s residency. This includes lists of recommended evidence. Note that in battered spouse waiver cases due to VAWA’s any credible evidence rules no specific types on information can be required.

Published September 17, 2020 by

Topics:

[pdf] USCIS, Response to USICS Ombudsman Formal Recommendation 56, “Improving the Process for Removal of Conditions on Residence for Spouses and Children” (July 10, 2013) (+)

USCIS Deputy Director’s Response to Ombudsman recommendations that would improve the processing of requests by spouses of U.S. citizens including battered spouse waiver cases on applications to provide full lawful permanent residency to spouse of U.S. citizens.

Published July 10, 2013 by

Topics:

[pdf] USCIS Adjudicator’s Field Manuel Chapter 25 Petitions for Removal of Conditions on Conditional Residence (September 22, 2009) (+)

This manual details how Congress amended the Marriage Fraud Act in 1990 and provided a means for battered spouses to escape their abusive spouses. This was a result of the original Immigration Marriage Fraud Amendments, which required a two-year marriage requirement before being able to obtain lawful status.

Published September 22, 2009 by

Topics: ,

[pdf] USCIS Policy Manual Chapter 5 – Requests to Expedite Applications or Petitions (October 1, 2021) (+)

USCIS issued updated criteria for expediting adjudication of applications and petitions with its most recent update October 1, 2021. This policy can be helpful in cases of immigrant crime victims with pending VAWA self-petitions, U visa or T visa cases when the victim is detained or there is case pending before an immigration judge in which there is a date for a merits hearing set and the victim needs to have their VAWA, T or U visa case adjudication expedited so as to have a decision on that case before the victim has to appear in immigration court for a merits hearing. Importantly the new expedite criteria explicitly lists safety of the victim due to VAWA confidentiality violations as an emergency or urgent humanitarian basis for an expedite requests. Requests to expedite can be filed by attorneys for the victim including when ICE is also authorized to file expedite requests for victims in removal proceedings and with final orders of removal.

Published October 1, 2021 by

Topics: , ,

[pdf] I-134 Affidavit of Support Instructions (February 13, 2019) (+)

These instruction are for the Forn-134 Affidavit of Support. After December 19, 1997 this form can no longer be used by U.S. Citizens or lawful permanent residents sponsoring family members for lawful permanent residency and form I-864 must be used for this purpose. The I-134 continues to be available for limited purposes which include use by an immigrant who needs a sponsor in order to avoid being found inadmissible to the United States on public charge grounds. It is also important to note that the form I-134 was used by citizens and lawful permanent residents to sponsor spouses and children prior to December 19, 1997 after which the Form I-864 was required instead of the I-134. Thus, judges and family lawyers who encounter affidavits of support in divorce cases will see I-134 Affidavits of support in cases involving marriages prior to December 1997. Comparing this instruction form with the instructions for form I-864 will provide useful information for Affidavit of Support enforcement purposes and evidentiary purposes in spousal and child support cases.

Published February 13, 2019 by

Topics:

[pdf] USCIS U Visa Report Technical Appendix (2020) (+)

USCIS published this technical appendix to accompany the series of U visa reports it published in 2020. The reports are: USCIS U Visa Report: U Visa Filing Trends (April 2020) https://niwaplibrary.wcl.american.edu/pubs/u-visa-filing-trends; USCIS: Trends in U Visa Law Enforcement Certifications, Qualifying Crimes and Evidence of Helpfulness (July 2020) https://niwaplibrary.wcl.american.edu/pubs/u_visa_lea-certs-report; USCIS: U Visa Demographics: U Visa Report (March 2020) https://niwaplibrary.wcl.american.edu/pubs/uscis-u-visa-demographics; and USCIS Arrest Histories of U Visa Petitioners (April 2020) https://niwaplibrary.wcl.american.edu/pubs/uscis-u-visa-victim-arrest-histories

Published 2020 by

Topics:

[pdf] USCIS Fee Schedule (G-1055) (October 19,2020) (+)

This document confirms that there are no fees required for filing the VAWA self-petition, the U visa or the T visa applications. However some forms that victims may need to file related to these case types have fees associated with them and as the instructions to the USCIS Fee Waiver form indicate victims eligible for fee waivers may apply for waivers of the fees associated with the following forms:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).

Published October 19,2020 by

Topics: , , ,

[pdf] USCIS Requests for Evidence and Notices of Intent to Deny PM-602-0085 (June 3, 2013) (+)

This policy memo governed adjudication of immigration relief benefits by USCIS and required the issuance of requests for further evidence and notices of intent to deny giving applicants an opportunity to supplement the record and address concerns prior to the denial of their immigration case. The policy was updated 7/13/18 https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-for-certain-requests-for-evidence-and-notices-of-intent-to-deny and the notice of the updates contains a useful explanation of the practice that has been historically used by USCIS to adjudicate cases.

Published June 3, 2013 by

Topics:

[pdf] USCIS U Visa Resource Guide 2019 – Annotated (August 10, 2019) (+)

Includes annotations identifying where the resource guide differs from U visa regulations, regulations preamble and the U visa statute. In this l2019 guide USICS attempted to overrule the prior resource guide on U and T visas that was issued by DHS Headquarters. There remains a debate within DHS as to the whether USCIS could as a matter of law overrule the DHS U and T Resource Guide issued by DHS Headquarters. For training purposes best practices are to continue to treat the 2015 DHS U and T Resource Guide as still having full force and effect in addition to this USCIS resource guide. The statue and regulations and regulations preamble regulatory history take precedence over this USCIS guide where the information contained in this guide differs or is inconsistent with the law and regulations.

Published August 10, 2019 by ,

Topics:

[pdf] USCIS Arrest Histories of U Visa Petitioners (April 2020) (+)

Report by USCIS documenting the low rates at which U visa applicants and their family members have histories of criminal arrests. The report discusses arrests of U visa victims that include stops by DHS officials for immigration violations which for this group of mostly undocumented victims at higher rates than any other form of criminal history.

Published April 2020 by

Topics:

View other materials in

[pdf] USCIS Draft Form I-485SuppC- HRIFA (October 5, 2015) (+)

Draft Supplement to the application for adjustment of status to lawful permanent residence that was to be used for HRIFA (Haitian Refugee Immigration Fairness Act) applications including VAWA HRIFA. Has useful information is referred to on the USCIS website as of 4/21/20 as a resource. However, no final published version is available. Has useful information.

Published October 5, 2015 by

Topics:

[pdf] Immigration Options for Victims of Crimes (+)

Produced by the U.S. Department of Homeland Security covering Violence Against Women Act self-petitions, U visas and T visas. Information on Special Immigrant Juvenile Status and Deferred Action for Childhood Arrivals has been added by the National Immigrant Women’s Advocacy Project, American University, Washington College of Law. Downloadable one page (two sided brochure) available in English, Spanish, Russian, Korean, and Chinese.

Published June 30, 2011 by

Topics: , , , , , , , , , , ,

Part of: ,