This memo provides guidance on the adjudication of requests for a Stay of a Final Order of Removal by victims with pending U-visa applications. The memo authorizes DHS to grant Stays of Removals to U-visa applicants with prima facie eligibility for the visa. The memo also explains that Field Office Directors (FOD) should favorably view a request for a Stay of Removal if USCIS has determined that the applicant has established prima facie eligibility for a U-visa. The Field Office Directors should also favorably consider any humanitarian factors related to the applicant or the applicant’s family who rely on the applicant for support.
The memo also explains that a Stay of Removal based on a pending U-visa application is not appropriate when: (1) USCIS has determined the applicant does not have prima facie eligibility for a U-visa; (2) USCIS denied the U-visa application on the merits; or (3) serious adverse factors outweigh the gran of a Stay of Removal. Serious adverse factors include national security concerns, evidence the applicant violates human rights, evidence the applicant has engaged in significant immigration fraud, evidence the applicant has a significant criminal history, and any major public safety concerns.
The memo provides a procedure for Field Office Directors when they receive an applicant’s request for a Stay of Removal, if USCIS determines the applicant has prima facie eligibility for a U-visa, then the Field Office Directors and Office of Chief Counsel will adjudicate the request. Absent any serious adverse factors, the request for a Stay of Removal should be granted.