Instructions for Form I-918 Supplement B, U Nonimmigrant Status Certification. (New Form December, 2021)
Topic: Immigration
Materials and best practices regarding immigration.
Narrow your search:
- Asylum
- VAWA Self-Petition
- DACA
- Battered Spouse Waiver
- U Visa and Immigrant Crime Victims
- T Visa & Human Trafficking
- Special Immigrant Juvenile Status (SIJS)
- Board of Immigration Appeals and Immigration Judges
- Any Credible Evidence
- Children Status Protection Act
- Defense of Marriage Act
- Enforcement and Detention
- International Marriage Broker Regulation Act
- Lawful Permanent Residency and Naturalization
- Screening, Checklists, and Comparison of Immigration Relief
- State Immigration Legislation
- Student Visas
- VAWA Cancellation & Suspension
- Work Authorization
- VAWA NACARA
- VAWA Cuban Adjustment Act
- VAWA HRIFA
- Eligibility of Visa Holders' Spouses for Work Authorization
- Trafficking Victims Protection Act
- Visa Holder Abused Spouses
- Index of Significant Training Materials on Immigration Relief for Immigrant Crime Victims and Children
- Index of Significant U and T Visa Training Materials
- VAWA NACARA
- Humanitarian Parole
- Gender-Based Persecution
- DV Victim Waiver
[pdf] Form I-918 Supplement B: U Nonimmigrant Status Certification (December, 2021) (+)
In March of 2017 United States Citizenship and Immigration Services released a new U Visa Certification Form for to be used by law enforcement, prosecutors, judges, commissioners, magistrates, the EEOC, the Department of Labor and other U visa certifying agencies. Form I-918 Supplement B: U Nonimmigrant Status Certification
[pdf] Form I-918 Supplement A: Petition for Qualifying Family Member of U-1 Recipient (March 2017) (+)
Form I-918 Supplement A: Petition for Qualifying Family Member of U-1 Recipient (March 2017)
[pdf] Form I-918: Petition for U Nonimmigrant Status (+)
Blank Sample Form I-918: Petition for U Nonimmigrant Status
[pdf] Instructions for Form I-918 Petition for U Nonimmigrant Status (+)
Instructions for Form I-918 Petition for U Nonimmigrant Status
[pdf] WHO Ethical and Safety Recommendations For Interviewing Trafficked Women (+)
These recommendations provide a set of ten basic standards for interviewing women who are in or have left a trafficking situation. The significance of each issue is explained and examples are offered of how, in practice, each can be addressed. The recommendations should not be taken as a comprehensive guide to working with women who have been trafficked.
[pdf] Barriers and Successes in U Visas for Immigrant Victims: The Experiences of Legal Assistance for Victims Grantees (July 23, 2014) (+)
The paper focuses on problems, successes, and creative solutions reported by attorneys and advocates working with immigrant victims eligible to receive crime victim U visas under federal immigration laws. Victims applying for U visa immigration relief must, under current law, submit a U visa certification signed by the head of a law enforcement agency, prosecutor, judge, or other government official with their U visa application. This research provides information regarding effective strategies and best practices used by grantees that are successful in obtaining U visa certification. The systemic barriers that immigrant victims and their advocates encounter when working with U visa are also discussed, along with creative solutions grantees are using to overcome these barriers.
[pdf] Human Trafficking PowerPoint (+)
Learning Objectives: Begin to identify individuals who may be trafficked;Develop interviewing and trust-building techniques to work with trafficking victims;Take steps to expand your organization’s services and/or collaboration to serve trafficking victims;Learn effective strategies for collaboration with law enforcement and other systems to assist victims.
[pdf] Lieutenant Chris Cole: Statement in Support of U Visas, T Visas, and VAWA Self-Petitions (+)
Lieutenant Chris Cole, Storm Lake, Iowa Police Department, Statement in Support of U Visas, T Visas, and VAWA Self-Petitions
[pdf] Police Captain Maria Alvarenga-Watkins: Statement of Support of U Visas, T Visas, and VAWA Self-Petitions (+)
Police Captain Maria Alvarenga-Watkins, D.C. Metropolitan Police Department (Retired) Statement in Support of U Visas, T Visas, and VAWA Self-Petitions.
[pdf] Officer Michael P. LaRiviere: Statement in Support of U Visas, T Visas, and VAWA Self-Petitions (+)
Officer Michael P. LaRiviere: Statement in Support of U Visas, T Visas, and VAWA Self-Petitions.
[pdf] Chief Pete Helein (Retired): Statement in Support of U Visas, T Visas, and VAWA Self-Petitions (+)
Chief Pete Helein (Retired): Statement in Support of U Visas, T Visas, and VAWA Self-Petitions.
[pdf] Sergeant Inspector Antonio Flores: Statement in Support of U-Visas, T-Visas, and VAWA Self-Petitions (+)
Sergeant Inspector Antonio Flores, San Francisco Police Department, Statement in Support of U-Visas, T-Visas, and VAWA Self-Petitions
[pdf] Meeting the Legal Needs of Human Trafficking Victims: An Introduction for Domestic Violence Attorneys & Advocates (+)
This publication was developed as part of a collaborative effort by several American Bar Association entities aiming to provide attorneys with leadership and training to better represent victims of human trafficking.
[pdf] The U-Visa: An Important Tool for Community Policing (+)
Newsletter aimed towards law enforcement about the U-visa as a tool to help build police build a bridge tot eh neighborhoods they serve and solve crimes in.
[pdf] Report Card on State Action to Combat International Trafficking (+)
A state-by-state analysis of state legislatures’ efforts to confront international trafficking of women and girls into the United States.
[pdf] U Nonimmigrant Visas for Victims of Criminal Activity (+)
Department of State reference document that can provide guidance about processing nonimmigrant visas in the U category.
[pdf] Questions for CIS Regarding U Visas (+)
Frequently asked questions about U visas.
[pdf] Guidance on Adjudicating Stay Requests Filed by U Nonimmigrant Status (+)
US Immigration and Customs Enforcement Memorandum providing guidance to the ICE Office of Detention and Removal Operations Directors about factors to consider when adjudicating requests for a Stay of a Final Administrative Order of Removal filed by an alien with a pending petition for U nonimmgrant status (U-Visa).
[pdf] Field Adjudicators Manual: New Classification for Victims of Criminal Activity – Eligibility for “U” Nonimmigrant (+)
USCIS Memorandum to provide guidance to USCIS officers regarding eligibility requirements and procedures under the new nonimmigrant classification created by the Victims of Trafficking and Violence Protection Act of 2000.
[pdf] Fact Sheet: Certifying U Nonimmigrant status (+)
Fact sheet on certifying U nonimmigrant status using the I-918 form and supplement B. An alien victim of criminal activity may file for U Nonimmigrant Status – status set aside for victims of crimes who have suffered substantial mental or physical abuse because of the activity and who also are willing to assist law enforcement agencies or government officials in the investigation of that activity.
[pdf] Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (+)
Policy memorandum authorizing the Vermont Service Center to approve an Application to Extend/Change Nonimmigrant Status (Form I-539) to extend U nonimmigrant status for a derivative family member whose initial period of stay is for less than four years.
[pdf] EEOC Procedures for U Nonimmigrant Classification Certification (+)
Memorandum discussing Equal Employment Opportunity Commission’s procedures for processing requests to certify U visa petitions.
[pdf] Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) Policy (+)
DOJ Memorandum giving instructions providing interim guidance to INS relating to VTVPA. Establishes interim procedures while regulations implementing T and U visa status are being promulgated by INS.
[pdf] Centralization of Interim Relief for U Non-Immigrant Status Application (+)
Memorandum establishing the Vermont Service Center as the centralized location for processing requests for interim relief for applicants for U nonimmigrant status.
[pdf] Fact Sheet: Impact of the Supreme Court Decision on Georgia’s Illegal Immigrant Reform and Enforcement Act of 2011 (+)
Fact sheet on the effect of the Supreme Court decision ruling that Georgia’s Illegal Immigrant Reform and Enforcement Act of 2011 to be unconstitutional.
[pdf] Summary of Select State Legislation with Provisions Relating to Immigration (+)
Summary of Arizona, Georgia, South Carolina, Utah, Indiana, and Alabama’s immigration legislation.
[pdf] Summary and Analysis of State Immigration Legislation (+)
Summary and analysis of Arizona, Alabama, Indiana, Georgia, and South Carolina’s immigration legislation.
[pdf] Remedies for Youth, Adolescents, and Young Adult Victims (+)
Power point presentation aimed to train advocates and professionals to better identify different forms of immigration relief available to immigrant youth, understand differences and advantages between victim based immigration remedies for immigrant youth, and to obtain orders from family courts that are either required or helpful for immigration cases filed by immigrant children.
[pdf] Intersection Between Victim Based Immigration Remedies: Advantages, Special Considerations and Protections to Meet the Survivors Needs (+)
Power point presentation aimed to train individuals to better be able to identify survivors of domestic violence and violent crimes and to understand the differences and advantages between the different victim based immigration remedies.
[pdf] Chapter 06: Introduction to Immigrant Relief for Immigration Victims of Sexual Assault and Glossary of Terms (+)
Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to help advocates and attorneys identify the various forms of immigration relief that may be available to help immigrant victims of sexual assault. Victims of sexual assault may qualify for forms of immigration relief based on their victimization by a family member who is a citizen or lawful permanent resident, they may qualify for other forms of relief based on victimization by a non-family member, and/or they may qualify for other legal immigration status wholly unrelated to the abuse or victimization (e.g. student visas, work visas).
[pdf] Comparison Chart of VAWA and U visa Immigration Relief (+)
Comparison Chart of VAWA and U visa Immigration Relief.
[pdf] USCIS Memorandum: Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a) of the Immigration and Nationality Act (January 27, 2005) (+)
USCIS Memorandum modifying a previous policy memorandum entitled, “Instructions Regarding the Expanded Meaning of Section 319(a)” to clarify that individuals who obtained lawful permanent residence by reason of an approved waiver of the joint filing requirement under section 216(c)(4)(C) of the INA are also eligible to apply for naturalization.
[pdf] William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008: Changes to T and U Nonimmigrant Status and Adjustment of Status Provisions (+)
USCIS Policy Memorandum to inform immigration services officers who adjudicate petitions for T and U non-immigrant status and related applications for adjustment of status about new legislation affecting the T and U non-immigrant programs.
[pdf] Summary of U Adjustment Regulations (+)
Summary of U-Visa Adjustment regulations in order to amplify reading of the regulations and statute.
[pdf] T Visa and U Visa Adjustment to Lawful Permanent Residency Regulations (December 12, 2008) (+)
The Department of Homeland Security is amending its regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident. This rule provides that family members of a principal T or U nonimmigrant granted or seeking adjustment of status may also apply for adjustment of status to lawful permanent resident. This rule also
provides for adjustment of status or approval of an immigrant petition for certain family members of U applicants who were never admitted to the United States in U nonimmigrant status.
[pdf] Fact Sheet on USCIS’ New Rule for Non-Immigrant Victims of Human Trafficking and Specified Criminal Activity (+)
Congress created the “T” and “U” nonimmigrant classifications with passage of the Victims of Trafficking and Violence Protection Act in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of persons and other crimes while, at the same time, offering protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve immigrant crime victims.
[pdf] Disclosure of Certain Information Relating to Criminal Histories of Petitioners to Potential Visa Beneficiaries (+)
USCIS memorandum to provide itnerim guidance to adjudicators regarding when it may be appropriate to disclose certain information relating to a visa petitioner’s criminal history involving violence or sexual offenses to potential visa beneficiaries.
[pdf] Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa (+)
Fact sheet explaining domestic violence and information of the legal rights in the United States for survivors of domestic violence. Also provide information on the International Marriage Broker Regulation Act (IMBRA), which requires that the U.S. Government provide foreign fiancé(e)s and spouses immigrating to the United States with information about their legal rights as well as about the criminal or domestic violence histories of their U.S. citizen fiancé(e)s and spouses.
[pdf] Out-of-Town Brides: International Marriage and Wife Abuse among Chinese Immigrants (+)
This paper attempts to provide a cross-cultural theoretical framework for the understanding of wife abuse among Chinese immigrants in the U.S. and examines the legal and social aspects of international marriages, gender inequality, and exploitation of women in a male-dominated society.
[pdf] Governmental and Industry Roles and Responsibilities with Regard to International Marriage Brokers: Equalizing the Balance of Power Between Foreign Fiances and Spouses (+)
Journal article detailing the unregulated nature of the international marriage broker (IMB) industry and how it can endanger women. This article (a) provides an overview of the contemporary IMB industry, including a discussion of reasons underlying women’s choices to use IMB agencies to meet and marry U.S.-based spouses, (b) discusses how this industry’s marketing of marriages potentially endangers many women recruits, and (c) offers an update and analysis of new provisions under U.S. immigration law that strengthen protections available for women who immigrate as fiancés and spouses of U.S. citizens.
[pdf] International Marriage Broker Regulation Act Implementation Guidance (+)
USCIS Inter-office memorandum to provide guidance to USCIS officers in the field regarding the new amendments made by IMBRA to sections 214(d) and 214 (r) of the INA.
[pdf] International Marriage Broker Regulation Act of 2005: Agencies Have Implemented Some, but Not All of the Act’s Requirements (+)
This report addresses the extent to which the U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS); the Department of State (DOS); and the Department of Justice (DOJ) have implemented IMBRA, and the extent to which USCIS and DOS have collected and maintained data for this GAO report as required by IMBRA. To address these objectives, GAO reviewed the act and related legislation, analyzed IMBRA implementation guidance and available data on applications filed, and interviewed officials at USCIS, DOS, and DOJ.
[pdf] International Matchmaking Organizations: A Report to Congress (+)
This report is in response to the Congressional request under Section 652 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) that the Attorney General, in consultation with the Commissioner of the Immigration and Naturalization Service (INS) and the Director of the Violence Against Women Office at the Department of Justice, conduct a study of mail-order marriages. The report includes a review of INS records for quantitative data as to the number of marriages facilitated by international matchmaking businesses as well as evidence of domestic violence or marriage fraud in the petitionable relationships which result between U.S. citizens (USCs) or lawful permanent residents (LPRs) and the foreign-born women recruited by these companies. The report also contains a literature review of related topics.
[pdf] Bond Issues in Criminal Proceedings for Non-Citizens and Non-Citizen Victims (+)
List of issues to include in criminal case bond conditions, for which immigration status is an issue.
[pdf] Immigration Enforcement: Better Controls Need over Program Authorizing State and Local Enforcement of Federal Immigration Law (+)
Government Accountability Office performance audit on the authorization of state and local enforcement of federal immigration law from September 2007 through January 2009.
[pdf] DHS Plan to Provide Training to State and Local Law Enforcement in the Secure Communities Program (+)
Overview of the DHS Office for Civil Rights and Civil Liberties (CRCL) and U.S. Immigration and Customs Enforcement (ICE) series of training /awareness briefings designed primarily for use by front line state and local law enforcement agency (LEA) personnel during daily muster/roll call briefings.
[pdf] The Performance of 287(g) Agreements (+)
This DHS report addresses the performance of 287(g) agreements between Immigration and Customs Enforcement and state and local law enforcement agencies. It is based on interviews with employees and officials of relevant agencies and institutions, direct observations, and a review of applicable documents.
[pdf] Reducing the Cost of Telephones Service for the Families of Inmates and Detainees (+)
Reducing the Cost of Telephones Service for the Families of Inmates and Detainees
[pdf] Chart of Deferred Action for Childhood Arrivals Process (+)
Chart of the number of individuals who have filed for deferred action for childhood arrivals between August 15 to December 13, 2012.
[pdf] Sample Letter of Request for Consideration of Deferred Action for Childhood Arrivals (+)
A sample letter simulating a request for consideration of deferred action for a childhood arrival. Enclose are Form G-28, Form G-1145, Form I-821D, Forms I-7665 & I-765WS, sample money order, sample passport photos, sample Tabs A-H documentation for eligibility.
[pdf] Sample Letter of Biometric Data Appointment Notice (+)
Sample letter simulating an appointment notice for biometric data collection.
[pdf] Sample Letter of DACA Termination of Represenation and Closing Letter (+)
Sample letter simulating approval of I-821D Deferred Action for Childhood Arrivals (DACA) request and your I-765 Application for Employment Authorization
[pdf] Presentation on Deferred Action for Childhood Arrivals (+)
Power point presentation intended for volunteers at Legal Aid Society application assistance events.
[pdf] Deferred Action: What Evidence Should Be Gathered? (+)
Since President Obama announced the Deferred Action program for certain undocumented
youth, we have fielded many questions about how to apply. You can begin to gather the types
of documents that will serve as evidence in your application.
[pdf] Flowchart for Determining Eligibility for Deferred Action for Childhood Arrivals (+)
Flowchart for Determining Eligibility for Deferred Action for Childhood Arrivals
[pdf] Beyond Deferred Action: Long-Term Immigration Remedies Every DREAMer Should Know About (+)
A self-assessment guide for six remedies as well as information about how they work. We hope that this guide will help get information to DREAMers considering Deferred Action, and beyond that to other family members and friends, including younger siblings.
[pdf] U Update: Cap Queue and DACA Derivatives Practice Pointers (+)
Frequently asked questions about the U Visa cap queue and DACA derivatives pracitces.
[pdf] Department of Homeland Security: Civil Rights Complaint Form (+)
The purpose of this form is to assist you in filing a civil rights/civil liberties complaint with the Department of Homeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL) regarding DHS programs and activities. This form is not intended to be used for complaints about employment with DHS. You are not required to use this form to file a complaint; a letter with the same information is sufficient. However, if you file a complaint by letter, you should include the same information that is requested in the form.
[pdf] Practice Advisory: Deferred Action for Childhood Arrivals (+)
Practice advisory aimed towards attorneys and issued by American Immigration Council, National Immigration Project, and American Immigration Lawyers Association regarding general information, eligibility criteria, procedure, employment eligibility, etc. for individuals under DACA.
[pdf] Deferred Action for DREAMers: Overview of the Process and Frequently Asked Questions (+)
Frequently asked questions and summary of eligibility and benefits on Deferred Action for DREAMers.
[pdf] Deferred Action and Travel Outside the United States (+)
Frequently asked questions about deferred action and travel outside the United States.
[pdf] Exclusion of People Granted “Deferred Action for Childhood Arrivals” from Affordable Health Care (+)
General FAQ’s regarding the healthcare restrictions on individuals granted DACA released by the Obama Administration on August 28, 2012.
[pdf] Deferred Action and Public Health Insurance (+)
Individuals who came to the United States as children may be eligible for public health insurance in New York State after applying for Deferred Action.
[pdf] Guidelines for Identifying Humanitarian Concerns Among Administrative Arrestees When Conducting Worksite Enforcement Operations (+)
Cover letter and policy regarding addressing humanitarian concerns regarding nursing mothers, pregnant women, and mothers who are primary caretakers of children during worksite enforcement actions and the considerations for humanitarian release.
[pdf] ICE Announces Improvements to Secure Communities Program (+)
News release by U.S. Immigration and Customs Enforcement (ICE) announcing key improvements to the Secure Communities program; which focuses on targeting those that pose the greatest risk to communities.
[pdf] Map of ICE Operational Areas of Responsibility (+)
Map and chart of U.S. Immigration and Customs Enforcement operational areas of responsibility and offices.
[pdf] Clarification of Existing Practices Related to Certain Health Care Information (+)
ICE Memorandum explaining Immigration and Customs Enforcement civil immigration enforcement policy regarding information concerning individuals and members of their household obtained during the eligibility determination process for such coverage under ACA and SSA.
[pdf] ICE Detainers: Frequently Asked Questions (+)
ICE Detainers: Frequently Asked Questions
[pdf] Memorandum on Nursing Mothers & Primary Caretaker (February 7, 2008) (+)
Letter from Susan M. Cullen, Office Policy Director at the U.S. Department of Homeland Security, regarding inquiries on ICE’s detention policies towards nursing mothers.
[pdf] Memorandum on Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribunal Criminal Justice Systems (+)
This memorandum has been superseded by Jeh Johnson, Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants (November 20, 2014).
[pdf] Form for Consideration of Deferred Action for Childhood Arrivals (+)
Form for Consideration of Deferred Action for Childhood Arrivals
[pdf] Instructions for Form I-765: Application for Employment Authorization (+)
Instructions from USCIS in filling out the I-765 Application for Employment Authorization.
[pdf] Form G-1145: E-Notification of Application/Petition Acceptance (+)
When you file an immigration form at one of the three U.S. Citizenship and Immigration Services Lockbox facilities, you will have the option to receive an e-mail and/or text message informing you the USCIS has accepted your application or petition.
[pdf] Prosecutorial Discretion Guidelines (+)
Fact Sheet on Prosecutorial Discretion by the INS.
[pdf] Immigration Update: Maximizing Public Safety and Better Focusing Resources (+)
Press release by the Obama Administration on the efforts and resources of the Executive Branch on immigration reform; emphasizing public security, immigration enforcement, and the focusing of resources on the removal of those convicted of crimes in the US.
[pdf] Removals Involving Parents of United States Citizen Children (+)
DHS report as one of a series of audit, inspection, and special reports prepared as part of our oversight responsibilities to promote economy, efficiency, and effectiveness within the department. This report addresses the number of instances over the past 10 years in which the illegal alien parent of a United States citizen child was removed from the country. It is based on interviews with employees and officials of relevant agencies and institutions and a review of applicable documents.
[pdf] Letter to Immigrant Women Program from U.S. Immigration and Customs Enforcement Regarding “Rights and Options for Battered Immigrant, Migrant, and Refugee Women and Immigrant Women Who Met Their Spouses Through International Matchmaking Agencies.” (+)
Letter to Immigrant Women Program from U.S. Immigration and Customs Enforcement regarding Legal Momentum’s draft booklet entitled: “Rights and Options for Battered Immigrant, Migrant, and Refugee Women and Immigrant Women Who Met Their Spouses Through International Matchmaking Agencies.”
[pdf] Memorandum discussing INS Exercise of Prosecutorial Discretion (+)
This memorandum sets out the legal basis upon which, the Immigration and Naturalization (INS) may exercise prosecutorial discretion in its enforcement activities, including placing aliens in removal proceedings by serving them with Notices to Appear (NTAs). The structure of this memorandum is a series of questions and answers about prosecutorial discretion and the application of the doctrine in INS operations.
[pdf] Executive Summary: Blue Campaign Stakeholder Meeting with Senior Counselor Alice Hill (+)
On December 10, 2010, Alice Hill, Senior Counselor to the Secretary of Homeland Security, hosted a meeting with stakeholders in the fight against human trafficking. The meeting was the second stakeholder meeting of the DHS Blue Campaign to combat human trafficking, launched in July of 2010. The Blue Campaign’s mission is “To harness the authorities and resources of the Department of Homeland Security to deter human trafficking by increasing awareness, protecting victims, and contributing to a robust criminal justice response.” The meeting focused on current projects of the Blue Campaign as well as future deliverables. Invitees included representatives from throughout the federal government, state and local law enforcement, non-governmental organizations, foreign governments, the United States Congress, the private sector, and the general public.
[pdf] Fact Sheet on 2009 Immigration Detention Reforms (+)
Assistant Secretary John Morton announced substantial steps, effective immediately, to overhaul the immigration detention system. These reforms will address the vast majority of complaints about our immigration detention, while allowing ICE to maintain a significant, robust detention capacity to carry out serious immigration enforcement.
[pdf] Kennedy, Delahunt Announce New Guidelines For Immigration Raids (+)
Statement released by Senator Edward Kennedy and Congressman William Delahunt regarding the Office of Immigration and Customs Enforcement’s Guidelines for Identifying Humanitarian Concerns among Administrative Arrestees When Conducting Worksite Enforcement Operations. The guidelines set forth best practices for quickly identifying persons arrested who are sole caregivers or who should be released from custody for other humanitarian reasons.
[pdf] FAQ Implementation of the Supreme Court Ruling on the Defense of Marriage Act (+)
Statement from Secretary of Homeland Security Janet Napolitano regarding DOMA; Frequently asked questions regarding the implementation of DOMA.
[pdf] Adjudication of Immigration Benefits for Transgender Individuals (+)
This policy memorandum (PM) and accompanying revisions to the AFM articulate USCIS policy regarding assigning appropriate gender designations on documents issued to transgender individuals and the adjudication of benefits applications involving the marriage of transgender individuals. This PM supersedes the following: Memorandum for Regional Directors et al, Adjudication of Petitions and Applications Filed by or on Behalf of, or Document Requests by, Transsexual Individuals (April 16, 2004); and, Adjudication of Petitions and Applications Filed by or on Behalf of Transsexual Individuals (January 14, 2009).
[pdf] INS Detention Standard: Suicide Prevention and Intervention (+)
INS detention standard policy and procedures for suicide prevention and intervention.
[pdf] DHS Immigration Detainer – Notice of Action (+)
Example of Department of Homeland Security form intended to give notice to the individual and law enforcement for reason of detention. (DHS Form I-247)
[pdf] INS Detention Standard: Non-Medical Emergency Escorted Trips (+)
INS Detention standard operating procedure regarding non-medical emergency escorted trips. The Immigration and Naturalization Service (INS) provides detainees with approved staff escorted trips into the community for the purpose of visiting critically ill members of the detainee’s immediate family, or for attending their funerals.
[pdf] Q&A Filing T, U, and VAWA Petitions with USCIS (+)
These Questions & Answers concern filing requirements for T, U, and VAWA petitions with USCIS. They also address requests for expedited processing, confidentiality issues, adjudicator training, petition processing for applicants in removal proceedings, and travel authorizations, among other issues.
[pdf] Enforcement Activities at Schools, Places of Worship, or at Funerals or Other Religious Ceremonies (+)
Memorandum discussing general policy, procedures, and exceptions for law enforcement for immigration enforcement at schools, places of worship, etc.
[pdf] Field Guidance on Enforcement Actions or Investigative Activities at or Near Sensitive Community Locations (2008) (+)
U.S. Immigration and Customs Enforcement Memorandum regarding ICE policies for conducting enforcement actions or investigative activies at or near sensitive community locations, such as schools, places of worship, and funerals or other religious ceremonies.
[pdf] Guidance Regarding U Nonimmigrant Status (U visa) Applicants in Removal Proceedings or with Final Orders of Deportation or Removal (+)
This memorandum provides field guidance to ensure compliance with the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) regarding aliens with pending U visa petitions who are either (1) subject to a final administrative order of deportation or removal and request a stay of removal or (2) in removal proceedings.
[pdf] Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children (+)
DHS Memorandum giving guidelines for the exercise of prosecutorial discretion with respect to individuals who came to the U.S. as children; identifying certain criteria that must be satisfied.
[pdf] Secure Communities Complaints Involving State or Local Law Enforcement Agencies (+)
DHS Memorandum regarding how the DHS Office for Civil Rights and Civil Liberties and U.S. Immigration and Customs Enforcement addresses civil rights complaints involving state and local law enforcement.
[pdf] Prosecutorial and Custody Discretion for Nursing Mothers (+)
ICE memo regarding the exercise of prosecutorial discretion when making administrative arrest and custody determinations for nursing mothers.
[pdf] Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens (+)
U.S. ICE Memorandum providing guidance on what factors to consider in exercising prosecutorial discretion to ensure that the agency’s immigration enforcement resources are focused on the agency’s enforcement priorities.
[pdf] Civil Immigration Enforcement: Priorities for the Apprehension, Detention, and Removal of Aliens (+)
Outlines the civil immigration enforcement priorities of U.S. ICE as they relate to the apprehension, detention, and removal of aliens.
[pdf] Guidance on Providing Language Assistance to Other Law Enforcement Organizations (+)
2012 Memorandum from U.S. Customs and Border Protection addressing CBP protocol if a Federal, state, or local law enforcement organization (other than DHS) requests assistance from CBS on a need for language translation.
[pdf] U.S. Immigration and Customs Enforcement Memorandum for Chief Counsels on Exercising Prosecutorial Discretion To Dismiss Adjustment Cases (October 6, 2005) (+)
ICE Memorandum setting forth the criteria and procedures by which an Immigration and Customs Enforcement (ICE) Office of the Chief Counsel (OCC) may join in or file a motion to dismiss proceedings
without prejudice when the ICE OCC determines adjustment applications currently pending before EOIR would be appropriate for approval by Citizenship and Immigration Services (CIS).
[pdf] EOIR: Motions for “Prima Facie” Determination and Verification Requests for Battered Spouses and Children (1997) (+)
DOJ Memorandum regarding guidelines for approving certain individuals who have been subject to battery or extreme cruelty for public assistance and benefits under PRWORA.
[pdf] Prosecutorial and Custody Discretion for Nursing Mothers (November 7, 2007) (+)
Memorandum; from Julie Myers, Assistant Secretary, U.S. Immigration and Customs ICE memo regarding the exercise of prosecutorial discretion when making administrative arrest and custody determinations for nursing mothers.