U Visa
Overview
Winning U Visas after the Regulations
© 2008 Matthew Bender & Company, Inc., a member of the LexisNexis Group. Reprinted with permission; all rights reserved
USCIS Fact Sheet on Certifying U Nonimmigrant Status
This fact sheet offers basic information as to who may be eligible for a U Visa, and under what circumstances.
Winning U Visas: Getting the Law Enforcement Certification (Feb. 2008)
The second in a series on how to win U visa cases, with an enfasis in the law's requirements as well as building a relationship with law enforcement.
© 2009 Matthew Bender & Company, Inc., a member of the LexisNexis Group. Reprinted with permission; all rights reserved
Overcoming Inadmissibility for U Visa Applicants
Article by Gail Pendleton on the new standard for the waiver, as well as potential strategies for U visa applications.
Number of Approvals, Denials and Receipts of U and T Visas
Service-wide Receipts, Approvals, and Denials from 2009 to 2011 for U Visas, and from 2002 to 2011 for T Visas.
Building Collaborations to Help Immigrant Survivors of Domestic Violence & Sexual Assault
Webinar presented by ASISTA Co-Director Gail Pendleton with the National Family Justice Center Alliance. This webinar discusses updates on the U Visa process and means to collaborate to assist victims who apply. (February 2013)
Legislation and Statutes
Regulations
Challenging violations of confidentiality and prohibitions against using information from abusers/perpetrators
This document details confidentiality provisions according to the DHS, as well as contact information to report a violation of VAWA confidentiality.
Memos and Agency Decisions
Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local and Tribal Criminal Justice Systems (December 21, 2012)
This memorandum provides guidance on the use of U.S. Immigration and Customs Enforcement (ICE) detainers in the federal, state, local, and tribal criminal justice systems. This guidance applies to all uses of ICE detainers regardless of whether the contemplated use arises out ofthe Criminal Alien Program, Secure Communities, a 287(g) agreement, or any other ICE enforcement effort. This guidance does not govern the use ofdetainers by U.S. Customs and Border Protection (CBP). This guidance replaces Sections 4.2 and 4.5 of the August 2010 Interim Guidance on Detainers (Policy Number 10074.1) and otherwise supplements the remaining sections of that same guidance.
USCIS Policy Memorandum: Age-Out Protections for Derivative U Nonimmigrant Status Holders: Petitions, Initial Approvals and Extensions of Status (December 12, 2012)
This policy memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant petitions that are being held for final adjudication or have had their prior approvals limited in time due to the derivative aging-out. This PM also authorizes the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing the U-3 derivative to remain in U nonimmigrant status past his or her 21st birthday, if necessary. This PM updates the Adjudicator’s Field Manual (AFM) by adding Chapter 39.1(f)(4)(v-viii); AFM Update AD11-41.
Prosecutorial Discretion for Certain Victims, Witnesses, and Plaintiffs (June 17, 2011)
Absent special circumstances or aggravating factors, it is against ICE policy to initiate removal
proceedings against an individual known to be the immediate victim or witness to a crime.
Extension U and T visa 3(Mar. 8, 2011)
This Policy Memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related applications for adjustment of status. 3/2011
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008: Changes to T and U Nonimmigrant Status and Adjustment of Status Provisions (July 21, 2010)
Memo regarding changes in U Visa eligibility requirements, adjustment of status, and assistance in investigations or prosecutions.
Policy Memo RE: Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (Form I-539) (June 22, 2010)
Memo regarding extension of status for U Derivatives dated 6/22/10. This memo allows for extension of status due to consular processing delays, and for other reasons as well.
Department of Labor to Certify U Visas (March 15, 2010)
Department of Homeland Security (DHS) regulations (8 C.F.R.§ 214.4(a)(2)) expressly list certain federal law enforcement agencies that may certify U Visa applications, in the hopes that DOL investigators may detect more information on workplace criminal activity.
Guidance Regarding U Visa Applicants in Removal Proceedings or with Final Orders of Deportation or Removal (Sept. 25, 2009)
Memorandum to OPLA Attorneys, dated 9/25/2009, regarding U Visa applicants with final orders or who are in proceedings.
Guidance: Adjudicating Stay Requests Filed by U Visa Applicants (Sept. 24, 2009)
Guidance to ICE Field Officers dated 9/24/2009 about factors to consider when adjudicating requests for a Stay of a final administrative order filed by a U Visa applicant.
USCIS Update for Processing Petitions for Nonimmigrant Victims of Criminal Activity (April 10, 2008)
This memo serves to make clarifications in the interim relief period for those seeking the U visa, and notes that there is no deadline for filing the Petition for U Nonimmigrant Status (Form I-192).
CIS Policy Memorandum RE: Amendments to FAM (Mar. 27, 2008)
Memo Propagated March 27, 2008 with Amendments to FAM, including fix to regulations on Aged-out derivatives
DOJ and INS memo on Unlawful Presence and Authorized Periods of Stay (June 12, 2002)
This memo provides a list of situations in which a person would qualify for an authorized period of stay, temporary protected status (TPS), or deferred enforced departure (DED).
Case Law
Matter of Yauri
Oct. 28, 2009 decision stating: USCIS has exclusive jurisdiction to adjudicate applications for adjustment of status; the BIA generally lacks authority to reopen proceedings under final orders of exclusion, deportation or removal; and the Board will not generally exercise its discretion to reopen proceedings sua sponte for an arriving alien to pursue adjustment of status.
Matter of Sanchez-Sosa
This case sets criteria for immigration judges considering continuances for U applicants in proceedings. See ICE memoranda for procedure for requesting prima facie determinations from VSC.
Filing a U Visa Case
Department of labor U-Visa Coordinators by U.S. region
A listing of the DOL's U-Visa contacts for certain regions in the U.S.
Department of labor U-Visa Coordinators by U.S. region
A listing of the DOL's U-Visa contacts for certain regions in the U.S.
Resources for Working with Clients
This site contains materials for representation for your client, as well as information for the client.
Corrections and Clarifications to Police Report(s)
This form is an opportunity for applicants to correct and/ or clarify a police report. This form would be especially important for cases where a language barrier created misunderstanding or false assumptions.
Checklist of Necessary Documents for U Visa Applicant
This checklist gives the client information on what forms, records, and information the client might need for their U Visa application.
Sample U Visa Request to Law Enforcement
Request the assistance of law enforcement in filing and completing forms for the U Visa application.
Presentación por USCIS en cómo navegar el sitio web. ¡En Español!
Esta presentación explica paso a paso cómo navegar el sitio web para ver el estatus de su caso.
DHS U-Visa Certification Guide
This guide contains FAQs about U Visas, instructions on how to fill out the form, as well as offers other forms of relief for victims and survivors.
Getting the Certification
Winning U Visas: Getting the Law Enforcement Certification (Feb. 2008)
The second in a series on how to win U visa cases, with an enfasis in the law's requirements as well as building a relationship with law enforcement. © 2009 Matthew Bender & Company, Inc., a member of the LexisNexis Group. Reprinted with permission; all rights reserved
DHS U Visa Certification Guide
This guide contains FAQs about U Visas, instructions on how to fill out the form, as well as offers other forms of relief for victims and survivors.
How to Join ICWC Google Docs: U Visa Certifying Officers, National List of I-918B Designated Signers
Q & A from CIS
VSC Teleconference Notes and Practice Pointers Fall 2012
Levin & Parras, VSC Stakeholder Notes and Practice Pointers Fall 2012 at 9-10 © 2012 ASISTA Immigration Assistance. Reprinted with permission, all rights reserved.
Key Points from CIS Ombudgal Call, September 12, 2011
These notes on the CIS Q&A call also contain specific questions on forms I-539, i_192, and I-193.
Teleconference Recap and Q & A (June 20, 2011)
This USCIS Q & A answers questions about processing and filing U visas, as well as offers information pertinent to potential U visa holders.
Advance Questions/Discussion Topics for VSC Meeting August 20, 2009
Q & A Session with the Vermont Service Center of USCIS in August 2009.
Advance Questions/Discussion Topics for VSC Meeting (Aug. 20, 2009)
Q & A on various U Visa topics, including information on derivatives, VAWA, passport issues, public benefits, and more.
Cases in Proceedings
Joint Motion to Terminate Proceedings for U Visa
This is an example of a U Visa Joint Motion to Terminate Proceedings.
Adjustment of Status of “Arriving Aliens” Under the Interim Regulations: Challenging the BIA’s Denial of a Motion to Reopen, Remand, or Continue a Case
American Immigration Law Foundation Practice Advisory
USCIS ADJUSTMENT OF STATUS OF “ARRIVING ALIENS” WITH AN UNEXECUTED FINAL ORDER OF REMOVAL
AIC LAC Practice Advisory
Adjustment of Status
Derivatives
Derivative Chart
U Derivatives
This chart summarizes situations to consider when working with principals with children.
Principal U applicants may file derivative applications for their spouses, unmarried children under 21 and, if the applicant is under 21, for parents and unmarried siblings, INA ß 101(a)(15)(U)(ii), by filing form I-918A.
USCIS Policy Memorandum: Age-Out Protections for Derivative U Nonimmigrant Status Holders: Petitions, Initial Approvals and Extensions of Status
This policy memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant
petitions that are being held for final adjudication or have had their prior approvals limited in time
due to the derivative aging-out. This PM also authorizes the approval of U-3 derivative
nonimmigrant petitions for the full eligibility period of four years, allowing the U-3 derivative to
remain in U nonimmigrant status past his or her 21st birthday, if necessary. This PM updates the
Adjudicator’s Field Manual (AFM) by adding Chapter 39.1(f)(4)(v-viii); AFM Update AD11-41.
Resisting Subpoenas related to U Visa applications
UNDERSTANDING AND RESPONDING TO SUBPOENAS: A GUIDE FOR IMMIGRATION ATTORNEYS REPRESENTING UVISA APPLICANTS
Developed by Stanford Law School’s Immigrants’ Rights Clinic, in collaboration with Bay Area Legal Aid.
Sample Motion To Quash
Developed by Stanford Law School’s Immigrants’ Rights Clinic, in collaboration with Bay Area Legal Aid
Privacy
Non-Disclosure and Other Prohibitions Relating to Battered Aliens: §384
This first INS memo on the special confidentiality provisions and protections against using information from abusers remains the best government document on this issue. Read along with 8 USC 1367 and other documents in this section.
8 USC 1367
Link to the Government Printing Office page with 8 USC 1367 relating to penalties for disclosure of information relating to battered or abused immigrants as well as use of information obtained from batterers and their families.
Processing U Visas Abroad
Employment Issues
Working with Law Enforcement
