U Visa Extensions, Adjustment of Status & Derivatives
This library contains information about U visa extensions, adjustment of status, the law, policy, derivatives, advance parole, practice pointers and more.
U Visa Legal Authority Memos & Agency Decisions
U Visa Adjustment of Status
The U adjustment statute contains the guidance for U visa holders to adjust their status to become legal permanent residents.
The U adjustment regulations were promulgated in 2009. The federal register notice of the regulations contains useful background information regarding requirements for adjustment including assistance to law enforcement and continuous physical presence.
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.
Legislation & Statutes
Wilberforce Amendments on Bona Fide Work Authorization.
Field Adjudicator's Manual for Department of State with information on U visas.
The Violence Against Women Act of 2013 (VAWA 2013), combined with the Trafficking Victims Protection Act (TVPRA), was signed into law on March 7, 2013. This document provides an overview of substantive changes and technical fixes to both the VAWA and the TVPRA as well as practice pointers for attorneys and advocates on how to work with these new changes, prepared by ASISTA staff.
Copyright @2013 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.
This policy memorandum (PM) provides guidance about extension of status for T and U nonimmigrants, including any related I-485, application to adjust status. This PM rescind and replaces PM 602-0032.1. This PM revises chapters 39.1 and 39.2 of the Adjudicator's Field Manual.
This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of L-S-M- as an Adopted Decision.
This Policy Memorandum (PM) provides guidance on new legislation that amends the Immigration and Nationality Act (INA) affecting U nonimmigrant status programs and related adjustment of status applications.
This comment was submitted by 32 national, state, and local organizations in responses to USCIS Guidance Implementing U visa provisions of VAWA 2013.
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 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 Chapters 39.1 (f)(4)(v-viii)- AFM Updated AD11-41.
This memorandum (PM) provides a list of situation in which a person would qualify for an authorized period of stay, temporary protective status (TPS), or deferred enforcement departure (DED).
This policy memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related applications for adjustment of status.
This Policy Memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related application for adjustment of status.
This policy memorandum (PM) allows extension of status for U derivative family members due to consular processing delays, and for other reasons as well.
Virtue Memo on Any Credible Evidence Standard (and Extreme Hardship) (Oct. 16, 1998)
This old memo has excellent language near the end on the "any credible evidence" standard -- "Documentary Requirements" -- and why it exists. The discussion of "extreme hardship" is no longer relevant to VAWA self-petitions but may be helpful to those seeking VAWA cancellation, where that requirement still exists. Here for Virtue Memo on Any Credible Evidence Standard (and Extreme Hardship) in Word Version.
Memos & Agency Decisions
This policy memorandum (PM) provides guidance about extension of status for T and U nonimmigrants, including any related I-485, application to adjust status. This PM rescind and replaces PM 602-0032.1. This PM revises chapters 39.1 and 39.2 of the Adjudicator's Field Manual.
This policy memorandum (PM) provides guidance on new legislation that amends the Immigration and Naturalization Act affecting U nonimmigrant status programs and related adjustment of status application.
The purpose of this policy memorandum (PM) is to clarify the role of Requests for Further Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in the adjudication of petitions, applications, and other requests. It revises chapters 10.5 (a) of the Adjudicator's Field Manual (AFM)- AFM Updated AD12-04.
This memorandum provides guidance on the use of U.S. Immigration and Custom 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 of the Criminal Alien Program, Secure Communities, a 287 (g) agreement, or any other ICE enforcement effort. This guidance does not govern the use of detainers by U.S. Customs and Border Protection (CBP). This guidance replaces Section 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 some guidance.
Absent special circumstances of 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.
This policy memorandum (PM) provides guidance regarding changes in U visa eligibility requirements, adjustment of status, and assistance in investigations or prosecutions.
Department of Labor Policy regarding U visa certifications.
Memorandum to OPLA attorneys, dated September 25, 2009, regarding U visa applicants with final orders or who are in proceedings.
Guidance to ICE Field Officers dated September 24, 2009, about factors to consider when adjudicating requests for a Stay of a final administrative order filed by a U visa applicant.
This memorandum serves to make clarification 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).
Memo propagated March 27, 2008, with amendments to FAM, including fix to regulations on age-out derivatives.
Adjustment of Status
On September 8, 2023, USCIS published a revision of Form I-485 Application to Register Permanent Residence or Adjust Status greatly expanding the number and type of questions for applicants to complete. On November 7, 2023, ASISTA submitted a comment emphasizing the impact of these form changes on beneficiaries of survivor-based relief.
This practice advisory addresses a recent case law development regarding derivative eligibility for U visa qualifying family members, the use of discretion in waivers of inadmissibility for U visas, as well as common issues in U-based adjustment of status, such as addressing unwaived grounds of inadmissibility and negative discretionary factors.
The Child Status Protection Act (CSPA), provides relief to children who “age-out” as a result of delays by the U.S. Citizenship and Immigration Services (USCIS) in processing visa petitions and asylum and refugee applications.
This processing cover sheet will help you identify the status of U visa nonimmigrant derivatives applicants and potential red flags.
Practice Advisories
Many practitioners report uncertainty about the date their client’s U status expires because the client has multiple documents defining the validity of their status. For instance, a U derivative may have: (1) the I-797 approval notice for the principal's I-918, (2) the I-797 approval notice for their own I-918A, (3) a U-3 (or other derivative U category) visa in their passport, (4) an I-94 from CBP, and (5) a passport entry stamp. Sometimes the expiration date on one of these documents is different from others. This resource provides strategies to address expiration date discrepancies, obtain a copy of the I-94, which is generally controlling, and develop an appropriate plan for filing that preserves your client's rights.
This practice advisory addresses a recent case law development regarding derivative eligibility for U visa qualifying family members, the use of discretion in waivers of inadmissibility for U visas, as well as common issues in U-based adjustment of status, such as addressing unwaived grounds of inadmissibility and negative discretionary factors.
The Ninth Circuit's decision in Medina Tovar became final on May 2, 2021. The Court held that after-acquired spouses of U visa petitioners are eligible to "accompany or follow to join" the U-1 petitioner through the I-918A petitioning process. ASISTA, CLINIC & ILRC's new Practice Alert includes the latest information on how and when to file an I-918A for a derivative spouse where the marriage to the U-1 petitioner occurred after the filing of the I-918 but before the U petition was adjudicated.
This project was supported by Grant No. 2017-TA-AX-K061 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
ASISTA has prepared a brief advisory to address the recent trends regarding adjudication of I-539 extensions for U nonimmigrants. Practitioners report that USCIS is issuing Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) asking for proof that the applicant had a valid passport at the time of filing. This advisory contains practice tips for advocates to prevent and address this issue.
The Word version can be accessed
here.
Copyright @2019 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.
This practice advisory contains tips to help conditionally approved U visa holders who are waitlisted due to the U visa cap restrictions. We will be covering issues concerning employment authorization as well as tips for requesting humanitarian parole for derivatives where the principal U visa applicant has been awarded a conditional U visa grant.
This practice advisory by Mary Kenney, is one of the three which discuss interim regulations that give USCIS jurisdiction over the adjustment applications of an "arriving alines" parolee who is in removal proceedings.
This practice advisory is the third in a series about interim regulation, adopted May 12, 2006, which give USCIS jurisdiction over the adjustment applications of an "arriving alien" parolee who is in removal proceedings.
Derivatives
Immigrant Visa Flowcharts for Derivatives of U Principals (March 2023)
These two flowcharts were created by Esther Limb, Supervising Attorney at Her Justice, in connection with ASISTA’s March 2023 Virtual CLE Conference, “Everything You Ever Wanted to Know About Derivatives.” They are current as of March 2023.
The flowcharts depict the processes to follow for derivative beneficiaries and other relatives of U petitioners, including:
- Consular Processing for U-Based I-929 Beneficiaries
- Adjustment of Status for U Derivatives and I-929 Beneficiaries
To access recordings and other materials from the Conference, including deep dives into the processes behind these flowcharts, visit The ASISTA Online Store.
In December, the 9th Circuit held in Medina Tovar v. Zuchowski that certain after-acquired spouses of U visa petitioners are eligible to "accompany or follow to join" the U-1 through the I-918A petitioning process. The Court recently issued its mandate on 1/25/2021. The judgment in Medina Tovar is therefore in effect as of 1/25/2021.
We've prepared this Practice Alert to help you determine what this decision means for your U visa petitioners who married after filing their I-918, but before USCIS issued a final adjudication.
ASISTA members can request case-specific technical assistance through our member portal. If you have questions on ASISTA membership, contact us at questions@asistahelp.org.
ASISTA argues that DHS regulations prohibiting U visas for after-acquired spouses of crime victims violates the Congressional goals of the U visa law.
ASISTA has prepared a brief advisory to address the recent trends regarding adjudication of I-539 extensions for U nonimmigrants. Practitioners report that USCIS is issuing Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) asking for proof that the applicant had a valid passport at the time of filing. This advisory contains practice tips for advocates to prevent and address this issue.
The Word version can be accessed
here.
Copyright @2019 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.
This policy memorandum (PM) provides guidance about extension of status for T and U nonimmigrants, including any related I-485, application to adjust status. This PM rescind and replaces PM 602-0032.1. This PM revises chapters 39.1 and 39.2 of the Adjudicator's Field Manual.
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 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 Chapters 39.1 (f)(4)(v-viii)- AFM Updated AD11-41.
This Policy Memorandum (PM) provides guidance about extensions of status for T and U Nonimmigrants, including any related application for adjustment of status.
This policy memorandum (PM) allows extension of status for U derivative family members due to consular processing delays, and for other reasons as well.
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 101(a)(15)(U)(ii), by filing form I-198A.
This processing cover sheet will help you identify the status of U visa nonimmigrant derivatives applicants and potential red flags.
Sample parole cover letter for U derivatives of U conditional approvals, written by Nora Phillips, of the firm Phillips & Urias in Los Angeles, California. Posted with permission fro the author.
Humanitarian Parole
This practice advisory contains tips for requesting humanitarian parole for derivatives where the principal U visa applicant has been awarded a conditional U visa grant.
The Petition Information Management Service (PIMS) was created to provide consular officers with electronic access to petition information.
This is a sample of a cover letter request for parole issuance to a client who have received conditional approval of U derivative status and currently resides abroad.
Sample parole cover letter for U derivatives of U conditional approvals, written by Nora Phillips, of the firm Phillips & Urias in Los Angeles, California. Posted with permission from the author.
Processing U Visas Abroad
Field Adjudicator's Manual for Department of State with information on U visas.
Information and strategies for how to address issues when presenting U visas for processing abroad.
Copyright @2013 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.
Courtesy of AILA National.
Q&A from CIS
This advisory contains general information shared by USCIS staff during multiple stakeholders events during this year, with added practice pointers and clarification where relevant. This advisory was authored by ASISTA Immigration Assistance, Immigration Center for Women and Children (ICWC), Immigration Legal Resource Center, Just Neighbors Ministry Inc., Sanctuary for Families, AILA VAWA, U and T Visa National Committee.
Copyright@2016 by ASISTA Immigration Assistance.
All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.
ASISTA urges that DHS reassess ICE's enforcement actions at state and local courthouses given its negative effects ion immigrants survivors of violence.
AILA and ASISTA letter to USCIS to address outstanding issues with regard to policies and procedures now that the U visa cap has been met for current fiscal year, including issues of parole for derivatives of conditional approvals.
These notes include important information, especially regarding USCIS reaching the U visa cap and other updates and changes. Please check back to the ASISTA website for changes and updates.
Copyright@2013 by ASISTA Immigration Assistance.
All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.
VSC Stakeholder Event Notes and Practice Pointers, created by ASISTA and AILA VAWA, U and T Visa Committee (October 18, 2013)
This is a summary of the information shared during the Vermont Service Center (VSC) Stakeholder's meeting in St. Albans, VT on October 18, 2013.
Copyright@2013 by ASISTA Immigration Assistance.
All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.
VSC brochure distributed at the VSC Stakeholder Event on October 18, 2013.
VSC update on new and ongoing activities.
The AILA VAWA Committee and ASISTA created the RFE Project to identify significant evidentiary problems. This is the resulting report.
This is a summary of the information shared during the Vermont Service Center (VSC) Stakeholder's teleconference on September 28, 2012. Appendix I to VSC Fall 2012 Teleconference: Expedite Criteria
Copyright@2012 by ASISTA Immigration Assistance.
All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.
These notes on the CIS Q&A call also contain specific questions on forms I-539, I-192, and I-193.
This USCIS Q&A answers questions about processing and filing U visas, as well as offers information pertinent to potential U visa holders.
Q&A on various topics, including information on derivatives VAWA, passport issues, public benefits, and more. Prepared by Gail Pendleton on behalf of the National Network to End Violence against Immigrant Women,
Q&A Session with the Vermont Service Center of USCIS in August 2009.