USCIS link to I-192, Application for Advance Permission to Enter as a Non-Immigrant.

Article written by Gail Pendleton on the new standard for the waiver, as well as potential strategies for U visa applicant. Here for Overcoming Inadmissibility for U visa Applications in Word version.

This intake provides important questions to ask to your client, and can be used as an intake form to determine how your client will best be served or if there is a case. Here for Immigration Intake Form: Flagging Inadmissibility in Word version.

This is an excerpt from a standard VSC request for evidence on U Inadmissibility waivers. Here for RFE Excerpt on U Inadmissibility Waivers in Word version.

Bilingual questionnaire that provides important questions to ask to your client. Here for the Sample Inadmissibility Questionnaire in Word version.

ASISTA staff put together a basic cover letter sample to include with your U visa application. You will also notice an area in the cover letter to include relevant legal arguments if you are petitioning for an I-192 waiver. Here for the Sample U Visa Roadmap Cover Letter in Word version.

In conjunction with the basic cover letter above, ASISTA staff put together a basic document index template. Here for the Sample U Visa Index Template in Word version.

Here to access the Sample U Visa Waiver in Word version.

Guidelines on substantial abuse prepared by Gail Pendleton. Here for Victim of Crime Advocate Declaration in Word version.

Response to VSC in regards to RFE re Record of Conviction submitted by Jennifer Scarborough, Heartland Alliance for Human Needs & Human Rights, National Immigrant Justice Center.

Memorandum from Sanctuary for Families' Immigration Intervention Project (IIP) in response to Vermont Service Center (VSC) Requests for Copies of Police Reports Detailing Arrest, June 2, 2017.
Here for Memo on Police Report in Affirmative Cases in Word version.

This AAO decision makes clear that, although it can't review inadmissibility waivers, it can review inaccurate inadmissibility determinations by VSC.

AAO Brief filed by Attorney Will Miller at Catholic Charities Atlanta, August 4, 2017. Here for Brief to AAO on Gang Affiliation in Word version.

This brief, among other things, raises the legal argument that CIS violates the law when it refuses to implement the Congressionally-mandated (d)(14) U waiver standard, a legal argument the AAO should exercise jurisdiction to review.
Here for (d)(14) Legal Argument Sample 1 in Word version.

This brief, among other things, raises the legal argument that CIS violates the law when it refuses to implement the Congressionally-mandated (d)(14) U waiver standard, a legal argument the AAO should exercise jurisdiction to review.
Here for (d)(14) Legal Argument Sample 2 in Word version.

Here for (d)(14) Brief Legal Services NYC in Word version.

Here for Appeal Brief I-192 Denial - Sample ICWC in Word version.

Here for Appeal Brief I-192 Denial - Sample ICWC in Word version.

Amici curiae submitted this brief because United States Citizenship and Immigration Services ("USCIS") has rendered a decision that denies important protections to immigrants who are victims of domestic violence and creates a dangerous precedent for the use of uncorroborated and unreliable evidence in immigration proceedings.

Excerpts from the article "Living with Silvia Trevino" by Norton Tooby and National Immigration Project of the National Lawyers Guild 2009. All rights reserved. Research was completed on this version of this article on April 27, 2009. It was revised again on July 14, 2009. This article is a collective effort, based as it is on a number of conversations as well as the collective wisdom expressed on the internet. Our thanks especially go to Joseph Justin Rollin, Portland, Oregon, and Kathy Brady, Senior Attorney, Immigration legal Resource Center, San Francisco, California. Portions were derived from N. Tooby, J. Rollin & J. Fosters, Crimes of Moral Turpitude (2008). Here for Excerpts from "Living with Silvia-Trevino" in Word version.

Practice guide by Annie Benson and Jonathan Moore on representing U visa applicants with criminal issues.

Re: Marmolejo-Campos v. Holder, 559 F.3d 903 (9th Cir., 2009)

Re: Renato Wilhemy Sanudo 23 I&N Dec. 968 (BIA 2006).

Re: Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008)

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 and the American Immigration Lawyers Association (AILA) recently published a new in-depth practice advisory that contains updates in policy and survivor-based advocacy strategies for U visa applicants at different stages of removal proceedings. This includes strategies for helping U visa applicants with final or prior orders of removal, those currently in removal proceedings, and options for survivors if they receive unfavorable decisions in immigration court. This advisory will be updated should new or additional policy developments impact its content.

These annotated notes have been compiled by ASISTA, AILA and ILRC, commenting on the information shared by USCIS during the November 15, 2018 national stakeholder teleconference. We added practice pointers and clarification to USCIS responses.

Here for Sample Motion to Terminate Removal Proceedings Without Prejudice in Word version.

Here for Sample Motion to Reconsider Denial of Motion to Administratively Close Removal Proceedings and Motion to Continue in Word version.

Here for Sample Motion to Reopen and Motion for Stay of Removal (U Visa) in Word version.

This Practice Manual has been assembled as a public service to parties before the Board of Immigration Appeals.

This manual is strictly informational in nature. This manual is not intended, in any way, to substitute for a careful study of the pertinent laws and regulations. Readers are advised to review Chapter 1.1 before consulting any information contained herein.

The Practice Manual is updated periodically. To assist readers, tables showing the update history of the Practice Manual are available in the section titled Table of Changes.

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.

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.

U Visa Discoverability: What To Do? This is a webinar training sponsored by the Family Justice Center Alliance, presented by Susan Breall, Wanda Lucibello, Jonathan Moore, Mike Agnew, and Gail Pendleton. This webinar explores different strategies about how to respond to U visa requests (or other immigration files) in criminal court and may apply to other legal venues as well.

Developed by Stanford Law School's Immigrants' Rights Clinic, in collaboration with Bay Rea Legal Aid.

We recently won a good order from a federal district court judge in Eastern Washington granting our motion for protective order regarding u visa information. The court prohibited all discovery of a u visa information and documents in a case where we represent five farmworker women on sexual harassment and retaliation claims. The decision makes clear that a pending u visa petition does not diminish the chilling effect of such discovery, and continues to rely on Rivera v. NIBCO as the guiding law on this issue in the Ninth Circuit. A great outcome in our case, and one that we hope can be used elsewhere to argue this issue. State of Washington and Diaz Silvas et al. v. Horning Brothers, NO. 2:17-CV-0149-TOR, 2018 WL 2208215 (E.D. Wash., May 14, 2018)

Developed by Stanford Law School's Immigrants' Rights Clinic, in collaboration with Bay Rea Legal Aid. Here for Sample Motion to Quash in Word version.

AAO Brief filed by Attorney Williams Miller at Catholic Charities Atlanta, August 4, 2017. Here for Brief to AAO on Gang Affiliation in Word version.

How Immigration Officials are Labeling Immigrant Youth as Gang Members, May 2018.

Swept Up in the Sweep: The Impact of Gang Allegations on Immigrant New Yorkers, May 2018.

This note is for practitioners seeking release of an individual from immigration detention at an immigration court bond hearing where the detained person is accused of gang-related affiliation. It provides helpful case law for challenging the admissibility and evidentiary value of uncorroborated law enforcement reports of gang affiliation, August 3, 2017.

Response to VSC in regards to RFE re Record of Conviction submitted by Jennifer Scarborough, Heartland Alliance for Human Needs & Human Rights, National Immigrant Justice Center.

Memorandum from Sanctuary for Families' Immigration Intervention Project (IIP) in response to Vermont Service Center (VSC) Requests for Copies of Police Reports Detailing Arrest, June 2, 2017.
Here for Memo on Police Report in Affirmative Cases in Word version.

Amici curiae submitted this brief because United States Citizenship and Immigration Services ("USCIS") has rendered a decision that denies important protections to immigrants who are victims of domestic violence and creates a dangerous precedent for the use of uncorroborated and unreliable evidence in immigration proceedings.