The Inadmissibility Issues Section contains: I-192 waivers, I-192 appeals, briefs, decisions & samples, criminal issues in immigration, u visa cases in proceedings & sample motions, BIA on cases in proceedings, responding to discovery, gang resources, extrinsic to ROC (police reports).

This practice pointer synthesizes the current recommendations for using USCIS “hotline emails” for customer service inquiries on cases protected by 8 USC § 1367 privacy requirements, i.e., survivor-based relief applications.

This project was supported by Grant No. 15JOVW-23-GK-05161-MUMU 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.

"At a stakeholder engagement on May 8, 2023, USCIS stated that it would not reject or deny a Form I-539 extension of status request for U or T nonimmigrants simply because it was filed more than 90 days prior to the expiration of their nonimmigrant status. 

On December 6, 2023, ASISTA and the AILA VAWA, U, T Committee sent a letter to USCIS, requesting updated guidance and sharing examples of RFEs, NOIDs, and denials based on filing more than 90 days prior to the expiration of their U or T nonimmigrant status.

We will update the field with any additional information we receive. If you have recently received an RFE or NOID in an I-539 request for extension of status for a U or T nonimmigrant solely based on it being filed more than 90 days prior to the expiration date of their status, please request technical assistance with ASISTA."

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.

ASISTA practice pointer with latest information on COVID-19 testing and vaccination.

COVID-19 vaccine and testing information for U-visa and VAWA clients.

This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU 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 U.S. Department of Justice.

Handout Service Center Hotlines.

This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU 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 U.S. Department of Justice.

The American Immigration Lawyers Association (AILA), ASISTA, and the Domestic Violence Project (DVP) of the Urban Justice Center have published a new practice advisory based on new USCIS documentation obtained by FOIA litigation brought by Cleary Gottlieb on behalf of DVP.

In this practice advisory, ASISTA provides practice tips on how to comply with deadlines and submit initial filings during the COVID-19 national emergency. Click here to download the practice pointer in Word version.

ASISTA has updated its practice advisory regarding U visa application rejections due to blank spaces on the Form I-918 and I-918A. This updated advisory has filing practice pointers, as well as suggestions for re-filing rejected forms. Read the advisory here

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.

This practice advisory provides practitioners a road map for assessing a U Visa petitioner's potential risk of removal. Click here to download the document in Word version. 

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.

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.

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 checklist gives your client information on what forms, records, and important documentation your client might need for his/her U visa application.

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.

In conjunction with the basic cover letter above, ASISTA staff put together a basic document index template.

Guidelines on substantial abuse prepared by Gail Pendleton.

In this 9-1-2020 unpublished decision, the AAO finds the mother of an adult murder victim suffered direct and proximate harm as a bystander victim. VSC's denial of her I-918 was overturned.

This library contains information about U visas in the employment context and decisions on workplace-based U visas.

Sample RFE response to USCIS on U qualifying crime.
Thank you to ASISTA Member, Anne Ketover Watkins, for sharing her sample response brief!

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).

Here is the amicus brief we filed to the AAO with Her Justice and ICWC, Debevoise & Plympton doing the heavy lifting (and excellent crafting) for us. Thanks to all involved, great job!

We suggest you use this framework when making your "not-obvious" victim arguments.

The AAO seems to have paid attention to our amicus arguments on U visa crimes as "categories" in their decision in the case in the case underlying our amicus, see attached redacted decision and the amicus. We will beed to keep pushing this is framework, however, so please continue using the arguments in the amicus when arguing crime categories. We do not, for instance, agree that the DV category contemplates only the facts involving decision relationships; many crimes are DV depending on the facts of the crimes, not just the relationships. One step at a time, thought! Note that the amicus strategy seems to work (gets their attention), so if you have a case that is likely to go up to the AAO on that issue that seems intractable at VSC, please let us know early in the process so we can round up a firm and organize the arguments we should all be using. Congratulations and thanks to Yasmine Farhang (and Deisy) who worked on the brief in chief, to ICWC for joining and helping us craft the arguments, and to Jennifer Colyer & Daniel Fishbein at Fried, Frank, Harris, Shover & Jacobson for their excellent work on the amicus brief!

Memo propagated March 27, 2008, with amendments to FAM, including fix to regulations on age-out derivatives.

Congratulations and thanks to Yasmine Farhang (and Deisy) who worked on the brief in chief, to ICWC for joining and helping us craft the arguments, and to Jennifer Colyer & Daniel Fishbein at Fried, Frank, Harris, Shiver & Jacobson for their excellent work on the amicus brief!

Re: Robbery falls into the category of felonious assault.

Showing substantial physical or mental abuse (harm) by Gail Pendleton.

Guidelines on substantial abuse prepared by Gail Pendleton.

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.

Working with law enforcement library contains information about qualifying agencies authorized to sign the form I-918 Supplemental B, and how to work with la enforcement agencies.

In June 2014, University of North Caroline School of Law worked with ASISTA on the publication of a policy brief, entitled Visa Denied: The Political Geography of the U Visa: Eligibility as a Matter of Locale, to examine nationwide law enforcement certification practices for U visas. The policy brief contained the results of a survey of advocates which illustrated best practices and common problems with obtaining U visa certifications. The brief also suggests legal and policy recommendations and strategies for advocates to challenge inconsistent certification practices.

Department of Labor Policy regarding U visa certifications.

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.

Written by Gail Pendleton, this is the second in a series on how to win U visa cases, with an emphasis on 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.

Fact sheet created by USCIS on certifying U nonimmigrant status for law enforcement (Form I-918, Supplemental B).

Inadmissibility issues section contains information on U visa waivers, including I-192 briefs, appeals, decisions, sample documents, and more.

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.

This is an excerpt from a standard VSC request for evidence on U inadmissibility waivers.

Bilingual questionnaire that provides important questions to ask to your client.

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.

In conjunction with the basic cover letter above, ASISTA staff put together a basic document index template.

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

Guidelines on substantial abuse prepared by Gail Pendleton.

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.

Brief for amicus curiae ASISTA regarding jurisdiction to adjudicate a U visa petition for a former LPR in removal proceedings.

Petitioner's brief on appeal on the denial of form I-918, petition for U nonimmigrant status.