Representing Immigrant Survivors of
Domestic Violence and Sexual Assault
VAWA & U Visas
August 14, 2009
Winston & Strawn LLP
www.immigrantjustice.org
About the National Immigrant
Justice Center
The National Immigrant Justice Center (NIJC), a program of Heartland
Alliance for Human Needs & Human Rights, promotes human rights and
access to justice for immigrants, refugees, and asylum seekers through
legal services, policy reform, impact litigation, and public education.
Throughout its 30-year history, NIJC has been unique in blending
individual client advocacy with broad-based systemic change.
• NIJC serves more than 8,000 immigrants annually with the support of a
professional legal staff and a network of over 1,000 pro bono attorneys.
• NIJC maintains a 90 percent success rate in representing asylum
seekers.
• Since 2004, NIJC has litigated over 100 due process and asylum cases
in the federal courts in conjunction with pro bono attorneys.
• In FY 2007, NIJC successfully represented 24 individuals seeking
protection in the United States before the U.S. Seventh Circuit Court of
Appeals.
NIJC’s Pro Bono Projects
What we do:
 Case screening, assessment and
acceptance
 Placement with pro bono attorneys
 Case management
 Attorney support and technical
assistance
Pro Bono Opportunities
with NIJC
Asylum
Detention
SIJS
VAWA & U-visas
Citizenship
I-730s & Asylee Adjustments
Pro Bono Case
Assignment Process
 List of available cases, with brief description, sent out to our pro bono
attorney network bi-monthly
 Conflicts Check
 Case Assignment
 NIJC remains “of counsel”
 NIJC provides on-going support and assistance
 Pro bono attorney will set-up initial interview with client within 1-2 weeks of
case assignment
 Applications should be filed as soon as possible (8-12 weeks recommended
preparation and filing time)
 Pro bono attorney remains attorney of record throughout duration of case
 If pro bono attorney cannot continue with case, must make efforts to reassign
internally and notify NIJC
Interviewing Your Client
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Find volunteer interpreter, if necessary
Safety check
Stress confidentiality
Refer to counseling or other services, as needed
Sign Release of Information and Retainer Agreement
Build a relationship of trust
 Physical and emotional space
 Avoid legalese
 Learn about client's family, and immigration and criminal history (i.e. prior
marriages, children or other family members living in U.S., criminal history,
entries/exits in the U.S., prior immigration applications filed or problems with
immigration)
 Explain domestic violence using P&C wheel
 Explain application process, fees/fee waivers and processing times
 Review list of documents that will be needed for filing
The Cycle of Abuse
The Honeymoon
Denial
Explosion
TensionBuilding
Domestic Violence Tactics Used by
Abusers to Exert Power and
Control
Emotional Abuse
Isolation
Intimidation
Economic Abuse
Power
And
Control
Using Citizenship or
Residency Privilege
Sexual Abuse
Physical Abuse
Threats
How Abusers Can Misuse
Immigration Privilege
 Failing to file immigration papers on behalf
of family member
 Filing an I-130 petition (or other
application) and later withdrawing it
 Threatening to contact immigration officials
 Contacting immigration officials for the
purpose of reporting family members
 Providing immigration officials with false
information about family members
Cultural Barriers
Facing Immigrants
 Language limitations
 Extreme Isolation
 Cultural ideas of family shame and
honor
 Close-knit communities
 Role of religion
Basic Overview of
Family Based
Immigration
 Obtaining lawful permanent residence
through family members
 Grounds of inadmissibility
 Waivers of grounds of inadmissibility
 Family based immigration and domestic
violence
Laws and Reference
Sources
 Immigration & Nationality Act (Title 8 of
U.S. Code)
 Title 8 of Code of Federal Regulations
 Agency Policy Memoranda and
Guidance
 Board of Immigration Appeals (BIA)
and Federal Circuit Case Law
 Kurzban’s Immigration Law
Sourcebook
 USCIS website (www.uscis.gov)
 American Immigration Lawyers
Association (AILA)
 ILRC
 NLG/NIP
 Asista
Terms and Acronyms
 DV: domestic violence
 LPR: lawful permanent resident
“green card”
 USC: US citizen
 EWI: entry without inspection
 VAWA: Violence Against Women Act
 U Visa: visa for victims of certain
crimes
 AOS: Adjustment of Status - the
process applying for LPR (in the U.S)
 Consular Processing: applying for
LPR (outside of the U.S.)
 USCIS & DHS. U.S. Citizenship &
Immigration Services was created as
part of the Department of Homeland
Security in 2002 (former INS)
 RFE: Request for Evidence
 PRD: Priority Date
 EOIR: Executive Office for
Immigration Review
 IJ: Immigration Judge
 ICE: Immigration and Customs
Enforcement
 CBP: Customs & Border Protection
 EAD: Employment Authorization
Document (“work permit”)
 DA: Deferred Action
Family Preference
System v. Immediate
Relatives
 LPRs can petition for certain relatives. Due
to limits placed on the number of visas
available to such beneficiaries, persons
who are not immediate relatives must wait
to apply for LPR status. The waiting time
depends on the status of the petitioner and
the type of relationship between the
petitioner and beneficiary.
 Department of State Visa Bulletin:
www.state.gov/travel
Obtaining Lawful Permanent
Residency through FamilyBased Petition
 U.S. citizens can petition for:
 Parents = immediate relative
 Spouses = immediate relative
 Children (under 21/unmarried) = immediate
relative
 Adult, married children
 Siblings
 LPRs can petition for:
 Spouses
 Unmarried children
Applying for
Lawful Permanent
Residence
Two-Step Process
 Step 1: filing a visa petition form (Form I-130)
 Step 2: applying for an adjustment of status (Form
I-485)
STEP 1: Filing an I-130 Petition for
Alien Relative (Priority Date)
 If the beneficiary is an immediate relative can usually
take both steps together
 When the I-130 is approved, a PRD is set. The PRD is
usually the same as the date on which I-130 was
received by USCIS. The PRD establishes the date on
which an applicant can take the second step and apply
to adjust to LPR status.
STEP 2: Filing Form I-485 Application
for Lawful Permanent Residence
 Once an individual has an approved visa petition
or current priority date, she can apply to adjust
her status in the United States
 If a person cannot adjust status to lawful
permanent residence in the United States, she
may consular process in her home country
INA § 212(a) and
Grounds of
Inadmissibility
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Health-related grounds
Criminal and related grounds
Security and related grounds
Public charge
Illegal entrants and immigration violators
False claim to U.S. citizenship
Persons previously removed
Aliens unlawfully present
Waivers for Grounds of
Inadmissibility
 There are waivers available for several grounds of
inadmissibility
 Under VAWA, applicants can obtain special waivers for
certain (but NOT ALL) grounds of inadmissibility
 Under U Visa, applicants can obtain waivers for almost
all grounds of inadmissibility
The Violence Against
Women Act (VAWA)
 The Violence Against Women Act was signed into
law by President Clinton in 1994 as part of a larger
crime bill to address domestic violence, sexual
assault and stalking
 VAWA was amended in 2000 and 2005. VAWA
includes special provisions for battered immigrants
that allows them to gain legal immigration status
without relying on their abusive US citizen or LPR
spouses or parents
INA § 204; 8 CFR 204
VAWA Process
Affirmatively –selfpetition before USCIS
Defensively –
adjustment of status
based on VAWA or
cancellation of removal
before Immigration
Court
Who Is Eligible to Self-Petition
Under VAWA?
 Abused spouses of U.S. citizens and LPRs;
 Non-abused spouses of US citizens or LPRs whose children are
abused (need not be children of abuser);
 Abused children (must meet the definition of a “child” under INA §
101(b)) of USCs or LPRs;
 Abused children of USCs may file until age 25 if central reason for
delay is abuse (VAWA 2005);
 Abused intended spouses, meaning a spouse who entered into a
bigamous marriage in good faith. See INA § 204(a);
 Abused parents of USC children (VAWA 2005)
Special VAWA Provisions
 An immigrant is still eligible to self-petition within two
years following the occurrence of the following events:
 Death of USC (Not LPR)
 Divorce
 Deportation where there is a connection to the
domestic violence
Self-Petitioners Must Prove
 Status of Abuser (USC or LPR)
 Marriage Requirements
 Legal Marriage
 Good Faith Marriage
 Battery or extreme cruelty
 Residency Requirements
 Self-petitioner lived with abuser
 Self-petitioner’s current residence
 Good Moral Character (3 years prior)
See INA § 204
Standard of Proof
“Any credible evidence” standard applied
to VAWA self-petitions
8 CFR § 204.2(c)(2)(i)
Client Affidavit
 Ok for client to write in her own in
native language and translate
 Can have client prepare with
counselor or other advocate
 Take what client wrote and
organize in chronological order
 Fill in important details
 Must be comprehensive and
address all eligibility requirements
Abuser’s Immigration
Status
 U.S. birth certificate
 U.S. passport
 Resident Alien Card
 Application for Marriage License
 Child’s birth certificate
 Request to search service
records (if abuser legalized his
or her status with USCIS)
Good Faith Marriage
 Self-petitioner cannot have
entered into a marriage for the
primary purpose of
circumventing the immigration
laws. 8 CFR § 204.2(c)(1)(ix).
 KEY FACTOR is whether she
intended to establish a life with
spouse at the time of marriage.
Battery or Extreme
Cruelty
 Is defined broadly to include “being
the victim of any act or threatened act
of violence, including any forceful
detention, which results or threatens
to result in physical or mental injury.”
 8 CFR § 204.2(c)(2)(vi).
 See Hernandez v. Ashcroft, 345 F.3d
824 (9th Cir. 2003) for thorough legal
analysis of what constitutes “extreme
cruelty.”
Good Moral Character
 Must establish good moral character
for the three years preceding the
filing of the self-petition
 See 8 CFR 204.2(c)(1)(vii) and
(c)(2)(v).
 See INA § 101(f)
Confidentiality Provisions
 Section 384 of the Illegal Immigration Reform
and Immigrant Responsibility Act (IIRIRA) of
1996 prohibits all DHS and DOJ employees from
providing information about a self-petitioner to
3rd parties
 Section 384 similarly prohibits DHS from
making any decisions about removability based
solely on information provided by the abuser
8 CFR § 1367
Filing Fees
 Form I-360 ($0)
 Form I-765 without adjustment ($340)
 Form I-485 ($1010 14 years or $930 under 14 years or if
filing with one adult/parent, then $600)
 All fees should be in form of money order and payable to
“Department of Homeland Security”
 Fee waiver request should be in form of notarized client
affidavit demonstrating “inability to pay” and include evidence
of income/expenses
Filing Procedures for
VAWA Self-Petitioners
File necessary applications and supporting evidence:
 Detailed, argumentative cover letter & index of documents
 G-28, Notice of Representation
 Form I-360 (self-petition) with evidence supporting all
requirements
 Form I-765 (employment authorization – if eligible to adjust,
otherwise, must wait until VAWA is approved)
 Two passport photos if filing I-765
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Form I-485 (adjustment application)
 Two passport photos if filing I-485
 G-325A, Biographic Information
 I-693, Medical Exam
 I-864W, Affidavit of Support Exemption
 Fee Waiver Request, if applicable
Filing Tips …
 *Derivatives*
 All foreign documents must be translated. Translator must certify
that he/she is competent in both languages to render an accurate
translation
 Two-hole punch at top of application packet and bind with metal
prong fasteners or binder clip
 DO NOT use spiral binding
 Place each application (I-360, I-485 & I-765) into a separate
envelope
 Write in large red letters 1) the type of application, 2) VAWA, and 3)
“with fee waiver request” (if applicable)
 Place all envelopes into one mailing envelope
 Send via certified mail or overnight delivery
Where to File
• Self-petition and all
accompanying applications
are sent to:
USCIS
Vermont Service Center
Attn: VAWA Unit
75 Lower Welden Street
St. Albans, VT 05479-0001
After Filing the
Self-Petition
 You will receive Form I-797, Notice of Action, indicating
Receipt of your filing within about 2 weeks.
 You will receive Form I-797, Notice of Action, indicating
establishment of a prima facie case.
 You will not hear anything else for approximately 10 months.
Prima Facie Notice
It is NOT an approval notice
It may be used to obtain public benefits
U.S. Department of Justice
Bureau of Citizenship and Immigration Services
RECEIPT NUMBER
EAC-99-000-99999
CASE TYPE
I-360 Petition for Amerasian, Widow(er), or Special Immigrant
Petitioner
Ochoa, Graciela
Ochoa, Graciela
NOTICE DATE
PAGE
February 21, 1999
1 of 1
RECEIPT DATE
March 2, 1998
FILE NUMBER
A76 000 999
Self-Petitioning Spouse of U.S.C. or L.P.R.
Attn: Sherizaan Minwalla ESQ
Midwest Immigrant and Human Rights Center
208 S. LaSalle, Suite 1818
ESTABLISHMENT OF PRIMA FACE CASE
Outcomes of Self-Petition
Request for Evidence (RFE)
Approval
Notice of Intent to Deny (NOID)
Denial
I-360 Approval and Deferred
Action
 Deferred Action initially valid for 15 months and
renewable in 12-month increments
 Low priority for removal from the United States
 Legal basis for employment authorization
 If I-485 was concurrently filed with I-360,
application will be transferred to local district
office for scheduling of interview and
adjudication
Employment Authorization
 You can file for employment authorization once
the VAWA self-petition has been approved; or
 You can file employment authorization if filing an
I-485 with the VAWA self-petition
 Employment Authorization may be renewed
annually, provided there is still a legal basis for
eligibility
See 8 C.F.R. 274a.12
Adjustment of Status
Interview
 Purpose – To adjudicate I-485 and determine admissibility
 Officer does not have authority to re-adjudicate I-360 or
question validity of decision
 What to bring
 Originals with translations (birth certificates, marriage
certificates)
 Passport of I-94 (only if client has these)
 Govt. issued form of photo identification
 All prior work permits
 Translator (non-relative, over age 18, with photo ID)
Sample VAWA Case
Maria is a 32 year old Mexican citizen who entered the
United States without inspection in 1997. She has not
left the U.S. since entering at that time. In 2002, Maria
married Alberto who is an LPR, and together they have
two U.S. citizen children. Maria also has another child
from a previous relationship who was born in Mexico.
Maria’s husband was physically and verbally abusive
throughout their marriage. Alberto always threatened
her with calling immigration and never filed any papers
for her. In December of 2008, Maria obtained an order
of protection and moved into a domestic violence shelter.
Maria is now seeking a divorce.
History of U Visa
 The U Visa for non-citizen victims of crime was created in October
2000 as part of the Victims of Trafficking and Violence Prevention
Act “VTVPA” See INA § 101(a)(15)(U)
 Alien victims may not have legal status and, therefore may be
reluctant to help in the investigation or prosecution of criminal
activity for fear of removal from the United States.
 The U visa was created to strengthen the ability of law enforcement
agencies to investigate and prosecute cases of domestic violence,
sexual assault, trafficking of aliens and other crimes while offering
protection to victims of such crimes.
 Provides a mechanism to remain in the U.S. to assist in an
investigation/prosecution of those who have perpetrated crimes
against them.
Legal Basis
 Victims of Trafficking and
Violence Protection Act, Pub. L.
106-386, October 28, 2000
 INA § 101(a)(15)(U)
 8 CFR § 214.14
 Trafficking Victims Protection
Reauthorization Act, Pub. L.
108-193
 Violence Against Women and
Department of Justice
Reauthorization Act, Pub. L.
109-162, January 5, 2006
U Interim Relief
 Regulations implementing the U
nonimmigrant status provisions of the INA
were not published until September 2007.
 Before the regulations were published,
USCIS established a program to provide
interim relief to those who appeared to be
eligible for U nonimmigrant status; this was
in the form of deferred action and
employment authorization.
 Between October 28, 2000 (date of
enactment for VTVPA) and October 17,
2007 (effective date of U visa regulations),
USCIS granted 10,846 individuals interim
relief.
Benefits & Limitations
 Can apply for adjustment after 3 years in U
nonimmigrant status
 Annual cap of 10,000 per fiscal year
 Can apply for family members. Derivative
Relationship must exist at the time I-918 filed, at
time adjudicated, and at time of admission.
*Exception: Qualifying family members who
were granted interim relief may use their age on
the date of the U interim relief filing to prove
eligibility
http://www.uscis.gov/files/pressrelease/AFMUpd
ate_Ch39.pdf
 Victim prohibited from petitioning for derivative
U status for family member who committed
battery, extreme cruelty or trafficking against
victim which established eligibility for U status
U Visa Requirements
 Immigrant suffered substantial mental or physical abuse as a
result of having been a victim of certain criminal activity; and
 Immigrant (or in the case of a child under 16, the parent or
guardian) possesses information concerning that criminal
activity; and
 The criminal activity violated U.S. law or occurred in the U.S.;
and
 The immigrant has been helpful, is being helpful, or is likely to
be helpful to a Federal, State or local authority investigating or
prosecuting the crime
 INA § 101(a)(15)(U); 8 CFR § 214.14
*Any credible evidence standard applies
Qualifying Criminal Activity
Involves one or more of the following or
any
similar activity in violation of Federal,
State,
or local criminal law:
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Rape
Torture
Trafficking
Incest
Domestic Violence
Sexual Assault
Abusive Sexual Contact
Prostitution
Sexual Exploitation
Female Genital Mutilation
Being Held Hostage
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Peonage
Involuntary Servitude
Slave Trade
Kidnapping
Abduction
Unlawful Criminal Restraint
False Imprisonment
Blackmail
Extortion
Manslaughter
Murder
Felonious Assault
Witness Tampering
Obstruction of Justice
Perjury
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Includes attempts, conspiracy, or
solicitation to commit any of the
above.
U Visa Certification
(Form I-918, Supplement B)
 Certification required
 Must be completed and signed by the head
of the certifying agency or any person
specifically designated by the head of the
agency to sign such certifications, or a
Federal, State, or local judge
 Certification must have been signed within 6
months immediately preceding the
submission of the petition package
 Will not be conclusive evidence of any of the
eligibility requirements.
Victim who has suffered substantial physical
or mental abuse as a result of qualifying
criminal activity
 Not a list of specific statutory violations; list of general
categories of criminal activity
 May occur during the commission of non-qualifying criminal
activity (ex. Embezzlement investigation)
 Regulation states that any “similar activity” may be a
qualifying crime. Applies to crimes where the nature and
elements are substantially similar to the statutory list (e.x.,
sexual exploitation and video voyeurism)
 Applicant would need to provide evidence demonstrating
how the criminal activity of which he/she is a victim is
substantially similar to one of the listed crimes
Definition of Victim
Direct Victim
 Generally defined as one who is directly and proximately
harmed by qualifying criminal activity
 Can include bystanders
 Those who witness violent crime and suffer unusually direct
injury. (Ex. Pregnant woman who witnesses violent crime)
Indirect Victim
 Criminal activity includes murder & manslaughter,
obstruction, perjury, and witness tampering
 Direct victims are deceased in murder and manslaughter
crimes, or are incompetent or incapacitated
 Obstruction, perjury and witness tampering are not crimes
against a person
Possession of Information Concerning
the Qualifying Criminal Activity
 Must have knowledge of the details (specific facts) that
would assist in the investigation or prosecution
 If victim less is than 16 years or incompetent/incapacitated, a
parent, guardian, or next friend may possess info
 Look at age of victim on date qualifying criminal activity first occurred to
determine whether exception triggered
 “Next Friend”: person who appears in a lawsuit to act for the benefit of
an alien who is under 16 or incompetent or incapacitated; not a party to
legal proceeding and not appointed guardian; cannot qualify for U visa
on own simply on this basis
Helpfulness in Investigation
or Prosecution of Qualifying Criminal
Activity
 Helpful means: assisting law enforcement in the investigation
or prosecution of the qualifying criminal activity of which
he/she is a victim
 Those who refuse to assist after reporting the crime are
excluded from eligibility
 Requires an ongoing responsibility on the part of the
petitioner to be helpful, assuming there is an ongoing need
for the petitioner’s assistance
 Exception for those under 16 or incompetent/incapacitated;
same as for possession of information requirement
Criminal Activity that Violated U.S.
Law or Occurred in the United
States
 Violation of U.S. Laws – distinction is not based on
which laws are violated (foreign or U.S.) but rather
where the violation occurred; if the violation of U.S.
laws occurred outside the U.S. and violates a
federal statute that specifically provides for
extraterritorial jurisdiction, it may be deemed to
have “violated U.S. law”
 Generally requires a nexus between criminal activity and U.S. interests
 Example is sex tourism statute
 Prosecution does not need to occur as may be difficult to extradite
defendant
U Visa Derivatives
 If the victim is under 21 (at
the time of filing):
 Parents
 Siblings under 18 at the time the
application is filed
 If the victim is over 21 (at the
time of filing):
 Spouses
 Unmarried children
*Exception for those with U interim relief
Inadmissibility
 An inadmissible principal or derivative
petitioner is not eligible for U status unless
waiver (Form I-192) is granted
 INA 212(d)(14) and INA § 212(d)(3) authorize
waiver of all grounds found under INA §
212(a) (except 212(a)(3)(E) – participants in
Nazi persecutions, genocide, acts of torture,
or extrajudicial killing) if it is in the public or
national interest
 Waiver request is made on Form I-192 which
costs $545.00. Applicant may request waiver
of this fee if can demonstrate “inability to
pay.” See 8 CFR § 103.5(c)(5).
Applicants in Removal
Proceedings
Alien in removal proceedings may seek
agreement of ICE to file a joint motion to
terminate proceedings w/o prejudice while
petition being adjudicated; solely in ICE’s
discretion.
Applicants with prior orders of removal:
 Administrative orders will be canceled by
operation of law upon U visa approval
 IJ orders will need to be reopened and
terminated upon U visa approval
See 8 CFR § 214.14(c)(5)(i)
Gathering
Information
Client Intake
• Is client a victim of qualifying criminal
activity?
• Did client suffer substantial mental or
physical abuse?
• Did client cooperate with law enforcement in
investigation or prosecution?
• Get client’s complete immigration history
(A#, prior deportation, all entries, exits, etc.)
• Get client’s complete criminal history
Gathering
Information
 Intake, continued
 Does client have any qualifying derivatives?
i.e.children/spouse/parents (here or in home country)
 Get data on all derivatives
 Dates of birth
 Countries of birth
 Names
 Immigration Status
 Where are they living
 Criminal history
 Make no assumptions – ask questions!
Documents Needed
 Identity of applicant (and qualifying
derivatives: children, non-abuser
spouse, parent)
 Passports and visas/I-94 cards
 Birth certificates
 Waiver of passport requirement available on Form
I-192 (if applicant in the U.S.); if outside of the U.S.,
must file waiver request on Form I-193.
 Any documentation from USCIS
 Proof of physical/mental abuse
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Applicant’s affidavit
Photos
Police reports
Protective/restraining orders
Medical records/psychological evaluation
Letter from counselor
Intake records from shelter
CPS reports
Affidavits from secondary sources
Documents: The Affidavit
 Should be in applicant’s own words
 Must address key issues
 Applicant’s identity and derivatives
 Substantial physical/mental abuse
 Knowledge and Information about the
crime
 Cooperation/helpfulness with law
enforcement/prosecution
 Include supplemental answers for
questions on Form I-918 and provide
information to support request for
waiver of inadmissibility (including
hardship/good moral character factors)
 Needs to be translated to English
 Must be signed and notarized
Filling Out Form I-192
Question 7 – N/A
Question 8 – N/A
Question 9 – N/A
Question 10 – Permanent/Indefinite
Question 11 –
 If applicant in US: I am already in the United States and
I am filing this I-192 in connection with my Petition for U
Nonimmigrant Status on Form I-918 to work and live in
the US as permitted by the U visa and eventually adjust
status to that of legal permanent resident.
 If applicant out of US: I am filing this I-192 in
connection with my Petition for U Nonimmigrant Status
on Form I-918 to work and live in the US as permitted
by the U visa and eventually adjust status to that of
legal permanent resident.
 Specify the activity that makes applicant inadmissible: “I
entered without inspection,” “I entered without inspection
after accruing one year of unlawful presence,” “I entered
without inspection and in 1998 I was convicted of…”
 Practice Tip: Cross off “212(d)(3)(A)(ii)” and write in
“212(d)(14)” INA section for U visa waiver of inadmissibility
 Include in U visa affidavit hardship factors and good moral
character to show that it is in the “public or national interest”
that applicant be granted a waiver for ALL inadmissibility
factors triggered
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Putting the Application
Together
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Detailed, argumentative cover letter and index of documents
G-28, Representation form
Form I-918, U visa application
Form I-192, Waiver of inadmissibility ($545 or fee waiver request), if
necessary
Signed I-918, Supplement B (certification form)
Evidence that supports requirements
 If I-192 waiver of inadmissibility is being included, will need to
include evidence that supports “national or public interest”
Signed and notarized affidavit from victim
$80 Biometric fee (or fee waiver)
EAD (I-765) does not need to be requested for principal applicants, as
included in I-918
*Form I-918A for Derivatives (must file separate I-765, Employment
Authorization app.)
Practical Matters
Practical Matters
 Where to File:
U.S. Citizenship & Immigration Services
Vermont Service Center
Attn: U Visa Unit
75 Lower Welden Street
St. Albans, VT 05479-0001
 Application Packet Should Be:
 Two-hole punched at top and
secured with metal-pronged
fastener
 Sent via certified mail or
overnight delivery
 Fees
 Must be in form of money order
and payable to “Department of
Homeland Security”
What Happens Next?
 You should receive a receipt notice for each application filed
from USCIS within approximately two months
 Client and derivatives in the U.S. will receive a biometrics
appointment
 For clients with derivatives out of U.S. → Client will receive
RFE with FBI print card to send to derivative. Derivative can
get prints taken at U.S. embassy and embassy officials will
process the prints and send to VSC.
What Happens Next?
(Cont’d)
 USCIS Decision
 Processing times have not been published
 As of Jan. 2009 USCIS Ombudsman report, only 2 full-time
adjudicators processing over 12,000 applications and only approx. 80
applications have been adjudicated (approx. 10% denied or rejected)
 U visa petitions are adjudicated based solely on the documentation
provided
 No interview
 USCIS may request additional evidence
 Even if they request evidence already submitted – resubmit it, along with
additional evidence to prove the point in question
 When U visa is approved, applicant will receive approval notice, work
permit for four years
 Travel Issues*
 Eligible for adjustment with three years of U status
U Adjustment of Status
Eligibility Requirements
 Admitted to the United States in U status
 Continues to hold U status or accrued at least 4 years in
U interim status and files for adjustment within 120 days
of the approval of the I-918 (can apply prior to approval)
 Continuous physical presence (CPP) for 3 years (no
departures of more the 90 days at a time or 180 days in
the aggregate) – exception if LEA certifies necessity
 Not inadmissible under 212(a)(3)(E) (not a Nazi,
perpetrator of genocide, torturer)
 Has not unreasonably refused to provide assistance to
LEA responsible for investigation/prosecution of the
qualifying crime, based on affirmative evidence
See INA § 245(m); 8 CFR § 245.24
Sample U Visa Case
Ana is an 18 year old woman from Guatemala who
entered the U.S. without inspection in 2002. In 2008, Ana
was a victim of repeated instances of domestic violence at
the hands of her undocumented boyfriend, Manuel. Ana
called the police on three occasions and obtained an
emergency civil order of protection which expired in
December of 2008. Ana has not pressed charges against
her abuser. Ana lives with her parents and her 14 year old
brother, Juan.
Other Resources
 Immigration Court: (800) 8987180
 Vermont Service Center (for
representatives only): (802) 5274888
 Chicago Domestic Violence
Helpline: (877) 863-6338
 National Domestic Violence
Helpline: (800) 799-7233
NIJC Staff
Contacts
Heather Benno, Staff Attorney (for VAWA cases)
hbenno@heartlandalliance.org or 312-660-1615
Melissa Untereker, Supervising Attorney (for U visa cases)
muntereker@heartlandalliance.org or 312-660-1616
Megan Baumann, Pro Bono Coordinator (for non-legal
questions or for case assignment requests)
mbaumann@heartlandalliace.org or 312-660-1307
Contact NIJC
National Immigrant Justice Center
208 South La Salle Street, Suite 1818
Chicago, Illinois 60604
(312) 660-1370
www.immigrantjustice.org
Thank you to Winston & Strawn LLP for
hosting this training and providing the
materials.