Does my client need an I-192? U visas and inadmissibility issues Presented by Gail Pendleton & Sonia Parras This project is supported by Grant No. 2009-TA-AX-K009 awarded by the United States Department of Justice, Office on Violence Against Women. The opinions, findings, and recommendations expressed in this document are those of the author(s) and do not necessarily reflect the views of the United States Department of Justice, Office on Violence Against Women. Copyright © 2011 ASISTA All rights Reserved. GOALS 1. KNOW WHEN YOUR CLIENT NEEDS THE I-192 2. HOW TO PREPARE THE PACKAGE ON I-192 U VISA CASES 3. POTENTIAL CHALLENGES AND HOW TO ADDRESS THEM What the I-192 does for your client? • It allows inadmissible non-immigrant applicants to apply for advance permission to enter the United States temporarily THE BASICS • Grounds of inadmissibility in immigration law apply to anyone requesting admission into the country – Admission- no literal meaning • If any of these grounds apply, the applicant must file an I-192 waiver. – Until the alien turns 18, no unlawful presence is counted • The recent trend seems to be that applications filed with the I-192 have a better chance of faster adjudication than those filed without the I-192. THE BASICS • For an alien who is otherwise not permitted to enter the United States to apply for permission to temporarily enter the United States • Size 2 Pages + Instructions • Edition Date 01/15/2009, Previous editions not accepted 7/30/07 edition will be accepted through 2/20/09 only • Where to File USCIS Local Office with jurisdiction over the port of entry where the alien will enter the United States. For U visas Vermont Service Center Filing Fee $545- may be waived Cont. • Grounds of inadmissibility can be found in the Immigration and Nationality Act (INA) section 212(a). • The statutory and regulatory basis and relevant provisions for the I-192 form can be found in – INA section 212(d)(3)(A)(ii) – Title 8 Code of Federal Regulations (CFR), part 212.4(b); – INA section 212(d)(14), – and 8 CFR 212.14 & 17 Flagging inadmissibility • What do you ask to ferret out problems? • What are most common problems? Common inadmissibility problems • Entries and exits • Manner of entry • Encounters with DHS Cont• Fraud • Public charge • Crimes KEY ISSUES FOR CIS TO CONSIDER THE WAIVER 1. “ Favorable vs. Unfavorable factors” 2. The “ National and public interest” 3. Violent acts require extraordinary circumstances • If convicted of crimes: – – – – Name of the crime Explain date & place of commission of EACH crime final disposition & court that issued sentence Rehabilitation and positive factors General Factors to consider; National and public interest • Denying U visas because of certain grounds of inadmissibility undermines congress intent to protect vulnerable victims • Victims will not be willing to report crimes for fear of deportation. • Wrong message sent to victims that gather the courage to report or assist in investigation of crimes • Diminishes the capacity of law enforcement for community policing • Some applicants may still be assisting the prosecution or with the investigation and they may be needed in the future as well • SEE CHART Additional factors and arguments EXTREME HARDHIP FACTORS * The nature and extent of the physical or psychological consequences of abuse; • The impact of loss of access to the United States courts and criminal justice system (including, but not limited to, the ability to obtain and enforce orders of protection, criminal investigations and prosecutions, and family law proceedings or court orders regarding child support, maintenance, child custody, and visitation); • The likelihood that the batterer's family, friends, or others acting on behalf of the batterer in the home country would physically or psychologically harm the applicant or the applicant's child(ren); Additional factors and arguments • 4) The applicant's needs and/or needs of the applicant's child(ren) for social, medical, mental health or other supportive services for victims of domestic violence that are unavailable or not reasonably accessible in the home country; • (5) The existence of laws and social practices in the home country that punish the applicant or the applicant's child(ren) because they have been victims of domestic violence or have taken steps to leave an abusive household; and • (6) The abuser's ability to travel to the home country and the ability and willingness of authorities in the home country to protect the applicant and/or the applicant's children from future abuse. 8 C.F.R § 1240.58(c). Note that the usual factors considered for extreme hardship, see 8 C.F.R. § 1240.59(b) are not generally helpful for victims of crimes. . Requirements • • • • Biographic information Filing fee or fee waiver Fingerprints CAREFUL WITH CONVICTIONS More on the I-192 • Approved only until the date stated on approval- for U visas 4 years • It can be revoked • The grounds of inadmissibility disclosed and listed on the form are the only ones waived. Therefore, if not disclosed= not waived! Putting it all together… • • • • Cover letter with your argument G-28 Form I-192 Fee or Fee waiver – Show economic need • Biographic info – birth certificate/passport • Any evidence of positive factors to overcome inadmissibility grounds stated – Letters from witnesses re: rehabilitation, fear of persecution by abuser or retaliation by perpetrators, personal statement, etc