U-Visa Relief
New
Regulations
Notes from Q&A
with DHS officials on the U Visa interim regulations at the National
Network to End Violence Against Immigrant Women Conference in
November
Department Of Homeland Security
released corrections to the new
U-Regs regarding fees: there are no fees for form I-918A
and B, however, biometrics fees still apply.
Department Of Homeland Security
Document Issued regarding new U-Visa Regulations. DHS Docket
Number USCIS-2006-0069 RIN 1615-AA67:
New Classification for
Victims of Criminal Activity; Eligibility for "U" Nonimmigrant
Status.
U-Visa Interim Regulations Fact
Sheet and Guidance: A fact sheet by the National Network
to End Violence Against Immigrant Women for experienced
practitioners regarding the new interim regulations for the U-Visa.
U-Visa form
and instructions.
The 7th Circuit found that it lacked jurisdiction to review a
decision by Citizenship and Immigration Service (CIS) to deny claim
for U visa after Immigration Service (CIS) had issued Final
Administrative Removal Order (FARO), finding that the appellant had
failed to exhaust her administrative remedies by not claiming a
right to interim “U” visa relief prior to ICE’s issuance of the
FARO. Fonseca-Sanchez v.
Gonzalez Case No. 06-2387 7th Cir., April 13, 2007.
Policy Memo HQINV 50/1
from Michael Cronin dated August 30, 2001: This memo outlines field
policies for T- and U-Visas. It gives definitions of key terms and
instructs that persons who are potentially eligible for this type of relief are
not to be removed until such time as their applications can be adjudicated.
In addition it gives preliminary instructions as to who may be eligible for
relief through the T- and U-Visa.
U Visa Manual 2006:
A brief manual for practitioners on filing U-Visa applications.
Policy Memo HQPRD 70/6.2 from Michael
Ayerts dated January 6, 2006: This memo adds subsections to the
Adjudicators Field manual stating that U-Visa applicants that are approved will
be considered approved as of the date that interim relief was first granted.
Additionally, derivatives of U-Visa recipients will not be subject to the 10,000
visa limit, but cannot be approved until the primary applicant is approved.
Policy Memo ERDIR 70/6.2-P
from Scott Blackman dated May 23, 2002: This memo outlines field policies
for T- and U-Visas. It instructs that persons who are potentially eligible
for this type of relief must not be removed until they have had the opportunity
to have their applications adjudicated. The attached memo instructs that
potential U-Visa applicants can be given deferred action for a period of up to
one year.
Client Letter #1 (English):
Letter in English explaining to client that their case is pending due to a lack
of regulations.
Client Letter #1 (Spanish):
Letter in Spanish explaining to client that their case is pending due to a lack
of regulations.
Memo to Director of VSC by William Yates
dated October 8, 2003: This memo states that U-Visa applications are
to be processed at the Vermont Service Center. It outlines what is
required to be submitted with the U-Visa application, types of applications that
should generally NOT be given deferred action, the requirements for the U-Visa
certification, and an outline of what procedures will be once U-Visa regulations
have been published.
Renewal
Letter #1: Letter to VSC requesting an extension of deferred action
and renewal of Employment Authorization Documents.
Derivative Letter #2: Letter to VSC requesting an extension of
deferred action, Employment Authorization, and a fee waiver.
Application Letter: Letter to VSC requesting U-Visa and deferred
action until regulations are promulgated.
Derivative Letter #1:
Letter to VSC requesting Derivative Status for child of U-Visa
applicant with deferred action.
Memo HQOPRD 70/6.2 by William Yates
dated May 6, 2004: This memo states that VSC shall have jurisdiction
to grant deferred action for U-Visa applicants in removal proceedings and
outlines the procedures that should be followed in cases when the U-Visa
applicant is in removal proceedings.
Biographic Information Form: This form is to be used for deferred
action recipients with pending U-Visa cases when they apply for Employment
Authorization.
Fact Sheet: Collection of
Quick Reference Fact sheets created by the Immigrant Legal Resource Center.
Page 5 contains a U-Visa specific fact sheet.
Comments by
NIP: Comments by the National Immigration Project of the National
Lawyers Guild submitted to USCIS regarding U-Visa regulations.
FAQ: An FAQ sheet put together by
the National Immigration Project of the National Lawyers Guild regarding the
U-Visa.
How To Obtain U
Interim Relief: A Brief Manual on obtaining U Interim Relief by Sally
Kinoshita.
Sample Motion to Terminate Proceedings:
A sample motion to terminate proceedings due to the grant of deferred action
under the U-Visa.
Real ID memo: Memo
from Kim Curtis to Joanne Lin with Legal Momentum dated March 26,
2007, regarding potential issues in the proposed Real ID regulations
that effect abused immigrant women
motion
INA § 101(a)(15)(U)
Uvisa/New_U visa filing w citation for eligibility.doc
Uvisa/Policy_Memo_-_Cronin_-_8-30-01.pdf
XXXXXXXXXX, 2003
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