u visa check list - client meetings

8/6/2019 U Visa Check List - Client Meetings

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U visa or nonimmigrant status check listPreparing a Petition for U Nonimmigrant Status on Form I-918

(prepared by Sanctuary for Families)

Actions for initial client meeting:

Review client checklist.1 Be sure to record: Safe home, cell, work and alternative telephone numbers;

Safe mailing address;

Safe e-mail (if any);

Alien numbers for all family members who have them; and

Social security numbers for all family members of who have them.

Check whether there are any pending or final immigration proceedings against U petitioneror derivative family members by dialing 1 800 898 7180.

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Have client sign releases (both general3 and Health Insurance Portability andAccountability Act (HIPPA)4) to facilitate obtaining records.

If a Freedom of Information Act (FOIA) request has not previously been filed with U.S.Citizenship and Immigration Services (USCIS), one should be filed on Form G-639 withthe National Records Center/ PO Box 648010/ Lees Summit, MO 64064.5

If USCIS does not have a current, safe address on file, a Change of Address on Form AR-11 with a safe address (which may be legal or social service agency office) should be filedwith USCIS/ Change of Address/ PO Box 7134/ London, KY 40742-7134.

For men who are between the ages of 18 and 26, if Selective Service (the draft)registration form has not previously been filed, one should be filed on-line at www.sss.gov.If the would-be registrant does not have a social security number, the web site shouldredirect the would-be registrant to a paper form that can be printed out. If no such formappears, then the would-be registrant should be directed to a local post office to obtain aregistration card to be mailed in.

Any U petitioner (primary or derivative) who entered without inspection (EWI), believes heor she may have previously been in immigration proceedings or ordered removed or has a

1 A model client checklist is available on the probono.net/ny/family web site (registration is free) in the library underimmigration is available at: http://www.probono.net/ny/family/library.cfm?fa=detail&id=165327&appView=folder.

2 If noncitizen has a final exclusion, deportation or removal proceedings and has not been granted deferred action oranother form or post-order protection from execution of the order, you may wish to file for a stay of removal.

3 A model release is available on the probono.net/ny/family web site (registration is free) in the library under immigrationis available at http://www.probono.net/ny/family/library.cfm?fa=detail&id=160956&appView=folder.

4 An example of a generic HIPAA release that also complies with New York state laws is available as a fillable form athttp://www.nycourts.gov/forms/Hipaa_fillable.pdf.

5 In most circumstances, it will not be necessary to wait for the results of a FOIA before filing the U nonimmigrant statuspetition. This is particularly true if an application for interim U relief has already been filed.


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Note that most, but not all, grounds of inadmissibility may be waived under INA 212(d)(14). If a U petitioner or derivative family member may be subject to a ground ofinadmissibility, the likelihood of success of a waiver of the ground(s) of inadmissibility filedon Form I-192 should be considered in light of the regulations at 8 CFR 212.17.

Interview the client to learn clients story, including relevant immigration history, qualifyingcrime(s) of which he or she has been a victim, nature of cooperation with investigating or

prosecuting authorities and substantial harm suffered. Review Form I-918 and any answers that might require an explanatory affidavit. Review Form I-192, if it will be filed, and review sympathetic nature of the circumstances

surrounding the events which have made the client inadmissible and aspects on theclients life which tend to suggest that USCIS should favorably exercise discretion; suchinformation will be required for an affidavit in support of the I-192.

Review Form I-193, if it will be filed, and the reasons why the noncitizen is unable toobtain a passport.

Review with client the universe of documents to be gathered, including all of those on thepre-meeting check-list and come up with a plan of action, including determining a time-frame, identifying which documents will be gathered and prepared, and who will do thegathering and preparing (i.e., the client, the lawyer, the paralegal or someone else).

Follow-up actions after first and second meetings:

Draft affidavit from U petitioner describing (1) substantial physical or mental abusesuffered as a result of the U crime itself or a series of actions over time, of which the Ucrime was just one of many actions; (2) knowledge of U crime; (3) helpfulness to theinvestigation or prosecution;7 and (4) nature (i.e., domestic violence) and place (i.e. in theUnited States) of U crime.

Draft additional affidavits that may be required to provide (1) additional information onresponses to questions on Form I-918; (2) support for the request for a waiver ofinadmissibility on Form I-192, if such waiver will be filed; and (3) support for the request fora waiver of the passport requirement, if such waiver will be filed.

Gather supporting documents, per discussion at first meeting. For a client who has not previously been granted deferred action through interim relief

under the U statute, obtain a signed Supplement B to Form I-9188 that certifies the primaryU petitioners helpfulness in the investigation or prosecution must be obtained from thehead of a certifying agency (as defined by 8 CFR 214.14(a)(2)), a specific designee of

the head of a certifying agency,9 or a judge.

7 Descriptions should be limited to helpfulness rather than any non-cooperation after such time as a law enforcementagency provides a certification of helpfulness. Post-helpful non-cooperation may be the basis for revoking a U status ornot granting lawful permanent resident status to a noncitizen in U nonimmigrant status. See 8 CFR 214.14(h)(2)(i)(A)(revocation) and INA 245(m)(1) (statutory provisions regarding the granting of lawful permanent resident status to those inU nonimmigrant status).

8 Supplement B to Form I-918 is found at the last three pages of Form I-918 available athttp://www.uscis.gov/files/form/I-918.pdf.

9 If the certifying official is neither a judge nor the head of the certifying agency, the petitioner should include evidenceof the agency heads written designation of the certifying official for this specific purpose. Instructions for I-918,Supplement B, U Nonimmigrant Status Certification.

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Identify which forms are to be filed by reviewing the directions to Form I-918 10 andSanctuary for Families question and answer chart on forms.11

Ensure that you understand the immigration consequences of any interactions betweenyour client and any criminal justice systems in the U.S. or abroad.

Actions for second meeting:

If client has obtained fingerprints, submit to the FBI for background check, per instructionsabove. Review and have all relevant forms signed. Review and have the client sign his or her affidavit(s). Review supporting documents that have been gathered.Actions for final client meeting (which can be either the second or the third meeting):

Confirm that all required forms have been completely filled out and signed. Obtain checks or money orders for all required fees or, for indigent clients, draft fee waiver

requests following the instructions at 8 CFR 103.7(c)(1) for fees that are waivable which,at the time of this writing, include the biometric fee and the fee for Form I-765 required forderivative beneficiaries (but not principal U petitioners) in the U.S. who seek work permits.

Final submission checklist

Brief (one to two page) cover letter;12 Index of documents;13 Signed Form I-918; Biometric fee ($80) in check or money order made out the U.S. Department of Homeland

Security or fee waiver for Form I-918;

Signed Form I-918, Supplement A for each derivative family member; Proof of previous grant of deferred action under interim U relief procedures or original

Form I-918, Supplement B,

Signed in the six months proceeding the filing the I-918;

Signed by:

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a judge; oro the head of the certifying agency; or

10 http://www.uscis.gov/files/form/I-918instr.pdf.11 See Preparing a U nonimmigrant status petition: Which forms will you need? at

http://www.probono.net/ny/family/library.cfm?fa=detail&id=165327&appView=folder.12 See Cover letter accompany U petition submission on the probono.net/ny/family web site (registration is free) in the

library under immigration at http://www.probono.net/ny/family/library.cfm?rootfolder=9302&fa=detail&id=160956&appview=folder.

13 See Model index accompanying Petition for U Nonimmibrant Status on Form I-918 on the probono.net/ny/family website (registration is free) in the library under immigration at http://www.probono.net/ny/family/library.cfm?rootfolder=9302&fa=detail&id=160956&appview=folder.

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oa specified designee of the certifying agency where the designee has supervisoryresponsibilities and the agency head the head has explicitly designated saidcertifier.14

Copies of identity and status documents (passports, birth certificates, marriagecertificates, divorce decrees and death certificates) for petitioner and each derivativefamily member.

Signed statement from U petitioner (or from parent, guardian or next friend where Upetitioner is 15 or younger at time of the crime, incapacitated or incompetent).

Supporting documentation of facts surrounding crime and substantial harm suffered(police, court and hospital records, supporting statements, etc.).

Copies of immigration documents indicating lawful entry, such as I-94 card, if available. Signed Notice of Appearance on Form G-28 (printed out on blue paper) for principal and

for each family member represented.

2 passport photos for I-918 principal petitioner, if he or she wants a work permit. Signed Form I-192 for petitioner and each derivative family member who is inadmissible

under INA 212(a), along with:

Supporting statement an other evidence, if any, supporting request for favorableexercise of discretion;

A check or money order for $545 made out the U.S. Department of HomelandSecurity for each Form I-192 (as no fee waiver available).

Signed Form I-193 for petitioner and each derivative family member who does not have apassport and cannot obtain one, along with:

Supporting statement an other evidence, if any, supporting request for favorable

exercise of discretion and explaining why passport cannot be obtained; A check or money order for $545 made out the U.S. Department of HomelandSecurity for each Form I-193 (as no fee waiver available).

The Petition for U Nonimmigrant Status on Form I-918 and all additional forms and supportingmaterials are submitted to:

VAWA UnitUSCIS Vermont Service Center

75 Lower Welden StreetSt. Albans, VT 05479-0001

Should a legal representative with a G-28 on file need to contact the VAWA Unit post-filing, heor she may leave a voicemail at 1 802 527 4888 or send a fax to 1 802 527 4859.

14 If the certifying official is neither a judge nor the head of the certifying agency, the petitioner should include evidenceof the agency heads written designation of the certifying official for this specific purpose. Instructions for I-918,Supplement B, U Nonimmigrant Status Certification. See, e.g., Kings County District Attorneys Office Certification Letteron the probono.net/ny/family web site (registration is free) in the library under immigration at athttp://www.probono.net/ny/family/library.cfm?fa=detail&id=165687&appView=folder.

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u visa check list - client meetings

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