ASISTA PRACTITIONER’S TIPS ON VSC ADVISALS & UPDATES PRESENTED BY GAIL PENDLETON & SONIA PARRAS

1. ASISTA PRACTITIONER’S TIPS ON VSC ADVISALS & UPDATESPRESENTED BY GAIL PENDLETON & SONIA PARRAS 2011 SPRING STAKE HOLDERS CONFERENCE

2. GOALS • OVERVIEW OF U VISA AND SELF PETITION ISSUES DISCUSSED WITH CIS • PROVIDE PRACTITIONER’S TIPS ON NEW DEVELOPMENTS AND UPDATES

3. Overview • General process issues • Hottest topics • Practice Pointers & Q & A

4. NUMBERS AND GROUP CASES • T visas • Processing T filed before 10/14/2010 • Processing AOS filed before 7/23/2010 • U visas • Processing I-918 filed before 10/31/2010 • As of 3/23/2011 5,400 U visa ppal adjudicated • Processing AOS before 10/08/2010

5. FILING ISSUES • New I-918 not yet available • Group filing • For incarcerated/institutionalized petitioners, VSC has usually been able to accommodate them for biometrics and get local law enforcement to do • Supplemental filings- wait for RFEs • Ways to contact VSC: • VAWA Hotline – 802/527-4888 • hotlinefollowupI918I914.vsc@dhs.gov, hotlinefollowupI360.vsc@dhs.gov • USCIS, VSC, 75 Lower Welden St., St. Albans, VT 05479

6. U VISAS UPDATES • CAP Issues • Reached cap in July • After U visa for principal approved, derivative will need to transition from EAD c14 to c 20 • DA only issued until 12/2010 in anticipation for processing backlog U visas after October 1 2010 • Accrual of 3 years continuous presence will ONLY count as of issuance of U visa • Interim relief grants counted in 2010, not year IR granted

7. TPS and U visas • Applicant can re-register for TPS even if U non-immigrant visa approved (I-918 or I-918A) • 8 CFR 244.2(f)(2)(i) • U visa places applicant on track for AOS and it does not preclude applicant from accessing TPS

8. Processing Abroad Problems • Big Problem: Delays make approved Us ineligible to adjust • Scott Whelan at CIS helps navigate DOS problems • Scott.Whelan@dhs.gov • DNA testing • Reviewing Inadmissibility • Note VSC will swiftly decide new unlawful presence • Fingerprint delays • Contact consulate/ info- Jessica Farb @ jfarb@iibayarea.org • VSC provides 2 requests for fingerprints • MTR or MT Reconsider if denial due to abandonment

9. Passport Requirement Waiver • I-193 can be filed and approved by VSC • TIP- in spite of approval, Department of State will determine whether waiver of passport is “valid” for purposes of traveling from abroad • I-192 can include request to waive passport requirement if filing in the USA so, no need to file an I-193 in addition unless applicant is abroad

10. EXTENSION OF STATUS • Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (Form I-539) Revisions to Adjudicator’s Field Manual (AFM), New Chapter 39.1(g)(2)(i) (AFM Update AD10-08) June 2010 • 8 CFR 214.14(g)(2) permits a derivative U nonimmigrant to request an extension of status using Form I-539 when the derivative is unable to enter the United States timely due to a delay in consular processing. • To preserve the derivative family member’s eligibility to adjust status, the VSC may approve a Form I-539 to extend U nonimmigrant status for a derivative family member whose initial period of stay is less than four years. The extension should not exceed four years in the aggregate. • I-539 & 765 can be filed together and will be adjudicated together • Not anticipating that applicant may need multiple I-539 • Length of time of extension currently under discussion

11. Ongoing Discussions: Contact Us • Derivative Status Measurement Date: Current position • If no interim relief, date of adjudication = date status measured Backdating proposal • LPR & U VISAS • Bona Fide implementation of EADs • ICE policies on not removing & joining motions • Us from labor context

12. Framing Crimes Not on the List • Category is better than “similar” • Depends on “the wording of the essential elements of the codified crime and the other evidence provided in the record” • E.g., robbery may fall under felonious assault; many things may be DV crimes depending on facts • Certifying official should explain facts that meet codified crime definition • Smuggling and fraud do NOT WORK; must find enumerated crime for facts in case

13. ADJUSTMENT OF STATUS- U • Medical exams are required • I-929 processing cases with no age-out issues, waiting on guidance for age out group • Not subject to grounds of inadmissibility as U visa derivative at AOS but will need to show that continued presence in the US is justified on humanitarian grounds, to ensure family unity or is otherwise in the public interest • No helpfulness requirement but can write statement stating that they have not been asked for assistance or would not refuse to collaborate if asked • AOS derivatives are “tied” to U visa principal (unliked U derivs with their own Us) so status depends on principal’s status • Family unity is the central factor re hardship, 8 CFR 245.24(g)(3), will also need statement from qualifying member re discretion

14. OTHER TOPICS • VAWA 21 – 25 category • VAWA Adjustments, Inadmissibility • File 601 with VSC but can’t adjudicate • VAWA Reinstatement of Removal • CIS HQ will help educate districts • Let’s try filing 601 & I-212 at VSC (work with us)

15. MOST RECENT ISSUES • Systems Updates • Policy updates • U visas • VAWA • Trafficking issues/visas

16. NEED TECHNICAL ASSISTANCE? www.asistahelp.org questions@asistathelp.org Gailpendleton@comcast.net Sonia@asistahelp.org Membership: asistantmanager@asistahelp.org