ASISTA Practitioner`s Tips on VSC Advisals & Updates (Spring 2011)

Report
2011 SPRING STAKE HOLDERS CONFERENCE
ASISTA PRACTITIONER’S TIPS ON
VSC ADVISALS & UPDATES
PRESENTED BY GAIL PENDLETON &
SONIA PARRAS
GOALS
• OVERVIEW OF U VISA AND SELF PETITION
ISSUES DISCUSSED WITH CIS
• PROVIDE PRACTITIONER’S TIPS ON NEW
DEVELOPMENTS AND UPDATES
Overview
• General process issues
• Hottest topics
• Practice Pointers & Q & A
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
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
 [email protected],
[email protected]
 USCIS, VSC, 75 Lower Welden St., St. Albans, VT 05479
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
TPS and U visas
• Applicant can re-register for TPS even if U nonimmigrant 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
Processing Abroad Problems
 Big Problem: Delays make approved Us ineligible to
adjust
 Scott Whelan at CIS helps navigate DOS problems
 [email protected]
 DNA testing
 Reviewing Inadmissibility
 Note VSC will swiftly decide new unlawful presence
 Fingerprint delays
 Contact consulate/ info- Jessica Farb @
[email protected]
 VSC provides 2 requests for fingerprints
 MTR or MT Reconsider if denial due to abandonment
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
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
Ongoing Discussions: Contact Us
 Derivative Status Measurement Date: Current
position
 If no interim relief, date of adjudication = date status
measured
Backdating proposal
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LPR & U VISAS
Bona Fide implementation of EADs
ICE policies on not removing & joining motions
Us from labor context
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
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
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)
MOST RECENT ISSUES
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Systems Updates
Policy updates
U visas
VAWA
Trafficking issues/visas
NEED TECHNICAL ASSISTANCE?
www.asistahelp.org
[email protected]
[email protected]
[email protected]
Membership: [email protected]

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