VAWA

[GhanaMade88 0]

USCIS Reminds Eligible Applicants under Ruiz-Diaz to File Adjustment of Status Application before End of August

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) reminds special immigrant religious workers, who have a pending or approved Petition for Amerasian, Widow(er), or Special Immigrant, (Form I-360), to file their Application to Register Permanent Residence or Adjust Status, (Form I-485), on or before Aug. 31, 2009. Special immigrant religious workers who wish to file a

Form I-360 petition with an I-485 application should also file on or before Aug. 31, 2009.

USCIS is issuing this reminder because the U.S. Department of State recently published its September 2009 Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html), stating that visas for the employment based fourth preference category, which includes special immigrant religious workers, will become unavailable effective Sept. 1, 2009. As a result, USCIS will reject Form I-485 applications submitted on or after Sept. 1, 2009, because an immigrant visa will not be immediately available, as required by INA 245(a).

USCIS will only accept properly filed Form I-485 applications based on pending or approved Form I-360 petitions seeking the special immigrant religious worker classification of either minister (SD-1) or nonminister (SR-1) or I-485 applications filed concurrently with I-360 petitions seeking SD-1 or SR-1 classification through Aug. 31, 2009.

Special immigrant religious ministers, who are not subject to the Sept. 30, 2009 sunset date, and who do not file on or before Aug. 31, 2009, must wait until visas for fourth preference special immigrant religious workers become available before they can apply to adjust status.

Individuals who file a Form I-360 seeking special immigrant religious worker classification (SD-1 or SR-1) with a Form I-485 and/or Form I-765 on or before Sept. 9, 2009, as well as beneficiaries of a pending or approved I-360 petition seeking SD-1 or SR-1 classification, who file a Form I-485 application with appropriate fees and supporting documentation on or before Sept. 9, 2009, will receive protection from the accrual of unlawful presence and unauthorized employment that began after either the filing of the Form I-360 or Nov. 21, 2007, whichever is earlier. For further information regarding the district court’s final order, please refer to the Ruiz-Diaz v. United States legal settlement notices section on the USCIS web site at www.uscis.gov.

Special immigrant religious ministers who file an adjustment of status application during fiscal year 2010, based on an I-360 petition filed before Sept. 9, 2009, will receive protection from the accrual of unlawful presence and unauthorized employment up until Sept. 9, 2009. Periods of unlawful presence and unauthorized employment that accrue after Sept. 9, 2009, and before the filing of the Form I-485, will be counted when determining an alien’s eligibility for adjustment of status.

Customers are encouraged to check the USCIS Web site at www.uscis.gov frequently for updates or call USCIS’ National Customer Service Center toll free at (800) 375-5283.

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http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

What is this? Is it only for religious workers?

dont worry about it itz only for religious workers

[gabriela525 1]

Hi Everybody

Important Info when the I-360/I-485 applications are concurrently filed

VAWA Adjustment Questions

1. When the I-360/I-485 applications are concurrently filed, what is the process for transferring files to the district office for interview on the I-485 after the I-360 has been approved?

Two files are created, an electronic one and a paper file. This may mean that transfers of files may be delayed. There is now a new process wherein the VAWA Unit (instead of the I-485 unit) will ship the file to the local office which should help the transfer process.

PRACTICE POINTER for cases that are not concurrently filed: The Chicago lockbox has been having a lot of problems. Put really big 35 pt type on cover sheet, indicating that it’s a VAWA file.

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Here is the document

DHS Q&A Sessions

Panelists: George Murphy (CIS Vermont Service Center VAWA Unit Supervisory Adjudicator), Michelle Young (CIS Vermont Service Center VAWA Unit Supervisory Adjudicator), Karen Saunders (San Diego CBP Field Operations Supervisor), Dorothy Stefan (Seattle ICE Office of Chief Counsel)

Moderators: Ana Vallejo and Sally Kinoshita, ASISTA

VAWA Questions

1. Can you please give us an update on what the situation is like now at the Vermont Service Center? Who are the supervisors, how many adjudicators, and what hotline numbers we should be using for what?

Currently, in the VSC VAWA Unit, there are 2 supervisors, 25 adjudicators, 4 information officers plus administrative staff. The 802-527-4888 hotline is still used for VAWAs, U visas and T visas.

2. Do you have statistics from 2004 and 2005 on the number of I-360 self-petitions filed, granted, denied and found to be fraud cases?

FY 2004 statistics: 6800 I-360s filed, 5076 approved, 1550 denied.

FY 2005 statistics: 8300 filed, 8300 approved (includes previously pending files), 2205 denied.

Since VAWA passage (thru 3/05): 38,000 filed, 30,672 approved, 7200 denied.

3. How many VAWA cases have gotten referred to ICE for removal? What were some of the reasons for referrals?

Currently, cases are not being specifically referred for removal. Adjudicators do not refer to ICE directly, but post-9/11 checks can lead to priority for referrals.

4. When does CIS plan to update its VAWA-related regulations?

According to headquarters, as soon as they can be reviewed and approved.

NOTE from ASISTA: VAWA ’05 required that DHS issue regulations on both VAWA 2000 and 05 within six months (from January). We know the VAWA personnel are working hard to do this, but it’s a big job for one person, so we ask the field to be patient. As in the past, we expect internal guidance will hasten implementation of the law while regulations go through their arduous approval process.

5. How long is the backlog on VAWA processing once they receive an application? How long does it take for a work permit to be issued? How long is it taking for prima facie notices to be issued and for final approvals to be issued?

The backlog had been about 8-9 months a year and a half ago. Now the backlog is only about 2 months to get to the first look. Therefore VSC is no longer issuing cursory RFEs in advance of an adjudicative RFE because there’s no backlog.

Timeline: prima facie determination 2-4 weeks, initial review by adjudicating officer 2 months. EADs with ©(9) are even faster. EADs with ©(14) are on the same timeline as the I-360 approval.

6. Re-adjudicating I-360s: Some local offices are re-adjudicating I-360s despite the previous CIS memo. Has there been some policy communicated to the local offices to allow for this? What can advocates do in this case?

There has been no policy change here – local offices should NOT be re-adjudicating the I-360s. What to do: Raise this issue up the chain of command. Use the CIS memo that says they should not re-adjudicate. Then contact ASISTA for assistance.

7. Can VSC confirm whether an abuser has naturalized after approval of an I-360 so the self-petitioner can adjust as an immediate relative?

Privacy issues restrain VSC from doing this. However, advocates can contact VSC via the hotline or in writing to request a revised approval notice if they believe the abuser naturalized. VSC will confirm via all their systems – may not give a specific response but may give a revised approval notice.

8. What should we do if EAD cards are not being received by us or by our clients from VSC? Is there any way to rectify this problem? When this has happened, we have been filing expedited processing requests – which has worked for most part – but there's still a time gap of no valid EAD for client.

Contact the VSC hotline and reference A number and receipt number, if any. Remember: If it’s a first EAD under ©(14), then deferred action is required FIRST. It is OK to file for first EAD under ©(9) when filed with an I-485. It may also be a mailing problem. Please note that there are 2 lines for address if necessary.

9. Is there an internal directive from CIS Headquarters giving VAWA self-petitioners 30 days to file an I-360 from the date of an adjustment interview?

There is no such memo. However, Laura has told some CIS offices to allow at least 30 days for a person to file.

NOTE from ASISTA: We understand the policy to be: When you have an adjustment interview based on an existing I-130 and wish to switch to a 360 as the basis (which we highly recommend), you (a) must notify the local office that you intend to do this (include a 384 notice as well, see Asista website for a sample) and ( file your self-petition within 30 days of that notice. We do NOT recommend waiting for the adjustment interview to give them notice that it’s a domestic violence case covered by the protections of IIRIRA section 384. If you delay filing the 360 beyond 30 days, the local office may deny the adjustment and put your clients into proceedings. If necessary, file a skeletal application explaining why you are doing so, but FILE a 360 WITHIN 30 DAYS of giving the local office notice.

10. What is VSC doing with I-360s who have prior removals and reentered? Are they passing the info on to ICE?

No, VSC is not passing them on to ICE.

11. Is a victim eligible to self-petition under VAWA if the abuser became a LPR after the couple divorced, it has been less than 2 years since the termination of marriage and the divorce was connected to the abuse? The issue here is of the abuser becoming an LPR after the marriage.

No, because the victim would not have a qualifying relationship.

NOTE from ASISTA: The problem here is the divorce. Read INA § 204(a)(1)( (ii)(I)(bb) & (II) closely: The abuser need not be an LPR during the abuse or the marriage (although the abuse must have taken place during the marriage)(I)(bb), BUT the applicant must be married to the abuser at time of filing (II)(aa)(AA) or have been a spouse of an LPR within the past 2 years (II)(aa)(CC). In the hypo, the applicant was divorced before the abuser became an LPR, so she meets neither qualification.

12. Is a victim eligible to self-petition under VAWA if the abuse took place while the spouse was not an LPR, and then the abuser becomes an LPR after the spouses separate? The issue here is where the abuser abuses the victim before getting LPR status; the couple then separates (but doesn’t divorce). So the abuse happened during the marriage, but not while the abuser was an LPR. Is the victim VAWA-eligible?

If the self-petitioner can make the connection for VSC and argue that the abuse continues somehow, she may still be eligible.

NOTE from ASISTA: We don’t think there has to be ongoing abuse. Make the statutory construction arguments in the note above and let us know if you have problems. We will send a note to VSC supporting your statutory argument.

13. Is a victim eligible to self-petition under VAWA if the abuser acquired LPR status after he and the petitioner stopped living together?

Possibly. It depends on a totality of circumstances.

NOTE from ASISTA: Continuing with the statutory analysis: The applicant must “have resided” with the spouse, not an LPR, see (II)(dd). We therefore think the statute permits this, as long as there was abuse during the marriage and one of the abuser’s LPR status conditions apply (see Q 11 note).

14. Is there a way for us to verify with VSC before filing whether an abuser is a LPR, when we know the abuser has had a pending I-485?

No. VSC cannot verify an abuser’s status before the filing of the I-360. They can only do so in conjunction with a filed I-360. Provide ALL of the facts you have and VSC will look hard in their system. The more info that you provide, the better the likelihood that VSC can find someone in the system.

NOTE from ASISTA: The same privacy protections noted in Q 7 apply here. VSC can’t give out information on an individual’s immigration status without that person’s consent (we wouldn’t want them to do this to our clients, would we?). In our experience, however, VSC strives to discover the information and act accordingly. You can tell what it’s discovered by the preference category in which your client is placed upon approval. PRACTICE POINTER: Give as much detail as possible on where (what office) you think the abuser may have gained LPR or naturalized. The centralized data system is not notably comprehensive and VSC can’t check every local office.

15. Can you tell us the status of VAWA I-360s submitted by self-petitioners who qualify because the abusive spouse was deported based on domestic abuse?

Yes, a new memo discussing the required connection is now available on the CIS website. These will be adjudicated on a case-by-case determination.

16. In cancellation cases, can ICE confirm the status of an abuser to determine if the person is eligible for cancellation?

No because of privacy concerns.

PRACTICE POINTER from ASISTA: BUT practitioners have been successful in convincing immigration judges (at master calendar hearings) to require ICE to give them the necessary files so the judge can decide. As with the VSC approach, you’re not asking the IJ to tell you the answer, just to tell you if your client meets the basic eligibility requirements.

17. For states with fault-based divorce, to show connection between the divorce and abuse is it okay if divorce is uncontested?

Yes, you just need to show a connection with other evidence.

18. What is the process for a fee waiver – how are they processed and what should the request include?

Fee waiver requests are flagged and they must be signed off by a VAWA Unit supervisor. They should include information on household income, the number of people in the household, the number of dependents, and receipt of public benefits. Child applicants must also include household information.

19. Under what circumstances will VSC expedite an I-360?

Currently, VSC is processing one-month old cases. It typically takes 6-8 weeks for an adjudication. Since the backlog is virtually gone for now, there shouldn’t be much need to request an expedite. However, if you need one, call the VAWA hotline to request it. In proceedings is a reason to expedite, especially if hearing is coming up soon.

20. When should an EAD renewal be filed?

Ninety days in advance of its expiration.

21. What can we do about denied I-360s?

You can file motion to reopen/reconsider, appeal to AAO or file a new I-360. Use the motion to reopen if you face statutory bars – it’s more expensive but a better option.

PRACTICE POINTER from ASISTA: ALWAYS do a motion to reopen/reconsider. The AAO is not trained on VAWA and its handling of those cases is slow and extremely unpredictable. Contact ASISTA for help with a motion.

22. Are there special procedures for filing if abuser is a DHS employee?

Yes. VSC does not want these I-360s in the computer system. Therefore, FLAG the application in any and all ways. VSC is creating an offline system without national database access. Contact ASISTA to make sure it’s flagged.

Deferred Action Questions

1. Can you explain what the process is now that requires VSC to obtain permission from ICE before granting deferred action to victims with final orders of removal?

A guidance memo came out in June 2005. VSC cannot grant DA to people with prior removals or in proceedings. The consultation process will be same as with U visas. Laura Dawkins (CIS HQ) is working out the details. Clients with prior final orders will NOT be referred for removal automatically.

2. Is there any plan for CIS to review cases that have been granted DA status and who have not adjusted status? In other words, does CIS plan to see if DA applicants have immigrant visas immediately available to them but haven't adjusted?

Currently, VSC can continue to renew DA indefinitely for immediate relatives who can’t adjust or aren’t ready. However, in the future a deadline of 24 or 27 months may be instituted.

VAWA Adjustment Questions

1. When the I-360/I-485 applications are concurrently filed, what is the process for transferring files to the district office for interview on the I-485 after the I-360 has been approved?

Two files are created, an electronic one and a paper file. This may mean that transfers of files may be delayed. There is now a new process wherein the VAWA Unit (instead of the I-485 unit) will ship the file to the local office which should help the transfer process.

PRACTICE POINTER for cases that are not concurrently filed: The Chicago lockbox has been having a lot of problems. Put really big 35 pt type on cover sheet, indicating that it’s a VAWA file.

2. Can you please clarify the procedure to request an adjustment application be held open pending I-360 approval?

The procedure depends on your local office, since different districts have different procedures. PRACTICE POINTER: Make sure to invoke IIRIRA § 384 confidentiality provisions when making the request.

3. Some districts are still experiencing denials of adjustment for pre-4/1/97 VAWA EWIs that don't have the domestic violence nexus to avail of the 212(a)(6)(A)(i) relief. Is there any clear guidance interpreting 245(a) that the district offices receive to allow adjustment for all VAWA EWIs?

Guidance from headquarters should be coming very soon.

4. Do we know if there is any relief on the horizon for self-petitioners with prior removals who face reinstatement at AOS?

OCC is pursuing this issue now. No details available.

ASISTA UPDATE: In VAWA 05, Congress specifically encouraged DHS to use its discretion to grant I-212s (advance permission to re-enter), which overcame this problem in the past. See our VAWA 05 analysis for more details.

5. If an I-360 was approved years ago, can VSC accept the I-485 now?

Yes.

6. How can we help derivatives who are abroad to join the principal?

It’s hard to inform everyone who is involved, even within the US. The local office sends the I-824 to the NVC where it is held until visas are nearly ready, then it is passed to the consulate in home country. If I-824 goes to Vermont, it’s adjudicated by VSC, the approval goes to filer and the consulate should also get info from VSC. Documenting kids abroad from the beginning when you file the I-360 should make things easier. If you run into problems, use the same procedure – go up chain of command and let VSC and Laura know results.

U Visa Questions

[Please note: most questions related to U visas and U interim relief could not be addressed because of pending litigation.]

1. Can advocates use the VAWA Hotline to find out information about the status of U interim relief requests? If not, how do people who haven't gotten a receipt, and therefore no case number, find out what's happened to a case?

Yes, use the VAWA hotline. It will have info on U visa status. Because U interim relief applications do not get a receipt, you cannot use the online system. However, you usually will get an I-765 receipt.

T Visa Questions

1. Will CIS approve a T visa where the Department of Labor investigates the labor violation and is willing to certify by signing the I-914B, but the US attorney’s office and US civil rights division declined to prosecute or refused to sign the I-914B?

Yes, it can be submitted as secondary evidence. An I-914( from LEA is primary evidence but secondary evidence is acceptable.

2. Can DHS waive fingerprinting fees for T visa applications?

No – CIS must pay FBI to run prints, and therefore they cannot be waived. PRACTICE POINTER: fingerprints are valid only for 15 months so make sure to time your request.

3. Can you tell us if there is training for law enforcement agencies, US attorneys or DOJ attorneys regarding the T visa eligibility criteria, evidentiary standard for adjudicating Ts, and the roles of ICE, US attorneys office and CIS in the adjudication process for T visas? What is the training and can we have a copy of training materials?

Walt Laramie used to circuit ride to train agencies. VSC staff was recently retrained. Now each agency trains their own staff. We will ask about obtaining materials.

8. Can a U visa cert be used for a T application?

Yes, as secondary evidence

ASISTA PRACTICE POINTER: Be very clear what you’re doing when you do this. Us are rarely certified for trafficking per se and this can confuse the adjudicator. Congress made even clearer in VAWA 05 that crimes of which trafficking was a part can qualify, but you need to be explicit about this. Show (preferably through the certifier) how trafficking was central to the criminal activity, even if the crime ultimately investigated/prosecuted was something else (e.g, sexual assault/domestic violence).

9. Does continued presence guarantee T approval?

No.

10. Why might Ts be denied if they got continued presence?

Because there are other requirements for Ts that may not be met: extreme hardship, physically presence on account of trafficking, helpful to investigation, unusual or severe harm on removal.

Questions for ICE and CBP

1. What happens if an abuser reports a victim to DHS for removal?

If an abuser reports that the person has a conviction record, ICE will check their systems. If the abuser reports that the victim is undocumented, they will not pursue the person. Otherwise, IIRIRA § 384 confidentiality provisions are not well understood by all agencies.

ASISTA PRACTICE POINTER & UPDATE: In VAWA 05 Congress mandated that DHS (read ICE particularly) must develop and implement policies for dealing with 384 and those protected by it (VAWA, Us & Ts). In the mean time, it is our experience that every ICE office handles the situation differently. Some do, in fact, go after victims who are undocumented; others identify and help victims they encounter; most are somewhere in between. YOU must develop a relationship with your local ICE office, while we work on the national level encouraging them to adopt helpful policies and protocols.

2. How can we access ICE files on detainees?

Contact the detention center or ICE OCC should have file.

3. What should I do if I have a client who tells me she was stopped at the border and does not know what happened? How can I find more information?

Do a FOIA request and an FBI fingerprint check. Border patrol does take fingerprints and photographs of everyone encountered along the Mexico border. They’re voluntarily removed if they have no criminal history. With a criminal history, they will get an expedited removal unless the person requests a hearing. Border Patrol has and keeps temp files.

[Honest 0]

and i also applied for advance parole but it isnt adviseable to leave the country before aos approval if ur previous visa or status has expired....u will get approved for the travel document but be very careful!! pls dont hesitate to ask any more questions!!! good luck!! o one more thing u also have to fill out form I-864W for exemption of the income requirements and dont forget the i-693 medical!!!!![

Ghana: Thank you for the correction for Mona Lisa's question for EAD.

Is there anyway I can apply for Work Permit (Married to a Permanent Resident). I really need EAD.

if you apply for aos you can apply for the ead along with that, im just not sure about the difference if u were married to a citizen or a permanent resident....sorry im not sure...one more thing mona lisa you have to send the whole package to the chicago lockbox

Ghana: Thank you very much. I checked with the Immigration Service - case worker from Catholic Charities community services but they said if you're married to a us citizen then I can apply EAD by © 9 and also I-485 but for permanent resident spouse, I have to wait until my I-360 is approved. no other go.

[Yahya54 4]

gabriela thank you so much you always been helpfull

good info

but you now they never updat my case is that normal . back in november last year they FRE and when i sent they sent me prima facie but they never updat the system im going to the 2nd prima faci and when i chak the

Current Status: Request for Additional Evidence Sent

On November 10, 2008, we mailed a notice requesting additional evidence or information in this case I360 PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.

is this normal to not updat the system i never got any latter say that the i360 rusmed

[gabriela525 1]

Yahya,

Did you send the requested info via registered mail, Fedex or something like that so you can track when they did receive your answer for the additional evidence. If you did that you can call now and try to get an update on your case telling them when they receive the info. If you didn’t send the info via registered mail, what I would do is to write a letter to them saying that is the second time you are sending the info they requested and attach all the evidence you sent the first time, (registered and certified mail)

Best wishes amiga!

Gabriela

gabriela thank you so much you always been helpfull

good info

but you now they never updat my case is that normal . back in november last year they FRE and when i sent they sent me prima facie but they never updat the system im going to the 2nd prima faci and when i chak the

Current Status: Request for Additional Evidence Sent

On November 10, 2008, we mailed a notice requesting additional evidence or information in this case I360 PETITION FOR AMERASIAN, WIDOWER, OR SPECIAL IMMIGRANT. Please follow the instructions on the notice to submit the requested information. This case will be in suspense until we receive the evidence or the opportunity to submit it expires. Once we receive the requested evidence or information and make a decision on the case, you will be notified by mail. If you move while this case is pending, call 1-800-375-5283 to update your address.

is this normal to not updat the system i never got any latter say that the i360 rusmed

[3bvsla 1]

does affidavits of friends and family have to be notarized?

[bubbles14la 1]

does affidavits of friends and family have to be notarized?

Hi, i don't think so. when i sent my affidavits and additional evidence; like my friends and relatives' declaration or my doctor's evaluation, my lawyer never told me that i need to have them notarized.

Good luck to you.

By the way, tomorrow I'm going back to the state where my estranged husband lives. I'm concerned not only for my but my family's well being. If it wasn't that important, I would never go back. Please guys, pray for us.

[EWTN2009 0]

Hi 3bvsla,

I guess they must be notarized. At least that was my lawyer told me and also he requested me to attach copy of their driver license on each affidavit. The following is the format that I used, it's simple but maybe it could help you, in case that you need to resend them again but this time notarized. (One affidavit per person)

AFFIDAVIT

I, ___________________________(Alien # IF YOU HAVE ONE ALREADY or your VISA #, DRIVER LICENSE #), hereby certify under penalty of perjury that the following statement is true and accurate to the best of my knowledge and attested to under the laws of the United States of America.

[ Body of Affidavit]

Name ____________________________________________ Signature ______________________________________________________

County of _________________________________________ State of ______________________________________________________

Sworn and subscribed before me this ________ day of ___________________, 200X. ____________________________________

does affidavits of friends and family have to be notarized?

Edited August 26, 2009 by EWTN2009

[EWTN2009 0]

Bubbles ,

Be with God. I do know how it is and I do know the feeling and pain to cross by the same places you were in the past with your partner. Lately I feel like I'm loosing my faith, hope and strenght, so I'm not even worthy to say it: "The Cross in front me, the World behind me".... God opens our path in misterious ways ....I wish you all the best in your trip and a safety return to your home. Take care!

does affidavits of friends and family have to be notarized?

Hi, i don't think so. when i sent my affidavits and additional evidence; like my friends and relatives' declaration or my doctor's evaluation, my lawyer never told me that i need to have them notarized.

Good luck to you.

By the way, tomorrow I'm going back to the state where my estranged husband lives. I'm concerned not only for my but my family's well being. If it wasn't that important, I would never go back. Please guys, pray for us.

[lostinNJ 3]

You should have all your affidavits notarized, send copy of driver's license for proof of address and copy of US passport, US birth certificate, naturalization certificate or Alien registration number as proof of legal residence

[Honest 0]

FYI

Stand Alone Application Support Centers Change in Schedule

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) Application Support Center (ASC) stand-alone sites will move to a Monday through Friday schedule beginning Nov. 2, 2009. Stand-alone ASCs are those which are not co-located with other federal offices and which previously operated Tuesday through Saturday. All ASCs, both stand-alone and co-located sites, will continue to be open from 8:00 am to 4:00 pm.

All stand-alone ASCs will be closed on Saturday, Oct. 31, 2009 and will reopen on Monday, November 2 under the new Monday to Friday schedule. The last Saturday that stand-alone ASCs will be open for business is Saturday, Oct. 24, 2009.

Application Support Centers capture biometrics – fingerprints, photographs and signatures – in order to verify the identity of and conduct background checks on immigration benefit applicants.

To locate an Application Support Center or to schedule an appointment using INFOPASS, please visit www.uscis.gov.

Edited August 27, 2009 by Honest

[mona_lisa 0]

When I sent out my affidavits from family and friends, I had them notarized with the format outlined by EWTN. I didn't send out copies of driving licenses etc though.

Bubbles, you are in my prayers. I understand what it feels like but God is in control, you will be fine.

[Honest 0]

Questions and Answers July 8, 2009

These Questions & Answers concern for T, U, and VAWA petitions with USCIS.

Q. How has the Request for Evidence (RFE) process been modified to ensure that applicants are not asked for information submitted with their original filing?

A. There have been no changes to the RFE process. We advise that when an applicant receives an RFE requesting information that was already submitted with the original filing, he or she should resubmit the requested documents along with the RFE. This is because there is always the possibility the requested document may have been lost or misfiled. The applicant may also indicate in the response that the requested document has already been submitted. If the attorney believes the RFE makes an unreasonable request for information previously submitted, he or she may call the VAWA Hotline to make a complaint.

Q. Is USCIS aware of any violations in the field of VAWA confidentiality provisions such as notices or other correspondences from the unit being sent to attorneys who are not the attorney of record? If so, how is this issue being addressed?

A. USCIS is aware of one incident in the T visa context where an RFE was sent to an attorney other than the attorney of record. Once it came to our attention, this matter was thoroughly investigated, and corrective measures were taken. USCIS takes VAWA confidentiality provisions very seriously and

works to ensure that there are no systematic problems that may lead to this problem being repeated again. We are currently developing a training module for all USCIS officers regarding confidentiality issues related to T, U, and VAWA applications. Please let us know if you are aware of other incidents where violations of confidentiality provisions have occurred.

Q. What is the process for expediting cases for T, U and VAWA applicants? What criteria are used to determine if a case will be expedited? How long are adjudications taking for expedited cases for T, U and VAWA applicants?

A. Customers should call the VSC VAWA Hotline (1-802-527-4888). It is clear that many VAWA, T, and U visa cases involve compelling humanitarian issues. Thus, established USCIS expedite criteria regarding humanitarian issues may be invoked, but customers and their representatives should be aware that any request for expeditious processing on humanitarian grounds must involve extraordinary circumstances. The VAWA unit will entertain and answer every request it receives based on a full review of the unique facts presented. Recently, USCIS and ICE have identified U visa petitions involving petitioners detained at government expense, and VSC has been expediting prima facie determinations or full adjudications of these petitions, as appropriate.

Once a decision is made on whether to expedite processing, the attorney of record will be notified of the decision. When a case is approved for expeditious processing, an expedite cover sheet is placed on the A-file, clearly designating the case as an expedite, and the case is immediately assigned to an adjudicator The adjudicator takes action on the case within one to two days, and the action may be a decision, RFE, or hold. If the case requires an RFE, the applicant has up to 87 days to respond to the RFE. Cases requiring RFE processing are tracked as expedites throughout the RFE process, and when a response is received, VSC endeavors to complete the decision as quickly as possible. If the case must be held in abeyance, we are unable to provide a time frame for adjudication.

Q. If a case is going to be expedited, when is the process initiated?

A. If the VSC decides to expedite a case, the process generally begins on the same day the request for an expedite is made and the case is accepted for expeditious processing.

Q. What training do supervisors in the Unit receive with regard to adjudicating VAWAs/T/Us and the specific issues that come up in these cases?

A. Supervisors receive the same training as adjudicators. VAWA Unit adjudicators initially receive four days of classroom-type training regarding basic eligibility requirements for special immigrant status under VAWA, protections and prohibitions under Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) (which prohibits an adverse determination of removability based solely on information provided by the abuser and requires strict confidentiality in VAWA, T, and U cases) and processes for adjudicating Form I-360 special immigrant petitions under VAWA. This training is conducted by a veteran officer of the VAWA Unit who has a Master’s degree in Social Work and has extensive experience teaching the subject at the collegiate level. The initial training includes eight to ten hours specifically dedicated to understanding family violence. Officers are taught to identify the main characteristics and theories of family violence, debunk commonly held myths about family violence, and recognize the impact family violence has on individuals, families, and society. Officers also learn the ways in which immigration status, or lack thereof, and culture or cultural differences may contribute to domestic violence. Each trainee is assigned a series of hypothetical test cases which he or she completes under the mentorship of a veteran VAWA adjudicator. Trainees continue to work with a mentor and attend follow-up trainings for the next several months. VAWA officers also participate in bi-monthly team meetings during which all team members are encouraged to raise pertinent adjudication-related issues for discussion and resolution.

In addition to initial VAWA training, officers assigned to adjudication of T and U nonimmigrant status requests undergo an additional two-day training program, conducted by Senior Adjudications Officers who have detailed knowledge of the subject matter and experience in adjudicating these types of petitions and applications. The additional training consists of in-depth discussions on the eligibility requirements and various forms of evidence that might be submitted to address those requirements as well as how to assess that evidence. Officers are also given additional training in recognizing the dynamics of victimization and understanding how those influence the evidence provided to support the applicant/petitioner’s claims. These officers participate in mentoring, follow-up training, and bi-monthly staff meetings in the same manner as officers assigned to adjudicate VAWA special immigrant petitions.

Q. How should derivatives of self-petitioners process abroad at the principal's adjustment phase? To whom should the 824 packet go?

A. We assume this question refers to VAWA self-petitioners. In the case of a derivative of a VAWA self-petitioner, who will undergo consular processing abroad, the Form I-824 packet should be filed with VSC, which will forward the packet to the National Visa Center.

Q. What is the status of implementing EADs for H-4s and other qualified derivatives?

A. This section is included in the forthcoming interim VAWA rule currently being drafted by USCIS.

Q. What is the status of implementing the elder abuse (for parents of USC abusers) section?

A. This section is included in the forthcoming interim VAWA rule currently being drafted by USCIS.

Q. What is the status of implementing Congress' statement encouraging USCIS to consider I-212s, especially for VAWA self-petitioners?1 Could VSC exercise this authority? If not, what would be required to grant them such authority?

A. Service Centers have the legal authority to adjudicate I-212s in other form types. We are currently assessing the operational and policy implications of extending this authority for VAWA self-petitioners.

Q. What training does the AAO get on Us, Ts, and self-petitions? On domestic violence? Does it assign specific officers to these cases?

A. The AAO assigns specific officers to adjudicate appeals of VAWA self-petitions, U and T cases. These officers receive training at the AAO and one supervisor for the AAO VAWA Unit has also attended and participated in trainings organized by the Office of Policy and Strategy. The AAO recently created a new branch for VAWA self-petitions, U, T, orphan, fiancé petitions and other related case types.

For more info: http://www.uscis.gov/files/nativedocuments..._%20u_visas.pdf

[3bvsla 1]

What did you guys send to prove that marriage was in a good faith??

They found my prooves insufficient AGAIN. I have til November 12 to reply with solid evidences.

[cityofangle 0]

hi everyone

I just want to send my prayers to everyone who are waiting for Vawa decision right now,I 've been there, I know how it is feel.

For me when I am facing with problem ,fear ,bearier , I ask myself was that I just thinking that if I do the best I can do yet,

and I know myself that I already did everything. Then just hope for the best result.

For my case I also bugging my lawyer and ask her suggestion if I can do anything while we wait. I tried to stay connect with them anyway I can,like

try to renew prima facie by sending the request so they wouldn't forget about my case ,eventhough I never use prima facie for anything.

This is just some example of things I do, I know everyone here have to go through a lot, how far you have come ,how stronger you are right?

everything that life throw at you,If you not fight ,you know you will lose easily ,but if you don't give up ,just fight for it, you know you will pass it and it will make you a stronger person.

Don't give up hope so easily everyone ,you have come this far.

remember "season change, It can't be rainny everyday, just wait for the day that sunshine come