Immigrant Families Advocacy Project Training Manual 2010

Transcription

Immigrant Families Advocacy Project
Training Manual
2010
Table of Contents
Contents
Introduction to the IFAP Manual
Acknowledgements
Page
5
6
Section 1
Overview of the Immigration Process and VAWA Procedures
Basic Terms
General Overview of Immigration Procedures
Section 1.1
Working with Immigrant Survivors of Domestic Violence
Power and Control Tactics Used Against Immigrant Women
Dos and Don‘ts for Advocates Working With Traumatized Immigrants
Questionnaire and Information for Battered Immigrants (English/Spanish)
Information for Survivors of Domestic Abuse (English/Spanish)
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7
9
15
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19
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26
Section 1.2
Working with an Interpreter
Finding and Working with an Interpreter: Step by Step Instructions
State of Washington Code of Conduct for Court Interpreters
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29
32
Section 2
Introduction to Filing the U-visa, Application for Interim Relief
Overview of the U-visa, Application for Deferred Action Status
U-visa Application Process: Step-By-Step
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34
38
Section 2.1
Sample Packet for the U-visa and Waiver of Inadmissibility
U-visa Packet Checklist
Sample U-visa Cover Letter
Sample U-visa Declaration
How to Write a Personal Declaration in Support of an Application for
a U-visa (English)
a U-visa (Spanish)
Instructions for Completing the U-visa Law Enforcement Certification Form
Sample Cover Letter for Certification Request – Prosecutor‘s Office
Sample Cover Letter for Certification Request – Police Officer
How to Write a Letter of Support for a U-visa Application (English)
How to Write a Letter of Support for a U-visa Application (Spanish)
Sample Statement in Support of Form I-192 Waiver of Inadmissibility
Preparing a U-Visa petition: Which forms will you need?
Forms and Instructions for I-918 and I-192
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USCIS U Visa Cap Questions and Answers
67
Section 3
Introduction to Fee Waivers
How to File a Request for a Fee Waiver
Sample Statement of Economic Necessity and Request for Fee Waiver
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70
71
Section 4
Introduction to I-765 Employment Authorization Form and Checklist
Checklist for Form I-765 Application for Employment Authorization
Sample Cover Letter for Employment Authorization
Form I-765 and Instructions
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73
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75
Section 5
Index and Resources
Further Reading on Domestic Violence and Immigrant Survivors
Further Reading on Working with Interpreters and Common Cultural Misunderstandings
Helpful Websites
Technical Support
Resources for Finding Records and Reports
Community Resources
Statutes and Official Interpretive Memoranda
 INA § 101(a)(15)(U) [8 U.S.C.A. § 1101(a)(15)(U)]
 INA § 212(d)(14) [8 U.S.C.A. § 1182(d)(14)]
 INA § 214(p) [8 U.S.C.A. § 1184(p)]
 INA § 245(m) [8 U.S.C.A. § 1255(m)]
 INA § 204 [8 U.S.C. § 1154]
 8 C.F.R § 204.2 (c) – (e)
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Appendix A
Introduction to the I-360 Self-Petition
I-360 Packet Checklist
Eligibility and Time Sensitive Matters
Self-Petitioning Step by Step
Summary of I-360 Self-Petition Process
I-360 Flow Chart
Appendix A.1
Introduction to Documenting the I-360 Self-Petition
How to Write a Personal Declaration
for the Son or Daughter of a USC or LPR
How to Write a Personal Declaration for the Spouse
of a USC or LPR or Parent of an Adult USC Son or Daughter
How to Write a Letter of Support for Someone Filing a Self-Petition
Evidence of Abuser's Status
Evidence of Domestic Violence
Evidence of Good Faith Marriage
Evidence of Good Moral Character
Evidence of Joint Residence
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Appendix A.2
Introduction to the I-360 Sample Packet
Sample Cover Letter for I-360
Sample Declaration: Declaration of Juana Doe
Forms and Instructions for I-360 and G-28 Notice of Entry of Appearance
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130
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Appendix B
Introduction to the Waiver of Joint Filing Requirement, Form I-751
I-751 Checklist
I-751 Waiver of Joint Petition: Eligibility and Application Process
Sample Cover Letter For I-751, Waiver of Joint Filing Requirement
Form I-751
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132
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136
138
Appendix C
Introduction to Adjustment of Status, Form I-485
Adjustment of Status, I-485 Checklist
I-485 Basics, Overview of Adjustment of Status
Grounds for Inadmissibility
Preparing Your Client for an Adjustment Interview
Sample Cover Letter for Adjustment of Status
Forms and Instructions for I-485, I-693, I-863W and G-325A
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Introduction to the IFAP Manual
The following materials have been prepared as a resource for student volunteers and pro bono
attorneys working with the Immigrant Families Advocacy Project (IFAP) as advocates for immigrant
survivors of domestic violence.
IFAP was founded in 1996 as a partnership between the Northwest Immigrant Rights Project
(NWIRP) and the University of Washington School of Law, in response to the passage of the
Violence Against Women Act (VAWA). VAWA gives special immigration opportunities to victims
of domestic abuse and other crimes. Battered immigrants may now attain lawful status in the United
States without the sponsorship of family members, which is usually required for lawful immigration
in the U.S.
IFAP teaches University of Washington law students the basics of the U-visa and VAWA
immigration rules, and trains them to provide culturally appropriate advocacy and counseling to IFAP
clients. Following this training, the students are paired with a UW law student partner, and matched
with a pro bono attorney. The team is then assigned a case, pre-screened by NWIRP for eligibility.
Together, the IFAP student team and the pro bono attorney help the client take advantage of the
expanded immigration status eligibility created under VAWA or the Victims of Trafficking and
Violence Protection Act of 2000 (VTVPA), which authorized the creation of the U-visa.
This manual includes the basic information you will need as you work on your IFAP case. It
incorporates generous contributions and legal expertise of numerous advocacy professionals, groups,
and lawyers from around the country, but it is not intended to give in-depth treatment to the laws. For
more comprehensive coverage you may refer to the Immigrant Legal Resource Center's excellent
"VAWA Manual" (see index for citation), the USCIS website or to the Northwest Immigrant Rights
Project for technical support.
The manual has 5 chapters and 3 appendixes, each with its own introduction, briefly
explaining how to establish, document and file various types of petitions for special immigrant status.
Section 1 is a general overview of relevant immigration law and legal terminology. It also introduces
some common issues immigrant survivors of domestic violence must confront and helps prepare you
to approach IFAP clients with greater sensitivity. Section 2 provides an overview of the U-visa for
victims of crime. Section 3 covers filing a fee waiver. Section 4 explains employment authorization
document applications for U visa derivatives. Section 5 is an index of applicable law, agency
interpretive memoranda and useful community resources conclude the manual. The Appendixes cover
different types of relief that are applicable but not being used during the 2010-2011 school year: the I360 Self-Petition for battered immigrants (Appendix A), the I-751, Waiver of Joint Filing
Requirement (Appendix B), and the I-485 Application to Adjust Status to Permanent Resident for I360 Self-Petitioners.
IFAP and NWIRP sincerely thank you for your willingness to participate in this program. We
hope you find this manual useful and your work rewarding.
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Acknowledgements
The Immigrant Families Advocacy Project is grateful to the following individuals and organizations
for their contributions to this manual:
Family Violence Prevention Fund
Bruce and Aphrodite Garrison
For their generous, ongoing support of IFAP's work, and especially for sponsorship of the annual
Bruce & Aphrodite Garrison Fellowship.
Northwest Immigrant Rights Project (NWIRP)
For providing the informational foundation for this manual, as well as ongoing technical support to
IFAP attorneys. Special thanks to Angélica Cházaro, Samara Hakim, Diana Moller, Mozhdeh
Oskouian and Jordan Wasserman for their editorial contributions.
Northwest Justice Project
Special thanks to Gillian Dutton, for providing information on the benefits and community resources
available to IFAP clients.
Sara Koopman
For her substantial contribution to our section on working with interpreters.
Immigrant Legal Resource Center (ILRC)
For compiling a comprehensive resource that IFAP attorneys have relied on for in-depth information
beyond the scope of this manual.
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Section 1: Overview of the Immigration Process and VAWA Procedures
BASIC TERMS
Bureau of Customs and Border Protection (BCBP): This bureau within the Department of
Homeland Security is responsible for administering the inspections function of the former INS, U.S.
Customs, Agricultural Quarantine Inspections, and Border Patrol.
Bureau of Immigration and Customs Enforcement (ICE): This bureau within the Department of
Homeland Security is responsible for administering the investigative and enforcement function of the
former INS, U.S. Customs Service, and Federal Protective Services.
Green Card: The card which shows that a person is a permanent resident (LPR or CPR). The card is
no longer actually green, and says ―Resident Alien‖ across the top. The card is also known as an
Alien Registration Card.
Immediate Relative: The spouse, unmarried child (under age 21), or parent of a United States
citizen.
Immigration and Naturalization Service (INS): Prior to March 1, 2003, the agency responsible for
carrying out the immigration laws was called INS. INS was a part of the Department of Justice.
Since March 1, 2003, INS no longer exists and its functions have been divided into three bureaus
under the Department of Homeland Security: Bureau of Citizenship and Immigration Services
(BCIS); Bureau of Immigration and Customs Enforcement (BICE); and the Bureau of Customs and
Boarder Protection (BCBP).
Immigration Status: A person‘s classification under U.S. immigration laws (e.g., U.S. Citizen ,
permanent resident).
Immigrant Visa: A visa which allows a person to come to the U.S. as a permanent resident.
Lawful Permanent Resident (LPR): A person who is legally permitted to live and work in the
United States permanently and indefinitely. There are two types of permanent residents, Lawful
Permanent Residents (LPR) and Conditional Permanent Residents (CPR).
Non-Immigrant Visa: A visa which allows a person to come to the United States for a temporary
period of time and for a specific purpose (e.g., tourist visas, student visa).
Undocumented: A term that refers to people who do not have the appropriate legal status under the
immigration laws to be in the United States, either because they entered the country illegally or
because their visa has expired.
United States Citizen (USC): A person is a United States citizen by birth or becomes a U.S. Citizen
through a legal process called naturalization. U.S. Citizen s are not subject to immigration law.
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United States Citizenship and Immigration Services (USCIS): The United States Citizenship and
Immigration Services is a bureau in the U.S. Department of Homeland Security (DHS). The stated
priorities of the USCIS are to promote national security, to eliminate immigration case backlogs, and
to improve customer services. USCIS was formerly and briefly named the U.S. Bureau of Citizenship
and Immigration Services (BCIS), before becoming USCIS. USCIS is charged with administering the
benefits function of the former INS. Examples of such benefits include: green card applications; work
authorization documents; asylum and refugee processing; naturalization; and implementation of
special status programs such as Temporary Protected Status (TPS).
United States Consulate: United States Consulates are part of the State Department. They are
located in foreign countries and are responsible for processing applications for visas for people
seeking to come to the United States.
Unlawful Presence: An immigrant is deemed to be unlawfully present in the United States if the he
or she is present in the United States after the expiration of the period of stay authorized by the
Attorney General, or is present in the United States without being admitted or paroled. Unlawful entry
or residence in the United States does not automatically bar VAWA self-petitions or U-visa
applications.
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General Overview of Immigration Procedures
What Agencies are in charge of immigration?
Under the Homeland Security Act of 2002, the well known Immigration and Naturalization Service
ceased to exist. Its functions have now been taken over by three new agencies. The U.S. Citizenship
and Immigration Services (USCIS) carries out immigration service functions, such as adjudication of
visa petitions, including VAWA self-petitions, U-visa petitions, naturalization applications, and
asylum and refugee applications. The U.S. Immigration and Customs Enforcement (ICE) is
responsible for immigration enforcement within the United States, while the U.S. Customs and Border
Protection (USCPB) is in charge of inspections and enforcement at the U.S. border. The Vermont
Service Center, now under the authority of USCIS, is staffed by personnel specially trained to deal
with VAWA cases. The Vermont Service Center adjudicates all VAWA self-petitions and U-visa
petitions under the Department of Homeland Security (DHS). The DHS also has authority to issue
visas abroad, but has delegated that authority to the Department of State. Thus, the Department of
State, through its consulates, issues all visas abroad.
Immigration for Families: How do people gain lawful immigration status?
The most common way for people to immigrate to the United States is through a relative who files a
family visa petition, Form I-130, for the applicant. Only United States citizens (USC) or Lawful
Permanent Residents (LPR, green card holders) over 21 years old can file a family visa petition for
their relatives. U.S. Citizens can file a family visa petition for their spouses, their parents, their
children and their brothers or sisters. Lawful Permanent Residents can file a family visa petition for
their spouses and their unmarried or divorced children.
How does the family visa process work?
The family visa process is a two-step process. In the first step, the petitioner must file a family visa
petition, Form I-130, and in the second step the beneficiary must file a petition for a green card, using
Form I-485.
Immediate relatives can do the two steps at the same time. Others must first file the family visa
petition, wait for an approval, and then wait for notification of eligibility to apply for a green card.
Spouses, children younger than 21 years of age, and parents of U.S. Citizens are classified as
immediate relatives. Married children, children over 21 years of age, and siblings of U.S. Citizens are
considered non-immediate relatives.
How long does a beneficiary have to wait to get a green card?
Even though spouses, children under 21 and parents of U.S. Citizens don‘t have to wait to apply for a
green card based on their relationship to the petitioner, the process may still take several months.
Married children, children over 21years of age, and siblings of U.S. Citizens generally have to wait
even longer. For them, it is likely that it will take several years to be able to apply for a green card
after receiving an approval for the family visa petition.
Spouses and children of Lawful Permanent Residents may also have to wait several years to apply for
a green card after they have received an approval for the family visa petition.
What if the sponsoring family member is abusive and refuses to file a petition for a beneficiary?
It is not uncommon for an abusive sponsor to exploit his or her position of power by threatening to
withdraw the application of the beneficiary, or saying s/he will have him/her deported. Since the
sponsor initiates the application process, controls the petition, and can discontinue the process at any
time, the beneficiary may be left with little recourse.
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The Violence Against Women Act (VAWA) enacted in 1994, and amended most recently in 2005,
addresses this problem. It allows the victim of abuse, or the parent of a victim (who is unmarried and
under the age of 21 years), to obtain legal status without the abuser's consent or knowledge. There are
several ways to do this.
The U-visa Application for Immigrant Survivors of Crime
A way for an immigrant victim to attain legal status without the support of a family member is
provided through the U-visa for victims of crimes under INA § 101(a)(15)(U). Congress created the
U-visa in 2000 to protect immigrants from deportation if they are helpful in the prosecution or
investigation of certain types of crimes committed against them. U-visa holders are eligible to work
legally in the U.S. and may receive some public benefits (see below for a discussion of benefits). To
qualify, the applicant must satisfy the following four criteria:
Requirements for a U-visa
1. Applicant must have suffered "substantial physical or mental abuse" as a victim of a
crime described in INA § 101(a)(15)(U).
2. The victim must possess information about the criminal activity.
3. He or she must help or have helped with the investigation or prosecution of the crime
(or be willing to do so in the future).
4. The crime must have occurred in the U.S. or have violated U.S. law.
Section 2 is devoted to the methods to establish and document each of these elements.
The I-360 Self-Petition
During the 2010-2011 school year, IFAP teams will not be working on I-360 cases. However, a more
detailed description of the I-360 filing process can be found in Appendix A for future reference.
Under 8 USC § 115(a)(1)(A)(iii) and 8 CFR § 204.2, the spouse and children of a U.S. Citizen ,
Lawful Permanent Resident or U.S. National may apply for legal status without the support of a
family member through the I-360 Self-Petition. To qualify for this program, the petitioner must
demonstrate fulfillment of 5 key categories.
1. A Qualifying Relationship
 The applicant must be the spouse of an abusive U.S. Citizen , Lawful Permanent
Resident, or National of the United States – or
 The parent of an abused child of a U.S. Citizen, Lawful Permanent Resident or U.S.
National.
 The child must be unmarried, and under 21 years of age, to receive the benefit. If the
child is over 21, but under 25, and can show that the delay in filing the I-360 was due
to the abuse which forms the basis of the claim, he or she may be allowed to file
despite the delay.
 Step-children and adopted children also qualify.
2. Marriage in Good Faith
 To demonstrate good faith marriage, the petitioner must show that he or she chose her
spouse based on sentimental considerations or reasons not connected to securing legal
status in the U.S. A good faith marriage cannot have been made for the sole purpose
of acquiring an immigration benefit.
 Abused children need not prove this element.
 The applicant must have been married to their spouse for at least two years.
3. Joint Residence
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
The victim must have lived with the abuser for some period of time. There is no
minimum time period required.
4. Physical Abuse or Extreme Mental Cruelty
 Under 8 CFR § 204.2(c)(1)(vi), domestic violence includes any act or threatened act
of violence, including any forceful detention which results in or threatens to result in
physical or mental injury.
 Psychological or sexual abuse or exploitation, including rape, molestation, incest (if
the victim is a minor), or forced prostitution.
 Other acts of violence under certain circumstances, including acts that in and of
themselves may not initially appear violent but are part of an overall pattern of
violence will qualify.
 The abuse must have occurred during the marriage.
5. Good Moral Character
The petitioner must show good moral character for the three years preceding his or her
application. This is done by supplying U.S. Customs and Immigration Services (USCIS) with
the following;
 A list of addresses during this period of time.
 A criminal background check.
 The applicant may supplement this section of the petition with affidavits of support
from witnesses who know and trust her.
 Good moral character is assumed for children under the age of 14.
The I-751 Waiver of Joint Filing Requirement
During the 2010-2011 school year, IFAP teams will not be working on I-751 cases. However, a more
detailed description of the I-360 filing process can be found in Appendix B for future reference.
Non-citizens who apply for status based on marriage to a U.S. Citizen or Lawful Permanent Resident
are called "conditional residents" if they have been married for less than two years when they obtained
their status as Lawful Permanent Resident. To keep that status, the conditional resident must file a
"joint petition" with their spouse two years after the first petition is granted. If the applicant's spouse
has died, lost status, or refuses to complete the citizenship application process for the beneficiary, the
Form I-751, Waiver of Joint Filing Requirement, is available. There are four ways to qualify for the
waiver:
Qualifying factors for an I-751 Waiver
 The applicant married in good faith, but the marriage was terminated by divorce or
annulment.
 The applicant married in good faith but was subjected to physical abuse or extreme
mental cruelty by the U.S. Citizen or Lawful Permanent Resident spouse.
 Termination of permanent residence and deportation would result in extreme hardship.
 Applicant married in good faith, but the spouse has died.
Form I-765 Work Authorization
For I-360 Self-Petitioners: Once the agency grants the I-360 Self-Petition the petitioner may apply for
a work permit by filing a Form I-765, Employment Authorization. See Section 3 for step-by-step
instructions.
For U Visa Beneficiaries: Please note that you do not need to complete an I-765 for U-visa clients;
checking the proper box on the I-918 petition is all that is required. While principals are automatically
granted employment authorization, derivatives must file form I-765 for a work permit after U status is
granted. A separate form should be filed for each derivative. A fee waiver is available for this
application.
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For I-751 Waiver Applicants: Please also note that applicants for an I-751 waiver do not need to
apply for a work permit as continued work permission is authorized through their conditional
permanent resident status once the I-751 application is filed.
Public Benefits
Many IFAP clients (low income VAWA self-petitioners and applicants for U-visas and I-751
Waivers) are eligible for public benefits once they get notice that the USCIS has received their
applications.
How to Apply for Public Benefits
To apply, your client should visit the Community Service Office nearest his or her residence. This is
determined based on zip code. Simply look in the phone book to find the closest Community Service
Office. The applicant should bring a copy of the notice of receipt for the self-petition or the U-visa
when h/she visits the office.
Is it Safe for Abused Immigrants to Apply?
Your client may be concerned that the Community Service or welfare office may tell the abuser where
s/he is staying. The office should not do this. The applicant should tell the Office that it should contact
her ONLY at the safe address, or they may contact you as the legal representative.
What Medical Benefits are Available
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State and Federal Medical Benefits such as emergency medical, immunization, and
testing and treatment for communicable diseases
Medical coupons for children and pregnant women
Basic health coverage (recipient pays premiums and co-payments)
What Cash/Other Assistance is Available
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Consolidated Emergency Assistance Program (CEAP)
Temporary Assistance for Needy Families (TANF)
State Family Assistance (SFA)
Supplemental Security Income (SSI), for those over 65 and/or disabled
Food Stamps
Notes on Applying for Assistance
Public assistance rules are complicated, and welfare workers sometimes make mistakes because they
are not familiar with immigration law. Often an advocate from the CLEAR line can help.
For further information, call the Consolidated Legal Education and Referral Line (CLEAR) at 1-888201-9737, or visit:
http://www.lawhelp.org/documents/1503817924EN.pdf?stateabbrev=/WA/.
Filing Fees and Fee Waivers
Some of the immigration application processes described above may require filing fees, and may
include charges for photographing and fingerprinting services, called biometrics. The filing and
biometrics fees are usually waivable for low income applicants. Fee waivers require a simple
statement of economic necessity with supporting documentation, submitted with an itemization of
income and expenses. This manual covers fee waivers in Section 3.
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Derivatives
For I-360 Self-Petitioners: VAWA self–petitioners may include their children in their petitions as
derivative beneficiaries. Parents may also be incorporated as derivatives of abused children (if the
child is unmarried and under the age of 21 years).
To be included as a derivative in an I-360 VAWA self-petition, include the name, biographical and
supporting documentation outlined in the following sections along with providing the derivative
information on the I-360 form.
For I-918 U Visa Applicants: If a U visa applicants is under 21 years old, she/he may apply for
derivative status for her/his spouse, children, parents, and siblings under 18 years of age. If the U visa
applicant is over 21 years old, then he/she may apply for derivative status for his/her spouse and
children under 21 years of age. The primary beneficiary must complete a Form I-918 Supplement A
for each qualifying derivative.
For specific examples of how this is done, review the Sample Cover Letter included in the Sample
Declaration for filing a U-visa in Section 2 and directions for filing an I—360 self-petition in
Appendix A and I-751 application in Appendix B.
Who Qualifies as a Derivative?
Derivatives for I-360 self-petitions may include the parents of an abused child, or the petitioner's
children under the age of 21, step-children and adopted children. Derivative status may be extended to
children up to age 25 if the delay in filing was due (at least in part) to the abuse. See INA §§
204(a)(1)(A)(III) in the index. A child beneficiary who ―ages out‖, (exceeds 21 years of age) after the
filing of the application still qualifies as a derivative (see Time Sensitive Matters, Section 2).
Similar rules apply for U-visa petition derivatives, though principal applicants who are under 21 years
of age may file derivative petitions for their unmarried siblings under the age of 18, unmarried
children under the age of 21, parents, and spouses.
Derivatives ‘Following to Join’ the Principal Petitioner
If the beneficiary is not currently in the United States, the derivative may ‗follow to join‘ the principal
as soon as the petitioner receives her status. This is available to the derivative as long as s/he remains
a child (unmarried and under the age of 21 years).
Permission to Work for Derivative Beneficiaries
Derivatives of U-visa petitions may apply for work authorization by sending proof of the principal
applicant/derivative relationship (e.g., birth certificate) along with a Form I-765, Authorization of
Employment, together with the principal applicant‘s packet. See Section 3 on filing I-765s for more
information.
The Final Step, Becoming a Permanent Resident
Individuals who have held a U-visa for three years may be eligible to adjust his/her status to
permanent resident status.
Beneficiaries of approved I-360 Self-Petitions may apply for adjustment of status upon the approval
of the I-360 petition if the marriage the petition is based on was to a U.S. citizen. If the petition is
based on a marriage to a permanent resident, the individual may need to wait for up to several years
for her priority date to become ―current‖ before being eligible to file an I-485 Adjustment
Application.
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Adjustment of Status to Permanent Resident applications require filing an I-485 Application to Adjust
Status to Permanent Resident, undergoing a medical evaluation, and sometimes completing an
interview with a U.S. Citizenship and Immigration Services examiner. Additional information
regarding these applications can be found in Appendix C.
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§ 1.1: Working With Immigrant Survivors of Domestic Violence
Contents
Working with Immigrant Survivors of Domestic Violence
Dos and Don‘ts for Advocates Working With Traumatized Immigrants
Questionnaire and Information for Battered Immigrants
Information for Survivors of Domestic Abuse
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16
19
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Introduction
Because most of the processes covered in this manual are designed to benefit survivors of crime,
abuse, and domestic violence, it is important to be familiar with common patterns of abuse and the
repercussions of that abuse on the victim. The following materials may help acquaint you with some
issues many immigrant survivors face as they separate themselves from abusive relationships.
In this section you will find basic facts about domestic violence, helpful charts and statistics, essential
dos and don‘ts to bear in mind while working with your client, and questionnaires (in both English
and Spanish), which will help you gather the necessary information to build your case. Additional
resources and readings are recommended in the Section 5 index if you wish to research further.
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The Family Violence Prevention Fund defines domestic violence as a "pattern of assaultive and
coercive behaviors, including physical, sexual and psychological attacks, as well as economic
coercion that adults or adolescents use against their intimate partners.‖ The diagram below illustrates
a range of abuses that a survivor may have experienced.
This version of the Power and Control wheel, adapted with permission from the Domestic Abuse Intervention Project in Duluth, Minnesota,
focuses on some of the many ways battered immigrant women can be abused.
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The following describes some of the ways in which immigrant women are abused, although the
experiences of individual victims will vary from case to case.
Emotional Abuse
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
Lying about her immigration status.
Telling her family lies about her.
Calling her racist names.
Belittling and embarrassing her in front of family and friends.
Causing her to lose face.
Telling her that he has abandoned her culture and become "white," or "American."
Preventing her from visiting sick or dying relatives.
Lying about his ability to have the immigration status of his lawful permanent resident abuse
victims changed.
Economic Abuse
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Forcing her to work "illegally" when she does not have a work permit.
Threatening to report her to INS if she works "under the table."
Not letting her get job training or schooling.
Taking money her family is depending upon her to send them.
Forcing her to sign papers in English that she does not understand.
Harassing her at the only job she can work at legally in the U.S., so that she loses her job and
is forced to work "illegally."
Sexual Abuse
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Calling her a prostitute or a "mail order bride."
Accusing her of trying to attract other men when she puts on make-up to go to work.
Accusing her of sleeping with other men.
Alleging that she has a history of prostitution on legal papers.
Telling her that "as a matter of law" in the United States that she must continue to have sex
with him whenever he wants until they are divorced.
Using Coercion and Threats
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Threatening to report her to INS and get her deported.
Threatening to not file immigration papers to legalize her immigration status.
Threatening to withdraw the petition he filed to legalize her immigration status.
Telling her that he will harm someone in her family.
Telling her that he will have someone harm her family members.
Threatening to harm or harass her employer or co-workers.
Using Children
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Threatening to remove her children from the United States.
Threatening to report her children to INS.
Taking the money she was to send to support her children in her home country.
Telling her he will have her deported and but keep the children with him in the U.S.
Convincing her that if she seeks help from the courts or the police the U.S. legal system will
give him custody of the children. (In many countries men are given legal control over the
children and he convinces her that the same thing will occur here.)
Page | 17
Using Citizenship or Residency Privilege
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Failing to file papers to legalize her immigration status.
Withdrawing or threatening to withdraw immigration papers filed for her residency.
Controlling her ability to work.
Using the fact of her undocumented immigration status to keep her from reporting abuse or
leaving with the children.
Telling her that the police will arrest her for being undocumented if she calls the police.
Intimidation
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Hiding or destroying important papers (i.e. her passport, her children's passports, ID cards,
health care cards, etc.).
Destroying the only property that she brought with her from her home country.
Destroying photographs of her family members.
Threatening persons who serve as a source of support for her.
Threatening to do or say things that will shame her family or cause them to lose face.
Isolation
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Isolating her from friends or family members.
Isolating her from persons who speak her language.
Not allowing her to learn English or not allowing her to communicate in a language she is
fluent in.
Being the only person through whom she can communicate in English.
Reading her mail and not allowing her to use the telephone.
Strictly timing all her grocery trips and other travel times.
Not allowing her to continue to meet with social workers and other support persons.
Cutting off her subscriptions to or destroying newspapers and other support magazines.
Not allowing her to meet with people who speak her language or who are from her
community, culture, or country.
Minimizing, Denying, Blaming
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Convincing her that his violent actions are not criminal unless they occur in public.
Telling her that he is allowed to physically punish her because he is the ―man.‖
Blaming her for the breakup of the family if she leaves him because of the violence.
Telling her that she is responsible for the violence because she did not do as he wished.
Page | 18
Do’s and Don'ts for Advocates Working with Abused or Traumatized
Immigrants
Copyright © 2007 Family Violence Prevention Fund. Reproduced with permission.
General Practice Points
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Don‘t send an immigrant to the U.S. government immigration services for legal advice; refer
her to attorneys who practice immigration law.
Don‘t send an immigrant to DSHS or other public benefit agency without first checking out
their reporting policies.
Do encourage all immigrants to talk to an immigration law expert before traveling outside the
Unites States.
Don't send original documents to U.S. government immigration services. The agency accepts
uncertified copies.
Do be creative. Immigration applications are subject an ‗any credible evidence‘ standard and
many different types of evidence can be submitted.
Do translate all documents into English.
Working with Your Client
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Do understand that traumatized people don‘t usually tell graphic details to strangers on the
first meeting. Developing trust takes time, especially with people who have been victimized.
Do spend the first interviews getting basic information and building trust. Wait until the
second or third interview to discuss painful, personal details.
Do try to empower the client by making her part of the team in preparing her application. For
example, give the client assignments such as preparing a declaration or personal statement,
writing a timeline of the abusive relationship, etc.
Do give written instructions to the client. These can be sent as a follow-up in a letter to her,
recapping the objectives for the next meeting, or indicating who should schedule the next
appointment.
Do reach an agreement with your client about a safe place to store copies of important
documents that will assist your client in her immigration case (e.g. passport, photo ID, birth
certificate, birth certificates of children, proof of the immigration status of the abuser,
documents filed with immigration, green card, bills, or proof of residence in the US).
Do inform your client of the right to request that during a hearing a Commissioner order the
abuser to return important immigration documents to your client (i.e., during a hearing for
criminal proceedings against the abuser, or at a hearing related to a protection order).
General Immigrant Rights Information
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Do advise undocumented immigrant victims that they have the right to obtain police
assistance, emergency medical care, protection orders, shelter, child custody and support and
the right to file criminal charges against the abuser.
Do advise immigrants that if Immigration apprehends them, they have a right to speak to an
attorney before answering any questions or signing any documents.
Do advise your client that she has a right to a hearing with an Immigration Judge and the
representation of an attorney at any hearing or any interview with Immigration. (Note,
however, that these are not government paid attorneys as in criminal proceedings.)
Page | 19
Questionnaire and Information for Battered Immigrants
From the Central Minnesota Coalition Against Battered Women, With Revision from J. Kittel and the
Northwest Immigrant Rights Project
Victim‘s name (Nombre de la víctima): _______________________________________
Date (Fecha): _____________________
Physical abuse may exist in many forms. The following is a list of examples of physical abuse.
(Name of abuser) ____________________________________________________ has physically
abused me in the following marked ways:
El abuso físico puede ser de varias formas. Los siguientes son ejemplos del abuso físico. (Nombre de
quien ha cometido el abuso) ________________________________________ me ha abusado
físicamente en las formas que he marcado:
1. _____
Pushed and shoved me (Me empujó)
2. _____
Held me down and kept me from leaving or getting up (Me sujetó físicamente y me
impidió levantarme o zafarme)
3. _____
Bit me (Me mordió)
4. _____
Kicked me (Me dió patadas)
5. _____
Choked me (Me ahorcó)
6. _____
Hit or punched me once, twice, and/or repeatedly which may or may not have
resulted in visible physical injury (Me pegó una, dos y/o muchas veces resultando o
no en una herida física visible)
7. _____
Tied or otherwise physically restrained me (Me amarró o sujetó físicamente)
8. _____
Threw objects at me which may or may not have hit me (Me tiró cosas así no me
haya golpeado con ella)
9. _____
Locked me out of my house (Cerró con llave y me dejó fuera de la casa)
10. _____
Abandoned me in dangerous places (Me abandonó en lugares peligrosos)
11. _____
Refused to help me [medical attention] when I was sick, injured, or pregnant (Se
negó a ayudarme o llevarme a recibir atención médica cuando estaba enferma, herida
o embarazada)
12. _____
Forced me to ride in the car when he/she was driving recklessly and endangering my
life and/or the lives of my children (Me forzó ir en el carro cuando estaba manejando
peligrosamente, poniendo mi vida y/o las vidas de mis hijos en peligro)
13. _____
Pulled my hair (Me tiró del pelo con fuerza)
14. _____
Dragged me (Me arrastró)
15. _____
Pulled my arms, legs, or other body parts (Me agarró de los brazos, las piernas, u
otras partes del cuerpo causándome dolor)
16. _____
Ripped my clothing (Rompió o desgarró mi ropa)
Page | 20
17. _____
Forced me off the road or kept me from driving (Me obligó a salirme del carro o me
prohibió manejar)
18. _____
Raped me (Me violó)
19. _____
Threatened me with a weapon (Me amenazó con un arma)
20. _____
Threatened to kill me (Amenazó con matarme)
21. _____
Used a weapon on me (Usó un arma en mi contra)
22. _____
Hit or beat me with other objects (Me golpeó con diferentes objetos)
23. _____
Stabbed me (Me apuñaló con un cuchillo)
24. _____
Burned me (Me quemó)
Sexual abuse may exist in many forms. The following is a list of examples of sexual abuse. (Name
of abuser) __________________________________________________________ has sexually
abused me in the following marked ways:
El abuso sexual puede ser de varias formas. Los siguientes son algunos ejemplos. (Nombre de quien
ha cometido el abuso)________________________________________________ me ha abusado
sexualmente en las siguientes maneras:
25. _____
Told anti-women jokes and/or made demeaning remarks about women (of a sexual
nature) (Ha hecho chistes contra las mujeres o hecho comentarios vulgares contra las
mujeres (de naturaleza sexual))
26. _____
Treated women as sex objects (Ha tratado a las mujeres como objetos sexuales)
27. _____
Gotten jealous, angry, and/or assumed I would or was having sex with any available
man or woman (Se ha puesto celoso(a), enojado(a) me acusó de tener relaciones
sexuales con cualquier hombre o mujer disponible)
28. _____
Insisted that I dress in a more sexual way than I wanted or made demeaning remarks
about how I dressed (Insistió que me vistiera de una forma más sexual que la que yo
quería, o hizo comentarios vulgares acerca de cómo me vestía)
29. _____
Made demeaning remarks about my body and/or body parts (Ha hecho comentarious
vulgares de mi cuerpo o ciertas partes de mi cuerpo)
30. _____
Minimized my feelings about sex (Minimizó o desdeñó mis sentimientos sobre el
sexo)
31. _____
Degraded me about my sexual history; blamed me if I were sexually abused in the
past or as a child (Me criticó por mi historia sexual; me echó la culpa por haber sido
abusada(o) en el pasado o en mi niñez)
32. _____
Criticized me sexually, for example, called me frigid, etc (Me criticó sexualmente,
por ejemplo, me dijo que era fríguda, etc.)
33. _____
Insisted on touching me sexually when I did not want to be touched when I was
alone and/or in the presence of others (Insistió en tocarme sexualmente cuando no
quería que me tocara, cuando estaba sola o en la presencia de otra gente)
Page | 21
34. _____
Called me a whore or a slut (Me llamó puta o prostituta o ramera)
35. _____
Withheld sexual affection (Me negó cariño o afecto sexual)
36. _____
Forced me to strip when I did not want to, alone and/or in front of others (Me obligó
a quitarme la ropa y desnudarme cuando no quería hacerlo, a solas o en frente de
otras personas)
37. _____
Openly showed sexual interest in other people when I was in public or at home, for
example, while watching TV (Demostró abiertamente interés sexual en otras
personas estando en público o en casa, por ejemplo, mientras miraba la televisión)
38. _____
Had affairs with other people after agreeing not to have sex with anyone but me
(Tuvo relaciones sexuales con otras personas después de haberme prometido no
tener relaciones con otras personas aparte de mí)
39. _____
Forced me to have sex with him/her (Me obligó a tener sexo con él/ella)
40. _____
Forced me to have sex with other people (Me forzó tener sexo con otras personas)
41. _____
Forced me to watch him/her have sex with other people (Me obligó a mirarle tener
sexo con otras personas)
42. _____
Forced me to perform particular unwanted sexual acts (Me obligó a tener sexo de
una forma que me hizo sentir mal o que yo no quería )
43. _____
Forced me to have sex after battering me (Me obligó a tener sexo después de
haberme golpeado)
44. _____
Forced me to have sex when I was sick or when it was a danger to my health (Me
obligó a tener sexo cuando estaba enferma(o) o cuando era peligroso para mi salud)
45. _____
Forced me to have sex with the purpose of hurting me with objects or weapons (Me
obligó a tener sexo con el propósito de lastimarme con objetos o armas)
46. _____
Forced or manipulated me to see sadistic sexual photographs (Me obligó a ver o me
manipuló para que viera fotografías sádicas sexuales)
47. _____ Forced me to have sex with animals (Me obligó a tener sexo con animales)
Sexual abuse does not have to be forced sex. The above-examples show that there are many forms of
sexual abuse. Such abuse can make a person feel humiliated and ashamed. (Name of abuser)
_________________________________________________________________ has abused me
emotionally in the following ways:
El abuso sexual no es solamente el sexo forzado. Los ejemplos de arriba muestran que hay muchas
formas como el abuso sexual puede ocurrir. (Nombre de la persona que cometió el abuso)
_______________________________________ me ha abusado emocionalmente en las siguientes
maneras:
48. _____
Ignored my feelings and/or belittled them (Ignoró mis sentimientos o los
menospreció)
49. _____
Ridiculed or insulted women as a group, calling them crazy, emotional, stupid, etc.
(Ridiculizó o insultó a las mujeres en general, llamándolas locas, emocionales,
estúpidas, etc.)
Page | 22
50. _____
Withheld approval, appreciation, or affection as punishment (Para castigarme, me
negó aprobación, aprecio o cariño.)
51. _____
Continually criticized me, calling me names; nothing is ever good enough no matter
what I do or how hard I try (Siempre me criticaba, me insultaba o me decía malas
palabras; nunca nada estaba bien sin importar lo que yo haga o cuántas veces trate de
hacer bien las cosas)
52. _____
Insulted my friends and/or family, driving them away (Insultó a mis amigas o
amigos y a mi familia, alejándoles de mí)
53. _____
Humiliated me in private or in public (Me humilló en privado o en público)
54. _____
Refused to socialize with me, going out with me but then totally ignoring me or
never going out with me (Se negaba a socializar conmigo, si salíamos juntos me
ignoraba totalmente y/o nunca salía conmigo)
55. _____
Kept me from working, controlled my money, made all the decisions, demanded I
seek permission to do or have anything (No me dejaba trabajar, controlaba mi
dinero, hacía todas las decisiones, exigía que le pidiera permiso para hacer o tener
algo)
56. _____
Refused to work or share money (Se negaba a trabajar o a compartir el dinero)
57. _____
Took car keys or money away (Me quitó las llaves del carro o mi dinero)
58. _____
Destroyed, sold, or gave away things which were of importance or value to me
(Destruyó, vendió o regaló cosas que eran de valor o de importancia para mí)
59. _____
Regularly threatened to leave or told me to leave (Me amenazaba con dejarme o me
decía que me fuera de la casa)
60. _____
Threatened to hurt my family and/or friends (Amenazó con hacerle daño a mi familia
y/o a mis amigos)
61. _____
Punished or deprived the children when he was angry at me, or treated the children
specially, excluding me, when he was angry at me (Cuando se enojaba conmigo
castigaba a los niños(as) o les trataba de una manera especial, ignorándome)
62. _____
Threatened to kidnap the children if I ever left (Me amenazó con secuestrar a los
niños(as) si le dejaba)
63. _____
Blamed me for any problems (real or perceived) with the children (Me echaba la
culpa por cualquier problema (real o percibido) con los niños(as))
64. _____
Abused pets to hurt me (Lastimó a nustras mascotas para herirme)
65. _____
Told me about his affairs to humiliate me (Me contó de sus aventuras sexuales para
humillarme)
66. _____
Harassed me about affairs he/she imagined I was having (Me acusaba de tener
aventuras con otras personas. Eran totalmente imaginadas)
67. _____
Manipulated me with lies or contradictions (Me manipulaba con mentiras o
contradicciones)
Page | 23
68. _____
Manipulated me with emotions, for example, threatening to kill himself if I left him
and other forms of emotional blackmail (Me manipulaba emocionalmente, por
ejemplo, amenazaba con matarse si yo le dejaba y usaba otras formas de chantaje
emocional)
69. _____
Told me it was my fault when he physically or sexually abused me, that I asked for
it, deserved it, liked it, etc. (Cuando me abusaba física o sexualmente me decía que
era mi culpa, que yo lo pedía, lo merecía, que me gustaba, etc.)
70. _____
Denied that his behavior was abusive and/or minimized his abusiveness, calling me
crazy or weak, stupid, accusing me of making it up, not being able to handle him,
etc. (Negaba que su comportamiento fuera abusivo y/o minimizó su abuso,
llamándome loca, débil, estúpida, o acusándome de inventarlo, o de no poder lidiar
con él/ella, etc.)
Isolation can take various forms. The following are examples of how. (Name of abuser)
____________________________________________ has isolated me in various ways:
El aislamiento puede tomar varias formas. Los que siguen son algunos ejemplos. (Nombre de quien
ha cometido el abuso) ________________________________________________ me ha aislado en
las siguientes maneras:
71. _____
Demands that I account for every minute of my time (Exige que le rinda cuentas por
cada minuto de mi tiempo)
72. _____
Finds fault with my family and friends (Le echa la culpa a mis amigos o amigas y a
mi familia)
73. _____
Goes through my mail (Lee mi correo)
74. _____
Monitors my calls and/or prevents me from using the phone (Monitorea mis
llamadas o me prohíbe usar el teléfono)
75. _____
Need to get his permission to go out or use the car (Tengo que pedirle permiso para
salir o usar el carro)
76. _____
Verbally criticizes me after I have returned from an outing (Me critica después de
volver de una salida)
77. _____
Drives me to most places to check on me (Me lleva a la mayoría de los lugares para
monitorearme)
78. _____
Embarrasses me in front of friends (Me averguenza delante de nuestros(as)
amigos(as))
79. _____
Threatens family and friends (Amenaza a mis amigos(as) o a mi familia)
80. _____
Checks up on me at work and/or elsewhere (Me busca en el trabajo o en otros
lugares)
81. _____
My friends avoid me in fear that their presence will anger him/her (Mis amistades
me evitan por miedo a que se enoje con su presencia)
82. _____
Encouraged me to quit school or my job, such as by denying me transportation, gas
money, refusing to take care of the children (Me ví obligada a dejar el trabajo o la
Page | 24
escuela, porque se negaba a ayudarme con el transporte, el dinero para la gasolina o
a cuidar a los niños)
83. _____
Makes me miss work or school due to injuries I have gotten from him or threats and
other forms of abuse that leave me afraid, drained, or humiliated (Me ha hecho faltar
al trabajo o a la escuela por las heridas que me daba o amenazas y otras formas del
abuso me dejaban con miedo, agotamiento o humillación)
84. _____
Threatens to deport me or tells me that I have no rights because I am not a citizen
(Me amenaza con deportarme o me dice que no tengo derechos porque no tengo la
ciudadanía)
85. _____
Calls me ―illegal‖ or ―wetbag‖ (Me dice ―ilegal‖ o ―mojada(o)‖)
86. _____
Tells me that if I call the police they will deport me (Me dice que si llamo a la
policía me van a deportar)
87. _____
Refuses to fill out the paperwork so I can work and/or forces me to work ―under the
table‖ (Se rehúsa a llenar los papeles para que yo pueda trabajar legalmente o me
obliga a trabajar ¨por debajo¨)
Page | 25
Information for Survivors of Domestic Abuse
There are many forms of abuse and each type may take several forms. Our society is so tolerant of
abusive behaviors that we often don´t recognize or accept these behaviors as abusive. Because you
have been told so many times that if you´re being abused it is your fault, it becomes very painful and
difficult to realize the abuse you have gone through.
When you are no longer at risk of being abused you will start feeling in control of your life and you
will allow yourself to recognize the abuse you have suffered. It is a painful process and you need and
deserve the loving support of caring people when you go through it. During this process you will be
reassured that the abuse you were subjected to was not your fault, that you didn´t deserve it, and that
you have the right to be treated with dignity and respect.
The lists above are not exhaustive. It is possible that you experienced abuse in ways not listed above.
One way of recognizing the abuse is to realize that all abuse is humiliating and feels bad. It makes us
feel that we are in some way bad or inferior (even though sometimes we hide those feelings because
they are so painful).
While you recognize the abusive behavior and that the abuser is the one responsible for it and not you,
you may start telling yourself: ―I don´t deserve it, I don´t deserve to be treated like this.‖
For many years, many people (mostly women) have been alone and isolated in their shame, thinking
that there was something wrong with them. But when they get together, people who have been abused
learn to support each other and to name the abuse. While you do it, you will discover that you are not
alone and that you are not a bad person.
You may be surprised about what you have put up with and how you have survived, that you are
strong, valuable, and that you can be proud of yourself. You will work to recognize that your have
options and that you can take responsible decisions for you and your children.
Page | 26
Información para Sobrevivientes de Violencia Domestica
Hay muchas formas del abuso y cada una puede manifestarse de varias maneras. Nuestra sociedad es
tan tolerante del comportamiento abusivo que a menudo no reconocemos y aceptamos estos
comportamientos como abusivos. Porque además te han dicho tantas veces que si tu estás sufriendo de
abuso es por tu culpa, se vuelve muy doloroso y difícil ver el abuso que has aguantado.
Cuando el riesgo de abuso desaparece, comenzarás a sentirte más en control de tu vida, y te permitirás
reconocer el abuso que has sufrido. Es un proceso doloroso y necesitas y mereces el apoyo cariñoso
de personas que se preocupan por ti.
Durante este proceso te reafirmarán que el abuso del que fuiste objeto no es tu culpa, que no lo
merecías y que tienes el derecho de ser tratada(o) con dignidad y respeto.
La lista de arriba no es exhaustiva. Es posible que hayas tenido otras experiencias de abuso que no
estén listadas. Una manera de reconocer el abuso es darse cuenta de que todo abuso es humillante y
desagradable. Nos hace sentir que somos malas personas o inferiores (aunque de vez en cuando
escondamos estos sentimientos porque son tan dolorosos).
Mientras llegas a reconocer el comportamiento abusivo y a darte cuenta que tú no eres responsable,
puedes comenzar a decir, ―No lo merezco. No quiero que me traten así‖. Por muchos años, muchas
personas (en su mayoría mujeres) se han quedado solas y aisladas en su vergüenza, pensando que
tenían algún defecto. Pero al reunirse, las personas que han sido abusadas aprenden a apoyarse
mutuamente y a nombrar el abuso.
Mientras lo haces, descubrirás que no estás sola y que no eres una mala persona. Puedes sorprenderte
de lo que has aguantado y cómo has sobrevivido.
Te darás cuenta que eres fuerte, valiosa y que puedes estar orgullosa(o). Vas a trabajar para reconocer
que tienes opciones y que puedes tomar decisiones responsables para ti y para tus hijos(as).
Page | 27
§ 1.2: Working with an Interpreter
Contents
Working with an Interpreter
Finding and Working with an Interpreter: Step-by-Step Instructions
Page
28
29
32
Introduction
If you do not share a language with your client, you will need to find an interpreter before your first
meeting.
Step-by-step instructions on how to find an interpreter, as well as the IFAP protocol for working with
interpreters, follow.
Page | 28
Finding and Working with an Interpreter: Step-by-Step Instructions
The IFAP Interpreter Liaison. A Resource for You!
Rebecca Watson (rhw3@uw.edu) is the IFAP interpreter liaison. She may be able to assist
you if you are having trouble finding an interpreter or you have questions or concerns about
interpretation. Please feel free to email her with questions.
1. Contact the UW Law Volunteer Interpreter Bank
 Send an email to Harold Daniels, Clinics Administrator at hdaniels@u.washington.edu.
Copy Rebecca Watson (rhw3@uw.edu), the IFAP interpreter liaison, on this email.
 Include the following information in your email request:
o Language required
o Nature of interpretation (telephone call, face-to-face meeting, etc. )
o Estimate of amount of time needed (remember that meetings with interpretation
take twice as long)
o Location
o Date and time (if set—it is easier to find an interpreter if dates and times are
flexible). We recommend you include several potential days and times.
 Response times from potential volunteer interpreters vary from a few hours to several days.
 The languages available will change from year to year depending on the pool of volunteer
interpreters. Some of the languages represented in the volunteer pool in the past have included:
American Sign Language, Arabic, Mandarin (including Shanghai and Taiwanese Dialects),
Cantonese, Farsi (Persian), French, Hindi, Italian, Japanese, Korean, Portuguese, Russian,
Spanish, and Vietnamese.
2. Language Bank of the American Red Cross
IFAP has become a member of the language bank of the American Red Cross. This gives
IFAP members unlimited access to a network of volunteer interpreters who speak 70 different
languages. This is a great resource when you need to make a quick phone call to the client or
other brief conversations.
To use the service, just call (206) 726-3564 to request an interpreter. You will need to provide
them with the following information:



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


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

Student's first name and phone number for a call back
Calling from the Immigrant Families Advocacy Project
Language (including dialect if necessary)
Date and time of the appointment (or availability if no specific appointment has
been set)
Location of the appointment
Note any preference for a female or male interpreter
What type of service is being requested - i.e., interpretation in-person or by phone
Type of work to be done - i.e., reviewing a client's declaration, follow-up call to the
client
Approximate length of appointment
If you have any questions, contact Rebecca Watson: rhw3@uw.edu.
3. Private (Paid) Interpreters
If you have an unfilled need for an interpreter for your case, please contact Rebecca Watson, IFAP
Interpreter Liaison, at rhw3@uw.edu. IFAP may be able to secure discretionary funds for
interpreters, and we will certainly do our best to come up with creative solutions for you.
Page | 29
IFAP Interpreter Protocol when working with Private (Paid) Interpreters
1. Once a request to work with a private interpreter has been approved by IFAP leadership,
please send a notification of your intent to use translation services to the IFAP Treasurer.
Specify estimated hours for accounting. The current treasurer is Caleb Stewart at
calebss@uw.edu. Have the interpreter submit their invoice for services billed to the
following address:
Immigrant Families Advocacy Project
c/o IFAP Treasurer
University of Washington School of Law
William H. Gates Hall
Box 353020
Seattle, WA 98195-3020
(206) 543-7501 phone
(206) 221-2359 fax
uwifap@yahoo.com
2. If your session goes much longer than expected, notify IFAP's treasurer.
Finding an Interpreter on Your Own
You may also contact the King County Superior Court Interpreters Office for a referral to a court
certified interpreter. Contact the Office at (206) 296-9358 or find an index of all court certified
interpreters online at www.courts.wa.gov/programs_orgs/pos_interpret .
There are many private agencies that can connect you with an interpreter, but in general, the court
certified choices are the most reliable.
Using an uncertified interpreter
If your client speaks a language not certified by the courts, you may need to check the qualifications
of an interpreter on your own. To determine whether a potential interpreter is qualified, it is helpful to
ask some of the following questions:
 When and how did you learn English?
 Do you have any training as an interpreter?
 What experience do you have as an interpreter?
 Please define a few English legal terms that will be used in this case, such as, 'domestic
violence', 'abuser', 'victim' etc. Ask your interpreter what the translations are for these terms.
All Interpreters
Regardless of where you find your interpreter, you should ask the following questions before hiring
them:
 Do you know any of the parties or witnesses? Some language communities are
small. It may be hard to find an interpreter who does not know the client, in which case you
should ask if s/he is a potential witness in the case.
 Do you know either of the parties? Using an interpreter who has translated for the victim's
abuser may make your client uncomfortable.
Using a friend/family member
Using interpreters with personal connections to the client is risky. It skews the way your client speaks
to you, and, because the interpreter is not an agent of the attorney in such a case, the protections
which come with attorney client privilege will not apply.
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Confirmation, Payment and Scheduling
Good interpreters are in demand, many have a two-hour minimum and charge a fee for cancellation.
Some will be willing to reduce or waive their fees if you tell them you are doing pro bono work for a
good cause.
After Hiring and Before the First Meeting
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Tell the interpreter what s/he can expect at the meeting, explain the self-petitioning process
and warn him or her that the subject matter of the meeting will likely be emotional.
Send documents to be translated ahead of time if possible, or have him/her come early to
familiarize with the subject matter and vocabulary.
Provide a copy of the State of Washington Code of Conduct for all interpreters who are not
court certified. A copy is included here, or is available online at:
http://theinterpretersfriend.com/Terpsnet/14.html .
At the First Meeting
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Confirm that your client and the interpreter do in fact share a language and dialect.
Introduce yourself and assure the petitioner that the entire communication will be confidential
Look at your client, and speak directly to her. Your interpreter is a conduit, not the target of
your speech.
Keep the volume and pace of your speech regular and normal, with pauses at normal
syntactical breaks allowing the interpreter to catch up when necessary. If your client is
relating emotional testimony, the interpreter may be reluctant to interrupt her and so some of
the content of her speech may be lost. Be aware of this, and make sure you have all the
information, even if this means asking your client to repeat a disturbing statement.
It may be helpful to ask your client about her educational and literacy level so that you can
explain yourself clearly through the interpreter.
Keep in mind that cultural differences, idioms and sports metaphors are probably not effective
communication.
Interpretation is taxing. Give your interpreter plenty of breaks.
Misunderstandings
For helpful information on common cultural misunderstandings and culture profiles of major
immigrant groups go to: Cross Cultural Healthcare Program: www.xculture.org . Further resources
on using an interpreter are located in the index to this manual.
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ADOPTION OF GENERAL RULE 11.1,
CRIMINAL RULES FOR COURTS OF LIMITED JURISDICTION 3.2(O), AND AMENDMENT
OF SUPERIOR COURT CIVIL RULE 79(E)
GR 11.2: CODE OF CONDUCT FOR COURT INTERPRETERS
PREAMBLE. All language interpreters serving in a legal proceeding, whether certified or uncertified,
shall abide by the following Code of Conduct:
A language interpreter who violates any of the provisions of this code is subject to a citation for
contempt, disciplinary action or any other sanction that may be imposed by law. The purpose of this
Code of Conduct is to establish and maintain high standards of conduct to preserve the integrity and
independence of the adjudicative system.
(a) A language interpreter, like an officer of the court, shall maintain high stands of personal and
professional conduct that promote public confidence in the administration of justice.
(b) A language interpreter shall interpret or translate the material thoroughly and precisely, adding or
omitting nothing, and stating as nearly as possible what has been stated in the language of the speaker,
giving consideration to variations in grammar an syntax for both language involved. A language
interpreter shall use the level of communication that best conveys the meaning of the source, and shall
not interject the interpreter's personal moods or attitudes.
(c) When a language interpreter has any reservation about ability to satisfy an assignment
competently, the interpreter shall immediately convey that reservation to the parties and to the court.
If the communication mode or language of the non-English speaking person cannot be readily
interpreted, the interpreter shall notify the appointing authority or the court.
(d) No language interpreter shall render services in any matter in which the interpreter is a potential
witness, associate, friend, or relative of a contending party, unless a specific exception is allowed by
the appointing authority for good cause noted on the record. Neither shall the interpreter serve in any
matter in which the interpreter has an interest, financial or otherwise, in the outcome. Nor shall any
language interpreter serve in a matter where the interpreter has participated in the choice of counsel.
(e) Except in the interpreter's official capacity, no language interpreter shall discuss, report, or
comment upon a matter in which the person serves as interpreter. Interpreters shall not disclose any
communication that is privileged by law without the written consent of the parties to the
communication, or pursuant to court order.
(f) A language interpreter shall report immediately to the appointing authority in the proceeding any
solicitation or effort by another to induce or encourage the interpreter to violate any law, any
provision of the rules which may be approved by the courts for the practice of language interpreting,
or any provisions of this Code of Conduct.
(g) Language interpreters shall not give legal advice and shall refrain from the unauthorized practice
of law.
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Section 2: The U-visa for Immigrant Victims of Crime, Form I-918
Contents
Introduction to Filing the U-visa
Overview of the U-visa Application Process
U-visa Application Process: Step-By-Step
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Introduction
In the year 2000, Congress created a new visa classification called the U-visa. Undocumented
immigrants or those with temporary immigration status who are victims of domestic violence or other
crimes may gain legal status in the United States through the U-visa. The legislation was intended to
strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic
violence, sexual assault, trafficking of aliens and other crimes while, at the same time, offering
protection to victims of such crimes. The legislation also helps law enforcement agencies better serve
immigrant victims of crime.
To qualify, the applicant must show that they have been, are being, or will be helpful in prosecution of
a crime committed against them, and that they have suffered substantially as a result of that crime.
These elements are partially established through the filing of a sworn declaration by the applicant,
supported by documentary evidence. However, unlike I-360 self-petitioners, U-visa applicants need not
show a qualifying relationship to the perpetrator of the crime.
Though the crime may be one of domestic violence, a number of other felonies, including rape, sexual
assault, incest, unlawful criminal restraint, and felonious assault are also grounds for a U-visa claim.
A step by step summary of how to apply for U nonimmigrant status, a general overview of the
program, and a packet of sample documentation follow in this chapter.
You may, as always, feel free to contact the Northwest Immigrant Rights Project for technical support
or further information if necessary.
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Overview of the U-visa Application Process
Who is eligible for a U-visa?
Found under § 101(a)(15)(U), 214(o), and 245(I) of the Immigration and Nationality Act (INA).
An immigrant, or parent, guardian or next friend of an immigrant who:
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Suffers substantially as a victim of a crime: The USCIS regulations do not define ―substantial.‖ It
has opted to do a case-by-case analysis instead. In making its decision, the agency will consider the
severity of the abuse perpetrated and the injury suffered by the victim as well as the severity of the
harm suffered, its duration, and whether the harm has caused permanent damage to the appearance,
health, mental or physical soundness of the victim.
Possesses information about the crime: There is not a requirement that the victim possess a
particular type or amount of information. But the victim/petitioner must possess some information of
the criminal activity of which s/he was a victim. In case the victim is a child under the age of 16, a
parent, guardian, or next friend may possess the information.
Is helpful, has been helpful, or will be helpful in the investigation or prosecution of the crime: At
a minimum, this entails reporting the criminal activity and not refusing to cooperate with reasonable
requests. Unfortunately, victims who are unable to report the crime and help the investigation are not
eligible for the U-visa. This element is satisfied even if someone else called the police but the victim
talked to the officer. It is not necessary that the crime actually be prosecuted, but refusal to cooperate
with any reasonable request to assist in the continuing investigation or prosecution will preclude an
applicant from meeting the requirement of helpfulness.
Which crimes may form the basis of the claim?
Each U-visa packet sent to the Vermont Service Center should include a copy of the text of the statute
or statutes violated. Provided that the other elements are satisfied, the following crimes are
acknowledged as qualifying the applicant for a U-visa:
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Domestic Violence, including violation of protective orders
Rape
Sexual Assault
Incest
Abduction
Kidnapping
False Imprisonment
Unlawful Criminal Restraint
Felonious Assault
Trafficking
Extortion
Manslaughter
Witness Tampering
Obstruction of Justice
Perjury
Attempt, conspiracy, or solicitation to commit any of listed crimes will also qualify
Who are the perpetrators of these crimes?
The perpetrator of the crime need not have any particular relationship to the victim. The perpetrator
may be:
 The applicant‘s USC or LPR partner
 The applicant‘s undocumented spouse or partner
 An acquaintance with or without status
 A stranger to the immigrant victim
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What are the procedures for requesting U Nonimmigrant status?
Writing a U-visa declaration
The declaration tells your client‘s whole story. It should establish the qualifying elements as clearly
and logically as possible. The declaration should be true to the client‘s own voice. See ―Tips on
writing your U-visa Personal Declaration‖ later in this Section.

Part 1, relationship between client and abuser: If the perpetrator of the crime was the spouse or
significant other, write about how they met and what their relationship has been like. For those who
did not have a relationship or did not know the abuser before the crime occurred, note that in the
opening section.
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Part 2, instances of abuse: If the relationship consisted of many instances of abuse over a period of
time, write about those instances. If the abuser is a stranger or someone with whom your client had
not had contact, you should go on to discuss the crime.
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Part 3, the crime itself: Write extensively about the emotional and physical pain suffered during and
after the criminal act. This part of the declaration should be the most detailed of all. The person
reviewing your case will want to know, from your client‘s perspective, how the criminal activity
affected her or him, both physically and emotionally.
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Part 4, conclusion: If the applicant has children, discuss the hardship they would endure if the
application is not granted. Talk about the ways a U-visa will help your client in the future if it is
granted.
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Filling out Form I-918: Alien victims of crime must file a Petition for U Nonimmigrant Status, Form
I-918. The form requests information about the petitioner‘s eligibility for U status, as well as
admissibility to the United States. The Form I-918 and supporting documentation are sent to the
USCIS Vermont Service Center.
Filling out Waiver of Inadmissibility Form I-192 and Declaration Supporting the Waiver
In most cases, the immigrant will also need to file a Form I-192 Application for Advance Permission
to Enter as Nonimmigrant. This is required under INA § 212(d)(3) for any applicant who entered
without inspection, has criminal convictions, is unlawfully present in the U.S., or is otherwise
inadmissible. Review with your client the grounds of inadmissibility under INA § 212(a). The recent
trend seems to be that applications filed with the I-192 have a better chance of faster adjudication than
those filed without the I-192.
INA 212(d)(14) authorizes waivers for most grounds of inadmissibility if in the public or national
interest.
File one for each applicant and derivative who needs one. The only grounds which cannot be waived
are Nazi persecution, genocide, acts of torture, or extrajudicial killings. Nevertheless, common
inadmissibility problems include: entries and exits, manner of entry, encounters with DHS, fraud,
public charge, and crimes. The grounds of inadmissibility disclosed and listed on the form are the
only ones waived. Therefore, if it is not disclosed, it is not waived!
For more information on grounds of inadmissibility, please see ―Preparing a U-visa petition: Which
forms will you need?‖ included in Section 2.1.
What must the Declaration in Support of the Waiver of Inadmissibility Show?
Your client‘s personal statement in support of the waiver of inadmissibility must demonstrate that s/he
would suffer extreme hardship in case of removal. Additionally, the statement should address factors
(such as unlawful entry, prior deportations, etc.) that you believe render your client inadmissible. The
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declaration should therefore describe both the circumstances surrounding her inadmissibility factors,
and the specifics of how s/he would suffer if forced to leave the United States.
If applicable, it may also include letters from witnesses regarding rehabilitation, proof showing fear of
persecution by abuser or retaliation by perpetrators, children‘s school records, medical records, letters
from community members, members of the clergy, or proof of educational attainment (GED,
community college, ESL involvement).
A sample statement is included in Section 2.1
Obtaining the Certification of Criminal Activity
U-visa petitioners must provide a completed Form I-918, Supplement B, U Nonimmigrant Status
Certification. The Supplement B Certification needs to be obtained from a federal, state, or local law
enforcement official, and must demonstrate the petitioner ―has been helpful, is being helpful, or is
likely to be helpful‖ in the investigation or prosecution of the criminal activity. Further, either the
head of the agency or a supervisor designated with the authority to issue certifications on behalf of the
agency must sign the certification.
In November 2007, USCIS explained that certifying agencies include federal, state, or local law
enforcement agencies, or a prosecutor, judge, or other authority that has responsibility for the
investigation or prosecution of the criminal activity. In addition, other agencies such as child
protective services, the Equal Employment Opportunity Commission, and the Department of Labor,
qualify as certifying agencies since they have criminal investigative jurisdiction within their
respective areas of expertise.
The certification is essential to proving your case. It may require some effort to get this part of the
application completed. Remember that police reports are public records, and that persistence is often
the key to successfully obtaining the Certification. Instructions on how to effectively fill out the
Supplement B, tips on how to get the Certification completed with less stress, a sample cover letter to
the potential certifying law enforcement officer can be found later in this Section, along with the Form
I-918.
Which family members benefit from U-visa status?
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Certain family members (derivative beneficiaries) may also receive legal status via the U-visa if the
principal petitioner files a Form I-918 Supplement A on the beneficiary‘s behalf.
If the principal petitioner is less than 21 years of age, qualifying family members include her spouse,
children, unmarried siblings under 18, and parents.
If the principal is 21 or older on the date of application, qualifying members include the spouse and
unmarried children under 21.
In order for a family member to obtain U nonimmigrant status, they must (1) be a qualifying family
member (as described above), and (2) must be admissible to the U.S.
Family members do not have to be present in the U.S. to qualify as derivatives, but they should be
included in the application. Once the application is approved, they can follow to join the principal
applicant.
How many U-visas can USCIS approve?
USCIS may grant not more than 10,000 principal aliens U nonimmigrant status in any given fiscal
year (October 1 through September 30). This limitation, however, does not apply to spouses, children,
parents, and unmarried siblings who are accompanying or following to join the principal alien victim.
If the cap is reached in any fiscal year before all petitions are adjudicated, USCIS will create a waiting
list. Those on the list will be allowed to "stabilize" their immigration status via deferred action status.
They will be eligible to apply for employment authorization with this status. Their petitions can be
adjudicated after the start of the following fiscal year. This occurred for fiscal year 2010. See Section
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2.1 for a notice of how USCIS handled the capped out cases for that year (different procedures may be
followed in subsequent years).
How long does U-visa status last?
U nonimmigrant status cannot exceed four years; however, the agency grants extensions with
certification from a certifying agency that the alien‘s presence in the United States is required to assist
in the investigation or prosecution of a qualifying criminal activity.
When can a U-visa recipient apply for permanent resident status?
To apply for status as a permanent resident, the U-visa holder must have been physically present in
the U.S. for a continuous period of at least three years since the date of admission as a U
nonimmigrant, and the agency must determine that the individual‘s continued presence in the country
is justified on humanitarian grounds to ensure continuation of a cohesive family, or is otherwise in the
best interest of the public. Moreover, the individual must not have declined any reasonable request to
continue to cooperate with the investigation or prosecution of the crime committed against them.
Note that if your client was granted interim relief based on eligibility for a U-visa before the USCIS
issued its official rules on October 17, 2007, and has maintained continuous presence since that time,
the continuous presence will accrue from the date the interim relief was granted.
What fees does USCIS charge for this application?
There is no fee for filing Form I-918. Petitioners must, however, pay the established fee for biometric
services for each person between the ages of 14 and 79 included with each petition. The biometric fee
is currently $80 per person. Petitioners who are financially unable to pay the biometric services fee
may submit an application for a fee waiver.
Form I-192 requires a fee of $545.00. This is prohibitively expensive for many clients. Petitioners
who are financially unable to pay may submit a statement of economic necessity and request for fee
waiver. It should be a one page statement of client‘s current monthly budget and circumstances (no
health insurance, limited assets, etc.). It should include such documentation of circumstances as a
copy of benefits letter from DSHS (cash assistance, food assistance, medical coupons), a letter
confirming stay in a shelter, etc.
See Section 3, ―How to File a Request for a Fee Waiver‖ for instructions.
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U visa Application Process: Step-by-Step Guide
1. Meet with your volunteer students and create a file
 Once you have been assigned your case, the law students should meet with the supervising
attorney.
o Make a plan of action for your case and set some initial deadlines.
i. Remember: these deadlines should be revisited throughout the process of
working on your client‘s case, but it is very helpful to have a general timeline
to help your team stay on task together.
o Go through the U visa Packet Checklist (found in Section 2.1) and divvy up tasks,
designating a student to be the point person for each task.
i. Best practice: Attorneys are busy – Students should come to a consensus
before emailing attorney with questions – that way your supervising attorney
only has to respond to one email.
 Create a file for the client, including any derivatives that will be part of the case.
 Make duplicate copies of any of the pertinent documents, such as police reports, documents
that prove identity (birth certificate, passport), and NWIRP‘s intake form.
o Ensure that the client has at least one copy of each document (in addition to the
original), retain a copy at the attorney‘s office, and then take additional copies along
for your reference as necessary.
o It is vital to shred copies of any documents once they are no longer needed. Your
attorney should have a method of disposing of confidential documents in her/his
office.
2. Meet with your client
 If necessary, arrange for an interpreter (see Section 1.2) and sit down with your client; explain
how the U visa application process works.
 Have the client sign the appropriate releases and complete the Form G-28, Notice of Entry as
Attorney or Representative.
 Since you will be need to obtain the certification of a law enforcement official and may be
collecting supporting evidence from shelters or other community support services, obtaining a
signed release of information from your client is particularly important.
 Provide your client with a detailed explanation of the purpose of the declaration and the
desired format AND:
a. If your client will be creating a draft of his/her declaration, the written instructions
for writing the declaration in support of their U visa
OR
b. If you and your partner will be conducting an interview and drafting the declaration
from the client’s responses, provide him/her with a list of questions to help prepare
him/her for your next session
i. An explanation of how to draft a declaration and how to write a letter of
support is contained in the IFAP Manual, U visa Section.
ii. Written instructions are available in English and Spanish; IFAP can pay for
these to be translated to a different language by an interpreter if necessary.
 Your client should collect letters of support for both the U visa and the I-192 Waiver of
Inadmissibility.
a. Letters of support for the U visa focus on the crime your client survived and the
consequences, as well as on the victim‘s helpfulness.
b. Letters of support for the I-192 Waiver of Inadmissibility should show your client‘s
good moral character and highlight the great hardship he or she will suffer if
removed.
i. NOTE: There are tip lists for what to write in the letter(s) of support in the
IFAP Manual, available in English and Spanish.
 Explain the student/attorney division of work to your client.
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a. Your client should understand the supervisory relationship of the attorney to the
students, and that students cannot give legal advice but can relay info from attorney to
client.
3. Locate passports for your client and her derivatives
 If your client and her derivative family members do not have passports, arrange for them to
apply for passports from the consulate of the client‘s home country (if in the United States) or
from the client‘s home country‘s passport office (if outside the United States)
 Passport applications can take time to process. It may help to give the client a cover letter
from the attorney requesting expedited processing of the passport application.
 If it is impossible to obtain a passport for the client or derivative family member, a waiver of
the passport application can be submitted with the U petition on Form I-192 (if in the United
States) or Form I-193 (if outside the United States).
4. Obtain certification from law enforcement official
 Call the courthouse or police station to get copies of the police report(s) and/or court
document(s) if needed.
 Contact the investigating police officer and/or prosecuting attorney regarding certification.
a. Explain the relief provided by the U visa and the clearly proscribed role of the
certification in the application process and request that s/he sign the certification.
Sample explanation: Please note that by certifying the enclosed Supplement
B forms, you are in no way making a judgment as to the merits of [client’s
name]’s U visa application. The form is only an acknowledgement that
s/he “has been, is being or is likely to be helpful in the investigation and/or
prosecution of the criminal activity.”
b. See the sample cover letter and I-918 Supplement B Certification form, in the U visa
section of the IFAP Manual.
 Send a thank-you note to the certifying official.
5. Arrange a second meeting, or set up a phone consultation with your client
 Answer any questions your client has about the declaration(s) and/or letters of support.
Facilitate completion of the client‘s declaration.
 Encourage the client to work on his/her draft of the declaration(s)
OR
 Continue meeting with your client to interview and draft declaration
 Check in regularly to remind your client to continue gathering documentation and letters of
support, and to answer any new questions.
o
6. Organize the client’s file
 While waiting for your client to find individuals to write letters of support, organize the file
and go through the U visa Packet Checklist (in the IFAP Manual) to note any missing items
that will be needed for the application.
 Begin drafting your cover letter for the U visa application packet to USCIS.
 Translate birth certificate(s) [or arrange for a translator through IFAP if needed].
o Any documents that are translated into English must include this ―penalty of perjury‖
certification language at the end of the document, and be signed and dated by the
translator.
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I, ________________________, ATTEST TO MY COMPETENCY TO TRANSLATE FROM SPANISH
TO ENGLISH, AND I CERTIFY THAT THIS IS A CORRECT ENGLISH TRANSLATION OF ALL
PERTINENT INFORMATION FROM THE SPANISH ORIGINAL.
___________________________________
___________________________
Signature
Date
7. Revise the declaration(s)
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 Revise client‘s declaration(s). Make sure the supporting document(s) establish all the
elements required to be eligible for a U visa.
o Documents should be clearly organized, contain correct information that is consistent
throughout all documents and with the declaration, and be compelling.
 Finish drafting the cover letter to USCIS for the U visa application packet.
 Organize and paginate supporting documentation.
 Create cover letter index and input page numbers for application and supporting documents.
7. Send the application
 Send via certified mail w/ return receipt or via an express mail that allows tracking; mark the
envelope with ―VAWA – U-Visa Petition‖ in large red letters.
o Be sure to verify the correct mailing address for U visa applications coming from
Washington State at www.uscis.gov. Select ―forms‖, scroll to form I-918 and select.
 Once the return receipt arrives, record the date the case was received by the Vermont Service
Center. This will make it easier to track if you need to call the Center‘s service line to check
on the status of the case.
 Contact the IFAP case managers and report that your case was filed and when it was filed.
8. Contact your client
 Call or write a letter to your client with notification that the application has been received.
 Remind your client that it is crucial to notify you, the attorney of record, and USCIS, if s/he
moves or gets a new telephone number.
o If there are changes in contact information, assist your client in completing Form AR11, available online at www.uscis.gov.
9. Employment authorization and U visa status
 It is not necessary to file for employment authorization with the Form I-918, as it comes
automatically with the approved visa if the applicant indicates on the form that s/he wishes to
work.
 However, if any of the derivatives on the application would like a work permit, send a signed
Form I-765 for each derivative, along with 2 passport photos for each applicant, and a check
or money order made out to the U.S. Department of Homeland Security, or in the alternative,
a fee waiver request for each applicant. See sample fee waiver request and Form I-765 in
Section 3.
 Note: Clients must have Employment Authorization Documents in order to get Social
Security Numbers.
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§ 2.1: Sample Packet for the U-visa and Waiver of Inadmissibility
Contents
U-visa Packet Checklist
Sample U-visa Cover Letter
a U-visa (English)
a U-visa (Spanish)
Instructions for Completing the U-visa Law Enforcement Certification Form
Sample Cover Letter for Certification Request – Prosecutor‘s Office
How to Write a Letter of Support for a U-visa Application (English)
How to Write a Letter of Support for a U-visa Application (Spanish)
Preparing a U-Visa petition: Which forms will you need?
Forms and Instructions for I-918 and I-192
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Introduction
This segment of the manual contains examples of the documents which each U-visa packet should
contain. Client-specific portions of these samples should not be copied word for word. These examples
are intended to serve as guides for effective writing. We hope you will find them helpful tools as you
build your case, and work with your client to draft personal declarations.
Before sending your U-visa packet, you should review the checklist at the beginning of the section to
be sure all necessary forms and evidence are included.
When it is complete, write "VAWA – U-Visa Petition" in large red letters on the front of the envelope.
Send the application packet via certified mail or express mail that can be tracked to the Vermont
Service Center.
Department of Homeland Security
USCIS- Vermont Service Center
Attn: VAWA – U Visa Petition
75 Lower Welden Street
St. Albans, Vermont 05479-0001
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U visa Packet Checklist
 Cover letter to USCIS for entire U visa application packet
 Form G-28, Entry of Appearance, printed on light blue paper
 Signed Form I-918, including:
 I-918 Supplement B, Certification of Law Enforcement Official
 Remember, the Certification has a 6-month shelf life!
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











Confirm that the Certification was signed in the six months preceding the
filing of the I-918
 Signed Form I-918 Supplement A for each derivative family member
Copies of identity document (birth certificate, passport, or government issued ID) for client,
with certified translations where necessary
Copies of identity documents (birth certificate(s), passport(s), or government issued ID) for
each derivative, with certified translation(s) where necessary
Client‘s Personal Declaration for the U-visa (or from parent or guardian where U visa
petitioner is 15 years of age or younger at the time of the crime, incapacitated, or
incompetent)
Copies of immigration documents indicating lawful entry, such as I-94 card, if applicable
Text of applicable statute(s) for each crime indicated
Police report(s)
Court documents (if applicable)
Medical records (if applicable)
Other supporting documents
Letters of support for U visa
Biometrics fee ($80) in the form of a check or money order, made out to the U.S. Department
of Homeland Security OR fee waiver request
Signed Waiver of Inadmissibility, Form I-192
Personal Declaration of client establishing extreme hardship, in support of Form I-192,
Waiver of Inadmissibility
Form I-192 application fee of $545 OR Fee Waiver request and Declaration in support of the
Fee Waiver request
Letter(s) of support for waiver of inadmissibility
Biometrics fee of $80 or fee waiver request, along with other evidence, if any, supporting
request for each derivative family member who is inadmissible under § 212(a)
o Note: The biometrics fee is not required for children who are:
 Living in the U.S. and under the age of 14 years
 Living outside of the United States
 Fingerprinting cards are sent to the attorney of record, to be sent
abroad for the child(ren) to have prints taken there
Form I-765, Application for Employment Authorization, for each derivative who wishes to
apply for Employment Authorization Documents and/or be issued a Social Security Number
Page | 43
Sample Cover Letter for U-visa
DATE
USCIS – Vermont Service Center
VAWA Unit - U-Visa Petition
St. Albans, VT 05479-0001
RE: DOE, Jane, A# XXX [if known, include the alien registration number]
 Application for U Nonimmigrant Visa
 Request that Ms. Doe’s children, James Smith and Jill Smith, be included as
Derivatives Accompanying the Applicant
My office represents Ms. Jane Doe (―Ms. Doe‖) in her immigration matters. A G-28
Notice of Appearance is enclosed. Also enclosed, please find documentation in support of
Ms. Doe‘s application for a U visa.
In accordance with Victims of Trafficking and Violence Protection Act of 2000,
Ms. Doe should be granted a U visa. See Victims of Trafficking and Violence
Protection Act of 2000 (VTVPA) § 1513(b), INA §101(a)(15)(U). Additionally, Ms.
Doe requests that her children, James Smith and Jill Smith, be included as accompanying
derivatives. See the Violence Against Women and Department of Justice Reauthorization Act
of 2005 § 801(b)(2) (―VAWA 2005‖).
Under INA, §101(a)(15)(U)(i), a person is eligible for a nonimmigrant U visa if s/he:




Has suffered substantial physical or mental abuse as a result of having been a
victim of criminal activity described in the statute;
Possesses information about the criminal activity;
Has been helpful, is being helpful, or is likely to be helpful to a federal, state,
or local official investigating or prosecuting the criminal activity;
and
The criminal activity occurred in the United States or violated the laws of the
United States.
As established in the attached documentation, Ms. Doe suffered severe physical and
mental abuse as a victim of domestic violence committed by her former boyfriend, John
Smith. Domestic violence is one of the crimes specifically listed in the VTVPA §
1513(b)(3). See INA § 101(a)(15)(U)(iii). The criminal activity occurred primarily in the
State of _______. As the victim of the crime, Ms. Doe possesses information about the
criminal activity.
Eligiblity for U Nonimmigrant Status
[INCLUDE A NARRATIVE/A FEW PARAGRAPHS ABOUT THE INCIDENTS THAT
LED TO POLICE CONTACT, AS WELL AS DETAILS ABOUT THE INVESTIGATION,
ANY PROSECUTION, AND THE VICTIM‘S COOPERATION. PINPOINT CITATIONS
TO SUPPORTING DOCUMENTATION THAT ARE HELPFUL TO THE
ADJUDICATOR.]
Page | 44
Eligibility for I-192 Inadmissibility Waiver
Ms. Doe [and her derivative children, X and X) believe that they are subject to INA §§
212[insert relevant citation] and hereby submit Form I-192 to cure these grounds of
inadmissibility, and any and all other grounds the service deems necessary.
The Battered Immigrant Women Protection Act of 2000 creates a waiver specific to U
nonimmigrant status. Under this waiver, the Secretary of Homeland Security has the
discretion to waive any ground of inadmissibility with respect to applicants for U visa status,
except the ground applicable to participants in Nazi persecutions, genocide, acts of torture, or
extrajudicial killings. USCIS will evaluate the application to determine whether it is in the
public or national interest to waive the applicable grounds of inadmissibility. 8 CFR §
212.17(b)(1).
It is in both the public and national interest that Ms. Doe and her derivative children be
granted this waiver so that they may remain in the United States in U nonimmigrant status. In
creating the U Visa, Congress targeted the most vulnerable crime victims, undocumented
individuals like Ms. Doe and her children, because they are the most afraid to access justice
for fear of removal. Ms. Doe overcame this fear and cooperated with law enforcement, which
led directly to her abuser‘s arrest [or other applicable detail]. Denying U visas to those with
undocumented status would undermine the purpose of the U visa, as victims would not be
willing to report crime for fear of deportation. It is therefore in the national and public
interest to grant waivers to those whose inadmissibility is directly connected to being
undocumented.
Ms. Doe has made many important connections in Washington State. [insert narrative
describing equities, including children‘s current school enrollment, involvement in
community, etc.] After the violence they have endured, Ms. Doe and her daughter deserve
the chance to continue to rebuild their life in the United States. Therefore, we respectfully
request that the Service exercise its discretion in granting them waivers for the grounds of
inadmissibility.
[If applicable:] We further request that Ms. Doe and her children be granted fee waivers for
Form I-192, pursuant to 8 C.F.R. § 103.7 (c)(5)(iii). Ms. Doe is a low income immigrant
with very few resources. She is struggling to rebuild a life for herself and her five children,
three of whom are U.S. citizens.
Accordingly, Ms. Doe has established prima facie eligibility for a U visa. Thus, she should
not be removed from the United States, and she requests the opportunity to avail herself of
the protections of the VTVPA. Ms. Doe also requests that USCIS grant her children, James
Smith and Jill Smith, U nonimmigrant status as accompanying derivatives.
Enclosed please find an index of the supporting documents for CLIENT‘S application for U
nonimmigrant Visa and all of the referenced documents.
Thank you for your prompt attention to this matter. I look forward to your response.
Sincerely,
Signature
Attorney Name and Phone Number
Page | 45
Index of supporting documents for the Petition for
U Nonimmigrant Status
for JANE DOE, DOB XX/XX/19XX
Document relates to:
Exhibit
#
Document
Substantial physical
or mental harm
Information
about the
crime
Helpfulness
Qualifying
U.S. crime
In Support of
Waiver of
Inadmissibility
X
1.
Affidavit of Jane Doe describing
her daughter‘s experiences as a
crime victim and the substantial
harm that her daughter has suffered,
as well as the harm to herself.
X
X
X
X
2.
Form I-918
X
X
X
X
3.
Supplement B to Form I-918
X
X
X
X
4.
Form I-192 [fee waiver requested]
5.
Fee Waiver Request for Biometrics
Fee and I-192 Fee
6.
G-28 Notice of Appearance as
Attorney
7.
Copy of Identity page of Ms. Doe‘s
Mexican Passport
Applicant
info
X
X
X
X
X
X
Page | 46
Exhibit
#
Document
or mental harm
Information
about the
crime
Helpfulness
8.
Certified English Translation of Ms.
Doe‘s birth certificate, with original
in Spanish
9.
Copy of Kent Police Department
Case Report dated XX/XX/2008
10.
Copy of Certified King County
Docket showing Mr. Doe‘s plea of
guilty
11.
Copy of Summons/Subpoena
Notice for Ms. Doe to appear on
04/10/2009
X
12.
Copy of Subpoena issued to Jane
Doe Jr., Ms. Doe‘s daughter
X
13.
Copy of Petition for Order of
Protection and Temporary Order for
Protection for the protection of Ms.
Doe and her children against Mr.
Doe, filed xx/xx/2008
Qualifying
U.S. crime
In Support of
Waiver of
Inadmissibility
Applicant
info
X
X
X
X
X
X
X
X
Page | 47
Exhibit
#
Document
14.
Copy of Order for Protection for the
protection of Ms. Doe and her
children against Mr. Doe, filed
xx/xx/2008
15.
Copy of WATCH (Washington
Access to Criminal History) Report
for Mr. Doe, listing offenses
committed against Ms. Doe‘s child,
Jane Doe Jr.
16.
Copy of Kent Police Department
transcript and incident report, dated
xx/xx/07
17.
18.
19.
Copy of Jane Doe Jr.‘s Birth
Certificate, USC daughter of Ms.
Doe
Copy of John Doe Jr.‘s Birth
Certificate, USC son of Ms. Doe
Copy of Parenting Program
Certificate of Completion from
Morgan Counseling
or mental harm
Information
about the
crime
Helpfulness
Qualifying
U.S. crime
X
Applicant
info
X
X
X
In Support of
Waiver of
Inadmissibility
X
X
X
X
X
X
Page | 48
Exhibit
#
20.
21.
22.
23.
24.
25.
26.
27.
Document
Copy of Certificate of Completion
from La Esperanza Health
Counseling Services
Letter of Support from XXXX,
Director, La Esperanza Health
Counseling Services
Letter of Support from YYYY,
friend of Ms. Doe
Letter of Support from AAAA,
friend of Ms. Doe
Certified English translation of
support letter from BBB, friend of
Ms. Doe
support letter from CCC, member
of Ms. Doe‘s congregation
support letter from DDD, friend of
Ms. Doe
support letter from EEE, friend of
Ms. Doe
or mental harm
Information
about the
crime
Helpfulness
Qualifying
U.S. crime
In Support of
Waiver of
Inadmissibility
Applicant
info
X
X
X
X
X
X
X
X
Page | 49
Exhibit
#
28.
29.
30.
31.
32.
Document
support letter from FFF, friend of
Ms. Doe
support letter from GGG, friend of
Ms. Doe
support letter from Pastor HHHH,
friend and pastor of Ms. Doe
Letter from IIII, Certified
Physician‘s Assistant
Letter from JJJJ, MD and MMMM,
LPN
or mental harm
Information
about the
crime
Helpfulness
Qualifying
U.S. crime
In Support of
Waiver of
Inadmissibility
Applicant
info
X
X
X
X
X
X
X
Page | 50
[This letter is intended to provide an example of a possible format for the declaration and to show what kinds of
information a declaration might contain. Do not copy any information that does not apply to you. This sample
declaration is completely fictional.]
Declaration of ________________________________________________
1.
My name is ____________________. I was born on December 1, 1972, in Mexico City, Mexico.
I arrived in the United States on August 1992, with a student visa. Currently, I live in Seattle,
Washington. I have two children, Jane Smith and John Smith, who live with me.
2.
I started dating my boyfriend Joe Smith in November 1993. At first he seemed warm, funny, and
charming. We dated for almost a year before moving in together in September 1994. Joe is a U.S.
citizen, and he promised to marry me and sponsor me for a Green Card. Every time we discussed
marriage, he would tell me to be more patient.
3.
Soon after Joe and I moved in together, our relationship became troubled. He became very jealous,
and would get very angry if I talked to other men. After a while, he started pressuring me to quit
my job. We did not have any children, but he insisted that I should be at home. He said this would
be less stressful for me, and that he would take care of me, but I believe that he wanted to be able
to watch me more closely.
4.
Joe started drinking heavily about six months after we moved in together. One evening in late
1995, we were arguing while he was drunk. He became very angry and pushed me against a wall.
5.
After that, Joe began pushing me or throwing things at me regularly during fights. This happened
about once every couple months at first. When this first happened, I did not even consider calling
the police because I did not think they would do anything.
6.
In June 1996, I found out that I was pregnant. Joe was very angry when he found out because I
was taking birth control pills. He accused me of skipping them and purposely getting pregnant.
He pushed me to the ground, and I hit my head on the wall as I fell. I did not do anything because I
was afraid of making him angrier.
7.
After I had Jane in January 1997, I stopped working. My relationship with Joe became more
peaceful for a while because I did not often leave the house. It was also easier to avoid talking to
him because I was taking care of Jane.
8.
Joe started staying away from the house most of the time. He would go out drinking most nights,
and some nights he did not come home. I was relieved sometimes that he was not home much.
But Joe was drinking so much that he stopped giving me as much money for food or other things
for Jane. I felt like I could not go back to work, but I did not have enough money to pay the bills.
We would often fight about money.
9.
When Jane was about six months old, Joe hit me again. I was putting Jane to bed after a
particularly bad fight, and he came up behind me at hit me in the head with a book. It made me
very angry that he would assault me while I was taking care of our baby.
10. Joe and I stopped having sexual relations after I got pregnant with Jane. A few months after she
was born, Joe started trying to get me to have sex with him, and I refused. However, Joe started
forcing me to have sex when Jane was about a year old. He raped me about five times. One of
these times, around March 1999, I got pregnant with my son John.
11. I had been considering leaving Joe because he was becoming increasingly violent, but when I
realized that I was pregnant again, I decided not to leave because I did not know how I could
Page | 51
support two children. Joe always humiliated me and told me that I was stupid and lazy, and I
began to believe that I could not get by on my own.
12. In May 2000, Joe pushed me while I was walking down the stairs, and I fell. I was not seriously
injured but I did not talk to the police because I was terrified of Joe, but I did decide that I needed
to find a way to leave him.
13. On October 5, 2000, I told Joe that I was leaving him. He became furious and started screaming at
me. I became afraid, and tried to leave the apartment. However, he grabbed me and threw me to
the floor.
14. Usually when Joe pushed me or hit me, he would then stop and cool down, but this time, Joe
jumped on top of me. He grabbed my shoulders and kept screaming at me and threatening me. He
held me down and hit me in the face. I was afraid he was going to kill me. I managed to calm him
down by telling him that I was sorry and I would stay. When he let me up, I ran into the bathroom,
locked the door, and called a friend. She called the police for me, and the police came about ten
minutes later.
15. Before the police arrived, Joe realized that I had locked myself in the bathroom. He started
screaming and threatening to kill me if I did not come out. I was afraid that he might break down
the door. I told him that I had called the police and they would arrive any minute. Joe left the
apartment when I told him that the cops were on the way.
16. The police came and I told them everything that happened and made a police report. The police
found Joe the next day and arrested him. At first he denied doing anything, but I had a bruise on
my face from where he had hit me, and one on my thigh from falling.
17. I was willing to testify at his trial if necessary, but Joe pled guilty to assault, and served one month
in jail and is serving two years of probation. Additionally, he is undergoing counseling for anger
management.
18. I cannot return to Mexico, because my children, who are citizens of the United States would live in
poverty there. Joe has threatened to have me deported and to keep our children with him. I am
afraid that if I had to go back to Mexico, Joe would be able to get custody of our children because
of the conditions there. I believe it would be very bad for the children to be with Joe because of his
violent temper. I am doing the best I can to rebuild my life, but I need a visa and work permission
to be able to give my children a safe and secure life in the United States.
I, ____________________, affirm under penalty of perjury under the laws of the United States, that
the foregoing is true and correct to the best of my knowledge.
________________________________________
Signature
___________________
Date
Page | 52
How to Write a Personal Declaration in Support of an Application for a
U-Visa
Your personal declaration is essential in showing immigration authorities that:

You suffered substantial physical or mental abuse as a result of being a victim of a crime, such as
domestic violence or sexual assault – and

You have been helpful, are being helpful, or are likely to be helpful to the investigation or
prosecution of that crime.
This is your opportunity to tell your story to immigration. Begin by introducing yourself, for example
give your name, date of birth, place of birth, the date you entered the United States, and the city where
you live now.
The most important part of the declaration is describing what happened to you.





Who hurt you?
What happened? When and where?
How did you feel?
Were you injured?
If it happened more than once, try to describe each time that you remember.
Give detailed information about how you helped with the investigation of the crime.




Did you call the police? How many times and when?
Did you make a statement to the police?
Did you testify in court?
If you did not report every time to the police, you may want to explain why – Did the person
abusing you threaten to hurt you? Were you afraid that you would be deported if you talked to
police?
It is often emotionally difficult to think and write about what happened. If you are having trouble, your
domestic violence advocate, legal advocate, or attorney may be able to help. If you don‘t feel
comfortable writing in English, write your declaration in your own language; there are resources
available for translation. It is important to provide as much specific detail as possible. It may be useful
to look at statements that you made in a police report or application for a restraining order to remember
details. Begin working on your declaration as soon as possible, so you will have time to correct errors
and make changes.
It is very important for the immigration authorities to believe that you are telling the truth. Make sure the
information is consistent and accurate. If you do not remember some detail, such as a date or place, do
not make it up. You can simply explain that you are not sure and you are giving an estimate.
At the end of your declaration, write the following:
I affirm, under penalty of perjury, that all of the foregoing statements are true and correct to the best
of my knowledge.

Finally, sign and date your declaration.
Page | 53
Cómo escribir una declaración personal para solicitud de Visa U
La declaración personal es uno de los documentos más importantes para demostrar a las
autoridades de inmigración que:

Usted ha sufrido abuso sustancial físico o mental a consecuencia de ser víctima de un crimen o
delito, como sea la violencia doméstica o el abuso sexual – y

Usted ayudó, está ayudando, o probablemente va a ayudar con la investigación o el proceso
criminal.
Inicie su declaración presentándose personalmente. Por ejemplo, escriba su nombre, fecha de
nacimiento, lugar de nacimiento, fecha de entrar en los Estados Unidos, y el lugar donde usted vive
ahora.
La parte más importante de la declaración es la presentación de los detalles del abuso.






¿Qué pasó?
¿Quién le hizo daño?
¿Cuándo y dónde?
¿Cómo se sentía usted?
¿Tenía heridas?
Si ocurrió más de una ocasión, trate de describir cada incidente que usted recuerde.
También, escriba información detallada sobre como usted ayudaba con la investigación del abuso.




¿Llamó usted a la policía? ¿Cuándo y cuántas veces?
¿Hizo un informe policial?
¿Testificó en un tribunal?
¿Si no reportó cada incidente a la policía, había alguna razón que le impidió contarlo? – ¿El
abusador le amenazó? ¿Tenía usted miedo de la deportación si hablara con la policía?
Muchas veces es difícil emocionalmente pensar y escribir sobre que lo sucedido. Por favor, pida ayuda
de su trabajador social de violencia doméstica o su abogado o ayudante legal. Si no se siente cómoda(o)
escribiendo en inglés, escriba la declaración en su propio idioma. Hay recursos disponibles para la
traducción.
Es importante dar todos los detalles que sean posibles. Tal vez esto le ayude a recordar los detalles si
usted mira los reportes de la policía o su aplicación para orden de protección. Empiece a trabajar en su
declaración lo más pronto posible, para que tenga bastante tiempo de corregir errores y hacer cambios a
la primera versión.
Es muy importante que las autoridades de inmigración crean lo que usted les cuenta. Debe estar
segura(o) que la información es precisa y coherente. Si no está segura de algún detalle, como una fecha o
un lugar, no lo invente. Simplemente puede explicar que no esta segura y que esta dando una
aproximación.
Al final de su declaración, debe incluir las siguientes frases:
I affirm, under penalty of perjury, that all of the foregoing statements are true and correct to the best
of my knowledge.
Declaro solemnemente, bajo la pena de perjurio, que todo lo anteriormente escrito es la verdad a mi
leal saber y entender.

Finalmente, firme la declaración y ponga la fecha.
Page | 54
Completing the U-visa I-918 Supplement B, Law Enforcement Certification
The I-918, Supplement B, Law Enforcement Certification must be obtained from a federal, state, or local
law enforcement official, and needs to demonstrate the petitioner ―has been helpful, is being helpful, or is
likely to be helpful‖ in the investigation or prosecution of the criminal activity. Further, either the head of
the agency or a supervisor designated with the authority to issue certifications on behalf of the agency
must sign the certification.
Helpful tips for getting the Certification




Most important: Be patient and persistent!
Your client may already have a copy of the police report, notices of court hearings, or copies of
no contact or protection orders.
o Save time by asking the client for any documentation already in his/her possession.
o If the client does not have a pertinent document, check to see if the client‘s domestic
violence case worker or a victims‘ advocate may have copies.
If it is not convenient to go to the police station or a courthouse that is out of the area, search the
internet, or call and ask about procedures for submitting a written document request.
o Note: Some offices may charge a small processing fee for the documents.
o Remember: Police reports and many court records are public information.
Before contacting a potential certifying official, there are several steps you can take to make the
process go smoothly.
o Gather as much documentation as possible, including police reports and incident
numbers, court case numbers, and the name of the abuser as found in court documents.
o Provide the official with copies of any relevant documents.
o Write up a cover letter summarizing the assistance you are requesting.
 Let the official know that s/he is not making a judgment as to the merits of your
client‘s application. Assure them that the form is only acknowledges that s/he





―has been, is being or is likely to be helpful in the investigation and/or
prosecution of the criminal activity.‖
Be sure to make a list of the documentation you are including for the official‘s
information, and summarize the key facts (such as date of the incident, suspect‘s
name, and case number).
 See the two versions of the Sample Cover Letter for Certification Request, found
later in this Section.
o Pre-fill the Form I-918 to the extent possible. Send the fillable pdf of the Form via e-mail
to the official so that s/he can easily complete the Certification and simply print, sign,
and mail.
o Include the contact information for the supervising attorney, as well as the address where
the completed Form I-918 Certification and any additional documentation should be
sent.
Then, start by contacting the police officer, victims‘ advocate, or prosecuting attorney listed on
the client‘s documents. Even if the first person you contact is unable to provide the Certification,
it is likely you will be referred to someone who can.
Make several calls and follow up with emails – to the police department, courthouse or
prosecutor‘s office.
Set deadlines.
o Don‘t be afraid to ask the official to provide you with the completed Certification within
2 weeks of providing the partially completed forms.
o Be sure to extend your request deadline if you ask the official to provide additional
documentation, such as a history of the abuser‘s domestic violence offenses against your
client.
Be sure to send a thank you note to the certifying official. Acknowledge that the Certification
Form I-918 and any other supporting documents were received.
Page | 55
Sample Cover Letter for Certification Request – Prosecutor’s Office
February 19, 2010 [date]
Certifying Agency [i.e., police department, prosecutor‘s office]
Name of Certifying Official
Title of Certifying Official
Address
Address
City, State Zip
Dear Mr./Ms. _[law enforcement officer]_________________,
My name is Jonny Pocket [IFAP student], and I am writing on behalf of Juana Smith-Silva [client‘s name
as in official records]. This past spring [provide a general time frame for the incident(s)], Ms. SmithSilva [client‘s name] was the victim of domestic violence and reported the incident to the Seattle Police
Department [police agency].
Fellow law student Molly Wonder [IFAP student‘s partner] and I, under the supervision of attorney A.B.
Candy [IFAP supervising attorney], are providing legal services to Ms. Smith-Silva [client‘s name].
Under the Victims of Trafficking and Violence Protection Act, victims of crimes who assist government
and law enforcement officials in investigating or prosecuting the criminal activity may be eligible for
immigrant benefits. In order to apply for these benefits our client needs to provide a certification
demonstrating that [s/he] ―has been helpful, is being helpful, or is likely to be helpful‖ in the
investigation of the crime. This certification (see enclosed Form I-918, Supplement B, U Nonimmigrant
Status Certification) must be provided by a federal, state or local law enforcement official.
Please note that by certifying the enclosed Supplement B forms, you are in no way making a judgment as
to the merits of Ms. Smith-Silva‘s [client‘s name] U-visa application. The form is only an
acknowledgement that s/he [client‘s gender] ―has been, is being or is likely to be helpful in the
investigation and/or prosecution of the criminal activity.‖
Victim Advocate Amelia Bedealia [DV advocate, police officer, or other referring professional] directed
me to contact you for assistance with the certification and in acquiring copies of several other important
documents related to Ms. Smith-Silva‘s [client‘s name] case.
Suspect: John Juan Epstein [suspect‘s name as in official records]
Date: February 10, 2007 [date of reported incident]
Incident/Report Number: 07-00100 [incident or report number, if available]
Seattle Municipal [Court Name] Court Case Number: 999999 [case number, if available]
We would greatly appreciate your help with the following items:
 Form I-918, Supplement B, U Nonimmigrant Status Certification (see enclosed form)
 Photos of Ms. Smith-Silva taken by the police, related to Incident Number 07-00100
 Police incident report [if not already provided in NWIRP‘s file or by the client]
If any of the following are already in existence, please include copies of these as well:
 Complaint
 Case docket
 Statement of probable cause
 Plea statement
 Judgment and sentence
Any questions you have related to this certification can be directed to me via e-mail
(blahblah@u.washington.edu) or phone at 206.111.3456 [phone number]; or to attorney A.B. Candy
[IFAP supervising attorney] via e-mail (abcandy@gingerbread.com) or phone at 206.444.4444.
Page | 56
I can either personally pick up the documents when they are ready, or they can be mailed to the attorney
of record at:
A.B. Candy [IFAP attorney‘s contact information]
WR Boathouse Counsel, P.S.
121212 1st Ave SW, Ste 4000
Seattle, WA 98101
abcandy@gingerbread.com [email]
206.444.4444 [telephone number]
206.444.4445 [fax number]
Thank you for your time and consideration in this matter.
Sincerely,
Jonny Pocket
J.D. Candidate 2013
Page | 57
September 2, 2010
Certifying Agency [i.e., police department, prosecutor‘s office]
Name of Certifying Official
Title of Certifying Official
Address
Address
City, State Zip
Re: U-Visa Supplement B Certification for Ms. Juana Smith-Silva [client‘s name]
Dear Commander [title of law enforcement officer],
I am a law student working with attorney A.B. Candy [IFAP supervising attorney] who represents Ms.
Juana Smith-Silva [client‘s name]. I am writing to respectfully request your assistance for our client, as
Ms. Smith-Silva [client‘s name] is applying for a U-visa for immigrant victims of crime under
§101(a)(15)(U), 214(o), and 245(i) of the U.S. Immigration and Nationality Act.
In order to be eligible for a U-visa, a certifying agency, which includes local law enforcement agencies,
must acknowledge that Ms. Juana Smith-Silva [client‘s name] was a victim of a qualifying crime and that
she suffered direct harm as a result. In addition, the official must acknowledge that the victim was
helpful and assisted law enforcement authorities in its investigation.
On February 10, 2007 [date], Ms. Smith-Silva [client‘s name] was the victim of domestic violence,
which is a qualifying crime for U-visas, perpetrated by her husband, John Juan Epstein [suspect‘s name
as in official records]. Ms. Smith-Silva [client‘s name] assisted police by asking her neighbor to call the
police and by filing a police report 07-00100 [incident or report number, if available]. A copy of the
report is attached to this letter.
The case was referred to the district attorney who prosecuted Mr. Epstein [suspect‘s name], who was
later convicted of battery. Please see the attached court record for Case # 999999 [case number, if
available].
Please note that by certifying the enclosed Supplement B forms, you are in no way making a judgment as
to the merits of Ms. Smith-Silva‘s [client‘s name] U-visa application. The form is only an
acknowledgement that she ―has been, is being or is likely to be helpful in the investigation and/or
prosecution of the criminal activity.‖
Please contact A.B. Candy [IFAP supervising attorney] if you have any questions or need additional
information. She can be reached at abcandy@gingerbread.com [email] or by phone at 206.444.4444
[telephone number]. We respectfully ask that you return the documents to us by Friday, September 15,
2010 [date].
Thank you for your consideration.
Respectfully,
Jonny Pocket
J.D. Candidate 2013
Page | 58
How to Write a Letter of Support for a U-visa Application
Letters in support may be very useful for helping a U-visa applicant demonstrate to the
immigration authorities (Department of Homeland Security) that she or he:

Suffered substantial physical or mental abuse as a result of being a victim of a crime, such as
domestic violence or sexual assault – and

Has been helpful, is being helpful, or is likely to be helpful to the investigation or prosecution of
that crime.
Any information you can provide to support the other evidence the applicant submits will be useful to the
case.
Please put the date at the top of the letter and address it to ―To Whom it May Concern.‖
Begin by introducing yourself. For example, give your name, where you work, and your telephone
number. Explain how you know the applicant and what services you and your agency have provided.
Describe any special qualifications you may have for understanding the victim‘s situation.
The immigration authorities may be interested in how you know the information you are sharing. It often
helps to begin sentences with phrases such as, ―I saw…,‖ ―I heard…,‖ or ―The police told me….‖
Specific information about the abuse or other crimes is very useful. Please include details such as names,
locations, and dates whenever possible.
If you know about the abuse, describe the nature, evolution, and severity of the abuse. Include
descriptions of specific incidents, any injuries you know about, the victim‘s response to the abuse, her
attempts to seek help, and anything that prevented her from getting help.
Include information about verbal abuse or threats, such as threats of physical injury, to take the children
away, to harm the victim‘s family, or to have the victim deported. Also, provide specific information
about how abuse affected the victim, either mentally, physically, or both.
Give any details that you know about the applicant‘s contact with the police or other officials, for
example if the police were called, and if the victim gave a statement to police or testified in court. Also,
provide any information that you know about what sort of help the applicant has gotten from police or the
courts.
It is very important that all of the information submitted in the U Visa application be consistent and
accurate, so please check with the applicant to confirm the information that you are providing. If you do
not remember details, please do not make them up. You can, however, explain that you are not sure and
you are giving and estimation.
Please conclude your letter with the following statement:
I affirm, under penalty of perjury, that all of the foregoing statements are true and correct to
the best of my knowledge.
Finally, sign and date your letter.
Thank you for your support!
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Cómo escribir una Carta de Apoyo para una solicitud de Visa U
Las cartas de apoyo pueden ser muy importantes para ayudar a la(el) solicitante de una Visa U
demostrar a las autoridades de inmigración (Department of Homeland Security) que la persona:

Ha sufrido abuso sustancial físico o mental a consecuencia de ser víctima de un crimen o delito,
como sea la violencia doméstica o el abuso sexual, y

Ayudó, está ayudando, o probablemente va a ayudar con la investigación o el proceso criminal.
Cualquier información que usted pueda proporcionar para sostener la evidencia de la solicitante en su
aplicación puede ser muy útil al caso.
Inicie su carta presentándose personalmente. Por ejemplo, escriba su nombre, el lugar de su trabajo, y su
número de teléfono. Explique cómo conoce a la solicitante.
Las autoridades de inmigración muchas veces quieren conocer los detalles de cómo es que usted sabe la
información que está dando. Muchas veces, se ayuda empezar con frases ―Yo vi…,‖ ―Yo escuché…,‖ o
―La policía me dijo….‖
Información específica sobre el abuso u otros crímenes es muy útil.
específicos como nombres, lugares, y fechas cuando sea posible.
Por favor, incluya detalles
Si sabe del abuso, describa el tipo y la gravedad del abuso y cómo lo evolucionó. Incluya descripciones
de incidentes específicos, heridas que usted sabe, la reacción de la víctima, las acciones de la victima
para tratar de conseguir ayuda, y los obstáculos que le impidió conseguir ayuda.
Incluya información sobre el abuso verbal o amenazas, así como amenazas de daño físico, separación de
sus hijos, deportación, o amenazas contra la seguridad de la familia de la víctima.
Incluya detalles si usted los sabe del contacto de la solicitante con la policía u otras autoridades, por
ejemplo si alguien llamó a la policía o la víctima hizo un informe policial o testificó en un tribunal.
También, si sabe, explique que tipo de ayuda o protección la(el) solicitante ha recibido de la policía o de
los tribunales.
Es muy importante que toda la información en la aplicación para la Visa U sea clara, precisa y coherente.
Por favor, compruebe la información en su carta con la(el) solicitante. Si no está segura(o) de algún
detalle, no lo invente. Simplemente usted puede explicar que no está segura(o) y que está dando una
aproximación de los hechos.
Al final de la carta, por favor incluya las siguientes frases:
I affirm, under penalty of perjury, that all of the foregoing statements are true and correct to
Declaro solemnemente, bajo la pena de perjurio, que todo lo anteriormente escrito es la
verdad a mi leal saber y entender.
Finalmente, firme la carta y ponga la fecha. ¡Gracias por su apoyo!
Page | 60
I, Juana Doe, hereby declare:
1. My full name is Juana Doe. I was born on January 26, 1975 in Guadalajara, Mexico. I am writing
this declaration in support of the waiver of inadmissibility I am filing with my application for a
U-Visa. I am filing an application for a U-Visa on my own behalf and I am filing for derivative
status for my son Jose Garcia. If you require any additional information, please contact my
attorney, Sally Advocate. Her address is NWIRP, 615 2nd Avenue, Suite 400, Seattle,
Washington 98104.
2. I have suffered substantial physical and mental abuse as a victim of domestic violence committed
by the father of my children and long-time boyfriend, Jesus Garcia. I reported Mr. Garcia to the
police and I helped the police with the filing of numerous police reports during their
investigations of Mr. Garcia.
3. I first met Mr. Garcia when I was about 9 years old. By the time I was 15 years old, I was dating
Mr. Garcia. I moved in with Mr. Garcia when I was 18 years old. Mr. Garcia started to physically
and psychologically abuse me within a few months of moving in together. In addition, Mr.
Garcia often locked me in our bedroom and withheld food from me.
4. Despite Mr. Garcia's abusive behavior, I joined him in California with our young child. It was in
California that I learned that he was abusing cocaine. After learning that Mr. Garcia was seeing
other women, I left him and fled to Washington. Mr. Garcia followed me to Washington when he
learned that I was pregnant with our second child, Sarah Garcia. In Washington, I became
pregnant with our third child, Michelle Garcia. Mr. Garcia continued to abuse me until December
2004 when I left him. Despite our separation, Mr. Garcia continued to harass, belittle, and
threaten me. Mr. Garcia threatened to kill himself, he threatened to kill me, and he also
threatened to have my children taken away.
5. When I could not take any more threats and harassments, I filed a petition for an order of
protection. On October 23, 2005, a temporary order for protection was issued. On November 6,
2005 a full order for protection was issued. Despite these attempts to obtain protection, I had to
call the police numerous times after Mr. Garcia refused to abide by the Order.
6. Most recently, in November 2006, Mr. Garcia came to my apartment. Mr. Garcia was drunk and
he demanded to see my children. When I reminded Mr. Garcia about the Order and attempted to
lock him out, Mr. Garcia began to scream and tried to break into the apartment. Only after I tried
to call the police did Mr. Garcia leave.
7. With my assistance, Mr. Garcia was arrested at least two times for his domestic violence and his
various violations of my protective orders. Mr. Garcia made me fear for my life, and the safety of
my young children as well. Though Mr. Garcia made me suffer tremendously, I am happy that I
have now been granted deferred action.
8. I am now applying for a waiver of inadmissibility in conjunction with my application for a UVisa. My children and I would suffer extreme hardship if we were forced to return to Mexico.
9. My children and their safety is the most important thing to me. All three of my children are
enrolled in school. All of their classes are taught in English and all three of them speak English
better than Spanish. Jose Garcia is in the fifth grade at Vine Hill Elementary School. Jose loves
school and now he does well. Before, Jose was struggling school. When his father was getting
violent with me and being abusive to us, Jose was having a difficult time focusing on school. He
could not concentrate. In about 2005, Jose Francisco joined a special program for children who
were having problems at home. The program helped Jose Francisco feel better. Sarah is in the
first grade at Vine Hill Elementary School. She loves her classes and her teacher. Sarah seems to
be doing very well in her classes. Michelle is in Kindergarten at the same school. All three of my
children attend an after-school program organized by the Salvation Army. The program helps the
Page | 61
kids learn how to type and use a computer. They are also helped with their homework and
reading. The program has really helped them a lot.
10. My children all have a lot of friends and are generally very happy children. My kids spend a lot
of time with their friends. Sometimes they play at our house and sometimes they play at their
friends‘ houses. Sarah's birthday was in September. We had a big party for her and she had a lot
of fun. I think that about 15 of Sarah‘s friends attended. We played games, had a Piñata, and ate
cake. It was a lot of fun. My children have a wonderful life in the United States. All they know is
the United States. If we had to return to Mexico, they would be totally lost. They would not have
any friends; they would be disoriented and I cannot even imagine how sad it would make them.
11. My children and I have a very active social life and are we actively engaged in our community.
Church is a very important aspect of our daily life. On Saturday morning I take my kids to
church where they take Bible classes. On Sunday, the four of us go to church for mass. I also
attend regular events at my kids‘ school. It seems like every few weeks there is another event or
parent-teacher meetings. Almost every night my kids and I spend time together. Almost every
night, I try to teach them Spanish and they try to help me with my English. They can pronounce
English words better than I can and they are trying to help me improve.
12. I have a lot of friends in the United States. I have a strong community that supports me. I have
friends from church, friends from my kids‘ school, and I have friends from a support group I
belong to for survivors of domestic violence. The group meets every Monday. We discuss what
happened to us and we also talk about what is going on in our daily lives. The support group has
helped me realized that I am not alone and that there are a lot of other women who have endured
what I had to endure. This group has helped me feel more secure and confident. It has taken me a
long time to start to feel better about how I was treated. If I were forced to return to Mexico, I
would not have the same support that I have here.
13. If I were forced to return to Mexico, it would be extremely difficult for me to provide for my
family. I do not have a lot of education. I only completed secondary school. I do not have a lot of
work experience either. Even if I were able to find work in Mexico, I would not make enough to
make ends meet. I doubt I would even be able to support myself, let alone my three young
children.
14. My children have big aspirations and I have big dreams for them too. Jose Garcia says that he
wants to become a policeman. Sarah told me that she wants to be a model and a teacher. Michelle
is young and just says she wants to do what her big sister wants to do. If we were sent back to
Mexico, my children would not be able to continue with their education. In Mexico it is
expensive to send your kids to school. I dream that my children will have a lot of opportunities. I
want them to be able to have a good career. I want them to be able to attend a good university
and to finish their studies. I want my children to be able to offer something to their future
spouses and I want my children to be able to offer something to society. I want my children to
have choices about what they do with their lives. If we were sent back to Mexico, my children
would not be able to finish school. Instead, they would have to get a job as soon as possible to
help me pay for our various expenses. My children‘s dreams and my dreams for them would go
entirely unfulfilled.
15. I have some family in Mexico. However, they are all very poor. They have a hard enough time
supporting themselves. They would be unable to help me support my children.
16. In the United States, I feel safe. The police in the United States help people like me who are
being abused. Mr. Garcia is now in Mexico, living in my hometown. I know this because my
mother lives very close to him. She sees him almost every day. If my children and I were sent
back to Mexico, we would be in great danger. Mr. Garcia has threatened me many times and I
know that he is capable of following through on his threats. The last time I heard from Mr.
Garcia, he was in Mexico and he threatened to kill me when I returned. In Mexico, the police do
not want to get involved with domestic disputes. In the United States, you can rely on the police
protect people like me. My children and I feel much more secure in the United States. I do not
Page | 62
want them to have to live in a violent environment any more. They have already suffered so
much and I do not want them to have to suffer any more.
17. If I stay in the United States, I will be able to provide my children with a safe and nurturing
environment in which they will thrive. I sincerely ask that you waive my inadmissibility so that
my children and I can continue living in the United States.
I, Juana Doe, affirm under penalty of perjury under the laws of the United States, that the foregoing is
true and correct to the best of my knowledge.
_________________________________________________
Signature
_______________________________
Date
CERTIFICATE OF TRANSLATION
I, Sally Advocate, hereby certify, under penalty of perjury, that I am competent to translate from Spanish
to English; that I have translated this Spanish language declaration into English; and that the English
translation is complete and accurate.
___________________________________________________
Advocate‘s Full Name
_______________________________
Date
Page | 63
Preparing a U-visa petition: Which forms will you need?
Question
Answer
Form
Cost1
Does U.S. Citizenship and Immigration Services
(USCIS) have a current, safe address on file?
If your answer is no, then you will need to file
a Change of Address on Form AR-11 which
you may send to the following address:
U.S. Department of Homeland Security /
USCIS / Change of Address / PO Box 7134/
London, KY 40742-7134.
AR-11
Free
G-28
Free
I-192
$545
or fee
waiver
I-193;
I-192
$545
or fee
waiver
Are you represented by an attorney or an accredited
representative?
Are you inadmissible to the United States? Examples
include (but are not limited to):
 Being HIV+
 Being convicted (including receiving a
―Conditional Discharge‖ (CD)) of any of a long
list of crimes (including some misdemeanors and
violations)
 Previously lying to federal immigration
authorities (such as by submitting applications
with false information or presenting false
documents)
 Previously lying to a government official about
being a U.S. citizen
 Entering the U.S. without inspection by sneaking
across the border when no one was looking
 Receiving an order of exclusion, deportation or
removal, but not leaving the U.S. or staying
outside the U.S. for less than the required amount
of time
 Living in the U.S. without immigration
authorization, then leaving and either returning or
seeking return to the U.S.
 Helping other people to sneak into the U.S.
 Unlawfully voting
Do you have a passport that is valid for at least 6 months,
or can you obtain one from your consulate?
1
If USCIS has a current, safe address for you,
then you do not need to file this form.
Should you move, be sure to remember to file
an AR-11within 10 days of moving.
If your answer is yes, then the attorney or
accredited representative must file a Notice of
Appearance on Form G-28 (to be printed on
blue paper).
If you are representing yourself (not
recommended), then no G-28 is required.
If the answer is yes, then you will need to ask
for a waiver under INA §212(d)(14), 8 CFR
§212.17 for one or more grounds of
inadmissibility by filing an Application for
Advance Permission to Enter as Nonimmigrant
on Form I-192.
If you are not subject to any ground of
inadmissibility, then you do not need to file an
I-192.
If the answer is no, then you will need to ask
for a waiver of the requirement that you hold a
passport by filing Form I-192 (if the person
without the passport is in the country) or Form
I-193 Application for
Waiver of Passport and/or Visa (if the person
without the passport is out of the country).
If you have or can obtain a valid passport, you
do not need to file an I-192 or I-192.
The fee listed is as of October 26, 2010. Fees change frequently. Check the USCIS web site at
www.uscis.gov for current fees before filing.
Page | 64
Question
Answer
Form
Cost
Are you a principal U-visa petitioner (U-1) or a
derivative U-visa petitioner (U-2, U-3, U-4, or U-5)?
If you are a derivative on the U-visa petition of
a family member who has been a crime victim,
and you are in the U.S. and you would like to
be authorized to work, you must file an
Application for an Employment Authorization
Document (EAD) on Form I-765.
I-765
$340
I-918
$80
Biometric
fee
I-918,
Supp.
A
$80
Biometric
fee
I-918,
Supp.
B
Free
Are you a principal U-visa petitioner (U-1) who is
applying for a U visa because you have been a crime
victim (or are the surviving spouse or child of a murder
victim)?
Are you a derivative U-visa petitioner (U-2, U-3, U-4,
or U-5), seeking a U-visa where your familial
relationship to the primary crime victim is:




Spouse (U-2)
Unmarried child under 21 (U-3)
Parent (if the primary crime victim is under 21)
(U-4)
Sibling (if the primary crime victim is under 21
and you are under 18) (U-5).
Have you previously received deferred action based on a
pre-10/17/07 U-visa application?
If you are a principal U-visa petitioner filing
for a U-visa because you have been the
primary victim of a crime, then you do not
need to file a separate application for a work
permit. You will receive a work permit upon
approval of your U-visa petition without any
further petition or application.
If the answer is yes, then you will file a Petition
for U Nonimmigrant Status on Form I-918.
If you are seeking a U-visa as a derivative, there
is a different form for you to file.
If the answer is yes, then your family member
who is the principal U-visa petitioner and
primary crime victim, will file a Petition for
Qualifying Family Member of U-1 Recipient on
Form I-918, Supplement A. If you, the derivative
family member, are in the U.S., you will also sign
this form.
Remember that an I-918, Supp. A must be filed
for each and every derivative family member and
can be filed simultaneously with the principal‘s
U-visa petition or later on.
Remember also that each derivative family
member who would like work authorization must
file an I-765, which form can only be filed from
within the U.S.
If the answer is yes, and you have previously
received deferred action on a pre-10/17/07
request for a U-visa, then you do not need to file
U Nonimmigrant Status Certification,
Supplement B.
If the answer is no, and you are filing an I-918 as
the principal U-visa petitioner, then you must
obtain an I-918, Supp. B, signed by a certifying
agency.
USCIS has explained that certifying agencies
include federal, state, or local law enforcement
agencies, or a prosecutor, judge, or other
authority that has responsibility for the
investigation or prosecution of the criminal
activity. The rule also includes other agencies
such as child protective services, the Equal
Employment Opportunity Commission, and the
Department of Labor, since they have criminal
investigative jurisdiction within their respective
areas of expertise.
Page | 65
I-918 – Form and Instructions
Link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c70a
b2036b0f4110VgnVCM1000004718190aRCRD&vgnextchannel=25fb1a3d215a3210VgnVCM100000b
92ca60aRCRD
From the USCIS website:
Go to www.uscis.gov
Click on ―Forms‖ in the banner across the top of the screen
Click on ―All Forms‖ in the far left hand column
Scroll down to ‗Petition for U Nonimmigrant Status‘
Link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnexto
id=68db2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=25fb1a3d215a3210V
gnVCM100000b92ca60aRCRD
Go to www.uscis.gov
Scroll down to ‗Application for Advance Permission to Enter as a Non-Immigrant‘
Page | 66
Note: In July 2010, USCIS announced that the 10,000 U visa limit had been reached for fiscal year 2009
and that new U visa approvals would not be issued until the new fiscal year began on October 1, 2010.
Following is a memo issued at this time explaining how U visa petitions were handled between July and
October 2010. If and when the cap is reached in future years, USCIS may or may not follow similar
procedures.

USCIS Reaches Milestone: 10,000 U Visas Approved in Fiscal Year 2010
Questions and Answers
U Visa Protects Victims of Crime and Strengthens Law Enforcement Efforts
Introduction
On July 15, 2010, U.S. Citizenship and Immigration Services (USCIS) announced it
has approved 10,000 petitions for U nonimmigrant status (also referred to as the ―U
visa‖) in fiscal year 2010, an important milestone for a program that offers
immigration protection to victims of crime while also strengthening law enforcement
efforts to combat those crimes. This marks the first time that USCIS, through
extensive outreach and collaboration, has reached the statutory maximum of 10,000 U
visas per fiscal year since it began issuing U visas in 2008.
Questions and Answers
Q: What is the U Visa?
A. The U visa was created in the Victims of Trafficking and Violence Protection Act,
legislation intended to strengthen the ability of law enforcement agencies to
investigate and prosecute cases of domestic violence, sexual assault, human
trafficking, and other crimes while, at the same time, offering protection to victims of
such crimes.
U nonimmigrant status is set aside for victims of certain crimes who have suffered
substantial mental or physical abuse as a result of the criminal activity and are willing
to help law enforcement authorities in the investigation or prosecution of the criminal
activity. Congress limited the amount of available U visas to 10,000 per fiscal year.
For more information about the U visa, please see the Victims of Criminal
Activity Web page.
Q: Will USCIS continue to accept new petitions for U nonimmigrants status for
the remainder of fiscal year 2010?
A: Yes. USCIS will continue to accept and process new petitions for U nonimmigrant
status and will issue a Notice of Conditional Approval to petitioners who are found
Page | 67
eligible but who are unable to receive a U visa in fiscal year 2010 because the
statutory cap has been reached. Conditionally approved petitioners will be placed on a
waiting list for the next available U visa.
Q. Will petitioners who receive conditional approval be able to apply for work
authorization? What about qualifying family members?
A: Yes. Conditional approval will allow the petitioner and qualifying family members
to remain in the United States under deferred action. The conditional approval will
also allow the petitioner and qualifying family members to request work authorization
by filing Form I-765, Application for Employment Authorization.
Q. Does this apply to petitioners and qualifying family members who are in
removal proceedings or who have a final order of removal?
A. Yes. If the petitioner or a qualifying family member is in removal proceedings or
has a final order of removal, USCIS will issue a Notice of Conditional Approval of U
nonimmigrant status and will also issue deferred action.
Q. When will USCIS begin issuing U visas again?
A. USCIS will resume issuing U visas for fiscal year 2011 on October 1, 2010.
Conditionally approved petitioners on the waiting list will receive a U visa in the order
in which the petition was initially filed. Petitioners who have received conditional
approval must remain admissible and eligible for U nonimmigrant status while on the
waiting list.
After U visas have been issued to qualifying principal petitioners on the waiting list,
any remaining U visas for fiscal year 2011 will be issued to new qualifying principal
petitioners in the order in which petitions are filed.
Q. Does the annual cap for U visas also apply to family members of petitioners?
A. No. The annual cap for U visas applies only to principal petitioners. Qualifying
family members will also be placed on the waiting list since their petitions are
dependent on the principal's petition. Qualifying family members on the waiting list
will receive U visas when the principal petitioner receives a U visa.
Q. What contributed to the annual cap being met this year?
A. A combination of factors contributed to the U visa statutory cap being met this year.
Over the last year USCIS has increased training, expanded communication channels,
and dedicated other resources to the U visa program. USCIS significantly enhanced
outreach around the U visa, educating service providers on the eligibility requirements
of a U visa petition and making dedicated efforts to reach both law enforcement
officials and community advocates alike. These and other factors have contributed to
an increase in the number of approved U visa petitions.
For additional information about U nonimmigrant status, please visit the Questions &
Answers: Victims of Criminal Activity Web page at www.uscis.gov.
Page | 68
Last updated:10/26/2010
Section 3: Fee Waivers
Contents
How to File a Request for a Fee Waiver
Page
70
71
Introduction: How to File a Request for a Fee Waiver
USCIS may allow your client to waive an application or service charge if you can show that he or she
cannot pay the required amount. This is not difficult for most IFAP clients.
The following fees are waivable:
 I-485, Application to Adjust Status (following U-visa, and I-360 Self-Petitions)
 I-751, Application to Waive Requirement of Joint Petition
 I-765, Application for Employment Authorization
 Biometrics Services, attached to any of the above applications
 I-192, Application for Waiver of Grounds of Inadmissibility
 Note: There is no filing fee required for the I-360 Self-Petition or the U-visa
Page | 69
How to File A Request for Fee Waiver
You do not need a special form for a fee waiver. The agency only requires that the applicant submit an
affidavit stating that s/he is unable to pay, along with sufficient documentation to support the claim. A
well-supported request should be processed just as if it were filed with the proper fee.
Who Qualifies
The fee waiver is granted at the discretion of the USCIS officer. The officer will review each waiver on a
case-by-case basis, keeping in mind the applicant‘s ―whole financial picture.‖ There are no automatic
grounds for granting a waiver, so the more supporting documentation you include, the better.
Evidence of the following may be helpful:

Poof of having received Food Stamps, Medicaid, Supplemental Security Income (SSI), or
Temporary Assistance of Needy Families (TANF) or other public benefit

A showing that your client falls below the poverty line. You will find the federal guidelines on
the current poverty level at www.uscis.gov; simply type ―Poverty Guidelines‖ into the sites
―Search‖ function, which can be found at the top right corner of the homepage.

Proof of old age, disability or being supported by dependants

Any other showing of financial hardship
Documentation
USCIS guidelines recommend the following types of documentation in support of the request:

Proof of client‘s living arrangement (i.e. living with relatives, living in client‘s own house,
apartment) and evidence of whether the individual‘s dependants are residing in his or her
household.

Mortgage payment receipts, rent receipts, food and clothing receipts, utility bills (such as gas,
electricity, telephone, and water), child or elder care receipts, tuition bills, transportation expense
receipts, medical expense receipts, and proof of other essential expenditures.

Any other proof of essential expenses.

Proof that verifies the individual‘s disability.

Proof that the individual has, within the last six months, qualified for and/or received a federal or
state public benefit.

Documentation establishing other financial support or subsidies – such as parental support,
alimony, child support, educational scholarships, and fellowships, pensions, Social Security, or
veterans benefits, etc. This includes monetary contributions for the payment of monthly expenses
received from adult children, dependants, and other people who are living in the individual‘s
household, etc.

Documentation of debts and liabilities – what is owed on any outstanding loans, credit cards,
court judgments, etc., by the individual and his or her dependants, and any other expenses the
individual is responsible for (i.e. insurance, medical/dental bills, etc.).
Page | 70
I, [CLIENT‘S NAME], declare that the following information is true and accurate to the best of my
knowledge:
1. My name is [CLIENT‘S FULL NAME]. I was born in [city], in the state of [STATE and
COUNTRY] on [DATE OF BIRTH]. I arrived in the United States in [YEAR]. I currently live
in [CITY, STATE] with my [HOUSEHOLD MEMBERS, number of children, grandchildren or
other dependents].
2. I am applying for U visa ―crime victim‖ status together with an I-192 Waiver of Inadmissibility,
as my currently five year old daughter is a victim of sexual molestation and we have participated
in, and plan to continue participating in, the investigation and prosecution of the criminal
perpetrator.
3. My family‘s monthly expenses are approximately as follows:
Food:
Rent:
Electricity:
Phone:
Transportation:
Miscellaneous
TOTAL:
$
$
$
$
$
$
$
In addition, I pay [EXPENSES/BILLS ON BEHALF OF OTHERS] in the amount of [X].
4. I [DO / DO NOT] receive any public benefits. My children [do/do not] receive public benefits,
[in the amount of $X in cash assistance and $X in food stamps].
5. I [DO / DO NOT] have any savings. I [DO / DO NOT] own any real estate, stocks, bonds, or
any other valuable property.
6. I [DO / DO NOT] receive any child support from my spouse / the father of my children [if
applicable].
7. I [DO/DO NOT] have health insurance. My children [DO/DO NOT] have health insurance [in
the form of a medical coupon from the state of Washington].
8. [Request for fee waiver here. The client should state his or her grounds, for example: I ask
USCIS to consider that I have endured great abuse in my marriage and the process of leaving my
husband and attempting to start a life free of violence has been difficult. My entire family has
survived severe abuse by my husband. Please help me try to gain the security that this country
can offer to crime victims by granting me fee waivers for the biometrics fees and I-192 Waiver
of Inadmissibility filing fees related to my family‘s U visa petition.]
9. I, [CLIENT], declare under penalty of perjury that all of the foregoing statements are true and
accurate to the best of my knowledge.
____________________________________________
Signature
____________________
Date
Page | 71
Section 4: Form I-765 Employment Authorization
Contents
Introduction to Form I-765 Employment Authorization
Form I-765 and Instructions
Page
72
73
74
75
Introduction to Form I-765 Application for Employment Authorization
While principals are automatically granted employment authorization, derivatives must file form
I-765 for a work permit after U status is granted. A separate form should be filed for each
derivative. A fee waiver is available for this application.
Filing for authorization to work is a relatively straightforward process which should not take
longer than three months between filing and receiving permission.
If the I-765 was properly filed, and the agency has not responded within 90 days, your client is
entitled to a temporary interim work authorization under agency rules. This will require your
client to visit the district office in person. He or she should bring identification documentation,
as well as any notices received from USCIS. An approved Form I-765 may also require an in
person visit to pick it up when it is ready. You will be notified by mail when authorization is
available.
Please note: If your client‘s Form I-485 is pending, it is not necessary to submit a separate fee
for the work permit.
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





Cover Letter for Form I-765
Filing Fee or file Request for Fee Waiver, and supporting documentation
o Check www.uscis for current fee, $340.00 as of October 8, 2008
o Note: No fee is required if the I-485 is pending
Statement of Economic Necessity, and supporting documentation
Proof of identity, such as passport with applicant‘s photo, name, and date of birth
Two identical, glossy, color photos, with white background, taken within 30 days of the
filing
o Photos should be un-mounted, 2x2 full frontal face shots
Copy of U-visa, I-360 approval, or approval of Form I-751 Application for Waiver of
Joint Filing Requirement
Page | 73
DATE
DHS-USCIS
Vermont Service Center
Attn: Family Service Product Line (VAWA)
VIA CERTIFIED MAIL
Re:
LAST NAME, First Name Middle Initial
A#
Form I-765, Application for Employment Authorization
Dear Officer,
Enclosed, please find the following documents in support of Form I-765, Application for
Employment Authorization for [Client Name].





A completed Form I-765, Application to Renew Employment Authorization
Two passport-style photographs
Filing fee: money order in the amount of $340.00 [or Fee Waiver with proof of
income and expenses]
Statement of Economic Necessity in support of Application for Employment
Authorization
A copy of Notice of Action, indicating that [Client‘s Name] has been granted
Deferred Action Status
Thank you for your immediate attention. Should you have any questions regarding this matter,
please contact me at [Telephone Number] or email to [Email]. On behalf of Ms. [Client‘s Last
Name], we look forward to your prompt response.
Sincerely,
Signature
Attorney Name
Page | 74
Link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73dd
d59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM1000004
5f3d6a1RCRD
Go to www.uscis.gov
Scroll down to ‗Application for Employment Authorization‘
Page | 75
Section 5: Index and Resources
Contents
Page
Further Reading on Working with Interpreters and Common Cultural Misunderstandings
Helpful Websites
Technical Support
Community Resources
Statutes and Official Interpretive Memoranda
 INA § 101(a)(15)(U) [8 U.S.C.A. § 1101(a)(15)(U)]
 INA § 212(d)(14) [8 U.S.C.A. § 1182(d)(14)]
 INA § 214(p) [8 U.S.C.A. § 1184(p)]
 INA § 245(m) [8 U.S.C.A. § 1255(m)]
 INA § 204 [8 U.S.C. § 1154]
 8 C.F.R § 204.2 (c) – (e)
77
77
78
78
79
80
81
81
82
83
84
91
Page | 76
Leslye E. Orloff & Rachel Little, Somewhere to Turn: Making Domestic Violence Services Accessible to
Battered Immigrant Women (May 1999). See especially Ch. 1, ―Overview of Domestic Violence and
Battered Immigrant Issues.‖ Publication available in its entirety on the ―Battered Immigrant Women‖
resource page within http://new.vawnet.org .
Leti Volpp, Working with Battered Immigrant Women: A Handbook to Make Services Accessible (Leni
Marin ed.) Available for purchase online at http://www.endabuse.org .
Many Ann Dutton, The Dynamics of Domestic Violence: Understanding the Response from Battered
Women, 68(9) Fla.Bar J.24 (Oct. 1994).
Deeana L. Jang, Caught in a Web: Immigrant Women and Domestic Violence, 1994 Nat'l Clearinghouse
397, 400.
Catherine Klien & Leslye E. Orloff, Providing Legal Protection for Battered Women: An Analysis of
Statutes and Case Law, 21 Hofstra L. Rev 801 (1993).
Leslye E. Orloff & Nancy Kelly, A Look at the Violence Against Women Act and Gender-Related
Political Asylum, 1 Violence Against Women 380 (Dec. 1995).
Further Reading on Working with Interpreters and Common Cultural
Misunderstandings
Cross Cultural Healthcare Program: www.xculture.org
Joanne Moore, Immigrants in Courts, University of Washington Press (2003)
More tips on working with an interpreter:
http://www.barinas.com/GuideInterpreters.htm
Page | 77
Helpful Websites
Government Websites
US Customs and Immigration Services:
www.uscis.gov
General questions and immigration forms
US Department of State:
http://travel.state.gov
Bulletin listing availability of visas for adjustment of status
Vermont Service Center: https://egov.uscis.gov/cris/Dashboard.do
Case status search for petitions filed with the Vermont Service Center
Seattle Immigration Court
http://www.usdoj.gov/eoir/sibpages/sea/seamain.htm
General information, including maps and hours
DV Related Websites
List of DV service providers
http://new.vawnet.org
Access to federal services for immigrant survivors of DV
http://www.hhs.gov/ocr/civilrights/resources/specialtopics/origin/domesticviolencefactsheet.html
Refugee & Immigrant Advocacy Project
www.washingtonlawhelp.org
Technical Support
A.S.I.S.T.A.
Coalition of organizations providing assistance for advocates and attorneys. As an IFAP pro bono
attorney, you are eligible to receive free assistance.
Phone: (515) 244-8028
Fax: (515) 244-7417
Email: questions@asistaonline.org
515 28th Street, Des Moines, Iowa 50312
http://asistahelp.org/
Immigrant Families Advocacy Project (IFAP)
Phone: (206) 543-7501
Fax: (206) 221-2359
William H. Gates Hall, Box 353020
Seattle, WA 98195-3020
uwifap@yahoo.com
Northwest Immigrant Rights Project (NWIRP)
Phone: 206-587-4009
Fax: 587-4025
615 Second Ave, Suite 400 Seattle WA 98104
http://www.nwirp.org
Page | 78
Jordan Wasserman, Pro Bono Coordinator,
General assistance 206-957-8632
Jordan@nwirp.org
Mozhdeh Oskouian, Lead Attorney,
Domestic Violence Unit 206-957-8623
Mozhdeh@nwirp.org
Diana Moller, Staff Attorney,
General assistance 206-957-8619
Diana@nwirp.org
Refugee & Immigrant Advocacy Project, Northwest Justice Project
To determine immigrant's eligibility for public assistance under Washington State law.
Phone: 206-464-1519
Fax: 206-624-7501
Email: jilld@nwjustice.org
http://www.washingtonlawhelp.org
Seattle Police Department:
http://www.cityofseattle.net/html/citizen/police.htm
King County Sherriff's Office:
http://www.kingcounty.gov/safety/sheriff.aspx
To find records in other countries:
http://www.state.gov/m/a/ips/
Resources on Working with Interpreters
To find a free IFAP Interpreter contact:
Comprehensive Language Services
info@clscorp.com
206-464-3948
Court Certified Interpreters:
King County Superior Court Interpreters Office
www.courts.wa.gov/programs_orgs/pos_interpret
(206) 296-9358
Private interpreters may be found at:
http://www.interpretersgroup.com/contact.html
Page | 79
Community Resources
National DV Hotline: 1-800-799-7233
Washington State DV Hotline: 1-800-562-6025
Northwest Justice Project: (206) 464-1519
CLEAR Line: (call 9:15am-12:15pm Mon-Fri, plus 3:30-6:15 Tues) 1-888-201-1014
Family Law Clinic: (call 9 AM – noon, Monday – Thursday) (206) 267-7070
Abused Deaf Women‘s Advocacy Services: (TTY) (206) 634-3460
Advocates for Abused and Battered Lesbians: (206) 547-8191
Asian Counseling and Referral Service: (206) 695-7511
Asian & Pacific-Islander Women and Family Safety Center: (206) 467-9976
CARA (Communities Against Rape and Abuse): (206) 322-4856
Increases community action to subvert rape, abuse, and oppression
Catherine Booth House: (24-hour, shelter) (206) 324-4943
Chaya (serving South Asian women): (206) 325-0325
Telephone helpline, advocacy & referrals, peer support, language services
Chinese Information and Service Center: (206) 624-5633
Consejo Counseling and Referral Service: (206) 461-4880
Spanish bilingual services, DV support groups, counseling, legal advocacy
Domestic Abuse Women‘s Network: (DAWN) (24-hour crisis line) (425) 656-7867
Eastside Domestic Violence Program: (EDVP) (425) 746-1940
Filipino Community of Seattle: (206) 722-9372
Ina Maka Family Program / United Indians of All Tribes Foundation: (206) 325-0070
New Beginnings (Crisis line, confidential shelter): (206) 522-9472
Northwest Network of Bisexual, Trans & Lesbian Survivors of Abuse: (206) 568-7777
Social change organization, range of services for DV and dating violence survivors
Northwest Women‘s Law Center: (206) 621-7691
Program for low income women, will give you referrals, can call for advice
Jewish Family Services (Michelle Lifton - DV Program Coordinator): (206) 461-3240
Korean Community Counseling Center: (206) 784-5691
Korean Women‘s Association: (253) 535-4202
Pierce County Domestic Violence Helpline: (253) 798-4166
Project Safer, Whatcom County: (360) 671-6079
Free legal help for DV survivors (divorce, child support, protection orders, etc.)
Refugee Women‘s Alliance (ReWA): (206) 721-3846
Services available in multiple languages, including Russian, Somali, Chinese, Thai, Vietnamese,
and Cambodian. Advocacy, support groups, social services, advocacy for children with
disabilities, ESL classes, citizenship preparation, parent education, youth tutoring, child care,
teacher training program, on-site early childhood education, legal clinic.
Seattle Indian Health Board: (206) 324-9360 x2291
Shelter/DV (Bellingham): (360) 848-1331
Skagit DV Services: (Mt. Vernon) (360) 336-9591
Snohomish County Center for Battered Women: (Everett) (425) 259-2827
Whatcom Domestic Violence/Sexual Assault Services: (Bellingham) (360) 671-5714
24-hour Crisis Line: (360) 715-1563
Women Care: (Bellingham) (360) 734-3438
YWCA East Cherry: (206) 568-7845
Range of services for DV survivors, programs for African American women
YWCA Kitsap County: (Bremerton) (360) 479-0491
YWCA Pierce County: (Tacoma) (253) 272-4181
Page | 80
Immigration and Nationality Act (INA) § 101(a)(15)(U)
[8 U.S.C.A. § 1101(a)(15)(U)]
(i) subject to section 214(p) [8 U.S.C.A. § 1184(p)] of this title, an alien who files a petition for status
under this subparagraph, if the Secretary of Homeland Security determines that-(I) the alien has suffered substantial physical or mental abuse as a result of having been a victim
of criminal activity described in clause (iii);
(II) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next
friend of the alien) possesses information concerning criminal activity described in clause (iii);
(III) the alien (or in the case of an alien child under the age of 16, the parent, guardian, or next
friend of the alien) has been helpful, is being helpful, or is likely to be helpful to a Federal, State,
or local law enforcement official, to a Federal, State, or local prosecutor, to a Federal or State
judge, to the Service, or to other Federal, State, or local authorities investigating or prosecuting
criminal activity described in clause (iii); and
(IV) the criminal activity described in clause (iii) violated the laws of the United States or
occurred in the United States (including in Indian country and military installations) or the
territories and possessions of the United States;
(ii) if accompanying, or following to join, the alien described in clause (i)-(I) in the case of an alien described in clause (i) who is under 21 years of age, the spouse,
children, unmarried siblings under 18 years of age on the date on which such alien applied for
status under such clause, and parents of such alien; or
(II) in the case of an alien described in clause (i) who is 21 years of age or older, the spouse and
children of such alien; and
(iii) the criminal activity referred to in this clause is that involving one or more of the following or any
similar activity in violation of Federal, State, or local criminal law: rape; torture; trafficking; incest;
domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital
mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction;
unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious
assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to
commit any of the above mentioned crimes;
INA § 212(d)(14) [8 U.S.C.A. § 1182(d)(14)]
The Secretary of Homeland Security shall determine whether a ground of inadmissibility exists with
respect to a nonimmigrant described in section 101(a)(15)(U) [8 U.S.C.A. § 1101(a)(15)(U)] of this title.
The Secretary of Homeland Security, in the Attorney General‘s1 discretion, may waive the application of
subsection (a) (other than paragraph (3)(E)) in the case of a nonimmigrant described in section
101(a)(15)(U) [8 U.S.C.A. § 1101(a)(15)(U)] of this title, if the Secretary of Homeland Security
considers it to be in the public or national interest to do so.
1
So in original. Probably should be “Secretary’s.”
Page | 81
INA § 214(p) [8 U.S.C.A. § 1184(p)]
Requirements applicable to section 101(a)(15)(U) [8 U.S.C.A. §
1101(a)(15)(U)] visas
(1) Petitioning procedures for section 101(a)(15)(U) [8 U.S.C.A. § 1101(a)(15)(U)] visas
The petition filed by an alien under section 101(a)(15)(U)(i) [8 U.S.C.A. § 1101(a)(15)(U)(i)] of this title
shall contain a certification from a Federal, State, or local law enforcement official, prosecutor, judge, or
other Federal, State, or local authority investigating criminal activity described in section
101(a)(15)(U)(iii) [8 U.S.C.A. § 1101(a)(15)(U)(iii)] of this title. This certification may also be provided
by an official of the Service whose ability to provide such certification is not limited to information
concerning immigration violations. This certification shall state that the alien ―has been helpful, is being
helpful, or is likely to be helpful‖ in the investigation or prosecution of criminal activity described in
section 101(a)(15)(U)(iii) [8 U.S.C.A. § 1101(a)(15)(U)(iii)] of this title.
(2) Numerical limitations
(A) The number of aliens who may be issued visas or otherwise provided status as
nonimmigrants under section 101(a)(15)(U) [8 U.S.C.A. § 1101(a)(15)(U)] of this title in any
fiscal year shall not exceed 10,000.
(B) The numerical limitations in subparagraph (A) shall only apply to principal aliens described
in section 101(a)(15)(U)(i) [8 U.S.C.A. § 1101(a)(15)(U)(i)] of this title, and not to spouses,
children, or, in the case of alien children, the alien parents of such children.
(3) Duties of the Attorney General with respect to ―U‖ visa nonimmigrants
With respect to nonimmigrant aliens described in subsection (a)(15)(U)2 [8 U.S.C.A. § 1101(a)(15)(U)] –
(A) the Attorney General and other government officials, where appropriate, shall provide those
aliens with referrals to nongovernmental organizations to advise the aliens regarding their
options while in the United States and the resources available to them; and
(B) the Attorney General shall, during the period those aliens are in lawful temporary resident
status under that subsection, provide the aliens with employment authorization.
(4) Credible evidence considered
In acting on any petition filed under this subsection, the consular officer or the Attorney General, as
appropriate, shall consider any credible evidence relevant to the petition.
(5) Nonexclusive relief
Nothing in this subsection limits the ability of aliens who qualify for status under section 101(a)(15)(U)
[8 U.S.C.A. § 1101(a)(15)(U)] of this title to seek any other immigration benefit or status for which the
alien may be eligible.
(6) Duration of status
The authorized period of status of an alien as a nonimmigrant under section 101(a)(15)(U) [8 U.S.C.A. §
1101(a)(15)(U)] of this title shall be for a period of not more than 4 years, but shall be extended upon
certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal,
State, or local authority investigating or prosecuting criminal activity described in section
101(a)(15)(U)(iii) [8 U.S.C.A. § 1101(a)(15)(U)(iii)] of this title that the alien‘s presence in the United
States is required to assist in the investigation or prosecution of such criminal activity.
2
So in original. Probably should read “section 101(a)(15)(U) of this title.”
Page | 82
INA § 245(m) [8 U.S.C.A. § 1255(m)]
Adjustment of status for victims of crimes against women
(1) The Secretary of Homeland Security may adjust the status of an alien admitted into the United States
(or otherwise provided nonimmigrant status) under section 101(a)(15)(U) [8 U.S.C.A. § 1101(a)(15)(U)]
of this title to that of an alien lawfully admitted for permanent residence if the alien is not described in
section 212(a)(3)(E) [8 U.S.C.A. § 1182(a)(3)(E)] of this title, unless the Attorney General3 determines
based on affirmative evidence that the alien unreasonably refused to provide assistance in a criminal
investigation or prosecution, if—
(A) the alien has been physically present in the United States for a continuous period of at least 3
years since the date of admission as a nonimmigrant under clause (i) or (ii) of section
101(a)(15)(U) [8 U.S.C.A. § 1101(a)(15)(U)] of this title; and
(B) in the opinion of the Secretary of Homeland Security, the alien‘s continued presence in the
United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the
public interest.
(2) An alien shall be considered to have failed to maintain continuous physical presence in the United
States under paragraph (1)(A) if the alien has departed from the United States for any period in excess of
90 days or for any periods in the aggregate exceeding 180 days unless the absence is in order to assist in
the investigation or prosecution or unless an official involved in the investigation or prosecution certifies
that the absence was otherwise justified.
(3) Upon approval of adjustment of status under paragraph (1) of an alien described in section
101(a)(15)(U)(i) [8 U.S.C.A. § 1101(a)(15)(U)(i)] of this title the Secretary of Homeland Security may
adjust the status of or issue an immigrant visa to a spouse, a child, or, in the case of an alien child, a
parent who did not receive a nonimmigrant visa under section 101(a)(15)(U)(ii) [8 U.S.C.A. §
1101(a)(15)(U)(ii)] of this title if the Secretary considers the grant of such status or visa necessary to
avoid extreme hardship.
(4) Upon the approval of adjustment of status under paragraph (1) or (3), the Secretary of Homeland
Security shall record the alien‘s lawful admission for permanent residence as of the date of such
approval.
Page | 83
8 U.S.C.A. § 1154 Immigration and Nationality Act
Title 8. Aliens and Nationality (Refs & Annos)
Chapter 12. Immigration and Nationality
Subchapter II Immigration
Part I. Selection System
§ 1154. Procedure for granting immigrant status
(a) Petitioning procedure
(1)(A)(i) Except as provided in clause (viii), any citizen of the United States claiming that an alien is entitled to
classification by reason of a relationship described in paragraph (1), (3), or (4) of section 1153(a) of this title or to
an immediate relative status under section 1151(b)(2)(A)(i) of this title may file a petition with the Attorney General
for such classification.
(ii) An alien spouse described in the second sentence of section 1151(b)(2)(A)(i) of this title also may file a petition
with the Attorney General under this subparagraph for classification of the alien (and the alien's children) under
such section.
(iii)(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for
classification of the alien (and any child of the alien) if the alien demonstrates to the Attorney General that-(aa) the marriage or the intent to marry the United States citizen was entered into in good faith by the alien; and
(bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme cruelty perpetrated by the alien's spouse or intended
spouse.
(II) For purposes of subclause (I), an alien described in this subclause is an alien-(aa)(AA) who is the spouse of a citizen of the United States;
(BB) who believed that he or she had married a citizen of the United States and with whom a marriage ceremony
was actually performed and who otherwise meets any applicable requirements under this chapter to establish the
existence of and bona fides of a marriage, but whose marriage is not legitimate solely because of the bigamy of such
citizen of the United States; or
(CC) who was a bona fide spouse of a United States citizen within the past 2 years and-(aaa) whose spouse died within the past 2 years;
(bbb) whose spouse lost or renounced citizenship status within the past 2 years related to an incident of domestic
violence; or
(ccc) who demonstrates a connection between the legal termination of the marriage within the past 2 years and
battering or extreme cruelty by the United States citizen spouse;
(bb) who is a person of good moral character;
(cc) who is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title or who
would have been so classified but for the bigamy of the citizen of the United States that the alien intended to marry;
and
(dd) who has resided with the alien's spouse or intended spouse.
(iv) An alien who is the child of a citizen of the United States, or who was a child of a United States citizen parent
who within the past 2 years lost or renounced citizenship status related to an incident of domestic violence, and who
is a person of good moral character, who is eligible to be classified as an immediate relative under section
1151(b)(2)(A)(i) of this title, and who resides, or has resided in the past, with the citizen parent may file a petition
with the Attorney General under this subparagraph for classification of the alien (and any child of the alien) under
such section if the alien demonstrates to the Attorney General that the alien has been battered by or has been the
subject of extreme cruelty perpetrated by the alien's citizen parent. For purposes of this clause, residence includes
any period of visitation.
(v) An alien who-(I) is the spouse, intended spouse, or child living abroad of a citizen who--
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(aa) is an employee of the United States Government;
(bb) is a member of the uniformed services (as defined in section 101(a) of Title 10); or
(cc) has subjected the alien or the alien's child to battery or extreme cruelty in the United States; and
(II) is eligible to file a petition under clause (iii) or (iv), shall file such petition with the Attorney General under the
procedures that apply to self-petitioners under clause (iii) or (iv), as applicable.
(vi) For the purposes of any petition filed under clause (iii) or (iv), the denaturalization, loss or renunciation of
citizenship, death of the abuser, divorce, or changes to the abuser's citizenship status after filing of the petition shall
not adversely affect the approval of the petition, and for approved petitions shall not preclude the classification of
the eligible self-petitioning spouse or child as an immediate relative or affect the alien's ability to adjust status under
subsections (a) and (c) of section 1255 of this title or obtain status as a lawful permanent resident based on the
approved self- petition under such clauses.
(vii) An alien may file a petition with the Secretary of Homeland Security under this subparagraph for classification
of the alien under section 1151(b)(2)(a)(i) of this title if the alien-(I) is the parent of a citizen of the United States or was a parent of a citizen of the United States who, within the past
2 years, lost or renounced citizenship status related to an incident of domestic violence or died;
(II) is a person of good moral character;
(III) is eligible to be classified as an immediate relative under section 1151(b)(2)(A)(i) of this title;
(IV) resides, or has resided, with the citizen daughter or son; and
(V) demonstrates that the alien has been battered or subject to extreme cruelty by the citizen daughter or son.
(viii)(I) Clause (i) shall not apply to a citizen of the United States who has been convicted of a specified offense
against a minor, unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion,
determines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed.
(II) For purposes of subclause (I), the term "specified offense against a minor" is defined as in section 16911 of
Title 42.
(B)(i)(I) Except as provided in subclause (II), any alien lawfully admitted for permanent residence claiming that an
alien is entitled to a classification by reason of the relationship described in section 1153(a)(2) of this title may file a
petition with the Attorney General for such classification.
(I) [FN1] Subclause (I) shall not apply in the case of an alien lawfully admitted for permanent residence who has
been convicted of a specified offense against a minor (as defined in subparagraph (A)(viii)(II)), unless the Secretary
of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that such person poses no
risk to the alien with respect to whom a petition described in subclause (I) is filed.
(ii)(I) An alien who is described in subclause (II) may file a petition with the Attorney General under this clause for
classification of the alien (and any child of the alien) if such a child has not been classified under clause (iii) of
section 1153(a)(2)(A) of this title and if the alien demonstrates to the Attorney General that-(aa) the marriage or the intent to marry the lawful permanent resident was entered into in good faith by the alien;
and
(bb) during the marriage or relationship intended by the alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme cruelty perpetrated by the alien's spouse or intended
spouse.
(II) For purposes of subclause (I), an alien described in this paragraph is an alien-(aa)(AA) who is the spouse of a lawful permanent resident of the United States; or
(BB) who believed that he or she had married a lawful permanent resident of the United States and with whom a
marriage ceremony was actually performed and who otherwise meets any applicable requirements under this
chapter to establish the existence of and bona fides of a marriage, but whose marriage is not legitimate solely
because of the bigamy of such lawful permanent resident of the United States; or
(CC) who was a bona fide spouse of a lawful permanent resident within the past 2 years and-(aaa) whose spouse lost status within the past 2 years due to an incident of domestic violence; or
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(bbb) who demonstrates a connection between the legal termination of the marriage within the past 2 years and
battering or extreme cruelty by the lawful permanent resident spouse;
(bb) who is a person of good moral character;
(cc) who is eligible to be classified as a spouse of an alien lawfully admitted for permanent residence under section
1153(a)(2)(A) of this title or who would have been so classified but for the bigamy of the lawful permanent resident
of the United States that the alien intended to marry; and
(dd) who has resided with the alien's spouse or intended spouse.
(iii) An alien who is the child of an alien lawfully admitted for permanent residence, or who was the child of a
lawful permanent resident who within the past 2 years lost lawful permanent resident status due to an incident of
domestic violence, and who is a person of good moral character, who is eligible for classification under section
1153(a)(2)(A) of this title, and who resides, or has resided in the past, with the alien's permanent resident alien
parent may file a petition with the Attorney General under this subparagraph for classification of the alien (and any
child of the alien) under such section if the alien demonstrates to the Attorney General that the alien has been
battered by or has been the subject of extreme cruelty perpetrated by the alien's permanent resident parent.
(iv) An alien who-(I) is the spouse, intended spouse, or child living abroad of a lawful permanent resident who-(aa) is an employee of the United States Government;
(bb) is a member of the uniformed services (as defined in section 101(a) of Title 10); or
(cc) has subjected the alien or the alien's child to battery or extreme cruelty in the United States; and
(II) is eligible to file a petition under clause (ii) or (iii), shall file such petition with the Attorney General under the
procedures that apply to self-petitioners under clause (ii) or (iii), as applicable.
(v)(I) For the purposes of any petition filed or approved under clause (ii) or (iii), divorce, or the loss of lawful
permanent resident status by a spouse or parent after the filing of a petition under that clause shall not adversely
affect approval of the petition, and, for an approved petition, shall not affect the alien's ability to adjust status under
subsections (a) and (c) of section 1255 of this title or obtain status as a lawful permanent resident based on an
approved self-petition under clause (ii) or (iii).
(II) Upon the lawful permanent resident spouse or parent becoming or establishing the existence of United States
citizenship through naturalization, acquisition of citizenship, or other means, any petition filed with the Immigration
and Naturalization Service and pending or approved under clause (ii) or (iii) on behalf of an alien who has been
battered or subjected to extreme cruelty shall be deemed reclassified as a petition filed under subparagraph (A) even
if the acquisition of citizenship occurs after divorce or termination of parental rights.
(C) Notwithstanding section 1101(f) of this title, an act or conviction that is waivable with respect to the petitioner
for purposes of a determination of the petitioner's admissibility under section 1182(a) of this title or deportability
under section 1227(a) of this title shall not bar the Attorney General from finding the petitioner to be of good moral
character under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) if the Attorney General finds that the act or
conviction was connected to the alien's having been battered or subjected to extreme cruelty.
(D)(i)(I) Any child who attains 21 years of age who has filed a petition under clause (iv) of subsection (a)(1)(A) or
(a)(1)(B)(iii) of this section that was filed or approved before the date on which the child attained 21 years of age
shall be considered (if the child has not been admitted or approved for lawful permanent residence by the date the
child attained 21 years of age) a petitioner for preference status under paragraph (1), (2), or (3) of section 1153(a) of
this title, whichever paragraph is applicable, with the same priority date assigned to the self-petition filed under
clause (iv) of subsection (a)(1)(A) or (a)(1)(B)(iii) of this section. No new petition shall be required to be filed.
(II) Any individual described in subclause (I) is eligible for deferred action and work authorization.
(III) Any derivative child who attains 21 years of age who is included in a petition described in clause (ii) that was
filed or approved before the date on which the child attained 21 years of age shall be considered (if the child has not
been admitted or approved for lawful permanent residence by the date the child attained 21 years of age) a VAWA
self-petitioner with the same priority date as that assigned to the petitioner in any petition described in clause (ii).
No new petition shall be required to be filed.
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(IV) Any individual described in subclause (III) and any derivative child of a petition described in clause (ii) is
eligible for deferred action and work authorization.
(ii) The petition referred to in clause (i)(III) is a petition filed by an alien under subparagraph (A)(iii), (A)(iv),
(B)(ii) or (B)(iii) in which the child is included as a derivative beneficiary.
(iii) Nothing in the amendments made by the Child Status Protection Act shall be construed to limit or deny any
right or benefit provided under this subparagraph.
(iv) Any alien who benefits from this subparagraph may adjust status in accordance with subsections (a) and (c) of
section 1255 of this title as an alien having an approved petition for classification under subparagraph (A)(iii),
(A)(iv), (B)(ii), or (B)(iii).
(v) For purposes of this paragraph, an individual who is not less than 21 years of age, who qualified to file a petition
under subparagraph (A)(iv) or (B)(iii) as of the day before the date on which the individual attained 21 years of age,
and who did not file such a petition before such day, shall be treated as having filed a petition under such
subparagraph as of such day if a petition is filed for the status described in such subparagraph before the individual
attains 25 years of age and the individual shows that the abuse was at least one central reason for the filing delay.
Clauses (i) through (iv) of this subparagraph shall apply to an individual described in this clause in the same manner
as an individual filing a petition under subparagraph (A)(iv) or (B)(iii).
(E) Any alien desiring to be classified under section 1153(b)(1)(A) of this title, or any person on behalf of such an
alien, may file a petition with the Attorney General for such classification.
(F) Any employer desiring and intending to employ within the United States an alien entitled to classification under
section 1153(b)(1)(B), 1153(b)(1)(C), 1153(b)(2), or 1153(b)(3) of this title may file a petition with the Attorney
General for such classification.
(G)(i) Any alien (other than a special immigrant under section 1101(a)(27)(D) of this title) desiring to be classified
under section 1153(b)(4) of this title, or any person on behalf of such an alien, may file a petition with the Attorney
(ii) Aliens claiming status as a special immigrant under section 1101(a)(27)(D) of this title may file a petition only
with the Secretary of State and only after notification by the Secretary that such status has been recommended and
approved pursuant to such section.
(H) Any alien desiring to be classified under section 1153(B)(5) of this title may file a petition with the Attorney
(I)(i) Any alien desiring to be provided an immigrant visa under section 1153(c) of this title may file a petition at
the place and time determined by the Secretary of State by regulation. Only one such petition may be filed by an
alien with respect to any petitioning period established. If more than one petition is submitted all such petitions
submitted for such period by the alien shall be voided.
(ii)(I) The Secretary of State shall designate a period for the filing of petitions with respect to visas which may be
issued under section 1153(c) of this title for the fiscal year beginning after the end of the period.
(II) Aliens who qualify, through random selection, for a visa under section 1153(c) of this title shall remain eligible
to receive such visa only through the end of the specific fiscal year for which they were selected.
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(III) The Secretary of State shall prescribe such regulations as may be necessary to carry out this clause.
(iii) A petition under this subparagraph shall be in such form as the Secretary of State may by regulation prescribe
and shall contain such information and be supported by such documentary evidence as the Secretary of State may
require.
(J) In acting on petitions filed under clause (iii) or (iv) of subparagraph (A) or clause (ii) or (iii) of subparagraph
(B), or in making determinations under subparagraphs (C) and (D), the Attorney General shall consider any credible
evidence relevant to the petition. The determination of what evidence is credible and the weight to be given that
evidence shall be within the sole discretion of the Attorney General.
(K) Upon the approval of a petition as a VAWA self-petitioner, the alien-(i) is eligible for work authorization; and
(ii) may be provided an "employment authorized" endorsement or appropriate work permit incidental to such
approval.
(L) Notwithstanding the previous provisions of this paragraph, an individual who was a VAWA petitioner or who
had the status of a nonimmigrant under subparagraph (T) or (U) of section 1101(a)(15) of this title may not file a
petition for classification under this section or section 1184 of this title to classify any person who committed the
battery or extreme cruelty or trafficking against the individual (or the individual's child) which established the
individual's (or individual's child) eligibility as a VAWA petitioner or for such nonimmigrant status.
(2)(A) The Attorney General may not approve a spousal second preference petition for the classification of the
spouse of an alien if the alien, by virtue of a prior marriage, has been accorded the status of an alien lawfully
admitted for permanent residence as the spouse of a citizen of the United States or as the spouse of an alien lawfully
admitted for permanent residence, unless-(i) a period of 5 years has elapsed after the date the alien acquired the status of an alien lawfully admitted for
permanent residence, or
(ii) the alien establishes to the satisfaction of the Attorney General by clear and convincing evidence that the prior
marriage (on the basis of which the alien obtained the status of an alien lawfully admitted for permanent residence)
was not entered into for the purpose of evading any provision of the immigration laws.
In this subparagraph, the term "spousal second preference petition" refers to a petition, seeking preference status
under section 1153(a)(2) of this title, for an alien as a spouse of an alien lawfully admitted for permanent residence.
(B) Subparagraph (A) shall not apply to a petition filed for the classification of the spouse of an alien if the prior
marriage of the alien was terminated by the death of his or her spouse.
(b) Investigation; consultation; approval; authorization to grant preference status
After an investigation of the facts in each case, and after consultation with the Secretary of Labor with respect to
petitions to accord a status under section 1153(b)(2) or 1153(b)(3) of this title, the Attorney General shall, if he
determines that the facts stated in the petition are true and that the alien in behalf of whom the petition is made is an
immediate relative specified in section 1151(b) of this title or is eligible for preference under subsection (a) or (b) of
section 1153 of this title, approve the petition and forward one copy thereof to the Department of State. The
Secretary of State shall then authorize the consular officer concerned to grant the preference status.
(c) Limitation on orphan petitions approved for a single petitioner; prohibition against approval in cases of
marriages entered into in order to evade immigration laws; restriction on future entry of aliens involved with
marriage fraud
Notwithstanding the provisions of subsection (b) of this section no petition shall be approved if (1) the alien has
previously been accorded, or has sought to be accorded, an immediate relative or preference status as the spouse of
a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a
marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration
laws, or (2) the Attorney General has determined that the alien has attempted or conspired to enter into a marriage
for the purpose of evading the immigration laws.
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(d) Recommendation of valid home-study
Notwithstanding the provisions of subsections (a) and (b) of this section no petition may be approved on behalf of a
child defined in section 1101(b)(1)(F) of this title unless a valid home-study has been favorably recommended by
an agency of the State of the child's proposed residence, or by an agency authorized by that State to conduct such a
study, or, in the case of a child adopted abroad, by an appropriate public or private adoption agency which is
licensed in the United States.
(e) Subsequent finding of non-entitlement to preference classification
Nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is
approved, to be admitted [FN2] the United States as an immigrant under subsection (a), (b), or (c) of section 1153
of this title or as an immediate relative under section 1151(b) of this title if upon his arrival at a port of entry in the
United States he is found not to be entitled to such classification.
(f) Preferential treatment for children fathered by United States citizens and born in Korea, Vietnam, Laos,
Kampuchea, or Thailand after 1950 and before October 22, 1982
(1) Any alien claiming to be an alien described in paragraph (2)(A) of this subsection (or any person on behalf of
such an alien) may file a petition with the Attorney General for classification under section 1151(b), 1153(a)(1), or
1153(a)(3) of this title, as appropriate. After an investigation of the facts of each case the Attorney General shall, if
the conditions described in paragraph (2) are met, approve the petition and forward one copy to the Secretary of
State.
(2) The Attorney General may approve a petition for an alien under paragraph (1) if-(A) he has reason to believe that the alien (i) was born in Korea, Vietnam, Laos, Kampuchea, or Thailand after 1950
and before October 22, 1982, and (ii) was fathered by a United States citizen;
(B) he has received an acceptable guarantee of legal custody and financial responsibility described in paragraph (4);
and
(C) in the case of an alien under eighteen years of age, (i) the alien's placement with a sponsor in the United States
has been arranged by an appropriate public, private, or State child welfare agency licensed in the United States and
actively involved in the intercountry placement of children and (ii) the alien's mother or guardian has in writing
irrevocably released the alien for emigration.
(3) In considering petitions filed under paragraph (1), the Attorney General shall-(A) consult with appropriate governmental officials and officials of private voluntary organizations in the country of
the alien's birth in order to make the determinations described in subparagraphs (A) and (C)(ii) of paragraph (2);
and
(B) consider the physical appearance of the alien and any evidence provided by the petitioner, including birth and
baptismal certificates, local civil records, photographs of, and letters or proof of financial support from, a putative
father who is a citizen of the United States, and the testimony of witnesses, to the extent it is relevant or probative.
(4)(A) A guarantee of legal custody and financial responsibility for an alien described in paragraph (2) must-(i) be signed in the presence of an immigration officer or consular officer by an individual (hereinafter in this
paragraph referred to as the "sponsor") who is twenty-one years of age or older, is of good moral character, and is a
citizen of the United States or alien lawfully admitted for permanent residence, and
(ii) provide that the sponsor agrees (I) in the case of an alien under eighteen years of age, to assume legal custody
for the alien after the alien's departure to the United States and until the alien becomes eighteen years of age, in
accordance with the laws of the State where the alien and the sponsor will reside, and (II) to furnish, during the fiveyear period beginning on the date of the alien's acquiring the status of an alien lawfully admitted for permanent
residence, or during the period beginning on the date of the alien's acquiring the status of an alien lawfully admitted
for permanent residence and ending on the date on which the alien becomes twenty-one years of age, whichever
period is longer, such financial support as is necessary to maintain the family in the United States of which the alien
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is a member at a level equal to at least 125 per centum of the current official poverty line (as established by the
Director of the Office of Management and Budget, under section 9902(2) of Title 42 and as revised by the Secretary
of Health and Human Services under the second and third sentences of such section) for a family of the same size as
the size of the alien's family.
(B) A guarantee of legal custody and financial responsibility described in subparagraph (A) may be enforced with
respect to an alien against his sponsor in a civil suit brought by the Attorney General in the United States district
court for the district in which the sponsor resides, except that a sponsor or his estate shall not be liable under such a
guarantee if the sponsor dies or is adjudicated a bankrupt under Title 11.
(g) Restriction on petitions based on marriages entered while in exclusion or deportation proceedings
Notwithstanding subsection (a) of this section, except as provided in section 1255(e)(3) of this title, a petition may
not be approved to grant an alien immediate relative status or preference status by reason of a marriage which was
entered into during the period described in section 1255(e)(2) of this title, until the alien has resided outside the
United States for a 2-year period beginning after the date of the marriage.
(h) Survival of rights to petition
The legal termination of a marriage may not be the sole basis for revocation under section 1155 of this title of a
petition filed under subsection (a)(1)(A)(iii) of this section or a petition filed under subsection (a)(1)(B)(ii) of this
section pursuant to conditions described in subsection (a)(1)(A)(iii)(I) of this section. Remarriage of an alien whose
petition was approved under subsection (a)(1)(B)(ii) or (a)(1)(A)(iii) of this section or marriage of an alien
described in clause (iv) or (vi) of subsection (a)(1)(A) of this section or in subsection (a)(1)(B)(iii) of this section
shall not be the basis for revocation of a petition approval under section 1155 of this title.
(i) Professional athletes
(1) In general
A petition under subsection (a)(4)(D) [FN3] of this section for classification of a professional athlete shall remain
valid for the athlete after the athlete changes employers, if the new employer is a team in the same sport as the team
which was the employer who filed the petition.
(2) "Professional athlete" defined
For purposes of paragraph (1), the term "professional athlete" means an individual who is employed as an athlete
by-(A) a team that is a member of an association of 6 or more professional sports teams whose total combined revenues
exceed $10,000,000 per year, if the association governs the conduct of its members and regulates the contests and
exhibitions in which its member teams regularly engage; or
(B) any minor league team that is affiliated with such an association.
(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status
pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain
valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar
occupational classification as the job for which the petition was filed.
(k) Procedures for unmarried sons and daughters of citizens
(1) In general
Except as provided in paragraph (2), in the case of a petition under this section initially filed for an alien unmarried
son or daughter's classification as a family-sponsored immigrant under section 1153(a)(2)(B) of this title, based on a
parent of the son or daughter being an alien lawfully admitted for permanent residence, if such parent subsequently
becomes a naturalized citizen of the United States, such petition shall be converted to a petition to classify the
unmarried son or daughter as a family-sponsored immigrant under section 1153(a)(1) of this title.
(2) Exception
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Paragraph (1) does not apply if the son or daughter files with the Attorney General a written statement that he or she
elects not to have such conversion occur (or if it has occurred, to have such conversion revoked). Where such an
election has been made, any determination with respect to the son or daughter's eligibility for admission as a familysponsored immigrant shall be made as if such naturalization had not taken place.
(3) Priority date
Regardless of whether a petition is converted under this subsection or not, if an unmarried son or daughter
described in this subsection was assigned a priority date with respect to such petition before such naturalization, he
or she may maintain that priority date.
(4) Clarification
This subsection shall apply to a petition if it is properly filed, regardless of whether it was approved or not before
such naturalization.
8 C.F.R. § 204.2
Title 8. Aliens and Nationality
Chapter I. Department of Homeland Security (Immigration and Naturalization) (Refs & Annos)
Subchapter B. Immigration Regulations
Part 204 Immigrant Petitions (Refs & Annos)
§ 204.2 (c) – (e) Petitions for relatives, widows and widowers, and abused spouses and children
(c) Self-petition by spouse of abusive citizen or lawful permanent resident-(1) Eligibility-(i) Basic eligibility requirements. A spouse may file a self-petition under section 204(a)(1)(A)(iii) or
204(a)(1)(B)(ii) of the Act for his or her classification as an immediate relative or as a preference immigrant if he or
she:
(A) Is the spouse of a citizen or lawful permanent resident of the United States;
(B) Is eligible for immigrant classification under section 201(b)(2)(A)(i) or 203(a)(2)(A) of the Act based on that
relationship;
(C) Is residing in the United States;
(D) Has resided in the United States with the citizen or lawful permanent resident spouse;
(E) Has been battered by, or has been the subject of extreme cruelty perpetrated by, the citizen or lawful permanent
resident during the marriage; or is that parent of a child who has been battered by, or has been the subject of
extreme cruelty perpetrated by, the citizen or lawful permanent resident during the marriage;
(F) Is a person of good moral character;
(G) Is a person whose deportation would result in extreme hardship to himself, herself, or his or her child; and
(H) Entered into the marriage to the citizen or lawful permanent resident in good faith.
(ii) Legal status of the marriage. The self-petitioning spouse must be legally married to the abuser when the petition
is properly filed with the Service. A spousal self-petition must be denied if the marriage to the abuser legally ended
through annulment, death, or divorce before that time. After the self-petition has been properly filed, the legal
termination of the marriage will have no effect on the decision made on the self- petition. The self- petitioner's
remarriage, however, will be a basis for the denial of a pending self-petition.
(iii) Citizenship or immigration status of the abuser. The abusive spouse must be a citizen of the United States or a
lawful permanent resident of the United States when the petition is filed and when it is approved. Changes in the
abuser's citizenship or lawful permanent resident status after the approval will have no effect on the self-petition. A
self-petition approved on the basis of a relationship to an abusive lawful permanent resident spouse will not be
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automatically upgraded to immediate relative status. The self-petitioner would not be precluded, however, from
filing a new self-petition for immediate relative classification after the abuser's naturalization, provided the selfpetitioner continues to meet the self-petitioning requirements.
(iv) Eligibility for immigrant classification. A self-petitioner is required to comply with the provisions of section
204(c) of the Act, section 204(g) of the Act, and section 204(a)(2) of the Act.
(v) Residence. A self-petition will not be approved if the self-petitioner is not residing in the United States when the
self-petition is filed. The self- petitioner is not required to be living with the abuser when the petition is filed, but he
or she must have resided with the abuser in the United States in the past.
(vi) Battery or extreme cruelty. For the purpose of this chapter, the phrase "was battered by or was the subject of
extreme cruelty" includes, but is not limited to, being the victim of any act or threatened act of violence, including
any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual
abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be
considered acts of violence. Other abusive actions may also be acts of violence under certain circumstances,
including acts that, in and of themselves, may not initially appear violent but that are a part of an overall pattern of
violence. The qualifying abuse must have been committed by the citizen or lawful permanent resident spouse, must
have been perpetrated against the self-petitioner or the self-petitioner's child, and must have taken place during the
self-petitioner's marriage to the abuser.
(vii) Good moral character. A self-petitioner will be found to lack good moral character if he or she is a person
described in section 101(f) of the Act. Extenuating circumstances may be taken into account if the person has not
been convicted of an offense or offenses but admits to the commission of an act or acts that could show a lack of
good moral character under section 101(f) of the Act. A person who was subjected to abuse in the form of forced
prostitution or who can establish that he or she was forced to engage in other behavior that could render the person
excludable under section 212(a) of the Act would not be precluded from being found to be a person of good moral
character, provided the person has not been convicted for the commission of the offense or offenses in a court of
law. A self-petitioner will also be found to lack good moral character, unless he or she establishes extenuating
circumstances, if he or she willfully failed or refused to support dependents; or committed unlawful acts that
adversely reflect upon his or her moral character, or was convicted or imprisoned for such acts, although the acts do
not require an automatic finding of lack of good moral character. A self-petitioner's claim of good moral character
will be evaluated on a case-by-case basis, taking into account the provisions of section 101(f) of the Act and the
standards of the average citizen in the community. If the results of record checks conducted prior to the issuance of
an immigrant visa or approval of an application for adjustment of status disclose that the self-petitioner is no longer
a person of good moral character or that he or she has not been a person of good moral character in the past, a
pending self-petition will be denied or the approval of a self-petition will be revoked.
(viii) Extreme hardship. The Service will consider all credible evidence of extreme hardship submitted with a selfpetition, including evidence of hardship arising from circumstances surrounding the abuse. The extreme hardship
claim will be evaluated on a case-by-case basis after a review of the evidence in the case. Self-petitioners are
encouraged to cite and document all applicable factors, since there is no guarantee that a particular reason or
reasons will result in a finding that deportation would cause extreme hardship. Hardship to persons other than the
self-petitioner or the self-petitioner's child cannot be considered in determining whether a self-petitioning spouse's
deportation would cause extreme hardship.
(ix) Good faith marriage. A spousal self-petition cannot be approved if the self-petitioner entered into the marriage
to the abuser for the primary purpose of circumventing the immigration laws. A self-petition will not be denied,
however, solely because the spouses are not living together and the marriage is no longer viable.
(2) Evidence for a spousal self-petition-(i) General. Self-petitioners are encouraged to submit primary evidence whenever possible. The Service will
consider, however, any credible evidence relevant to the petition. The determination of what evidence is credible
and the weight to be given that evidence shall be within the sole discretion of the Service.
(ii) Relationship. A self-petition filed by a spouse must be accompanied by evidence of citizenship of the United
States citizen or proof of the immigration status of the lawful permanent resident abuser. It must also be
accompanied by evidence of the relationship. Primary evidence of a marital relationship is a marriage certificate
issued by civil authorities, and proof of the termination of all prior marriages, if any, of both the self-petitioner and
the abuser. If the self-petition is based on a claim that the self-petitioner's child was battered or subjected to extreme
cruelty committed by the citizen or lawful permanent resident spouse, the self-petition should also be accompanied
by the child's birth certificate or other evidence showing the relationship between the self-petitioner and the abused
child.
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(iii) Residence. One or more documents may be submitted showing that the self-petitioner and the abuser have
resided together in the United States. One or more documents may also be submitted showing that the selfpetitioner is residing in the United States when the self-petition is filed. Employment records, utility receipts, school
records, hospital or medical records, birth certificates of children born in the United States, deeds, mortgages, rental
records, insurance policies, affidavits or any other type of relevant credible evidence of residency may be submitted.
(iv) Abuse. Evidence of abuse may include, but is not limited to, reports and affidavits from police, judges and
other court officials, medical personnel, school officials, clergy, social workers, and other social service agency
personnel. Persons who have obtained an order of protection against the abuser or have taken other legal steps to
end the abuse are strongly encouraged to submit copies of the relating legal documents. Evidence that the abuse
victim sought safe-haven in a battered women's shelter or similar refuge may be relevant, as may a combination of
documents such as a photograph of the visibly injured self-petitioner supported by affidavits. Other forms of
credible relevant evidence will also be considered. Documentary proof of non-qualifying abuses may only be used
to establish a pattern of abuse and violence and to support a claim that qualifying abuse also occurred.
(v) Good moral character. Primary evidence of the self-petitioner's good moral character is the self-petitioner's
affidavit. The affidavit should be accompanied by a local police clearance or a state-issued criminal background
check from each locality or state in the United States in which the self-petitioner has resided for six or more months
during the 3-year period immediately preceding the filing of the self-petition. Self-petitioners who lived outside the
United States during this time should submit a police clearance, criminal background check, or similar report issued
by the appropriate authority in each foreign country in which he or she resided for six or more months during the 3year period immediately preceding the filing of the self-petition. If police clearances, criminal background checks,
or similar reports are not available for some or all locations, the self-petitioner may include an explanation and
submit other evidence with his or her affidavit. The Service will consider other credible evidence of good moral
character, such as affidavits from responsible persons who can knowledgeably attest to the self-petitioner's good
moral character.
(vi) Extreme hardship. Evidence of extreme hardship may include affidavits, birth certificates of children, medical
reports, protection orders and other court documents, police reports, and other relevant credible evidence.
(vii) Good faith marriage. Evidence of good faith at the time of marriage may include, but is not limited to, proof
that one spouse has been listed as the other's spouse on insurance policies, property leases, income tax forms, or
bank accounts; and testimony or other evidence regarding courtship, wedding ceremony, shared residence and
experiences. Other types of readily available evidence might include the birth certificates of children born to the
abuser and the spouse; police, medical, or court documents providing information about the relationship; and
affidavits of persons with personal knowledge of the relationship. All credible relevant evidence will be considered.
(3) Decision on and disposition of the petition-(i) Petition approved. If the self-petitioning spouse will apply for adjustment of status under section 245 of the Act,
the approved petition will be retained by the Service. If the self-petitioner will apply for an immigrant visa abroad,
the approved self-petition will be forwarded to the Department of State's National Visa Center.
(ii) Petition denied. If the self-petition is denied, the self-petitioner will be notified in writing of the reasons for the
denial and of the right to appeal the decision.
(4) Derivative beneficiaries. A child accompanying or following-to-join the self-petitioning spouse may be
accorded the same preference and priority date as the self-petitioner without the necessity of a separate petition, if
the child has not been classified as an immigrant based on his or her own self-petition. A derivative child who had
been included in a parent's self-petition may later file a self-petition, provided the child meets the self-petitioning
requirements. A child who has been classified as an immigrant based on a petition filed by the abuser or another
relative may also be derivatively included in a parent's self-petition. The derivative child must be unmarried, less
than 21 years old, and otherwise qualify as the self-petitioner's child under section 101(b)(1)(F) of the Act until he
or she becomes a lawful permanent resident based on the derivative classification.
(5) Name change. If the self-petitioner's current name is different than the name shown on the documents, evidence
of the name change (such as the petitioner's marriage certificate, legal document showing name change, or other
similar evidence) must accompany the self-petition.
(6) Prima facie determination.
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(i) Upon receipt of a self-petition under paragraph (c)(1) of this section, the Service shall make a determination as to
whether the petition and the supporting documentation establish a "prima facie case" for purposes of 8 U.S.C. 1641,
as amended by section 501 of Public Law 104-208.
(ii) For purposes of paragraph (c)(6)(i) of this section, a prima facie case is established only if the petitioner submits
a completed Form I-360 and other evidence supporting all of the elements required of a self-petitioner in paragraph
(c)(1) of this section. A finding of prima facie eligibility does not relieve the petitioner of the burden of providing
additional evidence in support of the petition and does not establish eligibility for the underlying petition.
(iii) If the Service determines that a petitioner has made a "prima facie case," the Service shall issue a Notice of
Prima Facie Case to the petitioner. Such Notice shall be valid until the Service either grants or denies the petition.
(iv) For purposes of adjudicating the petition submitted under paragraph (c)(1) of this section, a prima facie
determination-(A) Shall not be considered evidence in support of the petition;
(B) Shall not be construed to make a determination of the credibility or probative value of any evidence submitted
along with that petition; and,
(C) Shall not relieve the self-petitioner of his or her burden of complying with all of the evidentiary requirements of
paragraph (c)(2) of this section.
(d) Petition for a child or son or daughter-(1) Eligibility. A United States citizen may file a petition on behalf of an unmarried child under twenty-one years of
age for immediate relative classification under section 201(b) of the Act. A United States citizen may file a petition
on behalf of an unmarried son or daughter over twenty-one years of age under section 203(a)(1) or for a married son
or daughter for preference classification under section 203(a)(3) of the Act. An alien lawfully admitted for
permanent residence may file a petition on behalf of a child or an unmarried son or daughter for preference
classification under section 203(a)(2) of the Act.
(2) Evidence to support petition for child or son or daughter. In addition to evidence of United States citizenship or
lawful permanent resident, the petitioner must also provide evidence of the claimed relationship.
(i) Primary evidence for a legitimate child or son or daughter. If a petition is submitted by the mother, the birth
certificate of the child showing the mother's name must accompany the petition. If the mother's name on the birth
certificate is different from her name on the petition, evidence of the name change must also be submitted. If a
petition is submitted by the father, the birth certificate of the child, a marriage certificate of the parents, and proof of
legal termination of the parents' prior marriages, if any, issued by civil authorities must accompany the petition. If
the father's name has been legally changed, evidence of the name change must also accompany the petition.
(ii) Primary evidence for a legitimated child or son or daughter. A child can be legitimated through the marriage of
his or her natural parents, by the laws of the country or state of the child's residence or domicile, or by the laws of
the country or state of the father's residence or domicile. If the legitimation is based on the natural parents' marriage,
such marriage must have taken place while the child was under the age of eighteen. If the legitimation is based on
the laws of the country or state of the child's residence or domicile, the law must have taken effect before the child's
eighteenth birthday. If the legitimation is based on the laws of the country or state of the father's residence or
domicile, the father must have resided--while the child was under eighteen years of age--in the country or state
under whose laws the child has been legitimated. Primary evidence of the relationship should consist of the
beneficiary's birth certificate and the parents' marriage certificate or other evidence of legitimation issued by civil
authorities.
(iii) Primary evidence for an illegitimate child or son or daughter. If a petition is submitted by the mother, the
child's birth certificate, issued by civil authorities and showing the mother's name, must accompany the petition. If
the mother's name on the birth certificate is different from her name as reflected in the petition, evidence of the
name change must also be submitted. If the petition is submitted by the purported father of a child or son or
daughter born out of wedlock, the father must show that he is the natural father and that a bona fide parent-child
relationship was established when the child or son or daughter was unmarried and under twenty-one years of age.
Such a relationship will be deemed to exist or to have existed where the father demonstrates or has demonstrated an
active concern for the child's support, instruction, and general welfare. Primary evidence to establish that the
petitioner is the child's natural father is the beneficiary's birth certificate, issued by civil authorities and showing the
father's name. If the father's name has been legally changed, evidence of the name change must accompany the
petition. Evidence of a parent/child relationship should establish more than merely a biological relationship.
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Emotional and/or financial ties or a genuine concern and interest by the father for the child's support, instruction,
and general welfare must be shown. There should be evidence that the father and child actually lived together or
that the father held the child out as being his own, that he provided for some or all of the child's needs, or that in
general the father's behavior evidenced a genuine concern for the child. The most persuasive evidence for
establishing a bona fide parent/child relationship and financial responsibility by the father is documentary evidence
which was contemporaneous with the events in question. Such evidence may include, but is not limited to: money
order receipts or cancelled checks showing the father's financial support of the beneficiary; the father's income tax
returns; the father's medical or insurance records which include the beneficiary as a dependent; school records for
the beneficiary; correspondence between the parties; or notarized affidavits of friends, neighbors, school officials,
or other associates knowledgeable about the relationship.
(iv) Primary evidence for a stepchild. If a petition is submitted by a stepparent on behalf of a stepchild or stepson or
stepdaughter, the petition must be supported by the stepchild's or stepson's or stepdaughter's birth certificate, issued
by civil authorities and showing the name of the beneficiary's parent to whom the petitioner is married, a marriage
certificate issued by civil authorities which shows that the petitioner and the child's natural parent were married
before the stepchild or stepson or stepdaughter reached the age of eighteen; and evidence of the termination of any
prior marriages of the petitioner and the natural parent of the stepchild or stepson or stepdaughter.
(v) Secondary evidence. When it is established that primary evidence is not available, secondary evidence may be
accepted. To determine the availability of primary documents, the Service will refer to the Department of State's
Foreign Affairs Manual (FAM). When the FAM shows that primary documents are generally available in the
country at issue but the petitioner claims that his or her document is unavailable, a letter from the appropriate
registrar stating that the document is not available will be required before the Service will accept secondary
evidence. Secondary evidence will be evaluated for its authenticity and credibility. Secondary evidence may take
the form of historical evidence; such evidence must have been issued contemporaneously with the event which it
documents any may include, but is not limited to, medical records, school records, and religious documents.
Affidavits may also by accepted. When affidavits are submitted, they must be sworn to by persons who were born
at the time of and who have personal knowledge of the event to which they attest. Any affidavit must contain the
affiant's full name and address, date and place of birth, relationship to the party, if any, and complete details
concerning how the affiant acquired knowledge of the event.
(vi) Blood tests. The director may require that a specific Blood Group Antigen Test be conducted of the beneficiary
and the beneficiary's father and mother. In general, blood tests will be required only after other forms of evidence
have proven inconclusive. If the specific Blood Group Antigen Test is also found not to be conclusive and the
director determines that additional evidence is needed, a Human Leucocyte Antigen (HLA) test may be requested.
Tests will be conducted, at the expense of the petitioner or beneficiary, by the United States Public Health Service
physician who is authorized overseas or by a qualified medical specialist designated by the district director. The
results of the test should be reported on Form G-620. Refusal to submit to a Specific Blood Group Antigen or HLA
test when requested may constitute a basis for denial of the petition, unless a legitimate religious objection has been
established. When a legitimate religious objection is established, alternate forms of evidence may be considered
based upon documentation already submitted.
(vii) Primary evidence for an adopted child or son or daughter. A petition may be submitted on behalf of an adopted
child or son or daughter by a United States citizen or lawful permanent resident if the adoption took place before the
beneficiary's sixteenth birthday, and if the child has been in the legal custody of the adopting parent or parents and
has resided with the adopting parent or parents for at least two years. A copy of the adoption decree, issued by the
civil authorities, must accompany the petition.
(A) Legal custody means the assumption of responsibility for a minor by an adult under the laws of the state and
under the order or approval of a court of law or other appropriate government entity. This provision requires that a
legal process involving the courts or other recognized government entity take place. If the adopting parent was
granted legal custody by the court or recognized governmental entity prior to the adoption, that period may be
counted toward fulfillment of the two-year legal custody requirement. However, if custody was not granted prior to
the adoption, the adoption decree shall be deemed to mark the commencement of legal custody. An informal
custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this
purpose.
(B) Evidence must also be submitted to show that the beneficiary resided with the petitioner for at least two years.
Generally, such documentation must establish that the petitioner and the beneficiary resided together in a familial
relationship. Evidence of parental control may include, but is not limited to, evidence that the adoptive parent owns
or maintains the property where the child resides and provides financial support and day-to-day supervision. The
evidence must clearly indicate the physical living arrangements of the adopted child, the adoptive parent(s), and the
natural parent(s) for the period of time during which the adoptive parent claims to have met the residence
requirement. When the adopted child continued to reside in the same household as a natural parent(s) during the
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period in which the adoptive parent petitioner seeks to establish his or her compliance with this requirement, the
petitioner has the burden of establishing that he or she exercised primary parental control during that period of
residence.
(C) Legal custody and residence occurring prior to or after the adoption will satisfy both requirements. Legal
custody, like residence, is accounted for in the aggregate. Therefore, a break in legal custody or residence will not
affect the time already fulfilled. To meet the definition of child contained in sections 101(b)(1)(E) and 101(b)(2) of
the Act, the child must have been under 16 years of age when the adoption is finalized.
(3) Decision on and disposition of petition. The approved petition will be forwarded to the Department of State's
Processing Center. If the beneficiary is in the United States and is eligible for adjustment of status under section 245
of the Act, the approved petition will be retained by the Service. If the petition is denied, the petitioner will be
notified of the reasons for the denial and of the right to appeal in accordance with the provisions of 8 CFR 3.3.
(4) Derivative beneficiaries. A spouse or child accompanying or following to join a principal alien as used in this
section may be accorded the same preference and priority date as the principal alien without the necessity of a
separate petition. However, a child of an alien who is approved for classification as an immediate relative is not
eligible for derivative classification and must have a separate petition approved on his or her behalf.
(5) Name change. When the petitioner's name does not appear on the child's birth certificate, evidence of the name
change (such as the petitioner's marriage certificate, legal document showing name change, or other similar
evidence) must accompany the petition. If the beneficiary's name has been legally changed, evidence of the name
change must also accompany the petition.
(e) Self-petition by child of abusive citizen or lawful permanent resident-(1) Eligibility.
(i) A child may file a self-petition under section 204(a)(1)(A)(iv) or 204(a)(1)(B)(iii) of the Act if he or she:
(A) Is the child of a citizen or lawful permanent resident of the United States;
(B) Is eligible for immigrant classification under section 201(b)(2)(A)(i) or 203(a)(2)(A) of the Act based on that
relationship;
(C) Is residing in the United States;
(D) Has resided in the United States with the citizen or lawful permanent resident parent;
(E) Has been battered by, or has been the subject of extreme cruelty perpetrated by, the citizen or lawful permanent
resident parent while residing with that parent;
(F) Is a person of good moral character; and
(G) Is a person whose deportation would result in extreme hardship to himself or herself.
(ii) Parent-child relationship to the abuser. The self-petitioning child must be unmarried, less than 21 years of age,
and otherwise qualify as the abuser's child under the definition of child contained in section 101(b)(1) of the Act
when the petition is filed and when it is approved. Termination of the abuser's parental rights or a change in legal
custody does not alter the self-petitioning relationship provided the child meets the requirements of section
101(b)(1) of the Act.
(iii) Citizenship or immigration status of the abuser. The abusive parent must be a citizen of the United States or a
lawful permanent resident of the United States when the petition is filed and when it is approved. Changes in the
abuser's citizenship or lawful permanent resident status after the approval will have no effect on the self-petition. A
self-petition approved on the basis of a relationship to an abusive lawful permanent resident will not be
automatically upgraded to immediate relative status. The self-petitioning child would not be precluded, however,
from filing a new self-petition for immediate relative classification after the abuser's naturalization, provided the
self-petitioning child continues to meet the self-petitioning requirements.
(iv) Eligibility for immigrant classification. A self-petitioner is required to comply with the provisions of section
204(c) of the Act, section 204(g) of the Act, and section 204(a)(2) of the Act.
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(v) Residence. A self-petition will not be approved if the self-petitioner is not residing in the United States when the
self-petition is filed. The self-petitioner is not required to be living with the abuser when the petition is filed, but he
or she must have resided with the abuser in the United States in the past.
(vi) Battery or extreme cruelty. For the purpose of this chapter, the phrase "was battered by or was the subject of
extreme cruelty" includes, but is not limited to, being the victim of any act or threatened act of violence, including
any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual
abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be
considered acts of violence. Other abusive actions may also be acts of violence under certain circumstances,
including acts that, in and of themselves, may not initially appear violent but are a part of an overall pattern of
violence. The qualifying abuse must have been committed by the citizen or lawful permanent resident parent, must
have been perpetrated against the self-petitioner, and must have taken place while the self-petitioner was residing
with the abuser.
(vii) Good moral character. A self-petitioner will be found to lack good moral character if he or she is a person
described in section 101(f) of the Act. Extenuating circumstances may be taken into account if the person has not
been convicted of an offense or offenses but admits to the commission of an act or acts that could show a lack of
good moral character under section 101(f) of the Act. A person who was subjected to abuse in the form of forced
prostitution or who can establish that he or she was forced to engage in other behavior that could render the person
excludable under section 212(a) of the Act would not be precluded from being found to be a person of good moral
character, provided the person has not been convicted for the commission of the offense or offenses in a court of
law. A self-petitioner will also be found to lack good moral character, unless he or she establishes extenuating
circumstances, if he or she willfully failed or refused to support dependents; or committed unlawful acts that
adversely reflect upon his or her moral character, or was convicted or imprisoned for such acts, although the acts do
not require an automatic finding of lack of good moral character. A self-petitioner's claim of good moral character
will be evaluated on a case-by-case basis, taking into account the provisions of section 101(f) of the Act and the
standards of the average citizen in the community. If the results of record checks conducted prior to the issuance of
an immigrant visa or approval of an application for adjustment of status disclose that the self-petitioner is no longer
a person of good moral character or that he or she has not been a person of good moral character in the past, a
pending self-petition will be denied or the approval of a self-petition will be revoked.
(viii) Extreme hardship. The Service will consider all credible evidence of extreme hardship submitted with a selfpetition, including evidence of hardship arising from circumstances surrounding the abuse. The extreme hardship
claim will be evaluated on a case-by-case basis after a review of the evidence in the case. Self-petitioners are
encouraged to cite and document all applicable factors, since there is no guarantee that a particular reason or
reasons will result in a finding that deportation would cause extreme hardship. Hardship to persons other than the
self-petitioner cannot be considered in determining whether a self-petitioning child's deportation would cause
extreme hardship.
(2) Evidence for a child's self-petition-(i) General. Self-petitioners are encouraged to submit primary evidence whenever possible. The Service will
consider, however, any credible evidence relevant to the petition. The determination of what evidence is credible
and the weight to be given that evidence shall be within the sole discretion of the Service.
(ii) Relationship. A self-petition filed by a child must be accompanied by evidence of citizenship of the United
States citizen or proof of the immigration status of the lawful permanent resident abuser. It must also be
accompanied by evidence of the relationship. Primary evidence of the relationship between:
(A) The self-petitioning child and an abusive biological mother is the self-petitioner's birth certificate issued by civil
authorities;
(B) A self-petitioning child who was born in wedlock and an abusive biological father is the child's birth certificate
issued by civil authorities, the marriage certificate of the child's parents, and evidence of legal termination of all
prior marriages, if any;
(C) A legitimated self-petitioning child and an abusive biological father is the child's birth certificate issued by civil
authorities, and evidence of the child's legitimation;
(D) A self-petitioning child who was born out of wedlock and an abusive biological father is the child's birth
certificate issued by civil authorities showing the father's name, and evidence that a bona fide parent-child
relationship has been established between the child and the parent;
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(E) A self-petitioning stepchild and an abusive stepparent is the child's birth certificate issued by civil authorities,
the marriage certificate of the child's parent and the stepparent showing marriage before the stepchild reached 18
years of age, and evidence of legal termination of all prior marriages of either parent, if any; and
(F) An adopted self-petitioning child and an abusive adoptive parent is an adoption decree showing that the
adoption took place before the child reached 16 years of age, and evidence that the child has been residing with and
in the legal custody of the abusive adoptive parent for at least 2 years.
(iii) Residence. One or more documents may be submitted showing that the self-petitioner and the abuser have
resided together in the United States. One or more documents may also be submitted showing that the selfpetitioner is residing in the United States when the self-petition is filed. Employment records, school records,
hospital or medical records, rental records, insurance policies, affidavits or any other type of relevant credible
evidence of residency may be submitted.
(iv) Abuse. Evidence of abuse may include, but is not limited to, reports and affidavits from police, judges and
other court officials, medical personnel, school officials, clergy, social workers, and other social service agency
personnel. Persons who have obtained an order of protection against the abuser or taken other legal steps to end the
abuse are strongly encouraged to submit copies of the relating legal documents. Evidence that the abuse victim
sought safe-haven in a battered women's shelter or similar refuge may be relevant, as may a combination of
documents such as a photograph of the visibly injured self-petitioner supported by affidavits. Other types of
credible relevant evidence will also be considered. Documentary proof of non-qualifying abuse may only be used to
establish a pattern of abuse and violence and to support a claim that qualifying abuse also occurred.
(v) Good moral character. Primary evidence of the self-petitioner's good moral character is the self-petitioner's
affidavit. The affidavit should be accompanied by a local police clearance or a state-issued criminal background
check from each locality or state in the United States in which the self-petitioner has resided for six or more months
during the 3-year period immediately preceding the filing of the self-petition. Self-petitioners who lived outside the
United States during this time should submit a police clearance, criminal background check, or similar report issued
by the appropriate authority in the foreign country in which he or she resided for six or more months during the 3year period immediately preceding the filing of the self-petition. If police clearances, criminal background checks,
or similar reports are not available for some or all locations, the self-petitioner may include an explanation and
submit other evidence with his or her affidavit. The Service will consider other credible evidence of good moral
character, such as affidavits from responsible persons who can knowledgeably attest to the self-petitioner's good
moral character. A child who is less than 14 years of age is presumed to be a person of good moral character and is
not required to submit affidavits of good moral character, police clearances, criminal background checks, or other
evidence of good moral character.
(vi) Extreme hardship. Evidence of extreme hardship may include affidavits, medical reports, protection orders and
other court documents, police reports, and other relevant credible evidence.
(3) Decision on and disposition of the petition-(i) Petition approved. If the self-petitioning child will apply for adjustment of status under section 245 of the Act,
the approved petition will be retained by the Service. If the self-petitioner will apply for an immigrant visa abroad,
the approved self-petition will be forwarded to the Department of State's National Visa Center.
(ii) Petition denied. If the self-petition is denied, the self-petitioner will be notified in writing of the reasons for the
denial and of the right to appeal the decision.
(4) Derivative beneficiaries. A child of a self-petitioning child is not eligible for derivative classification and must
have a petition filed on his or her behalf if seeking immigrant classification.
(5) Name change. If the self-petitioner's current name is different than the name shown on the documents, evidence
of the name change (such as the petitioner's marriage certificate, legal document showing the name change, or other
similar evidence) must accompany the self-petition.
(6) Prima facie determination.
(i) Upon receipt of a self-petition under paragraph (e)(1) of this section, the Service shall make a determination as to
whether the petition and the supporting documentation establish a "prima facie case" for purposes of 8 U.S.C. 1641,
as amended by section 501 of Public Law 104-208.
(ii) For purposes of paragraph (e)(6)(i) of this section, a prima facie case is established only if the petitioner submits
a completed Form I-360 and other evidence supporting all of the elements required of a self-petitioner in paragraph
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(e)(1) of this section. A finding of prima facie eligibility does not relieve the petitioner of the burden of providing
additional evidence in support of the petition and does not establish eligibility for the underlying petition.
(iii) If the Service determines that a petitioner has made a "prima facie case" the Service shall issue a Notice of
Prima Facie Case to the petitioner. Such Notice shall be valid until the Service either grants or denies the petition.
(iv) For purposes of adjudicating the petition submitted under paragraph (e)(1) of this section, a prima facie
determination:
(A) Shall not be considered evidence in support of the petition;
(B) Shall not be construed to make a determination of the credibility or probative value of any evidence submitted
along with that petition; and,
(C) Shall not relieve the self-petitioner of his or her burden of complying with all of the evidentiary requirements of
paragraph (e)(2) of this section.
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Appendix A: I-360 Self-Petition for Immigrant Survivors of Domestic Violence
Contents
Page
Introduction to the I-360 Self-Petition
Eligibility and Time Sensitive Matters
Self-Petitioning Step-by-Step
I-360 Flow Chart
100
101
102
103
105
109
Note: During the 2010-2011 school year, IFAP is not handling any I-360 self petitions. This
Appendix is included as a resource for your personal use, but does not need to be referenced in
working on your client’s U-Visa petition.
Introduction
As discussed in Section 1, the I-360 self-petition is a special way for immigrant survivors of domestic
violence to gain legal status in the United States without the participation or sponsorship of an abusive
family member or spouse. To qualify for this special exception, the self-petitioner must affirm in a sworn
statement called a declaration, that s/he is the child, spouse, former spouse or parent of a U.S. Citizen or
Lawful Permanent Resident, that s/he has suffered domestic abuse, and maintains good moral character.
With your help, the self-petitioner will prepare his or her declaration and gather supporting evidence
showing that s/he is eligible to self-petition.
IFAP clients have all been prescreened by the Northwest Immigrants Rights Project (NWIRP) for
eligibility under VAWA, but you should always double check to be sure they meet the criteria. Contact
the NWIRP with any questions about client eligibility.
The pages that follow contain the basic information you will need while working on your case. There is a
step-by-step filing instruction sheet, a summary of the Self-Petition process, directions on writing a
declaration, example documentation, and a sample self-petition packet and a checklist which you should
review before sending your client‘s information to the Vermont Service Center.
Please do not hesitate to call the attorneys at the Northwest Immigrants Rights Project if you have further
questions. You will find NWIRP attorney contact information included in this Section, and in the index.
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For all I-360 Self-Petitioner Applications:
 Write ―VAWA‖ in big red letters on the envelope and always send via certified mail, return








receipt.
Cover letter
G-28 Notice of Entry of Appearance
Completed Form I-360
Fee, or Fee Waiver Request
Proof of identity of Self-Petitioner
Supporting documentation
Birth Certificate of each (if any) derivative children
Certification of Translator (Recall that all foreign language documents must be translated into
English. The translator must certify that s/he is competent to translate and sign a statement
affirming this.)
If the abuser is a U.S. Citizen, also file:




I-485 Application for Adjustment of Status
G-325A Biographic Information
I-765 Application for Employment Authorization
4 Passport Photos (2 for the I-485, and 2 for the I-765) (See directions accompanying these forms
for specific directions on type of photos.)
 Include extra fee, or fee waiver
To find the status of your case, or address specific issues:
Visit www.uscis.gov and click on "Case Status and Processing Dates" or call the Vermont Attorney line
at (802) 527-4888. Please note that only the attorney of record may call, and the Service cannot provide
information unless the case is already on file.
Page | 101
ELIGIBILITY AND TIME SENSITIVE MATTERS
Who is eligible to self-petition?



Spouse and children who have been ―battered or subjected to extreme cruelty‖ by a U.S. citizen
(USC) or Lawful Permanent Resident (LPR) spouse or parent. (See Summary of I-360 SelfPetition Process for the definition of abuse under 8 C.F.R §204.2(c)(1)(vi), later in this section).
The parent of a child who has been abused by his/her USC/LPR parent, whether or not the
spouse has also been abused.
A battered spouse may include her/his children if they are younger than 21 years of age in the
petition whether or not the children themselves have been subjected to abused.
What must the self-petitioner show?
1.
2.
3.
4.
That s/he is a person of good moral character
That s/he entered into the marriage in good faith
That s/he is or was married to the USC/LPR within the past two years
That s/he has resided with the abuser
When can the self-petitioner file?


A battered immigrant may file a Self-Petition for up to two years after divorcing her/his abusive
USC or LPR spouse where the divorce is ―connected‖ to domestic violence.
A battered immigrant may file a Self-Petition for up to two years after her/his abuser is ordered
removed (deported) or loses his/her immigration status where the loss of status is ―related‖ to
domestic violence.
Time Sensitive Matters
The following situations necessitate immediate filing or a request for expedited approval of a SelfPetition:





Divorce: A battered immigrant may file a Self-Petition for up to two years after divorcing her/his
abuser where the divorce is ―connected‖ to domestic violence.
Relationship to Step-child: A Self-Petition for a step-child should be filed immediately where
divorce threatens to eliminate the relationship between the step-child and the step-parent.
Rescission of Abuser’s Status: A battered immigrant may file a Self-Petition for up to two years
after her/his abuser is ordered removed (deported) or loses his/her immigration status where the
loss of status is due to an incident of domestic violence.
Aging-Out: A Self-Petition for a child of a USC/LPR parent must be filed before that child turns
21 years of age in order for the child to be able to adjust her/his status based on the Self-Petition
at a later date. A child included in her/his parent‘s Self-Petition before that child turns 21 will be
allowed to adjust her/his status based on the Self-Petition even after that child turns 21.
Death of the Abuser (only if the abuser was a USC): If the USC abuser dies, the Self-Petition
must be filed within 2 years of the death of the abuser.
Page | 102
I-360 Self-Petitioning Process, Step-by-Step
Step 1: Filing the I-360
Submit the Form I-360 Self Petition, a G-28 Notice of Entry of Appearance as Attorney or
Representative, and supporting documentation with cover letter to Department of Homeland Security
Bureau of Citizenship and Immigration Services, Vermont Service Center, Adjudications Division.
If your client has an approved I-130 (an ordinary petition for alien relative) request that the Priority Date
from the I-130 be transferred to the I-360 at this time. The priority date is figured from the date of the
first filing of the I-130, and determines how soon a visa will become available for your client.
Step 2: Notice of Prima Facie Eligibility
Once USCIS receives your client's I-360, they will likely issue a Notice of Prima Facie Eligibility. In
Washington State, this allows a self-petitioner to obtain public benefits. Your client can go to the closest
DSHS office and request an assessment of her/his eligibility for benefits. Section 1 covers the basics of
public benefits available to IFAP clients, and you can find further information at www.lawhelp.org.
Step 3: Respond to Any Requests for Further Evidence
If USCIS wants additional evidence to adjudicate your client‘s I-360, they will send a Notice of Action
Request for Evidence indicating what type of evidence they need to adjudicate your client‘s case.
Although the notice should be particularized to your client‘s case, USCIS may request evidence you have
already provided. If this happens, in your response draw USCIS‘s attention to the evidence, clearly
explaining why that piece of evidence proves that particular element.
The notice will show that you have 60 days within which to submit additional evidence. If necessary, you
can request an additional 60 days within which to submit the evidence. When submitting a request for
additional time, explain in detail why you need the additional time. The Vermont Service Center must
receive the additional evidence no later than the 60th day. Pursuant to regulation, you will not be granted
more than 120 days within which to provide additional information.
Please note, if the USCIS requests additional evidence and you do not submit it, the agency will
adjudicate the self-petition based on what you have sent.
Step 4: Adjudication of Form I-360
USCIS will approve or deny your client's self-petition.
Step 5 A: If Approved
If approved, the Vermont Service Center will issue a Notice of Action Approval Notice. Although the
grant of Deferred Action is discretionary, the USCIS grants it routinely with every I-360 self-petition
approval unless there have been previous immigration violations.
Deferred Action status is valid for 12 months, after which time it may be renewed by writing a letter to
the Vermont Service Center. Otherwise it can be renewed automatically when renewing your client's
annual work authorization.
Upon receipt of the Approval Notice, confirm that the filing and priority dates listed on the Notice of
Approval are correct. If the dates are incorrect, write a letter to the Vermont Service Center pointing out
the error. Attach a copy of the Notice of Action to your letter.
Step 5 B: If Denied
Page | 103
Although the USCIS is not required to give notice of an intent to deny, it has, as a general rule, issued an
advance warning. The Notice of Intent to Deny details the agency‘s reasons and gives your client an
additional period of time, usually another 60 days, within which to present additional evidence or
arguments. Contact Northwest Immigrant Rights Project for technical support if you receive a Notice of
Intent to Deny.
If denied, the USCIS will issue your client a Notice of Action/Notice of Denial. Your client will have 30
days from the date of service (33 if mailed) within which to submit the Notice of Appeal to the
Administrative Appeals Unit (AAU). The necessary form and instructions are included with the Denial
Notice.
In some cases, it may be appropriate to file a Motion to Reopen or Reconsider with the Vermont Service
Center in lieu of an appeal with the AAU. Contact Northwest Immigrant Rights Project for technical
support in this case. Note that USCIS will generally not place your client in removal proceedings if the
Self-Petition is denied.
Step 6: Employment Authorization
Once your client‘s I-360 has been approved and s/he is granted deferred action status, s/he is eligible to
apply for an employment authorization document (EAD) or work permit pursuant to 8 C.F.R.
§274a.12(c)(14). To apply for and EAD your client must submit to the Vermont Service Center a
completed I-765, Application for Employment Authorization. (See Section 3 of this manual for more
information.)
Step 7: Adjustment of Status
Often, clients believe that an approved I-360 Self-Petition results in immediate lawful permanent resident
status. It is important for you to explain to your client that, unless her abuser was a USC, she is not
immediately eligible to adjust and the process of becoming a lawful permanent resident requires a second
step.
Getting an I-360 approved is the first step.
The second step of the process is filing and obtaining approval of an I-485 Application for Adjustment of
Status.
Whether or not your client is able to adjust immediately depends on several factors.
If your client is/was the spouse or is the child (unmarried and under the age of 21years) of a USC, s/he is
considered an immediate relative. An immediate relative who entered the U.S. with the permission of a
USCIS means s/he is eligible to adjust immediately.
Clients that fall into the following categories will have to wait for the priority date to be current before
filing and adjustment of status application:
-
Unmarried sons and daughters of USC over 21 years old
Spouses, children, and unmarried sons and daughters under 21 year old of LPR
NOTE: Married sons or daughters of LPRs cannot adjust status based on the relationship to the parent, so
advise your client or his/her derivatives about this if applicable. See the USCIS Visa Bulletin for your
client‘s priority date and, as always, contact NWIRP with questions.
Page | 104
Who is eligible to self-petition?






Covered in 8 USC §1154(a)(1)(A)(iii) and 8 CFR § 204.2
Spouse and children of USC, LPR or U.S. Nationals
o Children, before the age of 21
Parent of an abused child
o Even if parent has not been abused
Parent who is abused by adult USC son or daughter
Children may be included in petition
o Even if children have not been abused
Children includes step-children or adopted children
o But must file parent‘s petition prior to final divorce for step-children
What must the self-petitioner show?






Evidentiary standard is ―any credible evidence‖
Married to USC or LPR
o Need not be separated or divorced
Good faith marriage
o Abused children need not show parent‘s marriage was in good faith
Resided with the abuser in U.S. or abroad
o Same address
o No minimum time required
Physical Abuse or Extreme Mental Cruelty
Good moral character
o Assumed for children under 14 years old
Time Sensitive Matters




Divorce
o Up to two years after divorcing abuser
o There is a ―connection between‖ the divorce and domestic violence
o Step-child should file immediately because divorce will eliminate relationship with
abusive step-parent
Deportation: Rescission of Abuser‘s Status
o Up to two years after abuser ordered removed (deported) or loses immigration status
o Loss of status ―related to‖ domestic violence
Aging-Out
o Child of USC/LPR parent must file before age 21
 Allows child to adjust status at a later date
o Child included as a derivative in parent‘s Self-Petition before age 21 allowed to adjust
after age 21
 Different preference category, may have to wait
Death of USC abuser: may file within 2 years of death
Documenting the Self Petition: Evidence of Abuser’s Status as USC






Birth certificate
Baptismal record
Naturalization certificate
U.S. Passport
Voter registration card
Declaration
o Why believe spouse/parent is a USC
o Why you cannot present any of the documents listed above
Page | 105
Documenting the Self Petition: Evidence of Abuser’s Status as LPR





Lawful Resident Alien Card
o ―Green card‖
Alien registration number (A#)
o Request that USCIS verify status
Copies of visa petitions
o Employer or family based
Statement from client
o Include complete name of spouse/parent, date of birth, complete names of parents, their
places of birth and dates of birth
Declaration
o Why believes that spouse/parent is an LPR
o Why cannot present any other documents
Documenting the Self Petition: Good Faith Marriage





Marriage was not for the sole purpose of acquiring an immigration benefit
Marriage certificate or evidence of common law marriage
Divorce decree(s) or annulment papers
o Previous marriages of client and spouse
Bigamist
o Participated in a formal marriage ceremony
o Entered marriage in good faith
Children
o Birth certificate
o Step-children: marriage certificate of biological parent and step-parent
Evidence of Good Faith Marriage and Joint Residence – 8 CFR § 204(c)(2)(iii), (vii)
Good Faith Marriage
 Personal declaration with details of the marriage
 Photographs of wedding ceremony, invitation
 Birth certificates of children
 Rental/lease agreements
 Letter from the building owners/rental agency
 Joint bank statements, checks
 Joint tax returns or listing as dependent
 Photo identification with married name
 Membership applications with both names
 Life or health insurance polices
 Evidence of joint residence abroad
 Proof of joint vacations
Joint Residence
 Letters and cards between spouses or jointly addressed
 Statements from friends and neighbors
 Bills jointly addressed
 Employer statement of name change or change in emergency contact information
 Rent receipts
Special Cases in Joint Residence
 Need not reside with abuser when filing
 No minimum amount of time for living with abuser required
 If abuser is U.S. government employee or military may file a Self-Petition from abroad
Page | 106

If an immigrant is living abroad, may file a Self-Petition if at least one act of domestic
violence occurred in the U.S.
Page | 107
USCIS’s Definition of Battery and Extreme Cruelty
Found at 8 CFR § 204.2(c)(1)(vi)
DV includes:

Any act or threatened act of violence, including any forceful detention, which results or threatens
to result in physical or mental injury. Psychological or sexual abuse or exploitation, including
rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts
of violence. Other abusive actions may also be acts of violence under certain circumstances,
including acts that, in and of themselves, may not initially appear violence but that are a
part of an overall pattern of violence.
The qualifying abuse must:
o
o
Be perpetrated by the USC/LPR against the spouse or child, or parent (if abuser is adult
USC son or daughter).
Occur during the marriage (unless abuse is by adult USC son or daughter against parent).
Documenting the Self-Petition: Domestic Violence










Found at 8 CFR §204.2(c)(2)(iv)
Subjected to physical battering and/or extreme cruelty
Personal declaration
Court orders
Police incident reports
Hospital records
Photographs showing bruises or injury
Statements
o Domestic violence advocates and shelter staff
o Friends, family members, neighbors, classmates, teachers
o Witnesses of the domestic violence
Diary entries
Photographs or items damaged by the abuser
Documenting the Self Petition: Good Moral Character





Good Moral Character for 3 Years Prior to Petition
Addresses for past three years
Police clearance letter or background check
o Each residence for six months or more
o Washington: https://watch.wsp.wa.gov/
o If lived in different states: FBI background check
o If lived in different country refer to FAM: http://foia.state.gov/REGS/Search.asp
Declaration by Petitioner and other witnesses
o Describe attempts to obtain preferred evidence
o Explain inaccessibility of documents
Prior arrest and conviction does not bar Self-Petition if there is a connection to the abuse
Page | 108
Flow Chart for the I-360 Self-Petitioning Process
Step 1:
File I-360
Self-Petition
with
Vermont Service Center
[can file I-765 w /
application if filing I-485]
Step 2:
USCIS issues Notice
of Receipt
Step 3:
Note: Under
8 USC § 1367
the process is
confidential
and DHS
cannot rely on
information
given by
abuser or
provide any
information to
3rd parties
Vermont issues Notice of
Prima Facie Eligibility
(eligible for state and federal
public benefits)
OR
Step 3A:
Request for Evidence
OR
Step 3B:
File Response to
Request for Evidence
OR
Notice of Intent to Deny
or Notice of Denial
Rare (File
reconsideration/appeal)
Step 4:
Notice of Approval
includes grant of Deferred Action
(unless in removal proceedings)
Step 5:
File I-765 Employment
Authorization Application
with Vermont Service Center
[or EAD should be approved on or
before Step 4 if EAD filed in Step 1]
Step 6:
If eligible, file I-485 Adjustment
of Status Application
with Chicago Lockbox
Page | 109
§ Appendix A.1: Documenting the I-360 Self-Petition
Contents
Introduction to Documenting the I-360 Self-Petition
How to Write a Personal Declaration
for the Son or Daughter of a USC or LPR (English)
How to Write a Personal Declaration for the Spouse
of a USC or LPR or Parent of an Adult USC Son or Daughter (English)
How to Write a Letter of Support for Someone Filing a Self-Petition (English)
How to Write a Letter of Support for Someone Filing a Self-Petition (Spanish)
Page
110
111
112
113
114
115
116
116
117
117
Introduction
This section includes details on appropriate documentation of the Self-Petition, as well as directions for
your client as s/he prepares her/his personal declaration and gathers evidence and letters of support from
friends, family, and other community members who have agreed to provide testimony in support of
her/his case.
The records and supporting evidence you provide to the Vermont Service Center could make all the
difference to the outcome of your case. The more evidence you offer to support your client's claim the
better. Be creative and thorough and remember, any credible evidence is allowed to support the petition.
Examples and directions follow.
Page | 110
How to Write a Personal Declaration for the Son or Daughter of a
U.S. Citizen or Legal Permanent Resident
Your Personal Declaration is one of the most important documents that you will use to support your
immigration case. It is the true story, written by you, about your relationship with your United States
citizen (USC) or Lawful Permanent Resident (LPR) parent or step-parent. You will use it to show
Immigration why you are eligible for immigration assistance. This document also gives you a chance to
introduce yourself to the Immigration officer who will review your case and decide whether or not to
approve your Self-Petition.
Writing the declaration may be emotionally difficult for you. You have been through a lot and it may be
hard for you to sit down and talk or write about everything that has happened. Please ask for support if
you feel overwhelmed or find it hard to think clearly or continue to write. There may be times when you
will think that no one will believe you. You may be the only person who knows about a certain event.
You may have never told anyone or the person you told might not have believed you. But in this process
you are the most important source of information. The attorneys you are working with will believe you if
you are telling the truth. It is their job to help you convince the Immigration officer that your story is
true.
Convincing the officer that you are telling the truth is very important. One of the things this declaration
will be used for is determining whether you are credible. As a result, it is very important that you are
consistent. If you say that you lived at one address for three years but then submit information that
shows you lived at another place during that time, the Immigration officer may doubt whether they can
trust you on anything. Also, if you mention something like calling the police, you should either provide
evidence like a police report or explain why you cannot present the evidence. If you are not sure about
times, dates, places or names, do not make them up. You can just explain that you are not sure and give
an estimate.
Remember that everything you tell the attorney who is helping you will remain confidential unless you
give permission for them to share it. Even Immigration is not allowed to give out information about your
case to anyone else without an order from a judge.
At the beginning of your declaration you should introduce yourself. Give your name and date and place
of birth.
Please also include as much of the following information as possible:

How, when, and why you entered the United States, with whom you have lived since you
arrived, where and when.

When did you begin to live with your U.S citizen or LPR parent or stepparent in the United
States; how long did you live together, and where did you live.

How and when you and/or other members of your family have been abused, emotionally, and/or
physically, by your U.S. citizen or LPR parent or stepparent; when this abuse began and how you
felt about it. How other family members responded to this abuse; if few people, or no one else,
knew about the abuse, please explain why and what, if anything, made it difficult for you to tell
anyone.

Your fears for your own personal safety and that of other family members.
At the end, you must sign and date your declaration, and include the following phrase:
I affirm, under penalty of perjury, that all of the foregoing statements are true to the best of my
knowledge.
________________________________
Signature
___________________________
Date
Page | 111
How to Write a Personal Declaration for the Spouse of a U.S. Citizen or LPR,
or Parent of an Adult U.S. Citizen Son or Daughter
Your Personal Declaration is one of the most important documents that you will use to support your
immigration case. It is the true story, written by you, about your relationship with your United States
citizen (USC) or Lawful Permanent Resident (LPR) spouse, or your adult United States citizen (USC)
son or daughter. You will use it to show Immigration why you are eligible for immigration assistance.
Writing the declaration may be emotionally difficult for you. You have been through a lot and it may be
hard for you to sit down and talk or write about everything that has happened. Please ask for support if
you feel overwhelmed or find it hard to think clearly or continue to write.
There may be times when you will think that no one will believe you. You may be the only person who
knows about a certain event. You may have never told anyone or the person you told might not have
believed you. But in this process you are the most important source of information. The attorneys you
are working with will believe you if you are telling the truth. It is their job to help you convince the
Immigration officer that your story is true.
Convincing the officer that you are telling the truth is very important. One of the things this declaration
will be used for is determining whether you are credible. As a result, it is very important that you are
consistent. If you say that you lived at one address for three years but then submit information that
shows you lived at another place during that time the Immigration officer may doubt whether they can
trust you on anything. Also if you mention something like calling the police you should either submit
evidence like a police report or explain why you cannot procure that evidence. If you are not sure about
times, dates, places or names, do not make them up. You can just explain that you are not sure and give
an estimate. Remember that everything you tell the attorney who is helping you will remain confidential
unless you give permission for them to share it. Even Immigration is not allowed to give out information
about your case to anyone else without an order from a judge.
At the beginning of your declaration you should introduce yourself. Give your name and date and place
of birth.
Please also include as much of the following information as possible:

How you and your spouse met; how your relationship developed, why and when you decided to
get married, where and when you began living together; your plans about children; if your
marriage was arranged, explain how that was consistent with the practices of your and your
spouse‘s culture. If you are writing about your US citizen son or daughter explain when and
where your son or daughter was born; if not born in the United States, how he or she became a
US citizen

How and when you and/or other members of your family have been abused, emotionally, and/or
physically; when this abuse began and how you felt about it; what you did to get help and what
things made getting help more difficult.

How family members responded to this abuse; if few or no people knew about the abuse, please
explain why and what, if anything, made it difficult for you to tell.
At the end, you must sign and date your declaration, and include the following phrase:
I affirm, under penalty of perjury, that all of the foregoing statements are true to the best
of my knowledge.
______________________________________
Signature
___________________________
Date
Page | 112
How to Write a Letter of Support for Someone Filing a Self-Petition Under
the Violence Against Women Act (VAWA)
The letter of support does not have to be too long. We understand that many service providers may have
limitations on the amount of detail they may include. The most important thing is that the letter
demonstrates that your client/friend/family member talked to you about her/his experiences and that you
recognize that s/he has suffered domestic violence.
Things to include in the Letter of Support
Social service providers:





Your name, job title, where you work, and your address and phone number.
o Include as much of this information as you are comfortable providing.
Include how long you have worked at the agency and an estimate of the number of survivors
of domestic violence you have worked with in that time (if appropriate).
List the date you began providing services to this client and what services you and your
agency have been providing and continue to provide (referrals, counseling, support, etc.).
Then write about what you have learned about the abuse that s/he suffered. Provide as much
detail as you can.
Finally, before your signature write:
o I declare, under penalty of perjury, that the information contained in this declaration
is true to the best of my knowledge.
Friends and family:




Your name
Write down what your relationship is and when you met the person you are wring about.
Then write about what you have learned about the abuse that s/he suffered. Provide as much
detail as you can.
Finally, before your signature write:
Page | 113
Como escribir una Carta de Apoyo para una Petición-Propia bajo del Acta de
Violencia en Contra de Mujeres (VAWA)
Esta carta de apoyo no tiene que ser muy larga. Nosotros sabemos que hay ciertas limitaciones en la
cantidad de detalles que muchas profesionales que proveen servicios sociales pueden incluir en este tipo
de carta. Lo más importante es que la carta demuestra que su cliente/amiga(o)/pariente le contó de sus
experiencias y que usted reconoce que él/ella ha sufrido violencia doméstica.
Cosas que debe incluir en la Carta de Apoyo
Profesionales de servicios sociales:





Su nombre, título profesional, donde trabaja, y la dirección y número de teléfono del trabajo.
o Incluya tanta información como usted se sienta cómodo/a en proveer.
Incluye información sobre cuánto tiempo ha trabajado para la agencia y el número de
sobrevivientes de violencia doméstica ha servido durante este período de tiempo (si es
apropiado).
Anote la fecha en que empezó a proveer servicios a este/a cliente y cuáles servicios usted y
su agencia han proporcionado y siguen proporcionando (referidos, consejo, apoyo, etc.)
Escriba sobre lo que usted sabe del abuso doméstico que su cliente sufrió. Provea lo más
detalle que sea posible.
Al final, antes de la firma, escriba:
Amigos y familiares:




Su nombre
Escriba cuál es su relación y cuándo conoció a la persona de que está escribiendo.
Escriba sobre lo que usted sabe del abuso doméstico que su cliente sufrió. Provea lo más
detalle que sea posible.
Al final, antes de la firma, escriba las siguientes frases:
o I affirm, under penalty of perjury, that all of the foregoing statements are
true and correct to the best of my knowledge.
Declaro solemnemente, bajo la pena de perjurio, que todo lo anteriormente
escrito es la verdad a mi leal saber y entender.
Page | 114
To be eligible to self-petition, an individual must either be married or be the child of a USC or LPR. A
battered immigrant may file a Self-Petition for up to two years after the abuser is ordered removed or
loses his/her immigrant status where the loss of status is ―related‖ to domestic violence. See INA §§
204(a)(1)(A)(iii)-(iv) and 204(a)(1)(B)(ii)-(iii) and § 1503 of Title V of the Victims of Trafficking and
Violence Protection Act of 2000.
Ways that your client can prove that her/his parent/spouse is or was an LPR:





Present copy of the Lawful Resident Alien Card
Alien registration number of the abuser along with a request that USCIS verify this status.
If your client‘s abuser had ever filed a visa petition for her/him, and you have papers from
USCIS regarding this petition, submit copies of these papers. They may help to prove the
abuser‘s status
If your client firmly believes that her/his abuser is or was an LPR, but you don‘t have a copy
of the Lawful Resident Alien Card, or alien registration number or other documentation, you
should provide a statement from your client, including the complete name of your client‘s
spouse/parent, his/her date of birth, the complete names of his/her parents, their places of
birth and if possible, dates of birth. USCIS should be able to verify status from this
information.
If your client believes that the abuser is or was an LPR but is unable to provide proof of such
status, s/he may present a short detailed declaration in which s/he explains why s/he believes
this to be true and why s/he is unable to present documentation.
To prove that your client's spouse/parent is a USC you can present:





Birth certificate or baptismal record
A copy of his/her certification of naturalization
A copy of the abuser‘s passport
A copy of the abuser‘s voter registration card
If you cannot find any of the above, you can present a short declaration explaining why your
client believes that her/his spouse/parent is a USC and why you cannot present any of the
above listed documents.
Please Note: It is not uncommon for an individual to believe her spouse to be a USC/LPR when in fact
they are not. Be sure to discuss this with your client, asking the reasons why s/he believes her/his spouse
is a USC/LPR. You might ask your client when her/his spouse/parent got her/his status, how s/he got it,
whether your client ever saw immigration documents, or went to USCIS with the abuser. You could also
ask if your client‘s spouse ever applied for a job, filed tax returns, or traveled outside the U.S. and then
re-enter through customs.
It may be worthwhile for your client to file a Self-Petition and ask USCIS to verify the status of your
client‘s abuser. If USCIS is unable to verify the status or the abuser and the petition is denied, this will
not place your client in removal proceedings.
Page | 115
According to INA §§ 204(A)(1)(A)(iv)(I), 204(a)(1)(B)(ii), and 204(a)(1)(B)(iii)(I), a self-petitioner must
establish that s/he was subjected to physical battering and/or extreme cruelty by her/his USC or LPR
spouse or parent
There are many different ways to show abuse. The following is a list of possibilities:








Personal declaration of self-petitioner
Court order, such as civil protection order, criminal no contact order
Police incident report(s) of abuse
Hospital records, even if your client did not reveal the cause of the injury to the health care
worker
Photos showing injury, or broken items, or physical or property damage from abuse
Statements from domestic violence advocates and shelter staff who provided resources to
your client
Diary entries made near time of abuse
This is not a complete list. Use your imagination!
Under INA §§ 204 (a)(1)(A)(iii)(I) and 204(a)(1)(B)(ii), a self-petitioning spouse must demonstrate that
s/he married her/his spouse in good faith, meaning the couple must not have married with the sole
purpose of acquiring an immigration benefit. If your client is the child of an abusive USC or LPR, s/he
does not have to prove this element, but s/he will have to establish that s/he is the child of that parent.
To show your client's legal relationship to her/his abuser, you must present the following:




Marriage certificate
If your client or your client's spouse had been married before, you will need to present the
divorce decree(s) and/or annulment papers terminating the previous marriages of both your
client and/or client's spouse. Please note that an abused spouse who did not know that s/he
married a bigamist can file a Self-Petition if s/he can show that s/he participated in a formal
marriage ceremony with the abuser, and that s/he can otherwise establish that the marriage
was made in good faith and is solely not legitimate because of the abuser‘s bigamy.
If your client is the child of an abusive LPR or USC, you will need to present the client‘s
birth certificate.
If your client is a step-child, you will need to present your client‘s birth certificate and the
marriage certificate for her/his parent and step-parent.
There are several ways to show good faith marriage. Present as many of these as possible:









Personal declaration of the client
Photos of the couple‘s wedding, vacations, or other events
Birth certificates of children born to the couple
Proof of joint ownership of property, joint leases, income tax returns, bank accounts or other
financial information.
Joint memberships to clubs, video stores, or other establishments
Life or health insurance for the couple
Cards or letters exchanged
Any legal document with both names
This is not a complete list. Use your imagination!
Page | 116
Self-petitioners who are 14 years of age or older must show they have been persons of good moral
character for the three years immediately preceding the date of filing the Self-Petition. See INA §§
204(a)(1)(A)(iii)-(iv) and 204(1)(B)(ii)-(iii). If your client has been arrested at any time, even if the
criminal activity did not result in a conviction, the history can cause problems for a client's immigration
status.
Criminal history does not necessarily mean that your client will unable to self-petition, however.
The Victims of Trafficking and Violence Protection Act of 2000 and 2005 created certain waivers for
criminal convictions such as failure to comply with a prior removal order as a bar to establishing good
moral character (see INA § 101(f)(3). In cases where past behavior may have been the result of force or
coercion by the client‘s abuser, it is important to document this as fully as possible in your client‘s
declaration.
Admissions to crimes of moral turpitude and certain drug crimes will bar the VAWA petition.
Aggravated felonies will also constitute grounds for denial. (See INA §§ 237(A)(1)(G) and (a)(3)). Other
crimes which will cause problems include prostitution, drug trafficking, security grounds of
inadmissibility, violations of protection orders and false claims to citizenship (see INA § 240(A)(b)(2)).
If you are concerned about demonstrating good moral character for your client, contact the Northwest
Immigrant Rights Project.
Currently, the Vermont Service Center requests the following as evidence of good moral character:


A list of addresses that the self-petitioner has had for the three years prior to the filing of the
Self-Petition. If, however, the priority date of a previously filed and pending I-130 petition will
be transferred to the Self-Petition, USCIS requires a list of addresses for the three years prior tot
that priority date.
A police clearance letter or background check for each of the places in which the Self- Petitioner
has resided for six months or more during this three-year time period.
If necessary, a declaration by the self-petitioner and, ideally, other witnesses may be considered
acceptable evidence of good moral character in lieu of the police clearance letter(s). It is strongly
recommended that the petitioner describe her/his attempts to obtain the preferred evidence, or otherwise
explain their inaccessibility.
Under INA §§ 204(a)(1)(A)(iii)-(iv) and 204(a)(1)(B)(ii)-(iii) and § 1503 of Title V of the Victims of
Trafficking and Violence Protection Act of 2000, a self-petitioner must establish that s/he lived with
her/his abusive spouse/parent either in the U.S. or abroad.
Special Circumstances
A battered immigrant living abroad abused by her/his USC/LPR spouse or parent, who is a member of
the U.S. uniformed services will be able to file a Self-Petition from abroad.
Any battered immigrant abused by a USC/LPR spouse or parent who is living abroad may file a SelfPetition so long as one or more of the incidents of battering or extreme cruelty occurred in the U.S.
Your client does not have to be residing with her/his spouse/parent at the time s/he files, and there is no
minimum amount of time for which s/he must have lived together with the abuser. USCIS does not need
extensive evidence that the couple resided together. All evidence listed below also demonstrates that your
client entered into his her marriage in good faith.
Page | 117
You can submit, among other things, the following:






Personal declaration of the Self-Petitioner
Letters from others, such as neighbors, friends or relatives stating that the couple resided
together
Letters addressed to the couple at the same address
Rental agreements
Documents from an apartment manager
Bank statements, bills or checks with both names
Page | 118
§ Appendix A.2: I-360 Sample Packet
Contents
Page
Introduction to the I-360 Sample Packet
Link for Form I-360 and Form G-28 Notice of Entry of Appearance
119
120
127
130
Introduction
This segment of the manual contains examples of the documents which each VAWA packet should
include.
You should not copy any of the information word for word. These pages are provided as guides and
templates only.
Before sending your I-360 packet, you should review the checklist at the start of this section to be sure all
necessary forms and evidence are included.
When the application packet is complete, write "VAWA" in large red letters on the front of the envelope
and send, via certified mail, to the Vermont Service Center.
USCIS - Vermont Service Center
Attn: VAWA
Page | 119
DATE
Attn: Family Services Product Line (VAWA)
Via Certified Mail
RE: CLIENT
CLIENT’S A# XXX
FORM I-360 SELF-PETITION FOR SPOUSE OF ABUSIVE UNITED STATES CITIZEN/LPR
AND SUPPORTING DOCUMENTS
To Whom It May Concern:
Enclosed, please find evidence in support of CLIENT‘S NAME Form I-360 Self-Petition. CLIENT is
the ex-spouse of an abusive United States citizen, HUSBAND‘S NAME. Their divorce was finalized on
[DATE].
CLIENT met her husband, HUSBAND on [DATE], while visiting her brother in Seattle. He was very
kind to CLIENT at first and they enjoyed spending time together. After CLIENT went back to Mexico
they kept in touch and the relationship continued. He went to visit her in Mexico and after some time,
they decided to get married and had a wedding in Mexico on [cite the record, see marriage certificate].
CLIENT entered the United States on [DATE, i.e., April 12, 200X].
After CLIENT arrived in the U.S., HUSBAND became increasingly abusive. He began to yell at her and
call her names. On several occasions, HUSBAND spat at CLIENT, threw things, and threatened her with
deportation.
CLIENT filed for an Order of Protection, which HUSBAND opposed after hiring an attorney. CLIENT
submitted numerous declarations in support of the protection order and it was finally issued [DATE, cite
the record, see copy of order].
CLIENT has left her abusive marriage and has been able to gain stability. Immigration status is key to
her independence.
Enclosed please find an index of the supporting documents for the CLIENT‘s self petition and all of the
referenced documents.
Thank you for your immediate attention to this matter. On behalf of our client, I look forward to your
response at your earliest convenience.
Sincerely,
[Attorney Name and Phone Number]
Page | 120
Index of supporting documents for the Self-Petition on Form I-360
for Jane DOE ADAMS, AXXX XXXXXX
Exhibit
1
Document
1 Declaration of Jane Doe Adams
Good Faith
Marriage to
U.S. Citizen
Battery or
Extreme
Mental
Cruelty
Joint
Residence
Applicant
(& family
member)
information
X
X
X
X
2
Copy of U.S. Passport of John James Peters
X
3
King County Certificate of Marriage of John James Peters and Jane
Patricia Doe
X
4
Copy of Certificate of Live Birth of Bob Doe Peters, child of Jane
Patricia Doe Adams and John James Peters
X
X
X
5
Copy of Letter from John Peters, dated July 24, 2006, confirming
daily phone calls to Jane Patricia Doe Adams
X
6
Copy of Affidavit of Intent to Marry of John James Peters, with
attached G-325A and list of prior marriages and divorces for Mr.
Peters, dated July 24, 2006, and Washington Court Search results
X
7
Copy of Engagement Ring Appraisal, dated March 24, 2006,
showing engagement ring with value of $2200.00.
X
X
Page | 121
Exhibit
Battery or
Extreme
Mental
Cruelty
Document
Good Faith
Marriage to
U.S. Citizen
8
Letter from XXXX, manager of ―XXXXX‖ match agency,
confirming registry of Jane Doe with agency, and agency match with
Mr. Peters.
X
9
E-mail from Mr. Peters to Ms. Doe Adams, dated July 16, 2006,
discussing his love for her and his wish to see her son‘s father allow
her son to join them in the U.S.
X
10
Copy of Hotel Receipts for Hotels located in Colombia, with rooms
registered to John Peters, during various stays from July 2006 to
August 2006
X
11
Flight itineraries and tickets for John Peters, showing flights to
Colombia on dates ranging from July 2006 to September 2006
X
12
Copy of letter from Jane Doe Adams, dated May 8, 2007,
authorizing John James Peters to bring her son, Jim Doe Adams to
Seattle, Washington with him on May 11, 2007 to reside with the
couple.
X
X
13
Copy of Liberty Northwest insurance card, issued to John Peters and
Jane P Adams Doe at Washington State P.O. Box.
X
X
Joint
Residence
Applicant
(& family
member)
information
Page | 122
Exhibit
Document
Good Faith
Marriage to
U.S. Citizen
Battery or
Extreme
Mental
Cruelty
Joint
Residence
15
Copy of Geico Insurance card, issued jointly to John S. Peters and
Jane Doe Adams, valid from July 2007 to January 2008.
X
X
16
Copy of Travelocity Receipt for John James Peters, listing address
as XXXX, Federal Way, WA 98003, for trip to Colombia in May
2007 to pick up Mr. Doe‘s son, Jim Doe Adams, also listed.
X
X
17
Copy of Washington Driver‘s License for Jane Doe Adams, showing
address as XXXX, same address as John James Peters, in exhibit 16
above, issued XXX 2007.
X
X
18
Copy of Wells Fargo Account Statement and envelope for Jane Doe
Adams, showing address as XXXX Federal Way, WA 98003 (same
as John Peters‘s in exhibit 16 above).
X
X
Copies of Photographs and accompanying descriptions of courtship
and marriage of John James Peters and Jane Doe Adams
X
Copy of Federal Way Police Report, for Domestic Violence Assault
of Jane Doe by John Peters, dated September 19, 2007, listing the
couple‘s address as XXXX, Federal Way, WA, and detailing
physical assault
X
19
20
X
Applicant
(& family
member)
information
X
Page | 123
Exhibit
Document
Good Faith
Marriage to
U.S. Citizen
Battery or
Extreme
Mental
Cruelty
Joint
Residence
21
Federal Way Department of Public Safety Property/Evidence
Report, listing firearms confiscated from John Peters on September
XXX 2007, date of assault of Mr. Doe
X
22
Fife Jail Inmate Booking From for John James Peters, dated XXX
19, 2007, arrested for Assault 4
X
23
Federal Way Municipal Court Recall of No Contact Order, dated
XXXX 16, 2007, for No Contact Order protecting Jane Doe Adams
from John Peters
X
X
X
25
Federal Way Police Department Deputy Supplemental Report,
XXXX, 2008, in which Deputy describes past visits to home of John
Peters following his wife‘s departure, and his attempts to locate her.
X
X
X
26
King County Superior Court Temporary Order for Protection of Jane
Doe, Jim Doe, and Bob Doe Peters, against John Peters, dated
XXXX, 2009.
X
27
King County Superior Court Order for Protection – Domestic
Violence, for protection of Jane Doe, Jim Doe, and Bob Doe Peters,
against John Peters, dated XXX 5, 2009, in place until XXXX 5,
2010.
X
Applicant
(& family
member)
information
Page | 124
Exhibit
Document
Good Faith
Marriage to
U.S. Citizen
Battery or
Extreme
Mental
Cruelty
Joint
Residence
X
X
X
Applicant
(& family
member)
information
28
Copy of E-mails from John James Peters to Jane Doe, dating from
XXX , 2008, the day after she left him due to continued abuse, to
XXXX , 2008, the day he attempted suicide.
29
Copy of letter verifying Ms. Doe‘s stay at DAWN‘s House,
domestic violence shelter run by Domestic Abuse Women‘s
Network, beginning on XXXX, 2008.
30
Letter of Support from XXXX, friend and former neighbor of Ms.
Doe.
X
X
X
31
Letter of Support from XXXX and XXXX, friends and former
neighbors of Ms. Doe.
X
X
X
32
Letter of Support from XXXX, domestic violence counselor at
Consejo Counseling and Referral Services
X
X
X
33
Copy of Ms. Doe‘s birth certificate, with certified translation
X
34
Copy of Ms. Doe‘s passport identity page and K-1 visa,
showing stamps indicating her last date of arrival in the U.S.
X
35
Copy of Ms. Doe‘s most recent Arrival/Departure Record on
Form I-94
X
X
Page | 125
Exhibit
Document
Good Faith
Marriage to
U.S. Citizen
Battery or
Extreme
Mental
Cruelty
Joint
Residence
Applicant
(& family
member)
information
36
Copy of Jim Doe‘s (son of Ms. Doe) birth certificate, with
certified translation
X
37
Copy of Jim passport identity page, and K-2 visa, showing
stamps indicating his last date of arrival in the U.S.
X
38
Copy of Jim‘s most recent Arrival/Departure Record on Form
I-94
X
39
Certification from Colombian Government, showing no
criminal antecedents for Ms. Doe Adams
X
40
Copy of Washington Access to Criminal History Report for
Jane Doe Adams, with various iterations of her name, showing
no criminal history in Washington State
X
Page | 126
1. My name is Juana Doe. I was born on April 17, 1981, in Santa Cruz, Bolivia. Please
contact me though my attorney, Jane Justice, of the Northwest Immigrant Rights
Project at (206) 587-4009.
2. I met my husband, John Doe, in an online chat room some time in May 2005. At the
time, I was working for XYZ Corporation as a customer service representative in La
Paz, and chat was one way of communicating with my mother and brothers who lived
in Santa Cruz.
3. John started the conversation by typing hello, asking me how old I was, and where I
lived. He also told me his age and where he lived. I told him that I was waiting for my
mother to get online to chat. Our conversation started from there. John started talking
first. He told me about his family. I remember being impressed with how close he
was to his family. He told me that although he had never been married he had three
children and they were his "buddies".
4. I also told John about my life. I told him that I am my mother's eldest child, and only
daughter. We kept chatting on line like this for a bit. Then he told me he could turn
on his webcam, but that he was afraid that I might get scared and would not want to
talk to him any more. I told him that I would love to see him through his webcam.
When he turned it on I saw a man with the most beautiful eyes I'd ever seen. He asked
if he could see me too but I didn't have a webcam, so I offered to send pictures.
5. We chatted several more times, and I decided to give John my phone number. From
that time, we talked on the phone often. We talked about everything, his children, his
closeness to them, this was the sweetest thing to me, it swept me off my feet. I
remember just talking about him constantly with my friends, and family. They never
really took me seriously. They would tell me that, even if he does like me and decides
to come see me, it might take years for that to happen.
6. After about two months of talking on the phone, John surprised me by saying he was
planning to come visit Bolivia to meet me, and he had already applied for a passport.
7. I was delighted when he arrived. I introduced him to everyone, all my friends and
family. We visited malls and beaches and had a great time together. It was one of the
best times of my life.
8. After he went back to the States, he would call me every day, sometimes twice a day,
just to see how I was doing. I thought he was being really sweet to me. Sometimes
though, he would get very upset if I did not go online on time. I should have seen this
as a warning sign of his bad temper, but I thought he just missed me. He made me
feel special, I was swept away.
9. We exchanged "I love you notes" online and sent teddy bears and gifts in the mail. He
told me I should come to stay with him in the States, that my life would be much
better there with him. In our relationship, everything moved very quickly; now I
realize that. Soon John asked me to marry him, and I said yes. He applied for a K-1
visa for me within 10 months of our meeting online.
10. I arrived in SeaTac International Airport in December 2005. John picked me up, took
me to his house and introduced me to his pit bulls. I remember being very scared. The
Page | 127
dogs were too big and barked really loud. The other first impression that I still
remember is that the hose was very messy. The two dogs lived inside and there was
dog hair, dog pee and other things everywhere. His house was full of dirty dishes,
leftover rotten pizza, dirty laundry, bugs and roaches and funny smells.
11. Our relationship changed very soon after I arrived. John worked all the time installing
drywall to pay child support for his ex-girlfriends and 3 children. He did not like it
when I left the house or tried to make friends or connections in my new home. He did
not even give me a key to the house. He told me that if I ever had to leave the house
because of an emergency, I should lock all the doors and wait for him to return to let
me back in.
12. I tried to understand his controlling manner, and the fact that he was never home, but
things just got worse. John was constantly stressed about money and work. He never
said a kind word to me anymore. He usually came home angry because of something
at work, on these occasions; he would yet at me although I had done nothing to upset
him.
13. John began to behave this way more and more often. He would sometimes call me
names like "mail order bride" or "whore". Other times, he forced me to have sex
when I was suffering from menstrual cramps. He began doing this right after I
arrived. I said no many times, but he did not care.
14. I felt like a prisoner. When John forgot my birthday on February 7th, I finally told him
I wanted to leave. He told me that if I left I could never be able to come back to the
United States, never. I called him a liar. He grabbed my hair and pushed me onto the
ground and hit my head against the floor. I was in so much pain and shock I couldn't
think what to do. He had never hit me before.
15. Days and weeks passed. Four days before the expiration of my ninety day period to
get married, John asked me again if I want to marry him. At this point, I felt like I had
no choice, I was too ashamed to go home to my family in Bolivia. I said yes, or else I
wouldn‘t have come all this way.
16. After the wedding, things were ok for a while. I had gotten used to the situation. I
thought things would be okay. I was trying to learn how to avoid his anger. But things
changed. One day when I was doing laundry he told me that when I washed our
clothes, I should hang them to dry. It was summer and hot so I completely
understood. I hung his shirts and pants outside to dry. I didn't realize that the dogs
peed on his work pants. He called me from work yelling and screaming at me telling
me than I am worthless as a wife. I was so angry and frustrated that I told him that he
should do his own laundry. He got very mad and hung up the phone. He drove back
home and started fighting with me. He grabbed my hair again. I cried for him to let go
of my hair. That it hurt. He did let go. I told him that if he hurt me again I would call
the police. When I said this, he grabbed my face with his hands and held it so tight
that I though the bones in my face would break. He told me that if he went to jail, I
would too. He said that I would be sent to a different jail because they will find out
that I am not a citizen and will deport me. He said if he goes to jail again for battery, I
will not be able to get my green card. He showed me all his court papers. I saw that
he had assaulted many of his ex-girlfriends; I was so scared to report him. I did not
know what to do.
17. I tried to make John happy, but I could never please him. Whatever I did just made
him angry with me. I felt it was so unfair to be treated like a prisoner, a slave in this
country where I had no one and knew of no place to go. I wanted many times to
Page | 128
return home to Bolivia. But I felt so ashamed of what others would think and what
disgrace my family would have to face because of me. In my culture, divorce is
shameful and bad.
18. But things got progressively worse. He started treating me so badly that I learned to
be okay not seeing him all day. One day, I told him that I needed to get a job so I
could have something to do and to make some money. He got mad, pushed me and
said I should not be adding stress to his life, that I should just do what I am supposed
to do. I cried and told him that I was unhappy with the marriage. He again grabbed
my face with his hands and squeezed it really tight. He asked me if I want to go back
to Bolivia. I struggled to get out of his grip and said yes, I want to get out of this
hellish life. John told me he could find another Bolivian woman just like me and
bought me a one-way ticket home.
19. He dropped me at the airport, but I didn‘t leave. I called Melina, the one friend I had
made in the U.S., and she told me the Northwest Immigrant Rights Project could help
with immigration papers.
20. Since my separation, I have made friends, and learned to take care of myself. I got a
job and work very hard and am proud of what I do. I even send money home to my
family to help support my brothers and they are very proud of me. If given the
opportunity, I would love to go to school so I can give more to my community and to
this country.
I, Juana Doe, declare under penalty of perjury that all of the foregoing statements are true to
_______________________________________
Name
___________________
Date
Page | 129
Link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgne
xtoid=95be2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9
010VgnVCM10000045f3d6a1RCRD
Go to www.uscis.gov
Scroll down to ―Petition for Amerasian, Widow(er), or Special Immigrant‖
G-28 – Form
Link:
xtoid=44bd4154d7b3d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9
Go to www.uscis.gov
Scroll down to ―Notice of Entry of Appearance as Attorney or Representative‖
Page | 130
Appendix B: The I-751 Waiver of Joint Filing Requirement
Contents
Page
Introduction to the Waiver of joint Filing Requirement, Form I-751
I-751 Checklist
Eligibility and Application Process
Sample Cover Letter for Form I-751 Waiver of Joint Filing Requirement
Form I-751
131
132
133
136
138
Note: During the 2010-2011 school year, IFAP is not handling any I-751 applications
or I-360 self petitions. This Appendix applies to I-751 applications and thus is only
included as a resource for your personal use. It does not need to be referenced in
Introduction
To protect against marriage fraud, an individual who receives legal status as a result of a
marriage less than two years old must file an application called a ‗joint petition‘ before
becoming a full-fledged Lawful Permanent Resident. Until this application is filed, that
person‘s legal status is ―conditional‖ – dependant on the continuation of the marriage. There
is a two year wait time before the couple may file to remove this conditional status. Usually,
the couple is required to do this together and they may be interviewed to make sure they are
still a married couple, and that the marriage was not entered solely for the purpose of
obtaining immigration benefits.
The I-751 Waiver of Joint Petition is an exception to this requirement. It is intended for
immigrants whose spouses have initially cooperated in helping them obtain lawful permanent
residence, but who cannot or will not help them complete the process due to abuse, divorce or
death.
This segment of the manual explains when and how to use this exception and provides sample
documentation, as well as an I-751 form, a sample cover letter, and a checklist.
Page | 131
Forms and Fee
 Form I-751 Request for Waiver of Joint Filing Requirement
 Form G-28 Notice of Entry of Appearance, signed by attorney
 Proper Fee for filing and biometric services.
o
o
As of October 5, 2010, the filing fee is $465 (plus $80 biometric service fee)
Call 1-800-375-5283 or visit www.uscis.gov for current fee
Documentation and Evidence of Status
 Copies of conditional resident cards for petitioner and any children
 Evidence of:
o
Marriage in good faith and
 Evidence of termination of marriage and/or
 Evidence of abuse, such as police reports or letters of support and/or
 Evidence that petitioner would suffer extreme hardship if returned to
country of origin
 Declaration of client
o Section 2 and Appendix A for sample declarations
o The I-751 declaration should include a detailed description of abuse, and/or
the basis of claim for extreme hardship, and/or death of the client‘s spouse
 Death certificate of deceased spouse, when applicable
 Letters of Support
Cover letter, including:



Description of contents of application packet
Explanation of the reason for requesting the waiver due to divorce, physical abuse,
extreme cruelty, or threat of extreme hardship if returned to country of origin
If filing after the expiration of the petitioner‘s conditional residency, explain the
connection between the abuse and the late filing, or that the delay was due to
―extraordinary circumstances beyond your control and that the length of delay was
reasonable.‖ 4
Photos


USCIS no longer requires photos of the applicant in the initial I-751 packet.
o USCIS will notify the applicant in writing of an appointment to take these
photos, along with fingerprints.
If living overseas, the Self-Petitioner must submit: two standard passport-style photos
taken within 30 days of submission of the petition. Photos should be 2x2 with white
background. Print name and A# on back of photos.
o See instructions on form I-751 for supplying finger prints if Self-Petitioner is
applying from outside the country.
Certification of Translator

Recall that all foreign language documents must be translated into English. The
translator must certify that s/he is competent to translate and sign a statement
affirming this. IFAP will provide translators and translations where necessary.
See Working with Interpreters, Section 1.2.
Submitting the Application

Filing address differs based on client‘s location. Check www.uscis.gov for address.
I-751 Waiver of Joint Petition: Eligibility and Application Process
4
See DSHS Directions accompanying form I-751
Page | 132
Non-citizens who are granted lawful immigration status through their marriage and
who have been married to a USC or LPR for less than two years are considered
conditional residents.
Conditional residents usually file a joint petition with their spouse two years after
receiving their status in order to adjust from being a conditional resident to being a
lawful permanent resident. Ordinarily, this requires the signature of the USC or LPR
spouse.
In certain cases however, a conditional resident may apply to waive this requirement.
This may be done through an I-751 waiver of joint petition.
What is conditional residence?
Conditional residence is the immigration status granted to an immigrant who has been
married to a USC for less than two years at the time USCIS makes the decision to
approve the temporary green card. The immigrant spouse will be a conditional
resident for two years from the time conditional residence is granted.
What rights does a conditional resident have?
A conditional resident can live in the U.S., work in the U.S., and travel outside of the
U.S. There are certain reasons that USCIS may terminate a conditional resident‘s
status; for example, if a conditional resident is convicted of certain crimes. If your
client has ever been arrested, it is crucial that you discuss this with your legal
representative or with the attorneys at NWIRP.
How do I remove the conditions on residence?
Ordinarily, within 90 days of expiration of the conditional green card, the immigrant
spouse and the USC spouse must together file an application with the USCIS to
remove the conditions on the immigrant spouse‘s residence.
With the I-751 however, the conditional resident may file without the help or
knowledge of her spouse. To qualify for the waiver, the conditional resident must
meet at least one of the four criteria described below.
Requirements for the I-751 Waiver
1. Client entered the marriage in good faith, but the marriage was terminated
by divorce or annulment. The divorce must be final.
2. Client entered the marriage in good faith, but was subjected to physical
battering and/or extreme mental cruelty.
3. Client, or her spouse or child, would suffer extreme hardship if she
returned to her country of origin.
4. Client married in good faith, but her spouse has died.
Proving Good Faith
To establish good faith marriage, you should produce as much evidence as possible.
Any credible evidence will be accepted. A few examples follow. For a more extensive
list of suggested evidence, see Appendix A, Documenting the Self-Petition.
 A declaration describing in great detail how the client met her spouse, why
they married, and the feelings that that had/have towards each other
Page | 133




Birth certificates of any children from the marriage
Wedding pictures or photographs of other moments shared by the couple
Declarations from people who know your client and her former spouse
affirming that the marriage was based on sentimental or cultural ties
Any other documents establishing that your client married for reasons
other than immigration status
Proving Termination of Marriage
Your client must include a document – in most cases, this would mean a copy of the
order from a judge – that shows the marriage has been terminated either through:
 Divorce
 Death
 Annulment
Proof of Battery or Extreme Mental Cruelty
There are many ways to show that your client has suffered abuse. The following is a
short list of possibilities.
See Appendix A, Documenting the Self-Petition, for more examples.

The client's declaration should explain her maltreatment or the maltreatment
of her children in detail. Include incidents of physical abuse, descriptions of
injuries, as well as dates and times whenever possible. Threats of deportation,
separation from children, death, injury to the client directly, or to someone she
knows can all be evidence of abuse.

If the spouse has made sexual demands of your client, denied her economic
support, kept her isolated, or engaged in any other behavior that caused your
client to fear for her own safety or someone else‘s, this should appear in the
declaration. Encourage your client to write about how it made her feel when
the spouse threatened, hit, insulted or in any other way tried to control her. All
of this will serve as evidence of abuse.

If there are others who know of the maltreatment, those people should submit
letters as well. If others are not available to write in support of your client, the
client‘s declaration should explain why this is so.

If, at any time, your client called the police or the police intervened in a
conflict, get the police report. Police reports are public records.

Past or present restraining orders or no contact orders.

Medical reports showing emotional or physical abuse or harm, whether or not
your client told the truth about why she needed the medical attention.

Proof that your client or her children attended a support group for survivors of
domestic violence, or saw a mental health professional. Letters of support or
confirmation from these sources strengthen the client‘s case.
Proof of Extreme Hardship upon Deportation
One way to show eligibility for an I-751 waiver is to demonstrate that the client
would suffer extreme hardship if returned to her country of origin. The USCIS
requires that the petitioner show that this hardship would be ―significantly greater
Page | 134
than the hardship encountered by other aliens who are removed from this country
after extended stays.‖ The following may be helpful in meeting this requirement.

Your client might demonstrate that loss of access to United States courts
would bring harmful consequences.

A showing of ongoing need for social, medical, mental health or other
supportive services.

Evidence of the existence of laws, social practices, or customs in her country
that would punish her or her children for having been a victim of abuse,
leaving the marriage, or taking actions to stop the abuse.

The abuser‘s ability to travel to the foreign country and the likelihood that the
abuser‘s family, friends, or others would harm her.

If others know about what would happen if the client is returned to her country
of origin, you should present letters from these individuals as well.
What your client can expect once the I-751 is submitted
 Notice of receipt of the I-751 waiver application will extend conditional
resident status for one year.
 Your client may work, and travel outside the U.S. during that time.
 She should expect USCIS to contact her near the end of that year with a
request for an interview, and be prepared to answer questions about her
marriage. USCIS will then decide whether to remove the conditions on
residence, granting her LPR status.
All documents must be submitted in English
IFAP will provide interpreters and translators when necessary for declarations and
supporting evidence. (See Section 1, Working with an Interpreter)
Remember: Send all documents to USCIS via certified mail for proof of receipt.
Important: Within 10 days of moving, your client must inform USCIS, via
certified mail, of any change of address.
Sample Cover Letter for Form I-751 Waiver of Joint Filing Requirement
Page | 135
DATE
USCIS California Service Center
P.O. Box 10751
Laguna Niguel, CA 92607-1075
Via Certified Mail
RE: [Client Name] A#
Request for Waiver of Joint Filing Requirement of Petition to Remove
Conditions on Residence
Enclosed, please find a request for a waiver of the joint filing requirement of the
Petition to Remove Conditions on Residence (Form I-751) for Ms. XX XXX and her
two children XX XXX and XX XXX. Ms. XXX and her children‘s conditional
residence originally expired on August 21, 200X. We respectfully request that the
District Director use its discretion to excuse the late filing, as it is a direct result of the
abuse perpetrated against Ms. XXX by her United States citizen ex-husband XX
XXX. [include applicable reason for late filing]
[Include several paragraphs here detailing the grounds for the claim]
Ms. XXX married her husband in Vietnam, on September 22, 200X. Ms. XXX and
her children entered the United States on August 21, 200X. During their marriage,
Ms. XXX‘s husband subjected her to physical battering and extreme mental cruelty.
Ms. XXX called the police on December 26, 200X, after a particularly violent
incident in which Mr. XXX viciously attacked her and beat her with a closed fist.
Shortly thereafter, the couple separated and since then, Ms. XXX has been working
hard to create a life free of violence for herself and her children.
M. XXX‘s husband submitted the Form I-751 for Ms. XXX and her children before
the expiration of their conditional residence, on August 21, 200X. The Service
scheduled Ms. XXX, her children, and her husband for an I-751 interview on March
8, 200X. Ms. XXX did not attend the interview, as she had separated from her
husband by that time and feared for her safety should her husband decide to appear at
that interview.
Ms. XXX is eligible for the waiver she seeks pursuant to INA § 216(c)(4).
Specifically, the evidence included here will establish that Ms. XXX would suffer
extreme hardship if she were removed to Vietnam; that she entered into her marriage
in good faith; and that during the marriage, she was subjected to battering and
extreme mental cruelty. Additionally, Ms. XXX's husband has filed for divorce.
Enclosed, please find:
 Signed Form G-28, Notice of Entry of Appearance
 Completed Form I-751, with $XXX filing fee, and $XX fee for biometric
services
Page | 136

Copies of Conditional Resident Cards for Ms. XXX and her children
Entered as Evidence that Ms. XXX entered into her marriage in good faith:
 Copy of certificate of marriage with certified translation
 Copies of photos of Ms. XXX and her husband on their wedding day
 Declaration of Ms. XXX describing how she met XXX
 Copies of letter received by Ms. XXX from Mr. XXX prior to their marriage
Entered as evidence that Ms. XXX was subjected to physical battering and
extreme mental cruelty:
 Seattle Police Department Incident Report #XXX, December 26, 200X, listing
Ms. XXX as victim and XXX as the suspect
 Seattle Housing Authority, Confirmation of Application, January 11, 200X
Ms. XXX applied for housing through the Housing Authority after her
husband physically attacked her in late December of 200X
 Copy of flyer titled, ―Love Shouldn't Hurt…There is No Excuse for Domestic
Violence‖ given to Ms. XXX by the Seattle Police Department on December
26, 200X.
Entered as Evidence that Ms. XXX would suffer extreme hardship if returned to
Vietnam:
 Declaration of Ms. XXX (cited above) describing that she would not be able to
find a job if she were to return to Vietnam, that her family would not be able
to support her, that her children would not be able to get an education and that,
as a single mother, she would face a particularly difficult life.
 Letter of support of Mai, domestic violence advocate at the Refugee Women‘s
Alliance stating that there are no services for victims of domestic violence in
Vietnam and that women are often blamed and stigmatized for failure of a
marriage.
We will submit additional evidence in support of Ms. XXX's request for a waiver of
the joint filing requirement of the Petition to Remove Conditions on Residence at her
interview. On behalf of Ms. XXX and her children, we look forward to your response
at your earliest convenience.
Sincerely,
Signature
Attorney Name and Phone Number
Page | 137
Link:
xtoid=f858d59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9
Go to www.uscis.gov
Scroll down to ―Petition to Remove the Conditions of Residence‖
Page | 138
Page | 139
Appendix C: Form I-485 Adjustment of Status
Contents
Page
I-485 Adjustment of Status Checklist
I-485 Basics, Overview of Adjustment of Status
Grounds for Inadmissibility
Preparing Your Client for an Adjustment Interview
140
74
75
77
79
Forms and Instructions for I-485, I-693, I-863W and G-325A
80
Introduction
Once the self-petition is approved by the Vermont Service Center, the self-petitioner proceeds
to the final step – obtaining Lawful Permanent Resident status. This means your client will be
given his or her "green card". USCIS will contact you and/or your client when it is time to
adjust status.
The approved self-petitioner may apply to adjust status by filing an I-485 or may apply
through consular processing. Consular processing is a way of obtaining lawful permanent
residence through a U.S. consulate abroad. Unless the self-petitioner is applying from outside
the country, or a derivative beneficiary lives abroad and is following to join the principal,
consular processing will not be necessary.
The majority of IFAP clients will apply from inside the United States by filing a Form I-485
and supporting documentation. The following materials will provide you with an overview of
how to do this. Contact NWIRP if your client or his/her beneficiaries are abroad and must use
consular processing.
Page | 140
Adjustment of Status, I-485 Checklist









Completed Form I-485
If applicant is 14 or older, Form G-325A Biographic Information (4 copies)
4 passport-style photos
Current filing fee
o $930.00 fee if 14 years or older
o $600.00 fee if under 14 years of age
o OR, complete fee waiver
If applicant is 14 years or older, $80 finger printing fee (CANNOT be waived)
Form 1-693, Medical exam by DHS-approved doctor
o KEEP ENVELOPE SEALED!
Form I-864W (intending immigrant's affidavit of support exemption)
Copy of passport or Form I-94, Arrival-Departure Record, if available
Copy of approval of client‘s self-petition
Page | 141
I-485 Basics: Overview of Adjustment of Status for VAWA SelfPetitioners
Who is Eligible to Adjust?
Under INA § 245(c), The VAWA applicant must show the following before s/he may adjust:

The Vermont Service Center must have approved the Self-Petition, or the applicant
must be a derivative beneficiary of an approved Self-Petition.

The applicant must not be subject to any of the grounds for inadmissibility under INA
§ 212 (see "Grounds for Inadmissibility‖ infra).

The VAWA Self-Petitioner need not have been inspected or admitted to the U.S. If
your client entered illegally, s/he is still eligible for VAWA adjustment.

Having worked without authorization does not make a VAWA applicant ineligible for
adjustment.

Having overstayed a nonimmigrant visa or violated its terms does not make a VAWA
Self-Petitioner ineligible to adjust.

VAWA Self-Petitioners do not pay the $1,000 penalty fee for adjustment required
under INA § 245(i).
When may the Self-Petitioner or Derivative Beneficiary Adjust?

Spouses and children (unmarried and under the age of 21) of U.S. citizens, and
parents of U.S. citizens, may adjust immediately. There is no wait for an immigrant
visa for these immediate relatives.

Spouses and children of lawful permanent residents however, as well as sons and
daughters of U.S. citizens who are 21 years old or older, or who are married, must
wait until a visa is available for then. The waiting period varies in these cases
depending on USCIS's current quota. You may visit the USCIS website to view the
monthly Visa Bulletin at http://travel.state.gov .

If your client‘s abuser has already filed a Form I-130, Family Petition, request that
the date of adjustment for the I-130 be assigned to his or her Self-Petition instead.
What must be done before filing the Adjustment of Status?

Confirm the address where the petitioner would like to receive the green card, and
make sure it is safe. In some cases, the client may prefer that it be sent to your office.

Confirm the name he or she would like on the green card.

Review the I-485. Be sure your client has not been convicted of a crime, divorced,
remarried, had children, moved or changed his or her name.

Prepare your client for his or her interview (See Preparing your Client for an
Adjustment Interview at the Seattle District Office, later in this Section).

Review the Checklist at the end of this section to be sure the application is complete.

Each applicant must be seen by a DSHS-approved physician. The doctor will verify
that the petitioner is properly vaccinated and free of certain diseases (see information
on grounds for inadmissibility).
Page | 142
o
The petitioner should provide the doctor with the Form I-693, sign it in the
presence of the doctor, and include the results in a sealed envelope with the
I-485 packet.
Where should the Packet be sent?
Attn: CRU
Page | 143
Grounds for Inadmissibility under INA § 212
To qualify to adjust his or her status, the Self-Petitioner must not be subject to any grounds
for inadmissibility under INA § 212 or, if the petitioner does fall under one of these grounds,
there must be a waiver for which he or she qualifies. Some common grounds for
inadmissibility follow.
Health-related grounds

Under INA § 212(a)(1)(A)(i) – (iv), persons with a serious drug addiction, mental
disease or communicable diseases of ―public health significance‖ such as
HIV/AIDS as well as those who have not received proper vaccinations are
inadmissible.

Before submitting your client's application, a civil surgeon approved by USCIS
will examine your client and issue a ―Class A‖ medical certificate noting diseases
or conditions where necessary. The finding of the surgeon may be challenged or
revised after treatment.
Criminal and related grounds
INA § 212(g) bars aliens from admission for having committed or engaged in the following:








Crimes of moral turpitude
o See USCIS Policy Memo dated January 19, 2005, Re: Determination of
Good Moral Character, in the index of this manual, or see
www.uscis.gov/memoranda
Controlled substance violations
Aggravated felonies
Multiple crimes
Controlled substance trafficking
Prostitution and commercialized vice
Assertion of diplomatic immunity from prosecution for serious crimes
Particularly serious violations of religious freedom
If there is any chance that your client has been arrested, convicted for, or admitted committing
one of these crimes, you must find out all the facts and analyze the case.
The attorneys at the Northwest Immigrant Rights Project will be happy to advise you and
assist you in this. If you wish to research these matters on your own, the Immigrant Legal
Resource Center's "VAWA Manual, Immigration Relief for Abused Immigrants" is an
excellent starting point. IFAP has a copy available in its on-campus office and the NWIRP
can provide you with your own copy for a reasonable price. Please see the index to this
manual for publishing information.
National security grounds
Persons inadmissible under the political/national security grounds specified in INA § 212(a),
212(h) and 8 CFR 212.7(d) are divided into five categories:
1. Those who entered the U.S. seeking to engage in prejudicial and unlawful
activities including espionage or violation of laws which prohibit the export from
the United States of goods, technology or sensitive information.
2. Terrorists and Palestine Liberation Organization officials and supporters.
3. Those whose admission would bring about serious foreign policy consequences.
Page | 144
4. Members of Communist or any totalitarian party, (defined as an organization that
advocates the establishment in the U.S. of a one-party system that forcibly
suppresses opposition).
5. Participants in Nazi persecution, genocide or suppression of religious freedom
under color of law.
Public charge
The public charge inadmissibility ground (INA § 212(a)(4)(A) – (C)) bars admission to
anyone who, ―in the opinion of the consular officer at the time of application for a visa, or in
the opinion of the Attorney General is likely to become a public charge.‖ There are important
special considerations for VAWA Self-Petitioners under this inadmissibility ground.

Self-petitioners are exempted from the requirement of submitting and affidavit of
financial support under INA § 212(A)(4)(C)(i).

The CIS cannot consider for public charge purposes any benefits a self-petitioner
received because of his or her status as an abused immigrant.

The self-petitioner must, however, produce some documentation showing that
they will not become a public charge. A letter from the applicant‘s employer
describing wages and benefits is one way to show this. Alternatively, the SelfPetitioner may present evidence of the likelihood that he or she will not be a
public charge in the future. Proof of education, job training, or work experience
may establish this. The applicant may also produce evidence to show that she is
making every effort to become self-sufficient if she is not at the time of
application. The CIS will consider the 'totality of the circumstances' in
determining if the applicant meets this requirement.

If the applicant is found inadmissible on economic grounds, he or she may be
admitted at the government's discretion by posting a "public charge bond" or
paying a cash deposit of at least $1,000.
Previous immigration violations
INA § 212(a)(6) covers certain immigration-related misconduct such as:

Failure to attend removal proceedings.

Unlawful entry into the U.S. after April 1, 1997.

Willful misrepresentation of immigration status in order to get legal documents
such as a visa or other permission to enter or remain in the U.S.

False claims of U.S. Citizenship.
Note that waivers exist for self-petitioners in danger of inadmissibility for most of these
reasons. INA § 212(i) contains both general and VAWA specific waivers. If the applicant
demonstrates extreme hardship to themselves or to their USC, LPR, or ―qualified alien‖
parent or child they may be exempt from these provisions. Waivers also exist for those
applicants who can show that the immigration violation was connected to the abuse they have
suffered. Contact NWIRP for further information.
Prior removals or unlawful presence in the U.S.
INA § 212(a)(9) – Departing the United States after being unlawfully present may make a
person inadmissible for a period of time. The length of the inadmissibility period depends
upon the duration of the unlawful presence. There are special rules for calculating the
applicable inadmissibility period.
Page | 145

Persons who are unlawfully present in the United States after April 1, 1997, for
more than 180 days but less than one year, and who then voluntarily depart
before commencement of removal proceedings, are inadmissible for a period of
three years after their departure.

Persons who are unlawfully present after April 1, 1997, for one year or more, and
who depart are inadmissible for ten years after their departure. It does not matter
if the departure was voluntary, or ordered by an immigration judge.

If it appears that a VAWA self petitioner has been unlawfully present in the
United States and has subsequently departed, the advocate should contact
NWIRP to see if the self-petitioner qualifies for exceptions or waivers.
Miscellaneous Grounds
Other grounds for inadmissibility may include:

Practicing polygamy

Guardians required to accompany excluded aliens

International child abductors

Unlawful voters
Preparing Your Client for an Adjustment Interview at the Seattle
District Office
Once your client has submitted her complete I-485 and Adjustment of Status packet, USCIS
will contact her/ him in writing to request an interview.
The following will help you prepare your client for this final step in the process.

After receiving the appointment notice, notify your client of the date and ask her/him
to bring her/his passport, work permit, and state ID or Driver License to the
interview. S/he should also bring identification and birth certificates for her/his
derivatives.

Meet with your client in advance of the interview to explain what will happen.
Arrange for an interpreter for the interview with USCIS if needed; USCIS will not
provide interpretation services.

Before the interview, check if any admissibility issues have arisen; criminal issues or
trips outside the country may present problems.

Advise your client to always tell the truth and to give short and concrete answers.
S/he should understand that it is OK to say s/he does not understand a question and to
ask the examiner to repeat it. It is also OK to answer, ―I don‘t know‖ or ―I don‘t
remember.‖

Go over the questions on the Form I-485. Confirm that the information is accurate.
Review the question on page 3 of the form. Some of these questions might seem
strange or contain words that your client does not understand. It‘s important that your
client feels familiar with the questions.

Adjustment interviews last about 20 minutes. Some examiners will ask all of the
questions on the form, while others will paraphrase some of them.
Page | 146

o
The examiner will most likely ask about previous arrests, whether the person
has been deported before, whether he or she plans to engage in terrorist
activity and whether the person receives public benefits.
o
Remember, under INA § 212(A)(4)(C)(i), USCIS cannot consider for public
charge purposes any benefits your client receives on account of being a selfpetitioner. BUT, your client still must show that he or she is not likely to
become a public charge. If you client has received public benefits, be
prepared to tell the examiner when the benefits began, and how much they
are monthly. This figure should not automatically include the benefits
received by the petitioner‘s children.
Although the self-petition has already been adjudicated, examiners sometimes ask
about the substance of the VAWA claim. Prepare your client for questions about the
circumstances of the abuse.
o
A couple of questions about the substance may not be an issue but if the
examiner persists, it would be a good idea to refer to the policy memo dated
Aug. 5, 2002.
o
Find it at: http://www.uscis.gov/files/pressrelease/VAWA82102_pub.pdf.
The memo clarifies that the examiner must put in writing the reasons they
believe the I-360 was wrongly adjudicated and have that document signed by
a supervisor. Only the Vermont Service Center has jurisdiction over the
adjudication of self-petitions.

If your client is still living with the abuser, make sure the address for receipt of the
green card is a safe one.

Once the adjustment is approved, the examiner will take your client‘s fingerprint and
signature. The examiner will provide your client with a stamp on her/his passport or
I-94 which reads ―Temporary Evidence of Lawful Permanent Residence‖. The stamp
is valid for one year. If your client's green card has not arrived before the date of
expiration of the temporary stamp, contact the USCIS. You may inquire into the
status of the case by filing a G-731, and sending it to the Nebraska Service Center.

After the adjustment has been approved, advise your client about her rights and
responsibilities as a Lawful Permanent Resident.
o
o
o
o

All persons older than 18 years old must carry their immigration documents
with them.
Having a green card allows our client to live and work in the U.S. and to
travel outside the country. At the same time, your client should be cautious if
planning to spend more than 6 months outside the country.
Your client should also be aware that if s/he is arrested, it may result in
deportation.
It is very important that your client notifies USCIS of any change of address
by filling out form AR-11. The form is found on the USCIS website,
www.uscis.gov .
After you close the case, send a notice of withdrawal of representation to USCIS.
You may be in danger of receiving notices related to the client many years after you
have ended representation if you do not do this. You may send your notice to
seabcis@dhs.gov .
Page | 147
DATE
Attn: CRU
RE: Client Name A# XXX
Child A # XXX
Application for Adjustment of Status for [if applicable - spouse and] child(ren) of
abusive Lawful Permanent Resident
My office represents Ms. CLIENT‘S NAME and her derivative child in connection with their
applications to adjust status. Ms. CLIENT‘S NAME and her derivative child are applying to
adjust their status based on an approved self-petition, pursuant to INA § 245(a).
Please note that an Affidavit of Support is not required for people with approved selfpetitions under the Violence Against Women Act, and that because self-petitioners
adjust under INA § 245(a) the manner of entry is not relevant for their eligibility to
adjust.
Enclosed, please find the following documentation:










Form G-28, Notice of Entry of Appearance as Attorney or Representative
Form I-485, Application to register Permanent Resident or Adjust Status
Four 2x2 photos of CLIENT‘S NAME
Four 2x2 photos of CLIENT'S NAME derivative child, CHILD‘S NAME
Filing fee and biometric services fee
Form I-693, Record of Applicant‘s Medical Examination in sealed envelope
Form G-325A, with one photo attached
Copy of applicants‘ birth certificates, with English translations
Copies of CLIENT'S NAME Washington State Driver License
Form I-797, Approval Notice for I-360 Self-Petition showing priority date as DATE.
Thank you in advance for your attention to this matter.
Sincerely,
Signature
Attorney Name
Phone Number
Email
Page | 148
Link:
xtoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb90
Go to www.uscis.gov
Scroll down to ‗Application to Register Permanent Residence or Adjust Status‘
Link:
xtoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9
Go to www.uscis.gov
Scroll down to select ―Report of Medical Examination and Vaccination Record‖
I-864W – Form and Instructions
Link:
xtoid=02055d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9
Go to www.uscis.gov
Scroll down to select ‗Intending Immigrant's Affidavit of Support Exemption‘
G-325A – Form and Instructions
Link:
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Go to www.uscis.gov
Scroll down to select ―Biographic Information‖
Page | 149

Immigrant Families Advocacy Project Training Manual 2010

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