December 2008 ASISTA Newsletter

ASISTA Staff
Gail Pendleton,
Co-Director. Co-founder of the
National Network to End Violence
Against Immigrant Women
( NNEVAIW)
Winter 2008 Edition
Sonia Parras Konrad,
A Note from the Co-Directors
Co-Director. Founder of the
MUNA Legal Clinic, Des Moines,
Iowa.
Maria Jose Fletcher, Staff
Attorney. Director/Supervising
Attorney for LUCHA: A Women’s
Legal Project Immigrant Advocacy
Center, Miami, Florida.
Sally Kinoshita,
Staff Attorney. VAWA Project
Director of the Immigrant Legal
Resource Center, San Francisco,
California.
Ana Vallejo,
Staff Attorney. Supervising
Attorney for Florida Immigrant
Advocacy Center LUCHA: A
Women’s Legal Project, Miami,
Florida.
Ann Benson
Staff Attorney. Directing Attor-
Dear ASISTA Readers:
This newsletter focuses on the immediate issue of interim relief applications that
must be transformed into U visa applications by April 14, however, since then, CIS
has stated that this deadline has been lifted. The practice pointers are derived from
the experience of agencies that are filing hundreds of such applications, but may also
be helpful to those of you with just a few. Included are some sample forms and
questionnaires that you should feel free to use as is, or adapt to your own needs. If
you have similar tools that you think might be useful to others, please share them
with us.
We also include some analysis of inadmissibility and waiver arguments, since you
must address these in your U applications. We will supply more detailed analysis of
inadmissibility and how to overcome it in a future newsletter. There are many inadmissibility grounds and most U applicants have triggered at least those related to
being undocumented. Remember that you must address ALL inadmissibility
now. To help you, we've supplied two questionaires designed to identify inadmissibility. One comes from the self-petitioning context, where the inadmissibility
grounds are the same but the waviers are different. The other helps collect information for crafting waiver arguments for U inadmissibility. Again, if you have tools
that you've found helpful, let us know.
We know this is a daunting task for many of you. Please feel free to turn to us for
ney for Washington Defenders Assohelp. In addition to helping you with individual cases, we are developing general
ciation Immigration Project, Seattle,
arguments for how various aspects of the new U rule should be interpreted, and your
Washington
Jonathan Moore
Consultant. Washington Defenders Association Immigration Project, Seattle, Washington
Joanne Picray
input is welcome on this. Let us know what barriers you're encountering and we'll
work together, and with CIS, to fix them.
Good luck and keep in touch!
Sonia Parras-Konrad &
Gail Pendleton
Clearinghouse Manager
ASISTA, Des Moines, Iowa.
In this issue
Veronica Mendez
Assistant to the Co-Directors
ASISTA, Des Moines, Iowa
1
Practice Pointer: Turning Interim Relief into a U-Visa………………....2
Sample Letter to Clients with U Interim Relief..................6
Sample Checklist for U Visa Files...…………………………………….7
Overcoming Inadmissibility for U Visa Applicants……….......................8
Sample Questionnaire For Waiver of Inadmissibility……12
Sample Worksheet……………………………………..………………………...17
Sample U Visa Cover Letter...……………………………………………..19
Upcoming Training………………………………………………………………20
Practice Pointer: Turning Interim Relief into a U-Visa
By Sonia Parras Konrad, Esq1
The Department of Homeland Security published the U visa Regulations on September 17, 2007. As part
of the regulations, DHS outlined the protocol and procedures to change the status of the interim relief applications to U visa applications. Therefore, all U visa interim applications will have to comply with certain requirements. Not complying with the requirements will result in a denial of the initial request.
Depending on the volume of cases that you or your office is handling, this process may turn into a logistical nightmare. Not only must you contact all of your U interim relief clients, but you also must ensure you are not
overlooking any dependents. You must include all necessary forms, and supply additional evidence supporting
your client’s eligibility. To help you with the transition, here are a few tips that may make your work more efficient and organized. You may already have performed many of these tasks; we hope this will at least serve as a
way to double-check that you’ve covered all your bases.
WHERE DO I START?
If you have several clients, you should contact them at once. Some of your clients may have moved out
of the State where your office is located and may need to be referred out and transferred. A mass mailing will
ensure that you properly notify your client of the next steps to take. If you need referrals for experienced U practitioners in the states where your clients have moved, contact Asista.
TIP #1 Contacting your client
Write a generic letter to all your clients stating that their U interim relief visa case must now comply with
the regulations recently published. The letter could be accompanied by a checklist of things your client will need
to provide. This means that you have to go case-by-case and check what is missing from your original filing for
each file. We are including two sample checklists. (See pages 6-9). If your client does not speak English, make sure
that you insert at least a few sentences in the native language of your client urging contact with your office.
No matter what your letter says, expect your client to call. Be prepared to receive frantic calls about
why you are sending the letter and what it means. You may want to create a list of clients you anticipate may call
and designate a person to respond to these calls. This list will also help you schedule and track the work that lies
ahead of you.
What we know today is that you will have to supply at least the following to comply with the regulations:
♦ G-28
1.
2
♦
Cover letter
♦
Table of contents
♦
Form I-918 (with supplement A if applicable and either supplement B or a copy of the old certification from the file)
♦
$80.00 biometrics fee (non-waivable)
♦
Copy of documents previously filed
♦
Affidavit, if not supplied with the interim relief application
♦
Supplemental documents, as needed
♦
Form I-192 identifying your client’s inadmissibility and requesting a waiver along with the fee of
$545.
The author thanks LUCHA, FIAC staff, Joanne Picray, and Gail Pendleton for their help with this article.
(Continued on page 3)
(Continued from page 2)
Inadmissibility Requirements
These requirements are posing particular problems for many U applicants. The fee for the I-192 waiver of inadmissibility form is causing a significant problem. The fee for the I-192 is $545. Under current regulations, this fee
cannot be waived.2 In addition, it must be furnished for each applicant with inadmissibility issues, including all
derivatives. Because this fee poses a major barrier to most U applicants, who generally are inadmissible for being “present without permission or parole” if nothing else, the National Network to End Violence Against Immigrant Women and others have advocated that the agency eliminate it. At a recent training, Vermont Service
Center staff suggested that applications lacking this fee would receive a request for evidence.3 After you determine whether the client falls within one of the grounds of inadmissibility and marshal evidence to support the
waiver, indicate in your cover letter that the form I-192 with fees will follow. This will buy time for your clients to
save money for the fee or for the agency to change its policy. An application that is missing the fee could be rejected or denied if you have not articulated why you need time to meet the inadmissibility waiver requirements.
Conversely, if a client pays the fee now and the regulations change to allow a waiver, the agency will not refund
the fee. This is a decision that should be evaluated carefully with each client.
TIP #2. Filling out the forms.
Coordinating clinics on Saturdays or a couple of late evenings a week may be an effective way to fill out large
numbers of forms efficiently and effectively. You could send the forms to your clients in advance and include the
checklist we referred to previously. Your clients should come to the clinic prepared to fill out the forms and to
provide all the required evidence at that time. Make sure to schedule several dates for clinics, so that when
clients call, they can choose the most convenient date for them. Here are some practice pointers on setting up
clinics:
Recruit volunteers
Train them on how to fill out the forms, use your copier and mailing room
Prepare each file in advance by
1. Placing a checklist on the front of the file indicating what is missing and what is in the fileSee samples, pages 6-9.
2.
Making a generic cover letter (see sample on page 6). While generic cover letters ar generally a bad idea because CIS needs individualized information, you may have to use them
because of the volume of interim relief applications that must be transformed into U applications. The best practice is to individualize the cover letter by explaining briefly how your
client meets the U eligibility requirements. As with VAWA self-petitioners, the more of a
“road map” you provide up front to adjudicators, the easier it is for them to adjudicate
your client’s application swiftly. In addition to the lack of a summary of individualized information so useful to adjudicators, generic cover letters are a red flag for fraud. The sample provides an explanation of why you are not providing detail to alleviate some of these
concerns.
(Continued on page 4)
2
C.F.R. 103.7(c)(5)
Question and Answer Session with the National Network to End Violence Against Women and DHS staff, November 2007, Lexington, KY, p. 1
(available at www.asistaonline.org)
4.
See INA sec. 212 (a)(9)(B)(ii), 8 U.S.C. 1182(a)(9)(B)(i)(II)
5.
See INA sec 212(a)(7)(B), 8 U.S.C 1182 (a)(7)(B); See also revised 8 CFR 212.1 (g)
3.
3
(Continued from page 3)
3.
Copying whatever was filed for U interim relief to include in the new filing
4.
Including an envelope for the necessary fees marked with the name of the client
Make sure you have a plan for the children. Clients come with tired, bored, hungry children. Plan for
something to distract them, such as games, arts and crafts or even a TV with acceptable videos.
Feed your staff and volunteers during this “overtime.”
You may need to schedule individual phone appointments for clients who live far away or who repeatedly miss appointments. They will still need to sign the forms so you may have to send the documents to them
after they are completed. Including a self addressed stamped envelope may speed up the process.
TIP #3. Get help!
You do not have to do it all yourself. Domestic violence and sexual assault advocates, volunteers or law
students can assist with this time-consuming task if properly trained. All your office staff, including directors and
interns and clients themselves may be able to assist with a clinic or some mass-mailing activities later on.
Make sure to contact the advocate that assisted you in your case if safety is still an issue. Trained advocates can also be helpful with this process. They may be in contact with, or know the best way to contact clients
who have safety concerns and cannot be contacted at home. In addition, they can work with clients who are
geographically disbursed.
TIP #4 Renew Employment Authorization documents if expiring soon.
The Vermont Service Center stated during the Q&A session at the National Network to End Violence
Against Immigrant Women that it may take a few months to review and adjudicate the final U visa applications.6
If your client’s employment authorization will expire within 6 months of filing the U visa application, we suggest
you renew your client’s work authorization based on the granted interim relief and deferred action. This will ensure that your client continues to be employed lawfully while VSC adjudicates the U application.
TIP #5 Include any qualifying derivatives now
Include any derivatives now, including those who were granted interim relief but have now aged out.
The VAWA experience teaches that it is prudent to include all derivatives now, including those abroad. Waiting
until later may raise fraud concerns and heightened scrutiny by the agency. Although the agency is now denying
cases filed by derivatives who received U interim relief and have now aged out, we expect them to rectify this
problem, since the agency, not the applicant, is responsible for the failure to adjudicate U cases in a timely fashion (seven years after Congress passed the law). You should still file the applications and let Asista know, so we
ensure you are included in any updates on this problem.
Remember that all principals and derivatives must address and overcome inadmissibility.
TIP #6 How to deal effectively with the potential grounds of inadmissibility under INA Section 212a.
You must determine the potential grounds of inadmissibility for all your clients, or explain in your cover
letter that you need more time to identify and supply information for a waiver.7 Your client should already be
disclosing most inadmissibility issues on form I-918. Even if you already checked for inadmissibility when you filed
(Continued on page 5)
6.
7.
4
Question and Answer Session with the National Network to End Violence Against Women and DHS staff, November 2007, Lexington, KY, p. 1
Id. at p. 7
(Continued from page 4)
the interim request, this information should be updated to ensure that there have been no new developments
since the original interim relief request. See sample inadmissibility questionnaire on pages 13-18.
When you have hundreds of cases this may seem like a daunting task. Here are some tips and ideas to
help you survive:
Use a questionnaire with your client that helps identify inadmissibility and that includes
questions regarding the national or public interest waiver standard. (See sample pp 13-18)
Ask your client to write in her own words at the end of the questionnaire why she should
be granted a waiver.
Prepare an argument on why granting of the waiver to your client will serve the national or public interest (see
article beginning on p. 10 on the public interest waiver). Be sure to include both a general argument and arguments specific to your client.
Conclusion
Before you send your cases out, make sure they are as complete as possible. Please refer to the check
lists included on pages 6-9. We know that the time constraints and number of interim relief cases is daunting.
We hope that the suggestions included in this article, as well as the sample documents and checklists mentioned
throughout this newsletter and attached for your convenience, are helpful to you If you have other suggestions
you’d like to share with the field, let us know.
Good luck!
5
* Requirement / Requisito
FINAL DEADLINE _____________________
LIST OF NECESSARY DOCUMENTS FOR U VISA APPLICANT:
Identification of Applicant and Current Status
Deadline:
In file
Still Need
___
___
Birth Certificates of self and children (translated); and/or
___
___
ID, Passport, I-94 card, immigration documentation; and/or
___
___
Other documents from USCIS that you have received or sent.
___
___
I-918 form, I-918 Supplement A (derivatives) I-192, I-212
___
___
Money orders $80 for finger prints, $545 for waver if applicable
Evidence of “Substantial Physical or Emotional Abuse”
Deadline:
___
___
I-918 Supplement B (U-Visa Certification*)
___
___
Personal Declaration (see sample)*
___
___
Police records; and/or
___
___
Psychological Evaluation; and/or
___
___
Medical records; and/or
___
___
Letters of support (witnesses, friends, family, shelter advocates, social
workers, co-workers, religious leaders, children’s teachers); and/or
___
___
No Contact or Protective Orders.
Evidence that Petitioner Possesses Information and is Being Helpful to Law Enforcement
Deadline:
___
___
I-918Supplement B (U Visa Certification *)
___
___
Police Records *
___
___
Court/Trial Records
6
(Continued from page 6)
Employment Authorization
Deadline:
___
___
Signed Form I-765; (Only for Derivatives)
___
___
Copies of household bills (rent, electric, gas, water, etc.)
___
___
$340.00 money order for filing fee or Fee Waiver Request
___
___
Affidavit of Economic Necessity
Internal:
(2) Signed Form G-28;
Signed Retainer Agreement
Copy of State Criminal Law.
Document Created by ASISTA Co-Director Sonia Parras-Konrad.
Spanish Version of this list is available at www.asistaonline.org.
7
SAMPLE U-VISA CHECKLIST
Form I-918 for principal applicant / Formulario I-918
Form I-918A for derivative applicants / Formulario I-918A para cada derivado
Form I-918B (valid for 6 months) / Formulario I-918B (válido por 6 meses)
Form I-765 for each derivative in U.S. / Formulario I-765 para cada derivado en los E.E.U.U.
Form I-192, if applicable, for each family member / Formulario I-192, si aplica, para cada familiar
Personal affidavit / Historia personal
Birth certificates for all family members / Certificado de nacimiento de todos los familiares
Passports or other identity documents for all family members / Pasaportes y documentos de
identidad de todos los familiares
Marriage certificate and divorce decrees / Certificado de matrimonio y actas de divorcio
Police records of incident investigated / Récords de la policía referentes al incidente criminal
Medical records / Récords médicos
Photos of injuries / Fotos de los daños físicos
Correspondence from State Attorney’s Office, transcripts or other court documents /
Correspondencia de la oficina del “State Attorney”
Correspondence from police department / Correspondencia de la policía
Restraining orders/No contact orders / Ordenes de restricción/ordenes de no contacto
Detailed letters from therapist/shelter / Cartas detalladas del terapista/refugio
Detailed affidavits from friends/family/witnesses / Cartas detalladas de amistades/familia/
testigos
If child abuse, family court documents/DCF documents / Si hay abuso a algún niño, documentos
de la corte familia/ documentos de Departamento de Niños y Familia
Money orders payable to U.S. Department of Homeland Security in the amount of / Giros
postales a nombre de U.S. Department of Homeland Security por la cantidad de
$80.00, the biometric fee for each applicant / $80.00 cada uno para las huellas digitales
(Continued on page 9)
8
$545.00 for the I-192 fee for each applicant / $545.00 cada uno para la aplicación I-192
$340.00 for the I-765 fee for each derivative applicant / $340.00 para la aplicación I765
$155.00 for the I-246 (Motion to Stay), if applicable / $155.00 para la aplicación I-246
$110.00 for Motion to Reopen, if applicable / $110.00 para reabrir su caso en corte
***The biometric fee and the fee for the I-765 may be waived in accordance with the Poverty
Guidelines.
This document created by FIAC.
9
Overcoming Inadmissibility for U Visa Applicants
By Gail Pendleton1
A U visa applicant can apply for a waiver of all grounds of inadmissibility except for those who are Nazis or perpetrators of genocide, torture, or extrajudicial killing.2 The standard for the waiver is that it is “in the national or
public interest” to grant it.3 This is a new standard, and the regulations provide no guidance on its contours, but
the self-petitioning and trafficking experience may help. The VAWA unit has final discretion, of course, to determine your client does not merit the waiver, so you must show why they should exercise discretion in favor of
your client.
Regarding admitting inadmissibility, the CIS U personnel counsel:
[I]t’s better to acknowledge and explain as much as possible to not appear evasive. It’s better to include and
explain as much as possible upfront so your client will appear more credible. Err on the side of caution and
disclose upfront.4
This is the lesson we have learned from the self-petitioning experience as well. If the agency discovers problematic issues later that you did not flag in the beginning, your client may be found to lack credibility. With U visas,
that means they may be deported.
Potential Strategies
These suggestions are a work in progress, and you should let us know if you find other strategies that work. For
now, we strongly encourage you to provide both general arguments and individualized arguments. CIS has stated
that the waiver application
could come in the form of a statement explaining grounds for granting the waiver, reasons and circumstances for needing it. This will be adjudicated on a case-by-case basis and can include details of the
victimization.5
General arguments
Being undocumented should not be a reason for denial
Many U applicants will trigger inadmissibility for being “present without admission or parole”6 or for unlawful presence7 and other inadmissibility issues arising from being undocumented.8
Congress targeted the most vulnerable victims of crimes, especially the undocumented, because they are the
most afraid to access justice for fear of removal.9
Denying U visas because applicants are undocumented undermines the purpose of the U visa because victims will not be willing to report crimes for fear of deportation.
(Continued on page 11)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10
The author thanks Sonia Parras-Konrad and Joanne Picray for their help with this article, and Sally Kinoshita for her work preparing and
finalizing the Questions with CIS on U Visas, an invaluable tool all practitioners should have at hand (available on www.asistaonline.org
INA § 212(d)(14).
INA § 212(d)(14),. CIS regulations add an extra requirement, not found in the statute, concerning violent or dangerous crimes or the
security and related grounds the applicant needs to show “extraordinary circumstances”**ADD CITE.Since Congress did not impose this
requirement, if you encounter it as a barrier, please contact Asista for help.
Questions for CIS re U Visas (November, 2007) at page 4, available on www.asistaonline.org.,
Id. at page 5.
INA § 212(a)(6)(A).
INA § 212(a)(9)(B) & (C).
E.g., fraud and false claims to citizenship upon entry, triggering INA § 212(a)(6)(C)
See U Findings and Purpose, Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, div. A, § 1513, 114 Stat.
1464 (Oct. 28, 2000)
(Continued from page 10)
It is therefore generally in the national and public interest to grant waivers to those whose inadmissibility is
directly connected to being undocumented.
Public safety is furthered by not deporting victims of crime
Community policing is essential to apprehending perpetrators and keeping our society safe from
criminals. When victims of crime are protected from deportation they are most likely to assist
police in apprehending criminals.
Individualized arguments
Individualize your general arguments. Showing how being undocumented made your client more vulnerable to
crime or more fearful of accessing justice, and how her help to the criminal system furthered public safety. If
possible, get additional letters of support from law enforcement, talking about why it’s in the public interest for
your client to remain, e.g., ongoing helpfulness, was extremely helpful, needs services here unavailable in the
homeland, etc.
In addition, use the factors for showing good moral character, extreme hardship to VAWA applicants and extreme hardship to trafficking victims to help you frame your argument. These are factors the CIS unit is accustomed to evaluating and although not exactly the same as “national or public interest,” they are similar in many
ways, depending on the facts of each case.
Good moral character
How does empowering your client help to change social acceptance of violence or oppression of
victims?
How would you show your client’s good moral character or rehabilitation, if seeking to waive criminal conduct?
How has your client or her children contributed to the community?
How can you document this (think clergy, children’s teachers, others who can talk about how your
client is helping others and her children)?
Connect factors below with what the client is doing to enrich the applicant’s community or our society generally.
VAWA extreme hardship factors
One way to address these factors is to juxtapose the applicant’s and applicant’s children’s situation and needs
here against what would happen if they are returned to the home country. Here is the specific list, developed
when extreme hardship was required for self-petitioners and now applied to VAWA cancellation applicants.
•
•
•
•
The nature and extent of the physical or psychological consequences of abuse;
The impact of loss of access to the United States courts and criminal justice system (including, but not
limited to, the ability to obtain and enforce orders of protection, criminal investigations and prosecutions, and family law proceedings or court orders regarding child support, maintenance, child custody,
and visitation);
The likelihood that the batterer's family, friends, or others acting on behalf of the batterer in the home
country would physically or psychologically harm the applicant or the applicant's child(ren);
The applicant's needs and/or needs of the applicant's child(ren) for social, medical, mental health or
other supportive services for victims of domestic violence that are unavailable or not reasonably accessible in the home country;
(Continued on page 12)
11
(Continued from page 11)
•
•
The existence of laws and social practices in the home country that punish the applicant or the applicant's child(ren) because they have been victims of domestic violence or have taken steps to leave an
abusive household; and
The abuser's ability to travel to the home country and the ability and willingness of authorities in the
home country to protect the applicant and/or th applicant's children from future abuse.10
Trafficking extreme hardship factors
The trafficking extreme hardship factors, like the VAWA factors, are tailored to the experience of the applicants.
Even if they don’t specifically apply to your client, what would a parallel consideration be for your client? Here
are the trafficking factors:
•
The age and personal circumstances of the applicant;
•
Serious physical or mental illness of the applicant that necessitates medical or psychological attention
not reasonably available in the foreign country;
•
The nature and extent of the physical and psychological consequences of severe forms of trafficking in
persons;
•
The impact of the loss of access to the United States courts and the criminal justice system for purposes
relating to the incident of severe forms of trafficking in persons or other crimes perpetrated against the
applicant, including criminal and civil redress for acts of trafficking in persons, criminal prosecution,
restitution, and protection;
•
The reasonable expectation that the existence of laws, social practices, or customs in the foreign country to which the applicant would be returned would penalize the applicant severely for having been the
victim of a severe form of trafficking in persons;
•
The likelihood of re-victimization and the need, ability, or willingness of foreign authorities to protect
the applicant;
•
The likelihood that the trafficker in persons or others acting on behalf of the trafficker in the foreign
country would severely harm the applicant; and
•
The likelihood that the applicant's individual safety would be seriously threatened by the existence of
civil unrest or armed conflict as demonstrated by the designation of Temporary Protected Status, under
section 244 of the Act, or the granting of other relevant protections.11
Flagging Inadmissibility and Arguments for Waiving It
We have included a sample questionnaire (pp. 13-18 ) and a list of admissibility red flags (p. 19) to help clients
and practitioners identify and address these issues.
Conclusion
As with the early years of self-petitioning, establishing the parameters of many aspects of U visa eligibility will be
a feedback process. We (the field) develop approaches, present them to CIS, and they provide feedback on
whether it works for them. We, in turn, advocate for what we think works for victims of crimes. Although this
process is challenging, it has served the interests of victims of crimes well, who may have suffered had the agency
“written in stone” all the details of the eligibility requirements from the beginning. We will provide updates and
practice pointers through the VAWA updates list serve and our website but, to make this process work, you must
let us know what strategies you are using and whether or not they are working. With your help, we will continue
to work with CIS to ensure the law is implemented as Congress intended.
10. 8 C.F.R § 1240.58(c). Note that the usual factors considered for extreme hardship, see 8 C.F.R. § 1240.59(b) are not generally helpful for
victims of crimes.
11. 8 C.F.R. § 214.11(i)(1).
12
PERSONAL QUESTIONAIRE REGARDING WAIVER OF
INADMISSIBILITY ON FORM I-192
Name/Nombre:
Last name/Apellido:
Age/Edad:
Occupation/Ocupación:
Name & last name of derivatives/Nombre & apellido de los derivados:
Place of residence/Lugar de residencia:
_______________________________________________________________________________
RESIDENCE AND ABOUT YOURSELF
1. For how long have you been residing in the USA?/ Hace cuanto reside en los EEUU?
2. Are you employed?/Tiene empleo?
3. What do you do?/En que labora?
4. How much do you earn a month/year?/Cuanto gana por mes/al año?
5. Are you involved in any community groups, events, church etc?/Please explain/ Esta involucrado en algunos grupos de su comunidad, eventos, iglesia, etc?/Por favor explique.
6. Do you speak English?/Habla ingles?
7. If not, are you studying English?/Si no lo habla, esta estudiado para aprenderlo?
8. Do you have any medical conditions? Are you receiving treatment for it?/Tiene alguna
condición medica? Esta recibiendo tratamiento para dicha condicion?
(Continued on page 14)
13
(Continued from page 13)
9. Are you receiving or are you planning to receive any victim’s services, such as counseling? If
so, how likely is it that you would be able to receive these services in your home country?/Esta
usted recibiendo o planiando recivir servicios para victimas, como consejeria? Si es asi, cuales
son las posibilidades de recivir estos servicios en su pais natal?
10. What is the likelihood of you finding a job in your country and providing for yourself and your
family?/Cual es la probabilidad de ud. conseguir un trabajo en su pais y proveer para ud. y su
familia?
11. Do you have a house in your country of origin or will you be homeless?/Tiene una casa en su
ais de origen o va a ser un vagabundo al regresar?
12. Where does your family live? /Donde vive tu familia?
13. Are you in school now?/Se encuentra en la escuela ahora?
14. Have you been paying taxes?/ Ha estado pagando sus impuestos?
15. Please explain briefly how your life will be changed and affected personally if you were to
return to your country of origin:/Por favor explique brevemente como su vida cambiaria y como
el afectaria personalmente si tuviera que regresar a su pais de origen:
FAMILY
1. How many children do you have, what are their ages and countries of birth?/ Cuantos hijos(as)
tiene, cuáles son sus edades y pais de nacimiento?
(Continued on page 15)
14
(Continued from page 14)
2. Are you married?/ Esta casada(o)?
3. Are your children in school?/ Sus hijos(as) asisten a la escuela?
4. How are they doing in school?/Como les va en la escuela?
5. Do they speak English?/Hablan ingles?
6. Do any of your children have medical conditions?/ Alguno de ellos tiene una condición medica?
7. When was the last time your children were in your country of origin?/Cuando fue la última vez
que sus hijos(as) estuvieron en su pais de origen?
8. What kind of life would your children have if you were to return to your country of origin?/Que
tipo de vida tendrian sus hijos si tuvieran que regresar a su pais de origen?
9. Please explain briefly how the life of your family will be changed and affected personally if you
and your children were to return to your country of origin:/Por favor explique brevemente como la
(Continued on page 16)
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(Continued from page 15)
vida de sus hijos se veria afectada si tuvieran que regresar a su pais de origen, como les afectaria
personalmente?
CRIME
1. Have you been the victim of a crime of violence?/ Ha sido víctima de algún crimen violento?
2. Have you assisted in the investigation or prosecution of the crime?/ Ha asistido en la
investigación de un crimen o ayudado a la fiscalía con el mismo?
3. Do you feel safe in this country after getting the assistance of the law enforcement?/ Se siente
Ud. segura(o) en este pais después de haber recibido asistencia de la policía?
4. Will you be willing to report future crimes if you have knowledge of the crime or you or your
family are the victim of a crime?/ Estaría dispuesto a reportar futuros crímenes si tuviera
información acerca de ellos o si Ud. o un familiar fuera víctima de un crimen?
5. Have you been telling members of your community about your experience helping law enforcement and encouraging them to do the same?/ Le ha contado a miembros de su
comunidad acerca de su experiencia colaborando con la ley y exhortándoles a hacer lo mismo si
estuvieran en su posición?
6. Have you or are you receiving crime victim’s services?/Ha recibido o está recibiendo servicios
por ser víctima de un crimen?
7. If yes, what type of services/ Que tipo de servicios
(Continued on page 17)
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(Continued from page 16)
IF YOU HAVE BEEN THE VICTIM OF DOMESTIC VIOLENCE PLEASE ANSWER THE FOLLOWING
QUESTIONS/ SI HA SIDO VICTIMA DE VIOLENCIA DOMESTICA POR FAVOR CONTESTE LAS
SIGUIENTES PREGUNTAS
1. Is your abuser here or in your country of origin?/ Su abusador se encuentra aquí o en su
pais de origen?
2. If you were to be deported, would your abuser have access to you?/ Si fuera deportado(a),
podria su abusador encontrarla(o)?
3. Do you know how to ask for help if you feel threatened again by your abuser?/Sabe como
pedir ayuda si se siente amezada(o) por su abusador otra vez?
4. Do you have children with your abuser?/ Tiene hijos(as) con su abusador?
5. Who has custody of your children?/Quien tiene la custodia de sus hijos(as)?
6. Are you filing or planning to file for divorce from him?/Ha sometido o esta planificando el
divorciarce de el abusador?
7. Do you receive child support? /Recibes manutencion infantil?
8. Do you have or are you planning to get an order of protection from him? /Tienes o piensas
pedir una orden de proteccion?
(Continued on page 18)
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(Continued from page 17)
9. If you were to go back to your country of origin how will you be treated as a single mother
and a victim of domestic abuse?/Si tuviera que volver a su pais de origen, como seria
tratada al ser un madre soltera victima de violencia domestica?
10. Would you have access to the protections of the courts and law enforcement in your country if your abuser was to follow you or find you?/Tendria acceso a las protecciones de las
cortes y la policia en su pais de origen si su abusador la siguiera y encontrara?
11. Please explain briefly how your safety will be affected personally if you were to return to
your country of origin:/ Por favor explique brevemente como su seguridad se afectaria personalmente si tuviera que regresar a su pais de origen:
Is there anything else you will like to add or tell immigration about what you or your family will endure
in case of removal as well as to why it is in the national public interest for you to remain in the country?/ Hay alguna otra cosa que quisiera añadir o decirle a inmigración acerca de lo que Ud. o su familia
se tendrían que enfrentar en caso de ser deportado, o porque está en el interés público nacional el que
Ud. permanezca en este país?
Document Created by Sonia Parras-Konrad, Co-Director, ASISTA
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VAWA Red Flag SituationsFor Adjustment of Status
Try hard to remember if you have had any of these problems, because the Immigration
Service may already know or find out, and you and the person helping you need to know
whether you might have a problem before you apply.
These things DO NOT necessarily mean you can’t apply for a green card, it just means
that you need to talk with an immigration expert about them before you send papers to INS.
Check the appropriate box if you have had any of the following problems:
You suffer from a communicable disease.
You are not able to show the INS that you have been vaccinated against communicable
diseases.
You have a behavior related to a mental or physical disorder which may pose a danger to
yourself or others or are likely to have such a behavior in the future.
You are addicted to, or abuse drugs.
You have, in any way, helped to bring non-citizens illegally into the U.S.
You have given false information to gain an immigration benefit such as a visa or have used
false documents such as a false green card.
You falsely claimed to be a U.S. citizen knowing it was not true.
You entered the United States illegally.
You have been in the United States illegally for more than 180 days.
You are likely to become primarily dependent on welfare or other public benefits in the
U.S.
You have been arrested (including by INS)
You have been deported or removed from the U.S., or ordered deported or removed
You have been convicted of a crime.
You have engaged in prostitution within the last ten years.
You are a member or former member of the Communist party or other Totalitarian party.
You participated in the persecution of others on the count of race, religion, national origin,
or political opinion.
IF YOU CHECKED ANY OF THE ABOVE BOXES, YOU
MUST TALK ABOUT IT WITH AN IMMIGRATION EXPERT!
Document Created by Sally Kinoshita, ILRC and ASISTA staff attorney
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SAMPLE COVER LETTER
USCIS-Vermont Service Center
U-visa Unit
75 Lower Welden Street
St. Albans, VT 05479
DATE
Re:
Supplemental Information pursuant to new regulations for U-Visa Status for XXXX, XXXX, A#:
XXXXX
Dear Sir or Madam:
My office is representing Ms. XXXXX. Ms. XX has been a victim of a ***INSERT CRIME*** under
***RELEVANT CRIMINAL*** Code and met the requirements for interim relief as a U visa victim under INA §
101(a)(15)(U). Ms. XXX has suffered substantial physical, mental and emotional abuse as a result of having been
a victim of XXXXX. Moreover, Ms. XXXX assisted local authorities and prosecutors in the investigation and
prosecution of the perpetrator, Mr. XXXX, as evidenced by the certification form previously submitted to your
office. A copy of the certification form is being submitted for your reference.
Ms. XXX applied for U-visa interim relief on XXXXX, and was granted interim relief on XXXXXXX.
Pursuant to the new 8 CFR 214.14(c)(1), published on September 17, 2007, Form I-918 must be filed if Ms.
XXXX wishes to pursue her claim to eligibility as a U nonimmigrant.
Therefore, enclosed please find the following:
Form G-28, Notice of Entry of Appearance as Attorney or Representative;
Form I-918, Petition for U Nonimmigrant Status;
$80 biometrics fee;
Table of Contents;
Supporting documents for I-918 Petition.
Please note that we are requesting that interim relief be extended until USCIS completes its adjudication
of the petition, which is authorized under the new regulations.
We are currently determining whether our client falls within one of the grants of inadmissibility.
Should we determine that this is an issue, we will submit form I-192, with the necessary $545 fee.
We appreciate your collaboration in this matter. Should you have any questions regarding this communication or this case, please contact our office at your earliest convenience.
Sincerely,
_________________________
Attorney Name
Your agency or firm
Sample letter created by Sonia Parras-Konrad, Co-Director, ASISTA
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INTERMEDIATE/ADVANCED IMMIGRATION TRAINING
Presented by:
and
Intersection: Representing Immigrant Survivors of Domestic Violence, Sexual
Assault, and Stalking in Complex Cases
May 19-21, St. Anthony Hotel, San Antonio, TX
REGISTRATION IS LIMITED.
REGISTER NOW!
This training is open to LAV grantees and subgrantees who receive funding from the U.S.
Department of Justice, Office on Violence Against Women (OVW).
Deadline for Registration and for Hotel Reservations is April
18, 2007.
This three-day training will include two tracks, an advanced track and an intermediate
track, limited to 25 participants each.
The ASISTA technical assistance on immigration assistance to immigrant victims of domestic violence, sexual assault, and trafficking, in partnership with the United States Department of Justice, Office on Violence Against Women (“OVW”) will host a three-day Intermediate/Advanced training on May 19-21, 2008 in San Antonio, TX. This three-day
training will provide attorneys who represent victims in complex cases with an opportunity
to develop and improve their expertise in the representation of victims of domestic violence, dating violence, sexual assault, and trafficking.
Registration is limited to current Legal Assistance for Victim (LAV) grantee attorneys of the
U.S. Department of Justice, Office on Violence Against Women (“OVW”). Registration will
be limited to 25 participants each for the intermediate and advanced tracks, and is on a
first come, first served basis. There is no registration fee to attend the Institute and grantees may use OVW funds to cover travel costs to attend.
If you have any general questions about this Training, information updates, and registration information, please visit ASISTA’s website at www.asistaonline.org or email us at
[email protected]. If you are an OVW grantee and you have specific questions
about the parameters and terms of your grant or funding, please contact your OVW program manager.
If you have any questions please contact: Joanne Picray, ASISTA [email protected]
This project is supported by Grant No. 2004-WT-AX-K071 awarded by the United States Department
of Justice, Office on Violence Against Women. The opinions, findings, and recommendations expressed in this document are those of the author(s) and do not necessarily reflect the views of the
United States Department of Justice, Office on Violence Against Women.
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