U visa or nonimmigrant status check list Preparing a Petition for U Nonimmigrant Status on Form I-918 (prepared by Sanctuary forFamilies) Actions for initial client meeting: Review client checklist.1 Be sure to record: Safe home, cell, work and alternative telephone numbers; Safe mailing address; Safe e-mail (if any); Alien numbers for all family members who have them; and Social security numbers for all family members of who have them. Check whether there are any pending or final immigration proceedings against U petitioner or derivative family members by dialing 1 800 898 7180.2 Have client sign releases (both general3 and Health Insurance Portability and Accountability Act (HIPPA)4) to facilitate obtaining records. If a Freedom of Information Act (FOIA) request has not previously been filed with U.S. Citizenship and Immigration Services (USCIS), one should be filed on Form G-639 with the National Records Center/ PO Box 648010/ Lee’s Summit, MO 64064.5 If USCIS does not have a current, safe address on file, a Change of Address on Form AR11 with a safe address (which may be legal or social service agency office) should be filed with USCIS/ Change of Address/ PO Box 7134/ London, KY 40742-7134. For men who are between the ages of 18 and 26, if Selective Service (the “draft”) registration form has not previously been filed, one should be filed on-line at www.sss.gov. If the would-be registrant does not have a social security number, the web site should redirect the would-be registrant to a paper form that can be printed out. If no such form appears, then the would-be registrant should be directed to a local post office to obtain a registration card to be mailed in. Any U petitioner (primary or derivative) who entered without inspection (EWI), believes he or she may have previously been in immigration proceedings or ordered removed or has a 1 2 3 4 5 A model client checklist is available on the probono.net/ny/family web site (registration is free) in the library under immigration is available at: http://www.probono.net/ny/family/library.cfm?fa=detail&id=165327&appView=folder. If noncitizen has a final exclusion, deportation or removal proceedings and has not been granted deferred action or another form or post-order protection from execution of the order, you may wish to file for a stay of removal. A model release is available on the probono.net/ny/family web site (registration is free) in the library under immigration is available at http://www.probono.net/ny/family/library.cfm?fa=detail&id=160956&appView=folder. An example of a generic HIPAA release that also complies with New York state laws is available as a fillable form at http://www.nycourts.gov/forms/Hipaa_fillable.pdf. In most circumstances, it will not be necessary to wait for the results of a FOIA before filing the U nonimmigrant status petition. This is particularly true if an application for interim U relief has already been filed. m. the J. a certified check or money order in the amount of $18 made payable to the Treasurer of the United States. as federal immigration authorities are already aware of your client and his or her current lack of immigration status outside of the current grant of deferred action.S. citizen.immigrantdefenseproject.. www. FD258 (which is different from a good conduct certificate) from the Public Inquiry Department of the New York Police Department located at 1 Police Plaza in Room 152A. Such requests for access to information must be addressed to the Federal Bureau of Investigation. 2 .fbi. for less than the required amount of time. Attn: SCU. Being convicted (including receiving a “Conditional Discharge” (CD) or any other form of post-plea disposition) of any of a long list of crimes (including some misdemeanors and violations). D-2. and Unlawful voting. Common grounds of inadmissibility include: Being HIV+.S. http://www. Clients should bring a valid identity document and a $15 money order.gov/firs552. Mod. The requester must also provide a return address for transmitting the information. Resources available include www. unlawfully. however. www.org/ImmRightsRes/IRR.m. without immigration authorization.” Grounds of inadmissibility under INA §212(a) should be reviewed.S.nlada.org (New York. Connecticut.S. using the legal office as the mailing address. 6 If your client has a criminal record and has previously filed for an application for interim relief under the U statute and received deferred action. The client can take the 4.criminalandimmigrationlaw. See http://foia. WV 26306. 1000 Custer Hollow Road. Entering the U. or staying outside the U.S. Clarksburg.nationalimmigrationproject. New Jersey and Vermont).ilrc.org/Defender/Defender_Immigrants/Defender_Immigrants/Defender_Immigrants_Consequence. M or Z to Chambers Street or the N or R to City Hall. Previously lying to government officials about being a U. and a set of rolled-inked fingerprint impressions placed upon fingerprint cards or forms commonly utilized for applicant or law enforcement purposes by law enforcement agencies. then leaving and either returning or seeking return to the U.S.html#imm_consq_crim_convctns.org/onlineresource. but not leaving the U. www. Requests can be made from 9 a. If.” The request must include the requester’s full name. Receiving an order of exclusion.com. Living in the U. Residents of New York City can obtain a standard fingerprint form. without inspection by coming across the border when no one was looking. CJIS Division. you may have no good options other than to file Petition for U Nonimmigrant Status on Form I918 and a waiver of inadmissibility on Form I-192. to 3 p.criminal record6 should obtain fingerprints to send to the FBI. 5 or 6 to the Brooklyn Bridge/City Hall Stop. Monday through Friday. it will be critical to understand the nature of your client’s criminal record before continuing with any immigration filing. Previously lying to federal immigration authorities (such as by submitting applications with false information or presenting false documents). Per the FBI web site: “The subject of a record in the system may obtain a copy thereof by making a request in writing with the envelope and the letter clearly marked “Privacy Act Request.htm. Helping other people to enter the U. your client has a criminal record and no previous petitions or applications for U nonimmigrant status relief have been filed. deportation or removal.S. date of birth and place of birth.php (California and Arizona). of which the U crime was just one of many actions. if it will be filed. such information will be required for an affidavit in support of the I-192. If the certifying official is neither a judge nor the head of the certifying agency.14(h)(2)(i)(A) (revocation) and INA §245(m)(1) (statutory provisions regarding the granting of lawful permanent resident status to those in U nonimmigrant status).e. Review Form I-192. For a client who has not previously been granted deferred action through interim relief under the U statute. the paralegal or someone else).14(a)(2)). the petitioner should include “evidence of the agency head’s written designation of the certifying official for this specific purpose. the lawyer. identifying which documents will be gathered and prepared.. Supplement B. 3 . if it will be filed. 7 8 9 Descriptions should be limited to helpfulness rather than any non-cooperation after such time as a law enforcement agency provides a certification of helpfulness.Note that most. See 8 CFR 214. and review sympathetic nature of the circumstances surrounding the events which have made the client inadmissible and aspects on the client’s life which tend to suggest that USCIS should favorably exercise discretion. obtain a signed Supplement B to Form I-9188 that certifies the primary U petitioner’s helpfulness in the investigation or prosecution must be obtained from the head of a certifying agency (as defined by 8 CFR §214.uscis. Draft additional affidavits that may be required to provide (1) additional information on responses to questions on Form I-918. Review Form I-918 and any answers that might require an explanatory affidavit. Review Form I-193. including determining a timeframe. (2) knowledge of U crime.gov/files/form/I-918. including relevant immigration history. and the reasons why the noncitizen is unable to obtain a passport. in the United States) of U crime. Supplement B to Form I-918 is found at the last three pages of Form I-918 available at http://www. per discussion at first meeting. Post-helpful non-cooperation may be the basis for revoking a U status or not granting lawful permanent resident status to a noncitizen in U nonimmigrant status. and (3) support for the request for a waiver of the passport requirement. including all of those on the pre-meeting check-list and come up with a plan of action.17. Gather supporting documents. domestic violence) and place (i. Interview the client to learn client’s story.. a specific designee of the head of a certifying agency.e. nature of cooperation with investigating or prosecuting authorities and substantial harm suffered.7 and (4) nature (i. (3) helpfulness to the investigation or prosecution. grounds of inadmissibility may be waived under INA §212(d) (14).” Instructions for I-918. If a U petitioner or derivative family member may be subject to a ground of inadmissibility.pdf. if such waiver will be filed. but not all. if such waiver will be filed. the client. the likelihood of success of a waiver of the ground(s) of inadmissibility filed on Form I-192 should be considered in light of the regulations at 8 CFR §212. (2) support for the request for a waiver of inadmissibility on Form I-192. Follow-up actions after first and second meetings: Draft affidavit from U petitioner describing (1) substantial physical or mental abuse suffered as a result of the U crime itself or a series of actions over time.9 or a judge.e. qualifying crime(s) of which he or she has been a victim. and who will do the gathering and preparing (i. Review with client the universe of documents to be gathered. U Nonimmigrant Status Certification. Identify which forms are to be filed by reviewing the directions to Form I-91810 and Sanctuary for Families’ question and answer chart on forms.13 Signed Form I-918.cfm?fa=detail&id=165327&appView=folder. Proof of previous grant of deferred action under interim U relief procedures or original Form I-918. See “Preparing a U nonimmigrant status petition: Which forms will you need?” at http://www. Biometric fee ($80) in check or money order made out the U.net/ny/family/library. or o the head of the certifying agency.gov/files/form/I-918instr. Signed by: o a judge. Actions for second meeting: If client has obtained fingerprints. per instructions above. who seek work permits.cfm? rootfolder=9302&fa=detail&id=160956&appview=folder. Final submission checklist Brief (one to two page) cover letter. or abroad.S. Department of Homeland Security or fee waiver for Form I-918.pdf.12 Index of documents. 4 .probono.net/ny/family/library. Signed in the six months proceeding the filing the I-918. draft fee waiver requests following the instructions at 8 CFR §103. Review supporting documents that have been gathered. See “Cover letter accompany U petition submission” on the probono.S.S.uscis. Supplement A for each derivative family member.net/ny/family/library. Review and have the client sign his or her affidavit(s).probono. Supplement B.net/ny/family web site (registration is free) in the library under immigration at http://www. submit to the FBI for background check. Signed Form I-918. See Model index accompanying Petition for U Nonimmibrant Status on Form I-918 on the probono. include the biometric fee and the fee for Form I-765 required for derivative beneficiaries (but not principal U petitioners) in the U. or 10 11 12 13 http://www. Actions for final client meeting (which can be either the second or the third meeting): Confirm that all required forms have been completely filled out and signed. Review and have all relevant forms signed.cfm? rootfolder=9302&fa=detail&id=160956&appview=folder.11 Ensure that you understand the immigration consequences of any interactions between your client and any criminal justice systems in the U.7(c)(1) for fees that are waivable which. Obtain checks or money orders for all required fees or.probono.net/ny/family web site (registration is free) in the library under immigration at http://www. at the time of this writing. for indigent clients. he or she may leave a voicemail at 1 802 527 4888 or send a fax to 1 802 527 4859. birth certificates. See. the petitioner should include “evidence of the agency head’s written designation of the certifying official for this specific purpose. such as I-94 card. U Nonimmigrant Status Certification. 5 .S. if any. “King’s County District Attorney’s Office Certification Letter” on the probono. Signed Form I-192 for petitioner and each derivative family member who is inadmissible under INA §212(a).). guardian or next friend where U petitioner is 15 or younger at time of the crime. Department of Homeland Security for each Form I-192 (as no fee waiver available). incapacitated or incompetent). Albans. marriage certificates.net/ny/family web site (registration is free) in the library under immigration at at http://www. VT 05479-0001 Should a legal representative with a G-28 on file need to contact the VAWA Unit post-filing. Department of Homeland Security for each Form I-193 (as no fee waiver available). etc. 2 passport photos for I-918 principal petitioner. supporting statements. supporting request for favorable exercise of discretion. 14 If the certifying official is neither a judge nor the head of the certifying agency. Signed statement from U petitioner (or from parent. Supplement B. if he or she wants a work permit.” Instructions for I-918. divorce decrees and death certificates) for petitioner and each derivative family member.o a specified designee of the certifying agency where the designee has supervisory responsibilities and the agency head the head has explicitly designated said certifier. along with: Supporting statement an other evidence. along with: Supporting statement an other evidence. court and hospital records. Signed Notice of Appearance on Form G-28 (printed out on blue paper) for principal and for each family member represented.S. Copies of immigration documents indicating lawful entry. The Petition for U Nonimmigrant Status on Form I-918 and all additional forms and supporting materials are submitted to: VAWA Unit USCIS – Vermont Service Center 75 Lower Welden Street St. Signed Form I-193 for petitioner and each derivative family member who does not have a passport and cannot obtain one.net/ny/family/library. A check or money order for $545 made out the U. supporting request for favorable exercise of discretion and explaining why passport cannot be obtained. Supporting documentation of facts surrounding crime and substantial harm suffered (police..g.cfm?fa=detail&id=165687&appView=folder.14 Copies of identity and status documents (passports.probono. if available. if any. A check or money order for $545 made out the U. e.