Sample Cover Letter For U Visa

Overview

 

Legislation and Statutes

 

Regulations

 

Memos and Agency Decisions

  Requests for Evidence and Notices of Intent to Deny (June 3, 2013)

The purpose of this policy memorandum (PM) is to clarify the role of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in the adjudication of petitions, applications, and other requests. It revises Chapter 10.5(a) of the Adjudicator's Field Manual (AFM) - AFM Update AD12-04.

  Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local and Tribal Criminal Justice Systems (December 21, 2012)

This memorandum provides guidance on the use of U.S. Immigration and Customs Enforcement (ICE) detainers in the federal, state, local, and tribal criminal justice systems. This guidance applies to all uses of ICE detainers regardless of whether the contemplated use arises out ofthe Criminal Alien Program, Secure Communities, a 287(g) agreement, or any other ICE enforcement effort. This guidance does not govern the use ofdetainers by U.S. Customs and Border Protection (CBP). This guidance replaces Sections 4.2 and 4.5 of the August 2010 Interim Guidance on Detainers (Policy Number 10074.1) and otherwise supplements the remaining sections of that same guidance.

  9 FAM

Field Adjudicator's Manual for Department of State with information on U Visas.

  Extension U and T visa 3(Mar. 8, 2011)

This Policy Memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related applications for adjustment of status. 3/2011

  Department of Labor to Certify U Visas (March 15, 2010)

Department of Homeland Security (DHS) regulations (8 C.F.R. 214.4(a)(2)) expressly list certain federal law enforcement agencies that may certify U Visa applications, in the hopes that DOL investigators may detect more information on workplace criminal activity.

  AAO Us can overcome reinstatement, January 2017

Heartfelt thanks to Rekha Sharma-Crawford for pursuing this case to the AAO, vindicating our long-posited argument that a 212(a)(9)(C) waiver eliminates the underlying predicate for 241(a)(5).

 

Case Law

  7th Rejects BIA Khan -(d)(3) waivers for Us in proceedings

Many thanks, again, to Chuck Roth for NIJC for leading this effort. Great job! (Gail Pendleton) Baez-Sanchez v. Sessions, (7th Cir. Oct. 6, 2017), Noncitizens seeking U visas as victims of crime may need to seek waivers for inadmissibility. By regulation, a noncitizen may invoke INA § 212(d)(14) (which is by statute entrusted to DHS) or § 212(d)(3), the general nonimmigrant waiver. The BIA has historically exercised some authority over § 212(d)(3) waivers. In L.D.G. v. Holder, 744 F.3d 1022 (7th Cir. 2014), the Seventh Circuit found that the BIA and IJs had (d)(3) waiver authority as to U visas. The BIA disagreed in Matter of Khan, 26 I&N Dec. 797 (BIA 2016), doubting that (d)(3) waivers were meant for U visa applicants, suggesting that (d)(3) waivers were unavailable to noncitizens except at Ports of Entry, and finding that even if the Attorney General has (d)(3) authority, that it has not been delegated by regulation to the BIA. The Seventh Circuit rejected Matter of Khan in a published decision (Easterbrook, J.). First, the Court rejected the BIA’s finding that IJs lack authority to decide matters except where authority is delegated by regulation. Even without a specific delegation, held the Court, 8 C.F.R. § 1003.10 provides that “IJs may exercise all of the Attorney General’s powers ‘in the cases that come before them’, unless some other regulation limits that general delegation.” Second, while the government’s briefs suggested that U visa waiver authority had been entrusted to DHS rather than to the Attorney General (and thus to IJs), the BIA made no such finding in Khan. Indeed, Khan expressly assumed that the AG may maintain some waiver authority. 26 I&N Dec. at 801. Under the Chenery Doctrine, the government attorneys are bound by the agency’s decision; the government’s attorneys therefore could not defend Khan on the ground that the Attorney General lacks waiver authority by statute. Finally, the Board doubted that (d)(3) waivers could be sought by noncitizens within the U.S. But U visa regulations make no such distinction. Found the Court, “the Secretary of Homeland Security seems to believe that he has the authority to grant waivers of inadmissibility under §1182(d)(3)(A)(ii) to aliens in the United States. See 8 C.F.R. §212.17. If the Secretary can do this, why not the Attorney General?” Baez-Sanchez and L.D.G. are crucial for noncitizen victims of crime facing removal from the United States. Allowing IJs to decide on waiver applications ensures fair process, in-person proceedings, access to counsel, reasoned decision making, and the availability of appellate review. NIJC applauds today’s decision, and will work to ensure fair process for all noncitizens facing removal from the United States.

  Matter of Yauri

Oct. 28, 2009 decision stating: USCIS has exclusive jurisdiction to adjudicate applications for adjustment of status; the BIA generally lacks authority to reopen proceedings under final orders of exclusion, deportation or removal; and the Board will not generally exercise its discretion to reopen proceedings sua sponte for an arriving alien to pursue adjustment of status.

  Matter of Sanchez-Sosa

This case sets criteria for immigration judges considering continuances for U applicants in proceedings. See ICE memoranda for procedure for requesting prima facie determinations from VSC.

  Perez v. Seafood Peddler

The district court order in this non-precedent case prohibited the defendants from asking about the immigration status of a witness or any other person. The court reasoned that allowing such questions would have a "chilling effect" on an individual seeking to prosecute their rights. Further, the Court prohibited inquiry, during the discovery process, regarding the U visa process and whether any person involved in this case has filed a U Visa petition. Moreover, the court adopted the plaintiff's position that 8 U.S.C. 1367 prohibited disclosure of any information relating to the U visa.

  Amicus brief on U visa as admission

This is an amicus brief submitted by AIC, AILA, ASISTA, APIGBV, CLINIC, and other national advocacy organizations discussion whether a U visa constitutes an admission under the INA.

 

Filing a U Visa Case

  Basic Cover Letter Sample

ASISTA staff put together a basic cover letter sample to include with your U-Visa petition. You'll also notice an area in the cover letter to include relevant legal arguments if you are petitioning for an I-192 waiver.

  Basic Cover Letter - Index

In conjunction with the basic cover letter above, ASISTA staff put together a basic document index template.

 

Resources for Working with Clients

This site contains materials for representation for your client, as well as information for the client.

 

  Corrections and Clarifications to Police Report(s)

This form is an opportunity for applicants to correct and/ or clarify a police report. This form would be especially important for cases where a language barrier created misunderstanding or false assumptions.

  Practice Advisory for U visa Conditional Approvals

This practice advisory contains tips to help conditionally approved U visa holders who are waitlisted due to the U visa cap restrictions and covers issues concerning employment authorization as well as strategies for requesting humanitarian parole.

 

Working with Law Enforcement

  DHS U Visa Certification Guide

This guide contains FAQs about U Visas, instructions on how to fill out the form, as well as offers other forms of relief for victims and survivors.

  Training Law Enforcement Agencies on U Visa Certification

This webinar recorded by the Immigration Advocates Network (IAN) and co-sponsored by ASISTA features Co-Directors Gail Pendleton and Sonia Parras discussing best practices and creative ways to reach out to, train and work with law enforcement agencies on U visa certifications.

  Resource List: Working More Effectively with Law Enforcement to Obtain U visa Certifications

Please find attached the results of a joint effort by the AILA VAWA-U-T Committee and ASISTA, Resource List: Working More Effectively with Law Enforcement to Obtain U visa Certifications. We created this list to help you in your advocacy efforts to obtain U visa certs. We hope to update the list annually, so please keep doing great work out there and be ready next year to share the stellar new policies and/or advisories you’ve helped to create. Special thanks to the AILA VAWA, U, and T Committee and ASISTA.

 

Q & A from CIS

  VSC RFE Final Report (October 2013)

The AILA VAWA Committee and ASISTA created the RFE Project to identify significant evidentiary problems. This is the resulting report.

  Notes and Practice Pointers from USCIS, VAWA, U and T visa Stakeholder Events 2016

Notes and Practice Pointers from USCIS, VAWA, U and T visa Stakeholder Events 2016 created in collaboration by ASISTA, AILA VAWA, U and T visa National Committee, Immigration Center for Women and Children (ICWC), Immigration Legal Resource Center (ILRC), Just Neighbors Ministry Inc, and Sanctuary for Families. This advisory contains general information shared by USCIS staff during multiple stakeholder events this year, and we have added practice pointers and clarification where relevant. We realize that with the change of administration, some of these policies or procedures may be changed or delayed, and we will be sure to update the materials as needed.

 

Cases in Proceedings

 

EAD mandamus samples

  Amicus brief on Bona Fide EAD for U applicants

Many thanks to Celso Perez and Kurzban, Kurzban, Weinger, Tetzeli & Pratt for crafting the brief for us, to Julie Carpenter of Tahirih Justice Center and our other core group drafters, and to all the organizations that signed on.

 

Adjustment of Status

 

Derivatives

  Derivative Chart

U Derivatives This chart summarizes situations to consider when working with principals with children. Principal U applicants may file derivative applications for their spouses, unmarried children under 21 and, if the applicant is under 21, for parents and unmarried siblings, INA 101(a)(15)(U)(ii), by filing form I-918A.

  USCIS Policy Memorandum: Age-Out Protections for Derivative U Nonimmigrant Status Holders: Petitions, Initial Approvals and Extensions of Status

This policy memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant petitions that are being held for final adjudication or have had their prior approvals limited in time due to the derivative aging-out. This PM also authorizes the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing the U-3 derivative to remain in U nonimmigrant status past his or her 21st birthday, if necessary. This PM updates the Adjudicator's Field Manual (AFM) by adding Chapter 39.1(f)(4)(v-viii); AFM Update AD11-41.

 

Humanitarian Parole

 

Responding to Discovery

  Sample Motion To Quash

Developed by Stanford Law School's Immigrants' Rights Clinic, in collaboration with Bay Area Legal Aid

  Challenging Discovery (Webinar Recording)

U Visa Discoverability What to Do? This is a webinar Training sponsored by the Family Justice Center Alliance, presented by Susan Breall, Wanda Lucibello, Jonathan Moore, Mike Agnew, and Gail Pendleton. This webinar explores different strategies about how to respond to U visa requests (or other immigration files) in criminal court and may apply to other legal venues as well.

 

Privacy

  8 USC 1367

Link to the Government Printing Office page with 8 USC 1367 relating to penalties for disclosure of information relating to battered or abused immigrants as well as use of information obtained from batterers and their families.

  Perez v. Seafood Peddler

The district court order in this non-precedent case prohibited the defendants from asking about the immigration status of a witness or any other person. The court reasoned that allowing such questions would have a "chilling effect" on an individual seeking to prosecute their rights. Further, the Court prohibited inquiry, during the discovery process, regarding the U visa process and whether any person involved in this case has filed a U Visa petition. Moreover, the court adopted the plaintiff's position that 8 U.S.C. 1367 prohibited disclosure of any information relating to the U visa.

 

Processing U Visas Abroad

  Advanced Issues on U Visa Consular Processing

Information and strategies for how to address issues when presenting U visas for processing abroad. Click here for the PowerPoint presentation. (Webinar presented on February 20, 2013)

 

U Visas in the Employment Context

  Creative Strategies for Outreaching and Working Effectively with Immigrant Survivors of Sexual Violence in the Workplace (Part I)

In light of immigration enforcement and the economic climate, now more than ever, immigrant women are vulnerable to experiencing sexual violence in the workplace. Across the country, immigrant-working women with and without work authorization are subjected to adverse working conditions and victimization at alarming rates. ASISTA, in collaboration with Futures Without Violence, Giselle Hass, Licensed Clinical Psychologist, and William Tamayo, Regional Attorney for the San Francisco Office of the Equal Employment Opportunity Commission (EEOC), is offering a two-part webinar. Part I and Part II of this webinar will provide information and strategies for advocates to use in their work to combat sexual violence in the workplace and assist survivors. PART I During the first 1.5-hour session presenters focus on creative community organizing, screening and outreach strategies to identify survivors. This webinar also introduces basic legal remedies available. (June 24, 2013)

  Effectively Framing a U Visa Labor-Based Application

Gail Pendleton of ASISTA and Eunice Cho of the National Employment Law Project discuss best practices in framing U cases arising in the workplace, including: framing the qualifying crime, obtaining helpful certifications, identifying and presenting substantial harm and inadmissibility waiver arguments; and organizing your application to achieve success. The presenters also discuss strategies for responding to requests for evidence and tackling emerging legal and policy issues arising in this dynamic area of practice. (June 17, 2013)

  Letter to USCIS on Substantial Abuse Determination for Workplace U Visas

This letter is the result of collaboration between NELP, Dr. Giselle Hass, and ASISTA, to develop a framework for USCIS and advocates to identify factors of substantial abuse in workplace cases. The framework builds on theories of abuse suffered by immigrant survivors in cases of domestic and sexual abuse, which form the bulk of cases currently granted U visas. (April 2013)

  DHS-DOL Worksite Enforcement MOU (May, 2016)

NILC and NELP recently updated the fact sheet on the DHS-DOL worksite enforcement MOU in light of the recent announcement that the EEOC and NLRB have been added to the MOU

 

Criminal Issues

  Excerpts from "Living with Silva-Trevino"

Excerpts from the Article "Living with Silva Trevino" by Norton Tooby and National Immigration Project of the National Lawyers Guild 2009. All rights reserved. Research was completed on this version of this article on April 27, 2009. It was revised again on July 14, 2009. This article is a collective effort, based as it is on a number of conversations as well as on the collective wisdom expressed on the internet. Our thanks especially go to Joseph Justin Rollin, Portland, Oregon, and Kathy Brady, Senior Attorney, Immigrant Legal Resource Center, San Francisco, California. Portions were derived from N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude (2008).

  In Re: Sanudo

In Re: Renato Wilhemy Sanudo23 I&N Dec. 968 (BIA 2006).

 

I-192 Waivers

  AAO Decision

This AAO decision makes clear that, although it can't review inadmissibility waivers, it can review inaccurate inadmissibility determinations by VSC.

  Basic Cover Letter Sample

ASISTA staff put together a basic cover letter sample to include with your U-Visa petition. You'll also notice an area in the cover letter to include relevant legal arguments if you are petitioning for an I-192 waiver.

  Basic Cover Letter - Index

In conjunction with the basic cover letter above, ASISTA staff put together a basic document index template.

  (d)(14) Legal Argument Sample 1

This brief, among other things, raises the legal argument that CIS violates the law when it refuses to implement the Congressionally-mandated (d)(14) U waiver standard, a legal argument the AAO should exercise jurisdiction to review.

  (d)(14) Legal Argument Sample 2

This brief, among other things, raises the legal argument that CIS violates the law when it refuses to implement the Congressionally-mandated (d)(14) U waiver standard, a legal argument the AAO should exercise jurisdiction to review.

 

Categories: 1

0 Replies to “Sample Cover Letter For U Visa”

Leave a comment

L'indirizzo email non verrà pubblicato. I campi obbligatori sono contrassegnati *