Final U Visa Training Manual - IRP Public Counsel v.30

3rd EDITION
2018 REVISION
U VISA TRAINING MANUAL

F O R I M M I G R A T I O N A D V O C A T E S
Gina Amato Lough

Teresa Cruz
Elizabeth Alva-Rajakumar
3RD EDITION | 2018 REVISION
U VISA TRAINING MANUAL

FOR IMMIGRATION ADVOCATES
BY
Gina Amato Lough

Senior Supervising Attorney
Immigrants’ Rights Project
e: gamato@publiccounsel.org
Teresa Cruz
Senior Paralegal
Immigrants’ Rights Project
e: tcruz@publiccounsel.org
Elizabeth Alva-Rajakumar
Summer Law Clerk
Loyola Law School, Los Angeles
e: Ealvaraj@lls.edu
Copyright © 2018 by Public Counsel
Editing and Manual Design by César Nije and Anthony Perez
This publication was created to provide you with accurate and authoritative information regarding
the subject matter covered; however, this publication was not necessarily prepared by persons
licensed to practice law in a particular jurisdiction. The publisher is not engaged in rendering legal
or other professional advice, and this publication is not a substitute for the advice of an attorney.
If you require legal or other expert advice, you should seek the services of a competent attorney or
other professional.
Copyright is not claimed as to any part of the original work prepared by a United States
Government officer or employee as part of the person’s official duties.
For authorization to photocopy, please contact the Immigrants’ Rights Project at 610 S. Ardmore
Ave., Los Angeles, CA 90005, USA (213) 385-2977 ext. 600. Please outline the specific material
involved, the number of copies you wish to distribute and the purpose or format of the use.
Visit www.PublicCounsel.org
Public Counsel educates, defends, and advocates for the protection of
immigrants throughout the U.S. Without the aid of a professional, it is
challenging for individuals to understand the federal immigration
bureaucracy and prevail in their legal case. Public Counsel provides
essential services necessary for immigrants to overcome these barriers.
WE EDUCATE
Community Presentations - We host Know Your Rights presentations
and workshops that cover the basics of immigration law, immigration
raids, family preparedness, and educational resources available for
undocumented youth.
Legal Orientations - We provide group and individual legal orientations

to detained adults at several Southern California detention facilities.
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legal education to volunteer attorneys and law students.
WE DEFEND
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representation to released and detained individuals who are in removal
proceedings before the Los Angeles and Adelanto Immigration Courts,
and provide pro bono representation to non-citizens applying for
affirmative immigration relief before the U.S. Citizenship and
Immigration Services.
Pro Bono Program - We intake and match cases with hundreds of

volunteer attorneys who provide pro bono representation with
assistance from Public Counsel’s staff.
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participate in community events and support local and national policy
measures.
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Support Public Counsel with a secure and tax-deductible donation.
Visit www.PublicCounsel.org to learn more.

Table of Contents
1 ............................................................................................... 1
U Visa Overview ............................................................................ 1
Eligibility Requirements ............................................................................ 1
Types of Victims........................................................................................ 2
Benefits of a U Visa .................................................................................. 4
Processing Times ..................................................................................... 5
Travel Outside of the U.S. ........................................................................ 6
Length of Time to Become an LPR or USC .............................................. 6
Individuals with Criminal Histories and Prior Removal Orders ................. 6
2 ............................................................................................... 9
Preparing the U Visa Petition ....................................................... 9
Conduct an Intake Interview ..................................................................... 9
Assess Your Client’s Criminal and Immigration History ......................... 10
Request the U Visa Certification from Law Enforcement ....................... 10
Fill out the Required Forms and Gather Supporting Documents ........... 11
Prepare Your Client’s Declaration .......................................................... 12
Assess Your Client’s Grounds of Inadmissibility & Prepare Waiver
Request ................................................................................................... 13
Gather Supporting Documents ............................................................... 13
Assemble and File Your Client’s U Visa Application .............................. 14
3 ............................................................................................. 15
What to Expect After You File .................................................... 15
Receipt Notices ....................................................................................... 15
Eligibility for Public Benefits .................................................................... 16
Biometrics ............................................................................................... 16
I-797, Notice of Action (“Request for Evidence” or “RFE”) ..................... 16
U Visa Waitlist Notice ............................................................................. 17
Decision .................................................................................................. 17
4 ............................................................................................. 19
Bringing Applicants Living Abroad to the U.S. & Travel in U
Nonimmigrant Status .................................................................. 19
Consular Processing ............................................................................... 19
Travel in U Nonimmigrant Status ............................................................ 22
5 ............................................................................................. 25
Obtaining Work Authorization ................................................... 25
Principal U Visa Applicants Residing in the U.S. .................................... 25
i
Derivative Applicants who Reside Within the U.S................................... 26
U Visa Applicants who reside Abroad ..................................................... 26
6 ............................................................................................. 27
Challenging an Adverse Decision .............................................. 27
Motions to Reopen .................................................................................. 27
Motions to Reconsider ............................................................................ 28
Appeals ................................................................................................... 28
7 ............................................................................................. 29
Closing Your Case with Public Counsel .................................... 29
Appendix ............................................................................... 30
U Visa Regulations ................................................................................... A
Sample Intake Interview Guides in English and Spanish for Principal
Applicants and Derivatives ....................................................................... B
Instructions for Obtaining Client’s Criminal Record ................................. C
Instructions for Obtaining Client’s Immigration History ............................ D
Sample Request for Police Report ........................................................... E
Sample U Visa Certification Request ........................................................F
SB-674 Informational Pamphlet ............................................................... G
U and T Visa Law Enforcement Resource Guide .................................... H
U Visa Certification Protocols for L.A. County Certifiers ............................ I
U Visa Document Checklist....................................................................... J
Immigration and Nationality Act Common Grounds of Inadmissibility –
Q&A .......................................................................................................... K
Sample U Visa Application ........................................................................ L
Sample Receipt Notices ........................................................................... M
Sample Biometrics Appointment Notice ................................................... N
Sample Response to Request for Evidence ............................................ O
Sample U Visa Waitlist Notice.................................................................. P
Sample U Visa Approval Notices (I-918, I-192, I-765) ............................. Q
Sample U Visa Denial Notice ................................................................... R
Consular Processing for Overseas Derivative T & U Family Members,
USCIS Q&A .............................................................................................. S
Sample Cover Letter to U.S. Consulate ....................................................T
Sample DS-160 ........................................................................................ U
Sample Application for Employment Authorization .................................. V
Sample Motion to Reopen....................................................................... W
Sample Closing Letters in English and Spanish ...................................... X
ii
1
Chapter
U V I S A O V E R V I E W
U Visa Overview
The U visa is a temporary form of immigration status that allows
a person to live and work in the United States lawfully.
T
he U visa is a temporary, or nonimmigrant, visa that provides 4 years of lawful
status to immigrants who have been victims of certain serious crimes in the U.S.,
have suffered substantial harm as a result of the crime, and who are helpful to
law enforcement in the investigation or prosecution of the qualifying criminal
activity.
Congress created the U visa with the passage of the Victims of Trafficking and Violence
Protection Act (VTVPA) in October 2000. In passing this legislation, Congress intended
to assist law enforcement agencies by protecting immigrant victims of crime who report
their perpetrators and cooperate in the ensuing criminal investigations or prosecutions.
Eligibility Requirements
• See U Visa The U visa eligibility requirements are outlined in the statute at INA § 101(a)(15)(U)/8
Regulations U.S.C. § 1101(a)(15)(U). There are also U visa regulations, codified at 8 C.F.R. § 214.14,
[Appendix A] that govern the U visa application process. Any practitioner in this area must become
familiar with both the statute and regulations.
To be eligible for a U visa, an individual must:
1. Be a victim of qualifying criminal activity in the U.S.;

2. Have suffered substantial physical or mental abuse as a result of the criminal
activity;
3. Possess information about the qualifying criminal activity;
4. Be helpful in the investigation or prosecution of the criminal activity; and
5. Be admissible to the U.S., or demonstrate eligibility for a waiver.
1
QUALIFYING U VISA CRIMES

◊ Domestic ◊ Abduction ◊ Incest ◊ Sexual Assault
Violence
◊ Abusive Sexual ◊ Kidnapping ◊ Sexual

Contact Exploitation
◊ Felonious ◊ Blackmail ◊ Manslaughter ◊ Slave Trade

Assault
◊ Extortion ◊ Murder ◊ Stalking
◊ Involuntary ◊ False ◊ Obstruction ◊ Torture

Servitude Imprisonment of Justice
◊ Female Genital ◊ Perjury ◊ Trafficking

Mutilation
◊ Peonage ◊ Fraud in Foreign ◊ Prostitution ◊ Witness

Labor Contracting Tampering
◊ Hostage ◊ Rape ◊ Unlawful

Criminal
Restraint
Includes any similar activity where the elements of the crime are substantially
similar. Also includes an attempt, solicitation, or conspiracy to commit any of
these or related crimes.
Types of Victims
Undocumented immigrants who have been direct, indirect or bystander victims of
certain serious crimes in the U.S. may be eligible for a U visa. Principal U visa applicants
may include family members as derivatives, depending on their age and relationship to
the principal, as outlined below.
Principal Applicants
A “principal applicant” is the lead applicant in a U visa case. Principal U visa applicants
are divided into three categories: direct victims, indirect victims, and
bystanders/witnesses.
2
Direct victims of crime are those that were directly and proximately harmed by the
qualifying criminal activity.1
E.g., Elvia was a victim of domestic violence at the hands of her former
boyfriend. She sustained bruising on her body and became depressed as a result
of the abuse. Elvia reported the abuse to the police and cooperated with the
investigation. She qualifies for a U visa as a direct victim of domestic violence.
Indirect victims of crime may also be eligible for a U visa when the direct victim was:
• murdered;
• a victim of manslaughter; or
• incompetent, incapacitated or under 18 (at the time of the crime).2
In these situations, the following family members may qualify as indirect victims: 1) the
spouse of the direct victim; 2) the direct victim’s unmarried children under the age of 21;
3) and, if the direct victim is under 21, her parents and unmarried siblings under the age
of 18.3
E.g., Dulce’s U.S. citizen child was a victim of sexual abuse at the hands of a
family member when she was nine-years-old. Dulce suffered substantial
emotional harm as a result of her daughter’s abuse and cooperated with the
authorities in the investigation of her daughter’s perpetrator. Dulce qualifies for
a U visa as an indirect victim of her daughter’s abuse.
Lastly, one can apply for a U visa as a “bystander” or “witness” if he suffered

“unusually direct injury” resulting from the qualifying crime and was helpful in the
investigation or prosecution of the qualifying criminal activity.4
E.g., When Ruben was a young man, he attended a party with his cousin, Jose.
Ruben and Jose got into a verbal dispute with another party-goer, who opened
fire and killed Jose. Ruben suffered severe emotional trauma due to witnessing
Jose’s murder and later testified against the shooter at trial. Ruben is eligible for
a U visa as a bystander victim.
1 8 CFR §214.14(a)(14).
2 8 CFR §214.14(a)(14)(i).
3 8 CFR §214.14(a)(14)(i).
4 See Preamble at Federal Register, Vol. 72, No. 179, p. 53016-53017 (Sept. 17, 2007).
3
Derivative Applicants
Principal U visa applicants may include family members as derivative applicants

(“derivatives”) on their applications.5 If the principal applicant is:
Under 21 years-old, she may include her spouse, children (under the age of 21
and unmarried), parents, and unmarried siblings under the age of 18.
21 years or older, she may petition only for her spouse and children (under the
age of 21 and unmarried).
The relationship between the applicant and derivative must exist at the time of filing the
U visa application and must continue to exist through the adjudication of the petition
and until the derivative receives U nonimmigrant status. The principal applicant’s age
and the derivative siblings’ age are determined by the date of the I-918 filing.6 That
means that, even if a derivative sibling turns 18 years-old while the U visa application is
pending, she remains eligible for U Nonimmigrant status, as long as the principal
applicant filed the I-918 before her sibling’s 18th birthday.
Family members who were culpable of the qualifying criminal activity may not be
included as derivatives on the case.7
Benefits of a U Visa
There are substantial benefits associated with the U visa. U visa holders receive four years
of lawful status in the U.S8, as well as a work permit, which provides access to a valid
social security number and the ability to work lawfully for the duration of the visa.
U visa applicants are also eligible for public benefits while their applications are pending
with the immigration service. Shortly after the petitioner files her U visa application,
USCIS issues a receipt notice confirming that it has received the application. The
petitioner may take this original receipt notice to her local Department of Public Social
Services Office (DPSS) and apply for CalFresh (food stamps), Medi-Cal, and
CalWORKs (cash aid). These public benefits can be critical for crime victims, domestic
violence survivors in particular, in creating healthy, stable lives for themselves and their
children.
The U visa also provides a pathway to lawful permanent residency and, ultimately, U.S.
citizenship. Three years after the applicant receives her U visa, she may qualify to apply
5 INA §101(a)(15)(U)(ii)
6 8 CFR §214.14(f)(4)(ii)
7 8 CFR §214.14(f)(l)
8 INA §214(p)(6); 8 CFR §214.14(g)
4
for lawful permanent residency;9 five years after that, she may become eligible to apply
for U.S. citizenship.
Another important benefit of the U visa is that it provides generous inadmissibility

waivers. U visa applicants may overcome barriers to relief, such as negative immigration
or criminal histories by filing an I-192 Application for Advance Permission to Enter as
Nonimmigrant, or “waiver request.” Under INA § 212(d)(14), all grounds of
inadmissibility except “Nazi persecution, genocide, torture or extrajudicial killing,” may
be waived, provided that the petitioner can show that it is in the national or public interest
to grant the waiver. These generous waivers enable applicants to overcome grounds of
inadmissibility that may otherwise prevent them from obtaining lawful status in the U.S.
Processing Times
The immigration service may only issue 10,000 U visas per fiscal year.10 Currently, there
are over 100,000 principal U visa applicants waiting for USCIS to adjudicate their
applications, and this number is expected to rise over the years. At the time of this
writing, it takes approximately four years to receive a U visa, but the wait time could
potentially take up to 10 years or more given this growing backlog.
In recent years, USCIS established a U visa wait list for those who appear to meet the
eligibility requirements for U Nonimmigrant status, but who are unable to receive a U
visa at that time due to the backlog. When USCIS places an applicant on the U visa
waitlist, it places that person in deferred action status and makes her eligible for
employment authorization (a.k.a. “work permit”). Once a U visa becomes available,
USCIS will issue the U visa approval notice and new work permit based on U
Nonimmigrant status, both of which are valid for four years.
It is uncertain whether USCIS will continue to utilize a U visa waitlist or issue U visa
decisions as U visas become available, without first placing individuals on the waitlist and
in deferred action status.
9 INA §245(m)
10 Each fiscal year begins October 1st and ends September 30th. Only principal applicants are counted toward
the 10,000 cap.
5
Travel Outside of the U.S.

If your client
expresses an
We strongly recommend that U visa applicants, those in deferred action status and U emergent need to
visa holders refrain from traveling outside of the U.S. There are significant risks leave the U.S. and
associated with traveling outside of the U.S. in U Nonimmigrant status. If a U visa holder travel back to her
remains outside of the country for too long, she may become ineligible to apply for lawful country of origin,
permanent residency. please contact
Public Counsel
To adjust status to become a lawful permanent resident, a U visa holder must show that immediately for
she “has been continuously physically present in the U.S.” for three or more years while guidance.
in U Nonimmigrant status.11 A single absence of more than 90 days or multiple absences
that total more than 180 days taken together may break continuous physical presence,
rendering a U visa holder ineligible for adjustment of status.12
Therefore, U visa holders who are present in the U.S. should not travel outside of the
U.S. until they receive lawful permanent resident status. If they must travel outside of
the U.S. in U Nonimmigrant status due to an emergency, they must undergo consular
processing to re-enter the U.S.
Length of Time to Become an LPR or USC

U visa holders can apply to adjust their status to lawful permanent residence (LPR) once
they have been “physically present in the United States for a continuous period of at least
three years” in U Nonimmigrant status.13 Five years after a U visa holder obtains lawful
permanent resident status, she will become eligible to apply for U.S. citizenship.
Individuals with Criminal Histories and Prior

Removal Orders
An individual with negative immigration or criminal history may still apply and obtain a
U visa. Having a criminal history does not immediately make someone ineligible for a U
visa. USCIS reviews and adjudicates U visa petitions on a case-by-case basis. Even an
applicant with criminal convictions and prior removals can obtain a U visa if she can
show that she merits a positive exercise of discretion.
A U visa applicant with negative immigration or criminal history may overcome these
obstacles by filing form I-192 Application for Advance Permission to Enter as
11 8 CFR §245.24(b)(3); INA §245(m)(l)(A).

12 8 CFR §245.24(a)(1); INA §245(m)(2).
13 8 CFR §245.24(b)(3); INA §245(m)(l)(A).
6
Nonimmigrant, and seeking a waiver of any grounds of inadmissibility that pertain to her
case. The waiver is discretionary, and the applicant must show that it is “in the national
or public interest” to waive the grounds of inadmissibility.14 It is possible to obtain a
waiver of all existing grounds of inadmissibility, except “Nazi persecution, genocide,
torture or extrajudicial killing.15
14 INA §212(d)(14)
15 Id.
7
8
P R E P A R I N G T H E U V I S A P E T I T I O N
2
Chapter
Preparing the U Visa

Petition
Filing a U visa application is a multi-step process that involves
filling out forms, preparing a client declaration, and gathering
supporting documents.
Conduct an Intake Interview

• See Sample In most instances, Public Counsel has already conducted an initial intake interview with
Intake Interview your client to determine eligibility for immigration relief, as well as any grounds of
Guides in inadmissibility that may apply to the case. It is important that you continue to interview
English and
Spanish your client and gather additional facts to assess whether any other grounds of
[Appendix B] inadmissibility may apply in her case.
If you have any Please prepare and submit your client’s U visa application in a timely fashion. Given the
doubts about the current processing delays, it is important that you submit your client’s U visa application
client’s case, as soon as possible to prevent further delays. We respectfully request that you file the U
please contact visa application within six months of receiving the case from Public Counsel unless we
Public Counsel. have highlighted an earlier filing deadline.
It is important that you are familiar with the factual background of your client’s case
before your initial meeting with her. Also, read and review this manual beforehand so
you can answer any questions the client may have. If you have any questions or doubts,
please do not hesitate to contact Public Counsel for technical assistance or guidance.
9
Assess Your Client’s Criminal and Immigration

History
It is important to know your client’s criminal and immigration history so that you can • See Instructions
provide accurate information to the immigration service and request a waiver of the for Obtaining
appropriate grounds of inadmissibility. We strongly recommend that you instruct your Client’s
client to complete a criminal background check with either the FBI, the California Criminal
Record
Department of Justice, or both. The FBI background check may reveal any prior arrests [Appendix C]
and removals that may have occurred throughout the U.S. The California Department • See Instructions
of Justice background check will only reveal prior criminal arrests within the state of for Obtaining
California. When requesting her criminal record, your client should always indicate that Client’s
she is requesting it for personal use. Immigration
History
[Appendix D]
You may also consider submitting a FOIA (Freedom of Information Act) request to the
immigration service to gather more information about your client’s immigration history.
Submit a FOIA request to:
• U.S. Citizenship and Immigration Services (USCIS), if your client has

applied for any other immigration benefit and you want to verify the contents
of that application;
• Customs and Border Protection (CBP), if your client believes she has been
stopped, detained, deported, or removed at or near the border;
• Immigration and Customs Enforcement (ICE), if your client has been

stopped or detained in the interior of the U.S.; and
• Executive Office for Immigration Review (EOIR), if your client has been
or currently is in removal proceedings.
It often takes many months to receive a response to a FOIA request. Therefore, please
move forward with the filing of your client’s U visa application, knowing that you can
supplement your filing in the future with any new information you obtain through the
FOIA process. If you wait until you receive the FOIA results to file your client’s U visa
petition, you may delay the application process significantly.
Request the U Visa Certification from Law

Enforcement
The most critical document that you must obtain before filing a U visa application is the
U visa certification. The U visa certification, or I-918 Supplement B, verifies that your
client was a victim of a qualifying crime and that she has been helpful, is currently being
helpful, or will be helpful in the investigation or prosecution of the criminal activity. It
10
• See Sample
Request for must be signed by a federal, state or local law enforcement agency, prosecutor, or
Police Report criminal court that detected or investigated the criminal activity.”16
[Appendix E]
• See Sample U In January 2016, the State of California implemented SB 674, codified at California Penal
Visa Code §679.10. The law requires law enforcement agencies to sign U visa certifications
Certification
when the applicant has been a victim of a qualifying crime and helpful in the investigation
Request
[Appendix F] of the criminal activity. The law also creates a rebuttable presumption that the crime
• See SB-674 victim has been, is being, or will be helpful in the investigation if she has not refused to
Informational cooperate or failed to assist. Finally, the law requires law enforcement agencies to
Pamphlet respond to U visa certification requests within 90 days, or 14 days if the victim is in
[Appendix G] removal proceedings.
• See U and T
Visa Law
Enforcement
Included in this chapter is a sample U visa certification request, which includes a cover
Resource Guide letter, partially completed I-918 Supplement B and supporting documents, including a
[Appendix H] copy of the client’s identification.
• See U Visa
Certification Please note that, once you receive the certifying official’s signature on the I-918
Protocols for Supplement B, it is only valid for six months. The immigration service must receive
L.A. County the U visa application packet before the six-month expiration date, or you will have
Certifiers to seek re-certification, which is never guaranteed.
[Appendix I]
If you are
uncertain who the
Fill out the Required Forms and Gather Supporting
appropriate Documents
certifying official
would be for your This chapter includes a checklist of all of the forms that you must include in the U visa
case, please application packet. All of the forms are located on the USCIS website at www.uscis.gov.
contact Public The form editions change often, so you should check the website frequently to ensure
Counsel that you are using the most updated version of the form. If you submit an outdated
immediately. edition, the immigration service will reject and return your filing, which could potentially
prejudice your client.
• See U Visa
Document
Checklist In addition to the forms, you should include the following documents in your U visa
[Appendix J] application packet when possible:
• The client’s birth certificate and certified English translation;

• Birth certificates of the client’s children (when applicable);
• An official form of identification;
16 INA §101(a)(15)(U)(i)(III); 8 CFR §214.14(a)(2)
11
• A current passport, if the client has one. (If the client does not have a current
passport, she must request a waiver of that requirement using form I-192,
Application for Advance Permission to Enter as Nonimmigrant.17);
• Any police reports relating to the qualifying crime;
• Hospital or medical records; and
• Letters of support from friends, family members, therapists, pastors, etc.
Prepare Your Client’s Declaration

Every U visa application should include a supporting declaration, which details why your
client is eligible for a U visa. Your client’s declaration is the most important and
compelling piece of evidence in her U visa application. You should write the declaration
in your client’s voice, using language and terms that the client herself would use to
describe her subjective experience.
The declaration should describe your client’s biographical information, the crime of
which she was a victim, the physical and emotional harm she suffered because of the
criminal activity, and her cooperation with law enforcement. You should also include
information that USCIS can take into consideration when determining whether your
client merits a positive exercise of discretion, such as her length of residence in the U.S.,
family ties to U.S. citizens or legal permanent residents, need to access social services in
the U.S., and any other compelling factors.
Please note that it is important to include your client’s subjective voice throughout the
declaration. Instead of simply narrating the sequence of events, please make sure you
include how your client felt during the experiences you describe. The declaration is
particularly important to show that your client suffered substantial emotional harm
because of the qualifying criminal activity. Included in this chapter is a sample
declaration for your review.
17 See INA §212(a)(7)(B)(i)
12
Assess Your Client’s Grounds of Inadmissibility &

Prepare Waiver Request
• See For your client to receive U Nonimmigrant status, she must be “admissible” to the U.S.
Immigration Grounds of “inadmissibility” - such as entering the U.S. without proper entry
and Nationality documents, having prior criminal convictions or removal orders, a history of substance
Act Common
Grounds of abuse, or lacking a valid passport or border crossing card - are barriers to obtaining relief.
Inadmissibility – The applicant must obtain a waiver of these grounds of inadmissibility to become
Q&A “admissible” and therefore eligible for U Nonimmigrant status.
[Appendix K]
The questions on the I-918 Petition for U Nonimmigrant Status are designed to help
you identify potential grounds of inadmissibility. If you answered “yes” to any questions
on the I-918, the facts of your client’s case might trigger the grounds of inadmissibility.
We have included a description of the most common grounds of inadmissibility in the
Index of this manual.
If you need help Almost all grounds of inadmissibility may be waived by filing form I-192 Application for
identifying the Advance Permission to Enter as Nonimmigrant and showing that it is in the national or
grounds of public interest for the immigration service to grant the waiver request.18 In adjudicating
inadmissibility the waiver, USCIS balances the adverse factors of inadmissibility against the social and
applicable to your humanitarian considerations presented and may grant the waiver in the exercise of
client’s case, discretion. You should also include an I-912 Request for Fee Waiver to prevent your
please contact client from having to pay the filing fee associated with the I-192.
Public Counsel.
Also, you may include a supporting declaration setting forth the facts that trigger the
grounds of inadmissibility, as well as the positive discretionary factors that the Service
should consider when adjudicating the waiver application. You may wish to include your
client’s length of residence in the U.S., ties to U.S. citizen or legal permanent resident
family members, participation in their children’s lives, hardships the client’s family would
endure if she were to be deported, and any activities or attributes that show that your
client merits a positive exercise of discretion.
Gather Supporting Documents

Collect additional documentation showing that your client was a victim of a qualifying
crime, that she suffered substantial physical and mental abuse, that she was, is being, or
is likely to be helpful in the investigation or prosecution of the crime, and that she merits
a positive exercise of discretion.
18 See INA §212(d)(14)
13
Examples of supporting documents include:
• Letters of support from family and friends;

• Letter from a therapist detailing the qualifying crime and the harm that your
client suffered;
• Copies of restraining orders;
• Medical records;
• Certificates of completion from any rehabilitative or educational program your
client completed;
• Birth certificates of U.S. citizen children;
• Two passport style photographs (derivative applicants need four photos); and
• A copy of your client’s current passport.19
Assemble and File Your Client’s U Visa Application

Once you have obtained all of the appropriate signatures and supporting documents, it • See U Visa
is time to organize your packet, create a table of contents and prepare your cover letter. Application
The cover letter will serve as a roadmap for USCIS and set forth the reasons why your [Appendix L]
client is statutorily eligible for the U visa and merits a positive exercise of discretion.
If your application includes a derivative family member, create a separate table of

contents and application packet for that individual. Please refer to Index of this manual
for sample applications.
Assemble the packet and bind it with a simple binder clip. There is no need to hole-
punch the packet or have it bound professionally. Once complete, make two copies of Please provide
the final packet, and send the packet with all the original signatures via certified or priority your client with a
mail to the USCIS Vermont Service Center: copy of the U visa
application, email
USCIS Vermont Service Center a copy to Public
At t n : VAW A Un it, Bo x 1000 Counsel, and
retain a copy for
75 Lower Welden Street
your file.
St. Alb an s, VT 05479- 0001
19 If your client does not have a current passport, you can request a waiver of the corresponding ground of
inadmissibility. See INA §212(a)(7)(B)(i).
14
W H A T T O E X P E C T A F T E R Y O U F I L E
3
Chapter
What to Expect After You

File
After filing, expect to receive receipt and biometrics appointment notices from
USCIS, followed by a long wait period before receiving a decision.
Receipt Notices
Within approximately four weeks of filing the U visa application, you should expect to
receive a series of receipt notices, showing that the U.S. Citizenship and Immigration
Services (USCIS) has received the application.
• See Sample You should receive two sets of the following notices:
Receipt Notices
[Appendix M]
• I-797, Notice of Receipt for I-918 Petition for U Nonimmigrant Status
• I-797, Notice of Receipt for I-918 Supplement A (if there are derivative
applicants)
• I-797, Notice of Receipt for I-765 Application for Employment Authorization

(for each I-765 you filed)
• I-797, Notice of Receipt for I-192 Application for Advance Permission to Enter
as Nonimmigrant (if your client has filed a waiver request for grounds of
inadmissibility)
You should instruct your client to carry a copy of the I-918 Petition for U Nonimmigrant
Status receipt notice on her at all times to prove that she has an application for relief
pending before USCIS. While a pending application does not technically prevent your
client’s removal from the U.S., it may help.
15
Eligibility for Public Benefits

Please provide your client with a set of original receipt notices and maintain the duplicate
copies for your file. Now that your client has a receipt notice showing that she has a U
visa application pending before USCIS, she may qualify for public benefits, including
CalWORKs (cash aid), CalFresh (food stamps), or Medi-Cal. She may take these receipt
notices to her local Department of Public Social Services (DPSS) office to apply.
Biometrics
Within approximately 4-8 weeks of filing the U visa application, you will also receive a
Biometrics Appointment Notice for your client. At the appointment, the immigration
service will take your client’s fingerprints and photograph to initiate a criminal
background check.
Your client must take the original appointment notice and a valid official form of ID to • See Sample
the appointment. A consular ID or passport from your client’s country of origin is Biometrics
sufficient identification. If your client does not have an official form of ID, instruct her Appointment
to take her original birth certificate to the Consulate of her country of origin to apply for Notice
[Appendix N]
a Consular ID before the biometrics appointment. It is not necessary for you to attend
the biometrics appointment with your client.
I-797, Notice of Action (“Request for Evidence” or

“RFE”)
After the biometrics appointment, it may be a very long time before you receive news • See Sample
from USCIS. At the time of this writing (July 2018), it takes approximately 3 ½ years to Response to
Request for
be placed on the U visa waitlist in deferred action status. Many individuals spend two or Evidence
more years on the waitlist before receiving their U visas, and others are receiving their U [Appendix O]
visas without first being placed on the waitlist. It is unclear whether USCIS will continue
to use a U visa waitlist, but wait times are expected to increase over time due to the
growing backlog.
If USCIS determines that it needs additional documentation regarding your client’s

eligibility for U Nonimmigrant status, criminal history, merit, or any other issue, it will If you receive an
send you a Notice of Action. This notice is commonly referred to as a “Request for RFE in your case
Evidence,” or “RFE.” and you are
uncertain how to
USCIS will typically provide you with 87 days to respond to the RFE. Your complete respond, soon
response must arrive by the deadline and USCIS will not grant any requests for an after receipt,
extension of time. You may, however, supplement your response to the RFE with the reach out to Public
documentation you acquire after you have submitted your response. Please keep in mind Counsel for
that USCIS may render a decision based upon your incomplete RFE response, so please guidance.
submit the most complete response possible.
16
U Visa Waitlist Notice

• See Sample U Once USCIS reviews your client’s application and determines that she has met the basic
Visa Waitlist U visa eligibility requirements, it may place your client on the U visa waitlist and in
Notice deferred action status, making her the lowest priority for removal. At the time of this
[Appendix P]
writing, it takes approximately four years to receive this initial decision from USCIS.
Once USCIS places your client in deferred action status, she will become eligible for
employment authorization (“work permit”). If you filed an I-765 Application for
Employment Authorization under code (c)(14) (for deferred action status) concurrently
with the U visa application, USCIS will issue your client an employment authorization
document as soon as she is placed on the U visa waitlist. If you did not submit an I-765
under the (c)(14) code concurrently with the U visa application, you can file it after
USCIS issues the notice placing your client in deferred action status.
Your client may remain on this waitlist for at least two years, or until a U visa becomes
available. If the deferred action-based work permit nears expiration while your client is
on the U visa waitlist, you should renew it by filing a new I-765 Application for
Employment Authorization within 120 days of its expiration.
Decision
• See Sample U USCIS will run your client’s fingerprints one more time before issuing the U visa. It is
Visa Approval extremely important that your client avoid contact with law enforcement and notify you
Notices immediately if she is arrested while her U visa application is pending. Please contact
[Appendix Q]
Public Counsel for guidance should this situation occur.
Once a U visa becomes available, USCIS will issue your client approval notices for the
I-918, I-192, and I-765. It will also send your client a new work permit (under code
(a)(19), for U Nonimmigrant status) that is valid for four years, the duration of the U
visa.
The I-918 Approval Notice is the only document your client will receive that proves that
she has lawful status in the U.S. Therefore, it is imperative that you provide your client
with all original notices and instruct her to carry a copy with her at all times.
• See Sample U If USCIS is not inclined to approve the case, it will send you a “Notice of Intent to
Visa Denial Deny,” providing you with one last opportunity to submit evidence on your client’s
Notice behalf. If you are unable to overcome the concerns of USCIS, it will issue a denial notice.
[Appendix R]
You will have 33 days from the date of the adverse decision to file a Motion to Reopen,
Motion to Reconsider or Appeal.
17
18
B R I N G I N G A P P L I C A N T S L I V I N G A B R O A D T O T H E U . S . &
T R A V E L I N U N O N I M M I G R A N T S T A T U S
4
Chapter
Bringing Applicants Living

Abroad to the U.S. &
Travel in U Nonimmigrant
Status
Principal applicants granted U nonimmigrant status may petition to bring certain
derivative family members to the U.S. U visa holders present in the U.S. should refrain
from leaving the country until they obtain lawful permanent residency.
• See Consular For an applicant abroad to travel to the U.S. on an approved U Visa petition, she must
Processing for undergo consular processing at the U.S. Consulate or Embassy in her country of origin.
Overseas The applicant abroad must submit the relevant paperwork and arrange an appointment
Derivative T &
U Family with the U.S. Consulate or Embassy in her country of origin. If the application is
Members, approved, she will receive a stamp in her passport and be able to travel to the U.S. on a
USCIS Q&A U visa.
[Appendix S]
• See Sample U visa holders who are present in the U.S. should not travel outside of the U.S. until they
Cover Letter to receive lawful permanent resident status. If they must travel outside of the U.S. in U
U.S. Consulate
[Appendix T]
Nonimmigrant status due to an emergency, they must undergo consular processing to
re-enter the U.S.
The following includes an outline of the steps your client must take to undergo consular
processing and enter the U.S. with a U visa.
Consular Processing
Outlined below are the general steps that one must follow to undergo consular
processing and enter the U.S. in U Nonimmigrant status. Please refer to the website of
the U.S. Consulate in your client’s country of origin for a detailed description on how to
obtain a Nonimmigrant Visa.
19
Step 1 – Obtain a Valid Passport

Your client will need a valid passport to travel to the U.S. Children under 18 need both
parents’ consent to obtain a passport. If the child is unable to obtain a passport because
both parents will not give their consent, the parent attempting to bring the child to the
U.S. may wish to seek assistance from an attorney in her country of origin to obtain full
custody of the child.
Step 2 – Pay the Fee

Your client must pay a fee, which is currently $160, to initiate consular processing. Please
refer to the website of the U.S. Consulate pertaining to your client’s country of origin for
specific instructions on how to pay the fee. You must keep the receipt of payment to
schedule your client’s visa interview. Please note that this fee is non-refundable and non-
transferrable.
Step 3 - Submit Form DS-160 Online

Complete and submit form DS-160 online. This required form is available at • See Sample
https://ceac.state.gov/genniv/. Each applicant, including children, must complete their DS-160
own DS-160. [Appendix U]
Tips for Completing the DS-160:
• When completing the online Form DS-160, save your work frequently, as the
session will expire after 20 minutes of inactivity.
• Although the application requests that the applicant upload a photo, this is not
required. If you click on the review tab, you may proceed with the application
without the photo.
• Where the application requests your client’s intended length of residence in the
U.S., state “4 years,” which is the length of duration of the U visa.
Step 4 – Schedule a Visa Interview

It is now time for you to schedule your client’s visa interview. Please refer to the website
of the U.S. Consulate pertaining to your client’s country of origin for instructions on
how to schedule the appointment.
You will need the following information to schedule the appointment:
• Your client’s passport number
• The receipt number of the payment
• The ten (10) digit barcode number from your client’s DS-160 confirmation page
20
Step 5 – Compile a Packet for Your Client

You should compile a packet for your client to take for her visa interview. Unless the
U.S. Consulate website says otherwise, the consular processing packet should include the
following documents:
• Cover letter
• Form DS-160 confirmation page
• Receipt for payment
• I-797, Notice of Action I-918, Petition for U Nonimmigrant Status, Approval

Notice (if your client is a derivative applicant, include the I-918 Approval Notice
for the principal applicant as well)
• I-797, Notice of Action I-192, Application for Advance Permission to Enter as

Nonimmigrant, Approval Notice (if applicable)
• Original Birth Certificate with Certified English Translation
• One passport-style photograph
Step 6 – Attend the Interview

Please note that Your client should appear at the specified location at the time of the scheduled interview.
all derivative She should take with her the packet that you compiled for her, as well as a passport with
applicants abroad a validity date that extends through the duration of the visa.
must enter the
U.S. before the Step 7 – Pick up Passport
principal applicant After the interview, the Embassy will instruct your client regarding when and where to
obtains legal
pick up her passport and visa. Once she has the passport and visa, she is free to travel
permanent
to the U.S. She should not delay travel for too long, as she must accrue three years of
resident status.
continuous physical presence in the U.S. in U Nonimmigrant status to become eligible
for legal permanent residency.
Step 8 – Apply for Employment Authorization

Once the U visa holder is in the U.S., you should file Form I-765, Application for
Employment Authorization, so that your client may obtain a valid work permit and social
security number.20
20 File the application under code (a)(19) for principal applicants and (a)(20) for all derivatives.
21
Travel in U Nonimmigrant Status
It is extremely risky for your client to travel outside of the U.S. in U Nonimmigrant
status. If your client travels outside of the U.S., she must undergo consular processing,
described in the previous section, to re-enter the U.S. If she has difficulty re-entering the
U.S. and remains outside the country for more than 90 days in a single trip, or 180 days
over the course of multiple trips, she may become ineligible to adjust status to legal
permanent resident. Therefore, your client should avoid traveling abroad while in U
Nonimmigrant status, unless it is absolutely necessary.
If your client insists on traveling outside of the U.S. due to an emergency, you must carry
out the steps listed below if you want to facilitate your client’s re-entry to the U.S. Please
advise your client that there is no guarantee that she will be allowed to re-enter the U.S.
and that there are serious risks associated with departing the U.S. prior to obtaining legal
permanent resident status.
Step 1 – Determine if your client’s departure from the U.S. will

trigger any additional grounds of inadmissibility.
While your client may have received a waiver for any inadmissibility grounds that applied
to her case at the time she filed her U visa application, a subsequent departure from the
U.S. may trigger the unlawful presence ground of inadmissibility. For example:
• If, after April 1997, your client was present in the U.S. without lawful status for
more than 180 days (but less than one year) before receiving U Nonimmigrant
status, she will trigger a three-year bar upon her departure from the U.S.
• If your client was present in the U.S., after April 1997, without lawful status for
one year or more before receiving U Nonimmigrant status, she will trigger a ten-
year bar upon her departure from the U.S.
If your client triggers the unlawful presence ground of inadmissibility upon her departure
from the U.S., you must file a new request for a waiver of that ground of inadmissibility
using form I-192 Application for Advance Permission to Enter as Nonimmigrant. You
must also request that USCIS expedite the adjudication of the application so that your
client may re-enter the U.S. promptly.
Step 2 – Prepare Form I-192, Application for Advance

Permission to Enter as Nonimmigrant.
If your client’s departure from the U.S. will trigger the unlawful presence bars, you should
prepare a new waiver request (I-192 Application for Advance Permission to Enter as
Nonimmigrant) before her departure. Please be sure to have your client also sign a new
G-28, Notice of Entry of Appearance as Attorney and I-912, Request for Fee Waiver.
22
Step 3 – Submit Form I-192, Application for Advance

Permission to Enter as Nonimmigrant
Immediately upon the client’s departure from the U.S., you should file the new Form I-
192, along with an I-912 Request for Fee Waiver and a G-28 Notice of Entry of
Appearance as Attorney. Include a cover letter that explains the reasons for your client’s
departure and request that USCIS expedite its adjudication of the I-192 Application for
Advance Permission to Enter as Nonimmigrant.
The packet should include the following documents:
• Cover Letter
• G-28 Notice of Entry of Appearance as Attorney
• I-192, Application for Advance Permission to Enter as Nonimmigrant
• I-912, Request for Fee Waiver
• Copy of U Visa Approval Notice
Maintain a copy of the packet for your file and send the original packet to the Vermont
Service Center at the following address:
USCIS Vermont Service Center

At t n : VAW A Un it, Bo x 1000
St. Alb an s, VT 05479- 0001
Step 4 – Request Expedited Adjudication

Once you receive a receipt notice for the new I-192, Application for Advance Permission
to Enter as Nonimmigrant, you should email the Vermont Service Center attorney
hotline at ‘hotlinefollowupI918I914.vsc@dhs.gov’ to request that the Service expedite
the adjudication of the petition.
In the subject line of your email, please be sure to state your client’s name and the receipt
number (beginning with EAC) of the new I-192 petition.
Step 5 – Consular Processing

Once you receive the approval notice for the I-192, you must fax or email it to the U.S.
Consulate abroad and provide your client with a copy. Your client must then undergo
consular processing. Please see the previous section for a description of consular
processing.
23
24
A P P E N D I X
5
Chapter
Obtaining Work
Authorization
U visa petitioners placed on the waitlist are eligible to apply for
work authorization while waiting for additional U visas to become
available.
• See Sample One important benefit of the U visa is that it makes one eligible for employment
Application for authorization, or a “work permit.” The work permit enables U visa holders to become
Employment financially independent and provide for their families without the assistance of public
Authorization
[Appendix V] benefits, which is particularly beneficial for survivors of domestic violence.
To receive a work permit, a U visa applicant must submit an I-765 Application for
Employment Authorization, I-912 Request for Fee Waiver (if eligible), and two passport-
style photographs.
It is best practice to file your client’s application(s) for employment authorization

concurrently with her U visa petition.
Principal U Visa Applicants Residing in the U.S.

The I-918 Petition for U Nonimmigrant Status functions as an I-765 Application for
Employment Authorization. Therefore, when USCIS approves the principal applicant’s
U visa application, it will automatically issue an Employment Authorization Document,
or “work permit,” under code (a)(19) (for U-1 Nonimmigrant status).
However, given the current backlog, USCIS now places U visa applicants on a waitlist
and in deferred action status once it determines that the applicant has met the basic
eligibility requirements for U Nonimmigrant status. At that time, the U visa applicant
becomes eligible for employment authorization under code (c)(14) (deferred action
status). To facilitate your client receiving a work permit as quickly as possible, it is best
that you submit an I-765 Application for Employment Authorization under code
25
A P P E N D I X
Chapt
er
(c)(14)21 at the time that you file your client’s U visa petition. That way, your client will
receive a work permit soon after USCIS places her in deferred action status and on the
U visa waitlist.
Derivative Applicants who Reside Within the U.S.

Derivative applicants do not automatically receive work permits when USCIS approves
their U visa petitions. They should, therefore, submit two I-765 Applications for
Employment Authorization with their U visa petitions: 1) one form should list code
(c)(14), for deferred action status; 2) one form should list code (a)(20), for U
Nonimmigrant Status. Two passport style photos should accompany each I-765
application.
U Visa Applicants who reside Abroad

U visa applicants who reside outside of the U.S. may not apply for employment
authorization until they have entered the U.S. with their U visas. Once your client is
consular processed and enters the U.S. with her U visa, she may submit an I-765,
Application for Employment Authorization to obtain a work permit.
21 Write this code in response to question #20 on the I-765, Application for Employment Authorization.
26
A P P E N D I X
6
Chapter
Challenging an Adverse
Decision
You may challenge an adverse decision by filing a Motion to Reconsider or Motion to
Reopen with the Vermont Service Center or an Appeal with the Administrative Appeals
Office (“AAO”).
If USCIS denies your client’s U visa application, you may file an I-290B, Notice of
Appeal or Motion within 33 days of the date of the adverse decision22. A motion to
reopen is based on documentary evidence of new facts; a motion to reconsider is based
on a claim of an incorrect application of law or policy to the adverse decision. By
submitting an appeal, you are requesting that the AAO review the Vermont Service
Center’s adverse decision.
You should include a new G-28 Notice of Entry of Appearance of Attorney, I-912
Request for Fee Waiver (if your client is eligible), cover letter and supporting evidence.
You should file your packet with the Vermont Service Center or the USCIS service
center that issued the adverse decision.
Motions to Reopen
• See Sample A motion to reopen must state new facts and be supported by new documentary
Motion to evidence. 23 You must submit new facts and evidence to show that your client was
Reopen eligible at the time she filed her initial U visa application. While you may resubmit
[Appendix W]
evidence that you previously provided to highlight your arguments, you may not
rely solely on evidence that already exists in the record.
22 8 C.F.R. § 103.8(b)
23 8 C.F.R. § 103.5(a)(2).
27
A P P E N D I X
Motions to Reconsider
A motion to reconsider must establish that the adverse decision was based on an
incorrect application of the law and that the decision was incorrect based on the evidence
in the record at the time of the decision.24 The AAO will not consider new facts or
evidence in a motion to reconsider.
If you file a motion to reconsider, you must provide the citations to the statute,
regulation, or precedent decisions that serve as the basis for your motion to reconsider.
The motion must establish that the decision was based on an incorrect application of
law or policy and that the decision was incorrect based on the evidence of record at the
time of the decision.
Appeals
An appeal is a request to a different authority to review an unfavorable decision. You
may appeal an adverse USCIS decision to the AAO. When you appeal a decision to the
AAO, the Vermont Service Center will first review the appeal to determine whether to
grant it. The Vermont Service Center will treat the appeal as a motion to reopen or a
motion to reconsider and approve the application or petition, or forward the appeal and
the related record of proceedings to the AAO to issue a new decision.
While you are not required to submit a brief with your appeal, we recommend that you
do. You may submit your brief and supporting documentation at the time you file Form
I-290B or within 30 days of filing. Any brief or additional evidence submitted after the
initial filing of Form I-290B must be submitted directly to the AAO.
24 8 C.F.R. § 103.5(a)(3).
28
A P P E N D I X
7
Chapter
Closing Your Case with

Public Counsel
It is important to properly close your case with Public Counsel.
Congratulations! You have undoubtedly waited a long time for a decision from USCIS,
and your hard work has finally paid off. Your client’s U visa petition and waiver request
have been approved, all derivatives abroad have consular processed into the U.S., and all
applicants have received work permits. It is now time to close out your case.
• See Sample Please refer to the instructions below and complete these steps promptly so that we at
Closing Letters Public Counsel may close out the matter on our end.
in English and
Spanish
[Appendix X]
1. Review the file and remove all of the client’s original documents.
2. Prepare a closing letter for the client, informing her of the following: when she
will become eligible to apply for lawful permanent resident status, the risks of
travel, the requirement to report address changes to the immigration service and
other critical information. Please refer to the sample closing letters in this
chapter, which we provide in English and Spanish, and use these letters as
templates for your closing letter.
3. Provide your client with the closing letter, the original approval notices, work
permit, and a copy of her U Visa petition. Also, return any other original
documents to your client.
4. Provide Public Counsel with a copy of the following: closing letter, approval
notices, work permit, U Visa petition, number of attorneys and paralegals who
worked on the case, and the amount of time spent working on the case.
Thank you so much for volunteering with Public Counsel and making a huge positive
impact on the lives of our clients. We hope that you will continue to volunteer with us
and support our work on behalf of immigrant crime victims.
29
Appendix
A. U Visa Regulations
B. Sample Intake Interview Guides in English and Spanish for Principal Applicants and
Derivatives
C. Instructions for Obtaining Client’s Criminal Record
D. Instructions for Obtaining Client’s Immigration History
E. Sample Request for Police Report
F. Sample U Visa Certification Request
G. SB-674 Informational Pamphlet
H. U and T Visa Law Enforcement Resource Guide
I. U Visa Certification Protocols for L.A. County Certifiers
J. U Visa Document Checklist
K. Immigration and Nationality Act Common Grounds of Inadmissibility – Q & A
L. Sample U Visa Application
M. Sample Receipt Notices
N. Sample Biometrics Appointment Notice
O. Sample Response to Request for Evidence
P. Sample U Visa Waitlist Notice
Q. Sample U Visa Approval Notices (I-918, I-192, I-765)
R. Sample U Visa Denial Notice
S. Consular Processing for Overseas Derivative T & U Family Members, USCIS Q&A
T. Sample Cover Letter to U.S. Consulate
U. Sample DS-160
V. Sample Application for Employment Authorization
W. Sample Motion to Reopen
X. Sample Closing Letters in English and Spanish

U Visa Regulations
Appendix A
removal. Immigration and Customs Enforcement, Department of Homeland Security, Detention
and Deportation Officer's Field Manual, ch. 20.8 (2005). Deferred action does not confer any
immigration status upon an alien.
\4\ The AG Guidelines, and some of the aforementioned statutes, also include pecuniary crimes
within the scope of qualifying activities. The BIWPA, however, limits the qualification
requirements to aliens who suffer substantial physical or mental abuse and did not expressly
reference pecuniary crimes. Therefore, pecuniary crimes are not included as qualifying criminal
activities for U nonimmigrant status. In addition, the AG Guidelines include business entities in
the definition of “victim.” USCIS, however, onl y grants non-immigrant status to individuals, not
to business entities and therefore limits the definition of “victim” under this rule to persons.
\5\ Qualifying children also must be unmarried. See INA § 101(b), 8 U.S.C. 1101(b).
\6\ A fee waiver is available for the Form I-918 filing fee. Fee waivers are governed by 8 CFR
103.7(c).
\7\ An order of deportation is an order issued prior to April 1, 1997, in deportation proceedings,
to an alien physically present in the United States requiring the alien to leave the United States.
See INA § 242B, 8 U.S.C. 1252b (1996) repealed by IIRIRA, Pub. L. 104-208, div. C., §
308(b)(6), 110 Stat. 3009, 3615 (effective April 1, 1997). An order of exclusion is an order
issued prior to April 1, 1997, in exclusion proceedings, that refuses the admission to the United
States of an alien who is physically out side the United States (or who is treated as being so).
See generally INA § 236, 8 U.S.C. 1226 (1996) (amended by IIRIRA § 303(a), 110 Stat. at
3585). Since April 1, 1997, there has been one unified removal process for persons formerly
subject to deportation and exclusion proceedings; this process may result in the issuance of a
removal order by either DHS or an immigration judge. INA § 240(a)(3), 8 U.S.C. 1229a(a)(3)
(added by IIRIRA sections 304(a)(3) & 309(d)(2), 110 Stat. at 3587-3589, 3627). During pro
ceedings, DHS or an immigration judge makes a determination regarding whether an alien is
removable from the United States. INA § 240(c)(1), 8 U.S.C. 1229a(c)(1). If such a
determination is made, a removal order is issued ordering the alien to leave the United States.
INA § 240(c)(5), 8 U.S.C. 1229a(c)(5). The alien must leave the United States on his or her
own, or will be returned to his or her country of origin (or in some cases to a third country that
agrees to accept that person) by the United States. See INA sections 240B & 241, 8 U.S.C.
1229c & 1231.
\8\ The Immigration Court and Board of Immigration Appeals are within the Department of
Justice's Executive Office for Immigration Review. See 8 CFR 1003.0(a).
\9\ ICE counsel are authorized to represent DHS in Immigration Court and before the Board.
See 6 U.S.C. 252(c); DHS Delegation No. 7030.2, para. 2(C).
\10\ While this rule specifically addresses joint motions to terminate, it does not preclude the
parties from requesting a continuance of the proceeding.
\11\ Removal proceedings are initiated when an alien is provided notice of proceedings through
the service of a Notice to Appear. The contents of the Notice to Appear are prescribed in section
239(a)(1) of the Act.
\12\ A visa exempt alien is an alien for whom a valid, unexpired passport is not required for
admission to the United States. INA § 212(d)(4)(B), 8 U.S.C. 1182(d)(4)(B); 8 CFR 212.1(i).
\ fr \ Federal Register Publications (CIS, ICE, CBP) \ Federal Register Publications (CIS, ICE, CBP) - 2007 \ FEDERAL
REGISTER INTERIM REGULATIONS - 2007 \ New Classification for Victims of Criminal Activity; Eligibility for ?U?
Nonimmigrant Status [72 FR 53014][FR 48-07]
Previous Document Next Document
Sample Intake
Interview Guides in
English and Spanish
for Principal
Applicants and
Derivatives
Appendix B
U VISA INTERVIEW GUIDE
INTERVIEWER: __________
BACKGROUND INFORMATION Date: _____/_____/_____
1. Name _______________________________ Aliases _______________________________
2. Date of birth ________________________ Place of Birth___________________________
3. Address:__________________________________________________________________
___________________________________________________________________
Alternate Address: ___________________________________________________________
4. Telephone Numbers: Home _____________________ Work: __________________

Message: __________________
5. Are you married?  Yes  No
6. If yes, what is your spouse’s status?  U.S. citizen  LPR  Other ______________
7. Do you have children?  Yes  No

If yes, list ALL children:
Child’s Name Birth Date Age Place of Birth Where does s/he live? Immigration Status
Page 1 of 10
8. Do you have unmarried siblings under 18?  Yes  No
If yes, list ALL unmarried underage siblings:
Sibling’s Name Birth Date Age Place of Birth Where does s/he live? Immigration Status
VICTIM OF CRIMINAL ACTIVITY

9. Of what type of criminal activity were you a victim?
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
10. Name of the person who engaged in the criminal activity, and his/her date of birth, if known:
Name: _______________________________________ DOB: ________________________
11. What is your relationship to the person who engaged in the criminal activity?
___________________________________________________________________________
___________________________________________________________________________
12. When did the criminal activity occur? Date or Dates: _______________________________
___________________________________________________________________________
13. Where did the criminal activity occur? ________________________________________

________________________________________________________________________
Page 2 of 10
14. Did you report the criminal activity?  Yes  No
If yes, please answer the following questions:
a) To which police station did you report the criminal activity? ________________________
___________________________________________________________________________
b) Name of the detective/officer: ________________________________________________
c) Telephone Number for the detective/officer: _____________________________________
d) Police Report No.______________________
15. Was the perpetrator arrested?  Yes  No  Don’t know

If yes, for what crime was the perpetrator arrested?
___________________________________________________________________________
If no, why not?
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
16. Were charges filed in court?  Yes  No  Don’t know

If charges were filed, in which court were they filed: ________________________________
Case Number: _______________________________________________________________
What charges were brought? ___________________________________________________
If no charges were filed, why not? _______________________________________________
___________________________________________________________________________
17. Was the perpetrator convicted?  Yes  No

If yes, what was the sentence? __________________________________________________
18. Name of the DA or City Attorney who prosecuted the case:

_____________________________________________________________________
Telephone Number ___________________________
Page 3 of 10
19. Have you cooperated with law enforcement in the investigation or prosecution of the crime?
 Yes  No
If yes, describe how you cooperated and with whom you cooperated:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
If no, why not: ______________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
If possible, would you be willing to cooperate? ____________________________________
___________________________________________________________________________
___________________________________________________________________________
Is there a law enforcement official, or judge that may be willing to provide a certification?
___________________________________________________________________________
___________________________________________________________________________
NOTES on criminal activity/victim:
___________________________________________________________________________
___________________________________________________________________________
SUBSTANTIAL HARM SUFFERED BY CLIENT

20. Have you suffered physical injuries as a result of this crime? If yes, please describe:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
21. Have you suffered emotionally as a result of this crime? If yes, please describe:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Page 4 of 10
Checklist of types of harm suffered:
** NOTE TO ADVOCATE: Read checklist to client and circle those that apply
Social isolation (victim can't: use phone, talk to family, no friends allowed)
Obsessiveness and possessiveness (jealousy, accusations of infidelity)
Threatens to kill or harm (victim/property/children/animals)
Economic abuse (controls all money, prevents her from getting a job, takes her money)
Verbal abuse (name-calling, humiliates, constant criticism of herself/family)
Threatens to deport (client, children, family)
Threatens to take children away
____Kicked out of house or threatens to do so
Has your husband/abuser's family ever harmed or threatened to harm you? Describe:
________________________________________________________________________
________________________________________________________________________
____Other (please describe): _________________________
________________________________________________________________________
22. Were your children harmed as a result of this crime?  Yes  No If yes, please describe:
___________________________________________________________________________
___________________________________________________________________________
23. For applicants under 21: Were any of your unmarried siblings under 18 harmed as a result of
this crime?  Not applicable  Yes  No
If yes, please describe how they were harmed: _____________________________________
___________________________________________________________________________
___________________________________________________________________________
Page 5 of 10
24. Were there other witnesses or victims?  Yes  No
If yes, who? ________________________________________________________________
Are you in contact with them?  Yes  No
If yes, where are they? ________________________________________________________
If no, can you find them?  Yes  No
NOTES on substantial harm suffered:

______________________________________________________________________________
______________________________________________________________________________
INADMISSIBILITY ISSUES
Unlawful Presence
25. When did you first enter the U.S? ________________ Place of entry: __________________
26. How did you enter the U.S? ____________________________________________________
27. Have you left the U.S. since your first entry?  Yes  No
If yes, give details of each entry and exit:
Departure Date Arrival Date Manner of entry Place of entry Detained by
immigration?
Criminal History
28. Have you ever been arrested?  Yes  No
If yes, complete the following:
Date Charge Convicted Y/N? Sentence or Outcome
Page 6 of 10
Prior Removals
29. Have you ever been before an Immigration Judge?  Yes  No
If yes, please explain why you were put in deportation proceedings? ____________________
___________________________________________________________________________
___________________________________________________________________________
For what relief did you apply? __________________________________________________
What was the outcome? _______________________________________________________
30. Have you ever been stopped or detained by INS, CIS, ICE or CBP?  Yes  No
If yes, please explain: _________________________________________________________
___________________________________________________________________________
When?_____________________________________________________________________
Outcome?__________________________________________________________________
31. Have you ever been ordered deported or removed from the U.S?  Yes  No
If yes, when? __________________________
Were you (check one):
__ Involuntarily deported (removed by the USCIS)
__ Granted (and complied with) Voluntary Departure
__ Granted Voluntary Departure but never left
Miscellaneous Inadmissibility Issues

32. Do you suffer from any serious medical condition or contagious disease?  Yes  No
If yes, please give details about your illness and treatment: ___________________________
__________________________________________________________________________
33. Have you engaged in prostitution in the U.S. or anywhere in the world?  Yes  No
If yes, please give more information: ____________________________________________
___________________________________________________________________________
Page 7 of 10
34. Have you received public benefits?  Yes  No
35. Were the benefits provided for:  applicant  applicant’s children

Please explain: ______________________________________________________________
___________________________________________________________________________
36. Have you ever claimed or made any representation that you are a United States Citizen?
 Yes  No Please explain: ________________________________________________
NOTES on inadmissibility issues: _________________________________________________

______________________________________________________________________________
Miscellaneous
36. Do you have any other family in the U.S.?  Yes  No
Parents?  Yes  No
Immigration status:  U.S. citizen  LPR  Other _________________________
Children?  Yes  No
Siblings?  Yes  No
Other: _______________:  Yes  No
Immigration status?  U.S. citizen  LPR  Other _________________________
37. Do you want to apply for visas for your family?  Yes  No
If yes, circle all that apply:
Mother, Father, Spouse, Children, Sibling(s) (Only if the applicant is under 21 and the
sibling is both unmarried and under 18.)
38. What is your current immigration status?__________________________________________
Page 8 of 10
39. Have you filed any applications with USCIS?  Yes  No
If yes, for what did you apply and what was the outcome: ____________________________
___________________________________________________________________________
Supporting Documents
Do you have any of the following or can you obtain these documents?
 Police Report(s):
Date: _________________________ Agency: _______________________
 Conviction Documents/ Case Disposition:

Date Convicted: ________________ Court Name: ____________________
 Restraining Order: Date Obtained ______________________

 Certification from law enforcement:
Date: ____________ Name of agency/official: _________________________
 Photographs of Injuries
 Medical Report:
Date: _______________ Hospital: ____________________________________
 DV Counseling Letter:
Date: ________________ Agency or Counselor’s Name: ___________________
 Letter from Battered Women’s Shelter:

Date: ________________ Name of Shelter: ______________________________
 Declaration of Witness:
Name: _______________ Relationship: _________________________________
Name: _______________ Relationship: _________________________________
 Client Declaration
 Other Documents: _______________________________________________________
Page 9 of 10
FOR ADVOCATE: If client has a potential U Visa case, evaluate if they should apply for
interim relief:
 Is the client a direct victim of a criminal activity described in INA §101(15)(U)?
 Is the crime listed in the statute?
 Was the crime committed in the U.S fairly recently

OR
 Is the investigation/prosecution of the crime ongoing?
 Has client cooperated with law enforcement?
 Will law enforcement sign the Certification?
 Can client show “substantial” physical/mental harm?
 Is there strong corroborative evidence of harm?
 Does client have other avenues of immigration relief?

OR
 Does client have existing immigration status?
 No inadmissibility issues are present
 Client has been advised of the dangers in applying for interim relief and has consented
Page 10 of 10
INTERVIEW GUIDE FOR U-VISA DERIVATIVE
Background Information INTERVIEWER: ____________

DATE: _____/_____/_____
1. Name ___________________________ Aliases ___________________________________
2. Date of Birth____________ Age ____________ Place of Birth________________________
3. Name of U-Visa principal _____________________________________________________
4. Age of U-Visa Principal ________ Relationship to U-Visa Principal __________________
5. Address:__________________________________________________________________
___________________________________________________________________
Alternate Address: ___________________________________________________________
6. Telephone Numbers: Home _____________________ Work: __________________

Message: __________________
INADMISSIBILITY ISSUES
Unlawful Presence
7. When did you first enter the U.S? ________________ Place of entry ___________________
8. How did you enter the U.S? ____________________________________________________
9. Have you left the U.S. since your first entry?  Yes  No
If yes, give details of each entry and exit:
Departure Date Arrival Date Manner of entry Place of entry
Page 1 of 4
Criminal History
10. Have you ever been arrested?  Yes  No
If yes, complete the following:
Date Charge Convicted Y/N? Sentence or Outcome
Prior Removals
11. Have you ever been before an Immigration Judge?  Yes  No
If yes, please explain why you were put in deportation proceedings? ____________________
___________________________________________________________________________
___________________________________________________________________________
For what relief did you apply? __________________________________________________
What was the outcome? _______________________________________________________
12. Have you ever been stopped or detained by INS, CIS, ICE or CBP?  Yes  No
If yes, please explain: _________________________________________________________
___________________________________________________________________________
When?_____________________________________________________________________
Outcome?__________________________________________________________________
13. Have you ever been ordered deported or removed from the U.S?  Yes  No
If yes, when? __________________________
Were you (check one):
__ Involuntarily deported (removed by the USCIS)
__ Granted (and complied with) Voluntary Departure
__ Granted Voluntary Departure but never left
Page 2 of 4
Miscellaneous Inadmissibility Issues
14. Do you suffer from any serious medical condition or contagious disease?  Yes  No
If yes, please give details about your illness and treatment: ___________________________
__________________________________________________________________________
15. Have you engaged in prostitution in the U.S. or anywhere in the world?  Yes  No
If yes, please give more information: ____________________________________________
___________________________________________________________________________
16. Have you received public benefits?  Yes  No
17. Were the benefits provided for:  Applicant  Applicant’s children

Please explain: ______________________________________________________________
___________________________________________________________________________
18. Have you ever claimed or made any representation that you are a United States Citizen?
 Yes  No Please explain: ________________________________________________
MISCELLANEOUS
18. Do you have any other family in the U.S.?  Yes  No
Parents?  Yes  No
Children?  Yes  No
Siblings?  Yes  No
Other: _______________:  Yes  No
Immigration status?  U.S. citizen  LPR  Other _________________________
19. Have you filed any applications with USCIS?  Yes  No

If yes, describe what you applied for, when and the outcome:
Page 3 of 4
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
SUPPORTING DOCUMENTS
Do you have any of the following or can you obtain these documents?
 Birth Certificate
 Marriage Certificate
 Passport
 Any Other Form of Identification
 Other Identity Document
 Documents Showing Qualifying Relationship __________________________
Page 4 of 4
Instructions for
Obtaining Client’s
Criminal Record
Appendix C
INSTRUCTIONS FOR OBTAINING YOUR CRIMINAL RECORD
FROM THE FEDERAL BUREAU OF INVESTIGATION AND
THE CALIFORNIA DEPARTMENT OF JUSTICE
To obtain a copy of the federal government’s file of your criminal record, please go to
CARECEN, the Central American Resource Center, to have your digital fingerprints taken to
send to the Federal Bureau of Investigation (FBI). You must bring a photo ID and a money
order for $18.00 to cover the cost of the FBI criminal record request. You may request that the
results be sent directly to your address or you may bring the fingerprints to your attorney if you
prefer that the results be sent to your attorney’s office. In addition, CARECEN requests a
donation of $25 for taking your fingerprints. CARECEN is located at 2845 West 7th Street, Los
Angeles, CA 90005, and is open Mondays 9am – 4pm and Wednesday & Friday 9am – 12pm.
The telephone number is (213) 385-7800.
To obtain a copy of the file of your criminal record for the State of California, which is
maintained at the California Department of Justice (“DOJ”), you must go to a “live scan” service
site. You must bring a photo ID, a money order for $32.00 to cover the cost of California DOJ
criminal record request, and the sheet included with this letter to a live scan service site. You
can find a list of live scan service sites at http://ag.ca.gov/fingerprints/publications/contact.php.
If you do not have internet access or otherwise cannot locate a site, you may wish to go to the
following location, which has a fee of $20.00, for live scan services:
American Live Scan & Notary Services

3580 Wilshire Blvd.
Suite 132
Los Angeles, CA 90010
Tel: (213) 386-1038
Monday – Friday 8:30am – 6pm and Saturday 9:30am – 5pm
It is important that you obtain these records as soon as possible. In addition, if your mailing
address is not safe or if you are planning to move to a new address, please use your attorney’s
address.
Instructions for
Obtaining Client’s
Immigration History
Appendix D
Instructions for Obtaining Client’s Immigration History
The Freedom of Information Act (FOIA) provides the general public with an avenue to request
access to a variety of public information from federal agencies. All federal agencies are required
under the FOIA to disclose such records and information upon receiving a written request. To
obtain your client’s immigration history, you will need to file a FOIA Request. This allows you to
get documentation that details your client’s encounters with immigration agencies such as U.S.
Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), Immigration
and Customs Enforcement (ICE), Executive Office for Immigration Review (EOIR), and the
Department of State (DOS). Each agency has their own process for requesting records.
Once received, the FOIA request will give you a copy of almost all of your client’s documents that
you specified in the request. Please note that some of the documents may be redacted or not
included.
Below is a table that lists common types of requests and where to submit the request.
Type of Record/Request Where to Submit FOIA Request

 A-file USCIS
 Certification of Non-Existence of a Record
*(USCIS, Records Operation Branch)
 Deportation Records
 Detention and Removal Records
 EB-5 Regional Centers
 Family History Research *(USCIS,
Genealogy)
 Immigration Data/Statistics
 Privacy Act Amendments
 Petitions (I-130, I-485, I-589, N-400, etc.)
 USCIS Background Investigations
 USCIS Contracts
 USCIS Grants
 USCIS Personnel Records
 USCIS Vacancy Announcements
 Apprehensions by Border Patrol between CBP
Official Ports of Entry *(Note: CBP does
not have complete records of
apprehensions made by Border Patrol
before 2000. Records of apprehensions
made by Border Patrol before 2000 may
be available in the A-File maintained by
USCIS)
 CBP Background Investigation
 CBP Contracts
 CBP Human Resources
 Detention by Border Patrol or at Ports of
Entry
 Expedited Removal by Border Patrol or at
Ports of Entry
 I-94 Records
 Importer Trade Activity (ITRAC) Requests
(CBP and ITRAC)
 Information Regarding Entry and Exit
*(Note: CBP does not have records on the
entry and exit of persons arriving or
departing the U.S. before 1982)
 Passenger Name Records (PNR) (Travel
Industry Reservation CBP Data)
 Records Regarding Inspections or
Examination upon Arrival at a U.S. Port of
Entry
 Voluntary Return
 Bond Obligor Requests ICE
 Medical Records (While in Detention)
 Student and Exchange Visitor Information
System (SEVIS) (F-1, F-3, J-1, M-1, I-20
visas)
 Applications from U.S. citizens for U.S. DOS
passports
 Visa Requests from Non-Citizens to Enter
the U.S.
Instructions for Requesting CBP Records

CBP has an electronic FOIA Request form that can be accessed at
https://www.foiaonline.gov/foiaonline/action/public/request. The form asks for the following
information:
 Agency selection (select CBP)

 Request type (select FOIA)
 Contact information (name, email address, organization, phone number, fax number,
address)
 Processing fees: how much you are willing to pay
 Description: enter a detailed description of the desired records. You can include
additional information by attaching supporting documentation. Include dates, times,
officer names if available, certificate numbers, type of document, entry numbers, etc.
The more detail you can provide, the better chances you will receive the information you
are looking for. *Note: Travel Records only go back to 1982.
 Whether you are requesting expedited processing
 Whether you are requesting a fee waiver
 An option to attach supporting files
 If you are requesting records on behalf of your client, it is recommended that you use
Form G-28 or submit a written notarized consent
Instructions for Requesting USCIS Records

Before filing a FOIA/Privacy Act request with USCIS, visit the USCIS Electronic Reading Room to
ensure that USCIS has not already proactively released the records you are requesting.
Instructions for Requesting USCIS Records
Unless otherwise noted below, mail or fax all requests to USCIS records, including alien files and
procurement information, to the National Records Center.
U.S. Citizenship and Immigration Services

National Records Center, FOIA/PA Office
P.O. Box 648010
Lee's Summit, MO 64064-8010
USCIS Contact Center: 800-375-5283 or TTY 800-767-1833
Fax: 802-288-1793 or 816-350-5785
uscis.foia@uscis.dhs.gov
 You must submit your FOIA request in writing. You can use Form G-639, but it is not
required.
 Please see the Freedom of Information Request Guide (PDF, 295 KB) for detailed
information necessary to process your request.
 If you are able to scan the subject of record's notarized signature or signature made
under the penalty of perjury, attach it to an email and send it to uscis.foia@uscis.dhs.gov.
We will accept this email as your FOIA request.
 USCIS does not collect Social Security numbers in connection with FOIA or PA requests.
When forwarding any documents to USCIS related to a FOIA or PA request, please blank
out or remove all Social Security numbers.
Instructions for Requesting ICE Records

ICE has an electronic FOIA Request form that can be accessed at
https://www.ice.gov/webform/foia-request-form. The form asks for the following information:
 Contact information (name, address, city, state, zip code, daytime phone number, fax
number and email)
 Describe the type(s) of document(s) you are requesting: Enter company name, address,
and any other information relevant to the request
 Select a suitable description of yourself and the purpose of the request:
o An individual seeking information for personal use and not for commercial use. If
the subject matter of your request is yourself, ICE staff may contact you to verity
your identity
o Affiliated with an educational or noncommercial scientific institution, and this
request is made for a scholarly or scientific purpose and not for commercial use.
o Affiliated with a private corporation or law firm and seeking this information for
use in the company's business
o A representative of the news media and this request is made as part of news
gathering and not for commercial use.
 FOIA allows agencies to charge fees for processing FOIA requests:
o Enter the maximum amount that you are willing to pay
Instructions for Requesting EOIR Records

FOIA requests for EOIR may be submitted to the following physical or email address:
Office of the General Counsel
Attn: FOIA Service Center
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1903
Falls Church, VA 22041
EOIR.FOIARequests@usdoj.gov(link sends e-mail)
A FOIA request should reasonably describe the records sought and include identifying
information. For example, if a FOIA request seeks a record of proceedings, your request, if
possible, should include the immigrant’s full name, aliases, immigration hearing location, and
alien registration (A) number (if known). If the A number is not known or the case occurred
before 1988, please provide the date of the Order to Show Cause, the country of origin, and the
location of the immigration hearing.
Requests for Your Own Records
To ensure that privacy protected information is not improperly released, a request seeking
records regarding yourself must verify your identity. The FOIA Service Center recommends
providing a notarized original signature or submitting an original signed Form DOJ-361,
Certification of Identity (PDF).
Requests for Records Regarding a Person That is Not the Requester
Requests for information about a person other than the requester require proper authorization
allowing release of the information. If you are seeking non public information, such as the record
of proceedings before an immigration court regarding a person that is not you or a person you
represent, the FOIA Service Center recommends that you include in your request an
authorization to release information from the person who is the subject of the request, or an
explanation about how the public interest outweighs the privacy interest of the subject of the
record. The FOIA Service Center recommends having the person who is the subject of the
request complete and sign Form DOJ-361 (Certification of Identity) for this purpose. If you are
the attorney of record, you may wish to provide evidence of that fact, such as a valid entry of
appearance, Form EOIR-27 or Form EOIR-28.
Please be sure that verification of identity and/or authorization to release, as appropriate, is/are
enclosed when you mail your FOIA request and is/are attached if you email your FOIA request.
Failure to provide a signed verification of identity or authorization to release information, as
appropriate, may impede EOIR’s release of information if the disclosure would constitute a
clearly unwarranted invasion of personal privacy. Additionally, please note that prior to releasing
any information EOIR assess the applicability of all FOIA exemptions.
Costs
Except for commercial requesters, there is no charge for the first 100 pages of reproduction and
2 hours of search time. After the first 100 pages, a fee of $.05 per page is charged. Search fees
are charged per quarter hour; $4.75 (administrative), and $10.00 (professional). Fees must
exceed $25.00 before a fee is charged. Additionally, an agency may charge for the retrieval of
records stored at a National Archives and Records Administration (NARA) operated records
center, and the direct costs associated with scanning the responsive records. Requests are
deemed to constitute an agreement to pay any applicable fees that may be charged up to $25
without notice. Most requests do not require any fees; however, if fees exceed $25.00, we will
notify you prior to completion of the request. You must agree to pay or EOIR will not release the
records. See 28 C.F.R. § 16.10
Processing Time
The period for determining whether to comply with a request is 20 working days and may be
extended to 30 working days when there is a need to search and collect information from a field
office; when there is a need to search and collect voluminous records; or when there is a need
for consultation within the agency or among two or more agencies. 5 U.S.C. § 552(a)(6)(A)(i).
FOIA does not require agencies to: (1) conduct legal research; (2) provide documents that are
published and offered for sale; or (3) provide information that is available on the Internet.
Multi-track Processing
EOIR FOIA requests are placed in one of three tracks. Track one is for those requests which seek
and receive expedited processing pursuant to subsection (a)(6)(E) of the FOIA. The second track
is for simple requests which do not involve voluminous records or lengthy consultations with
other entities. Track three is for complex requests which involve voluminous records and for
which lengthy or numerous consultations are required, or those requests which may involve
sensitive records.
Expedited requests
To have a FOIA request expedited, your request must demonstrate a compelling need such as:
(1) imminent threat to the life or physical safety of an individual; (2) an urgency to inform the
public concerning actual or alleged Federal Government activity if the request is made by a
person primarily engaged in disseminating information; (3) loss of substantial due process rights;
or (4) a matter of widespread and exceptional media interest in which there exist possible
questions about the government's integrity which affect public confidence.
Privacy Act Redress
The Privacy Act provides a United States citizen or Legal Permanent Resident the opportunity to
correct or amend records that are retrieved by name or other personal identifier in a system of
records maintained by EOIR. See 28 C.F.R. Please note that, pursuant to
28 C.F.R. §§16.83 and 16.84, the Privacy Act cannot be used as a correction mechanism for
"official records," i.e., information contained in EOIR record of proceedings (ROP).
Requests for amendment of correction of records should be marked PRIVACY ACT AMENDMENT
REQUEST and addressed to:
Office of the General Counsel

Attn: Cecelia Espenoza
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1903
Falls Church, VA 22041
Status of FOIA Request
To follow up on the status of a FOIA request, call (703) 605-1297 and ask to speak to (1) the FOIA
Specialist assigned to your request or (2) Crystal Souza, the FOIA Public Liaison. Additional
information on FOIA procedures can be found here.
Appeals
If you are not satisfied with EOIR's response to your FOIA request, you may file an appeal with
the Office of Information Policy (OIP), United States Department of Justice. OIP's address is as
follows:
Office of Information Policy (OIP)

United States Department of Justice
1425 New York Ave., NW, Suite 11050
Washington, DC 20530-0001
Your appeal must be post marked or transmitted electronically within 60 days of the date of
EOIR's FOIA response. Appeals may be filed here. See 28 C.F.R. § 16.8.
Additionally, mediation services are available through the Office of Government Information
Services (OGIS) to resolve disputes between requesters and agencies, as a non-exclusive
alternative to litigation. Click here
Instructions for Requesting DOS Records

The DOS maintains records dealing with:
 The formulation and execution of U.S. Foreign policy

 The administration and operations of the Department of State and U.S. missions abroad
 Applications from U.S. citizens for U.S. Passports
 Visa requests from non-citizens to enter the U.S.
 Consular assistance given to U.S. citizens abroad
 Current and former employees of the Department of State
In general, permanent records 25 years and older, pre-1925 passport and pre-1940 visa records
are property of the National Archives and Records Administration (NARA). For information on
how to locate Department of State Records at the National Archives go to State Department
Records in the National Archives .
Prior to making a request for Department of State records, you may wish to search for these
records online by going to the Department of State’s Virtual Reading Room Documents
Search and Administrative Rulings, Policy Statements, and Other Publications pages.
Drafting a Request
There are no special forms needed for making a request for Department of State Records but
your request should include the following information:
 Your name, address, and daytime telephone number.

 As much information as you can provide so that the Department can locate the
requested material, including the subject, timeframe, any individuals involved, and
reasons why the Department is believed to have records on the subject. It may be helpful
to view the Department’s Records Disposition Schedules.
 Determine your Fee Category and state the maximum amount of fees that you are willing
to pay (please see the Fees, Requester Categories, & Fee Waivers page for more
information). By making a FOIA request, you shall be considered to have agreed to pay all
applicable fees up to $25, unless otherwise noted.
 If you can demonstrate that a "compelling need" for the requested information exists,
you may ask that your request be taken out of order and given expedited treatment
(please see the Expeditious Handling page for more information).
 You may mail or fax your request for Department of State records to the following
address:
U.S. Department of State

Office of Information Programs and Services
A/GIS/IPS/RL
SA-2, Suite 8100
Washington, D. C. 20522-0208
Facsimile (202) 261-8579
Please write "Freedom of Information Act" on the envelope or the subject line of your fax.
Electronic FOIA Request
If you are not seeking personal information about yourself or personal information on behalf of
someone else, you may file a request by Electronic Submission. Please note: Requests for
personal records cannot be accepted online. This includes requests for records dealing with visa
requests.
The electronic FOIA requests asks for the following information:
 Getting started
o Are you requesting Department of State records?
o Are you requesting records containing personal information?
o Are you requesting records dealing with visa requests?
 Contact information (title, first name, middle initial, last name, suffix, email address,
country, address, city, state, zip, telephone number, fax number)
 Description
o Describe the records you are seeking as clearly and precisely as you can. If your
request is vague or too broad, we may ask you to be more specific, and this will
delay the processing of your request. If you are requesting a copy of a
Department of State contract, please provide the contract number.
o The following information will assist the DOS in conducting a search:
 Type of record
 Timeframe of record
 Specific subject matter, country, region, person and/or organization
 Offices, Bureaus, Embassies, or Consulates originating or receiving the
record
 Particular event, policy, or circumstance that led to the creation of the
record
 Reason why you believe the records exists
 If requesting information involving a contract with the Department of
State, the contract number, approximate date, type of contract and name
of contractor
 Time Frame of Records
o Please provide a timeframe for which you would like the Department to search
for relevant material. If you are searching for information surrounding a particular
event, it is suggested that you set a date range prior to the date of the event if
you are interested in background material. Please consider that the greater the
range date, the longer it may take to process your request and the greater the
amount of fees you will be charged.
 Handling
o Requests and appeals shall be taken out of order and given expedited treatment
whenever a requester has demonstrated that a "compelling need" for the
information exists.
o A "compelling need" is deemed to exist where the requester can demonstrate
one of the following:
 Failure to obtain requested information on an expedited basis could
reasonably be expected to pose an imminent threat to the life or physical
safety of an individual.
 Substantial due process rights of the requester would be impaired by the
failure to process immediately.
 Substantial humanitarian concerns would be harmed by the failure to
process immediately.
 The information is urgently needed by an individual primarily engaged in
publicizing information in order to inform the public concerning actual or
alleged government activity.
 Fees
o Includes a request for a fee wavier
o Additional Information
 Review
Sample Request for
Police Report
Appendix E
June 8, 2010
Los Angeles Police Department

R & I Division
P.O. Box 30158
POLICE REPORT REQUEST
Dear Sir/Madam:
I am writing to request one copy of a police report filed by your department. The police
report involves a domestic violence incident which occurred on or about [ ]:
The name of the suspect is [ ].

The name of the victim is [ ].
The report was taken by [name of officers, if known].
I am requesting a free copy of the police report. Assembly Bill 403, which was added to
Section 6228 of the California Family Code, states that "state and local law enforcement
agencies shall provide, without charging a fee, one copy of all domestic violence
incident report face sheets, one copy of all domestic violence incident reports, or both, to
a victim of domestic violence, upon request."
Please mail the report to:
c/o Gina Amato, Esq.

Public Counsel
610 S. Ardmore Ave.
Sincerely,
SIGNATURE OF VICTIM
Sample U Visa
Certification Request
Appendix F
BOARD OF DIRECTORS
TANYA M. ACKER OfflCERS OF THE BOARD
tm'rliU'.AHART JAMIE BRODER
\'i..'f'.�r
ChaiTf)fflon
� �'.'' .tfir"&lw.r
S Flom LLP
MICHAEL H. ST EINBERG
Viet Ch.airpmon
�Ft f'g Swllivan & Cromwtll LLP
.
p
PHILIP E. COOK
Trta.sum
Tht Cook Law Fi=, P.C.
The nation's largest pro bono law firm JONATHAN H. ANSCHELL
�BfT�sion
MARGARET M. MORROW
USPS TRACKING# P,aidrnt and CEO
& CUSTOMER For Tracking or inquiries go to USPS.corn ELIZABETH BLUESTEIN
RECEIPT or call 1-800.222-1811. Ch�/ Operating 0/fur, Via Pmilknt
May 10, 2018 and GmtTal Courutl
TRACY K. RICE
Viet Presidtnt, Dtl)tlopmrnt
FREDERICK M. NICHOLAS
Fourukr
LAPD, Olympic Community Station

1130 S Vermont Ave
Attn: U Visa Coordinator, Hee Bae Cho
Re: U Visa Certification Request for d.o.b. , DR#

�'i'i'/tf�l}fif��°M. INS
, LLC
['.:.'rn�'fH�cY""'P
Alston & Bird LLP Dear Detective Cho:
MELISSA D. INGALLS
Kfrklana & EUi, LLP
DAVlD G. JOHNSON"
Act 4 Emt'l10inmcu
PETER J. KENNEDY
Rttd Smnh LLP
MOE KESHAVARZ!
I write to request that you sign a U visa certification form, or 1-918 Supplement B, for
& Hampton LLP
f�E��K� i'E�tT H
Pani>h Shta & Bo,k LLP
my client, (d.o.b. ). Our office represents Ms. in
TONY LEE
Dickerson Employrc Benefits ln.nm1ncc her U visa application, which we are preparing to file with the United States
IErom t.'i.EVJNE
Holland & Kni1h1 LLP
DAVID R. LIRA Citizenship & Immigration Services (USCIS) pursuant to the Victims of Trafficking and
�Ri\0'.E. MATHEWS
Sowthnn California Edison Violence Protection Act (VTVPA) 1.
OHN M. MCCOY
�
J;i'K\\'.1.fcDONALD
Morrison & FonsUT LLP
MARCELLUS A. MCRAE
�RT1l?i'lr �ifw�"r
SALVADOR L. MENDOZA
LLP As you know, this law allows noncitizen crime victims who have been helpful in the
Cit"I' National Bank investigation of a qualifying criminal activity to obtain lawful status in the U.S. In
OWEN W. MURRAY
LLP
�E\/E�rn
NBCUnwmal order to be eligible for a U visa, the applicant must first obtain the signature of a law
r!!B�.1:.1.�lfil
NEIL R. O'HANLON enforcement official on a U visa certification (1-918 Supplement B), verifying that she
LAURA R. PETROFF
Winston & Strawn LLP
STEPHEN E. PICKE1T
BARRY PORTER
was a victim of a qualifying crime and helpful or likely to be helpful in the
Clan� PaTtnt-r1
WILLIAM T. OU!CKS!LVER investigation of the matter.
Moru11, Pht� & Phillip,, LL P
PHILIP R. RECHT
r�tREJbfcK
Akin StTOK.U Haun & Frid LLP
RISING Ms. qualifies for a U visa because, on November 23, 2014, she was a
LLP
Latham & LLP
victim of domestic violence at the hands of her ex-boyfriend, and
Wa� i;os. Ent��mtnt
RICK R. ROTHMAN
" 1iu:\ Bockiu, LLP
�lffi: c \)'D
she was helpful to LAPD's investigation into the incident. On that date, became
. SALLUS jealous and irate that Ms. was dating someone new and he choked Ms.
Thomson Rr1dffl
Sallu,,
LLP.
LLP grabbed her by her left wrist, and hit her in her face. Ms.
�s'1fE1"r ULAR'
Drnlons US L
STUART N. SENATOR daughter heard the abuse from inside her room and contacted the police. When
�mil��trM
LP
Union Bank officers responded from the LAPD Olympic Division, they observed a scratch on Ms.
ROMAN M. SILBER.FELD·
�Fc;"A}!fs �¥\NOLER
A Capital G=p LLC
left cheek and a bruise on her left wrist. Ms. provided the
8�l!Wl l"!m�
Simpson Thochn- & Bartlett LLP
10SH FREEMAN ST!NN'
officers with details relating to the incident, which resulted in arrest for
l.o.b & Lotb LLP
RANGE· violating California Penal Code §273.5, Cohabitant Abuse.
1/n LLP
S STROMBERG
}�ntr
J. SUNSHINE (RET.)
� LLP
L
k1,\f_ G!1£Y� ENEY. JR.'
GAIL MIGDAL TITLE•
fJi!t��i'i'.lRmtnman
leamn Mwchin
h LLP
ROBERT S. WOLFE
LAURA A. WYTSMA
Lotb & Lotb LLP
MARTINS. ZOHN· 1
Proskoucr 8 U.S.C. §llOl(a)(lS)(U).
·Past Chairperson MAIN OfflCE TEL, 213-385-2977
610 S. ARDMORE AVENUE PUBL!CCOUNSELORG
LOS ANGELES, CA 90005
We respectfully request that you finish completing the enclosed 1-918 Supplement B, sign it in blue
ink and return the original to me at the following address:
Gina Amato
Public Counsel
610 S. Ardmore Ave.
Please note that California Code Penal Code §679.10 requires law enforcement agencies to respond
to U visa certification requests within 90 days and provides a rebuttable presumption that the crime
victim has been helpful in the law enforcement investigation.
If you have any questions or concerns, please do not hesitate to contact me at

gamato@publiccounsel.org or 213-385-2977 x 232. Thank you for your assistance on this matter.
Sincerel{ _1
7
. /� ,/ �
�
,G�
Senior Staff Attorney
Supplement B, U Nonimmigrant Status Certification USCIS
Form 1-918
Department of Homeland Security 0MB No. 1615-0104
U.S. Citizenship and Immigration Services Expires 02/28/2019
Remarks
For
USCIS
Use
Only
� ST ART HERE - Type or print in black or blue ink.

Name of Head of Certifying Agency
!Part 1. Victim Information
1. Alien Registration Number (A-Number) (if any)
4.a. Family Name B J _k
(Last Name) _.__ec_____________--'
!
2.a. Family Name I
�A-I
z___________.
4.b. Given Name
J _ l_ i_ e
h__ ar
(First Name) ._c _ ___________--'
(Last Name) _ 4.c. Middle Name
2.b. Given Name J
(First Name) L... _____________.
Agency Address
2.c. Middle Name
5.a. ; ber 11130 S Vermont Ave
��;"
Other Names Used (Include maiden names, nicknames, and
aliases, if applicable.) 5.b. D Apt. D Ste. D Fir.
If you need extra space to provide additional names, use the
space provided in Part 7. Additional Information. 5.c. City or Town !LosAngeles
3.a. Family Name
(Last Name)
J 5.d. State0 5.f. ZIP Code 190006
3.b. Given Name
(First Name) .__ J ______________,
S.g. Province
3.c. Middle Name!.__ a__________

_ 5.h. Postal Code
__,
4. Date of Birth (mm/dd/yyyy) 5.i. Country
jusA
s. Gender D Male [81 Female
Other Agency Information
I Part 2. Agency Information 6. Agency Type
I. Name of Certifying Agency 0 Federal D State [81 Local
!LosAngelesPolice Department 7. Case Status
Name of Certifying Official D On-going [81 Completed
2.a. Family Name D Other
(Last Name)
8. Certifying Agency Category
2.b. Given Name
(First Name) 0 Judge [81 Law Enforcement D Prosecutor
2.c. Middle Name 0 Other
3. Title and Division/Office of Certifying Official 9. Case Number
1DR#
10. FBI Number or SID Number (if applicable)
Form 1-918 Supplement B 02/07/17 N Page 1 of5

!Part 3. Criminal Acts 4.a. Did the criminal activity occur in the United States
(including Indian country and military installations) or the
If you need extra space to complete this section, use the space territories or possessions of the United States?
provided in Part 7. Additional Information. (g] Yes D No
1. The petitioner is a victim of criminal activity involving a
4.b. If you answered "Yes," where did the criminal activity
violation of one of the following Federal, state, or local
criminal offenses (or any similar activity). (Select all occur?
applicable boxes)
D Abduction D Manslaughter
D Abusive Sexual Contact D Murder 5.a. Did the criminal activity violate a Federal extraterritorial
D Attempt to Commit D Obstruction of Justice

jurisdiction statute? D Yes � No
Any of the Named
Crimes D Peonage 5.b. If you answered "Yes," provide the statutory citation
providing the authority for extraterritorial jurisdiction.
D Being Held Hostage D Perjury
D Blackmail D Prostitution
D Conspiracy to Commit D Rape

6. Briefly describe the criminal activity being investigated
Any of the Named D Sexual Assault and/or prosecuted and the involvement of the petitioner
Crimes
� Domestic Violence D Sexual Exploitation named in Part t. Attach copies of all relevant reports and
findings.
D Extortion D Slave Trade
On November 23, 2014, the suspect,
D False Imprisonment D Solicitation to
became jealous and
Commit Any of the
D Felonious Assault Named Crimes irate that Ms. was dating
D Female Genital D Stalking someone new. He choked Ms.
Mutilation
D Torture grabbed her by the left wrist, causing
D Fraud in Foreign Labor
D Trafficking bruising, and hit her on the left side
Contracting
D Incest D Unlawful Criminal of her face.
Restraint
D Involuntary Servitude
D Witness Tampering
Kidnapping
Provide the dates on which the criminal activity occurred.
2.a. Date (mm/dd/yyyy) 111/23/2014
2.b. Date (mm/dd/yyyy) 7. Provide a description of any known or documented injury

to the victim. Attach copies of all relevant reports and
2.c. Date (mm/dd/yyyy) findings.
Responding officers observed a scratch
2.d. Date (mm/dd/yyyy)
on her left cheek and a bruise on her
3. List the statutory citations for the criminal activity being left wrist.
investigated or prosecuted, or that was investigated or
prosecuted.
California Penal Code 273.5,
Cohabitant Abuse
Form l-918 Supplement B 02/07/17 N Page 2 of5

jPart 4. Helpfulness Of The Victim 4. Other. Include any additional information you would like
to provide.
For the following questions, if the victim is under 16 years of
age, incompetent or incapacitated, then a parent, guardian, or
next friend may act on behalf of the victim.
1. Does the victim possess information concerning the
criminal activity listed in Part 3.? [81 Yes D No
2. Has the victim been helpful, is the victim being helpful, or
is the victim likely to be helpful in the investigation or
prosecution of the criminal activity detailed above?
[81 Yes O No
3. Since the initiation of cooperation, has the victim refused
or failed to provide assistance reasonably requested in the
investigation or prosecution of the criminal activity
detailed above? 0 Yes (8) No
If you answer "Yes" to Item Numbers 1. - 3., provide an
explanation in the space below. If you need extra space to
complete this section, use the space provided in Part 7.
Additional Information.
Ms. has been helpful in
LAPD's investigation of this incident.
She provided the responding officers
with details relating to this incident
of abuse, answered the officers•
questions and cooperated with all
requests for assistance in the
investigation. As a result of her
cooperation, LAPD arrested the suspect
for violating Penal Code section
273.5, Cohabitant Abuse.
Form I-918 Supplement B 02/07/17 N Page 3 of 5

Part 5. Family Members Culpable In Criminal !Part 6. Certification
Activity
I am the head ofthe agency listed in Part 2. or I am the person
1. Are any ofthe victim's family members culpable or in the agency who was specifically designated by the head of
believed to be culpable in the criminal activity ofwhich the agency to issue a U Nonimmigrant Status Certification on
the petitioner is a victim? D Yes (8] No behalfofthe agency. Based upon investigation ofthe facts, I
certify, under penalty ofperjury, that the individual identified in
If you answered "Yes," list the family members and their Part 1. is or was a victim ofone or more ofthe crimes listed in
criminal involvement. (If you need extra space to Part 3. I certify that the above information is complete, true,
complete this section, use the space provided in Part 7. and correct to the best ofmy knowledge, and that J have made
Additional Information.) and will make no promises regarding the above victim's ability
to obtain a visa from U.S. Citizenship and Immigration Services
2.a. Family Name
(Last Name) (USCIS), based upon this certification. I further certify that if
..
2.b. Given Name the victim unreasonably refuses to assist in the investigation or
(First Name) prosecution of the qualifying criminal activity ofwhich he or
she is a victim, I will notify USCIS.
2.c. Middle Name
1. Signature ofCertifying Official (sign in ink)
2.d. Relationship
2. Date ofSignature (mm/dd/yyyy)

2.e. Involvement
3. Daytime Telephone Number
3.a. Family Name

(Last Name) 4. Fax Number
3.b. Given Name
(First Name)
3.c. Middle Name
3.d. Relationship
3.e. Involvement
4.a. Family Name

(Last Name)
4.b. Given Name
(First Name)
4.c. Middle Name
4.d. Relationship
4.e. Involvement
Form 1-918 Supplement B 02/07/17 N Page 4 of 5

!Part 7. Additional Information 5.a. Page Number 5.b. Part Number 5.c. Item Number
If you need extra space to complete any item within this I

supplement, use the space below or attach a separate sheet of 5.d.
paper; type or print the agency's name, petitioner's name, and
the Alien Registration Number (A-Number) (if any) at the top
of each sheet; indicate the Page Number, Part Number, and
Item Number to which your answer refers; and sign and date
each sheet. If you need more space than what is provided, you
may also make copies of this page to complete and file with this
supplement.
I
1. Agency Name
Los Angeles Police Department
Petitioner's Name
2.a. Family Name :I
(Last Name)
2.b. Given Name
(First Name) !
2.c. Middle Name
3. A-Number (if any)
.... A-I 6.a. Page Number 6.b. Part Number 6.c. Item Number
4.a. Page Number 4.b. Part Number 4.c. Item Number I I
I I 6.d.
4.d.
Form I-918 Supplement B 02/07/17 N Page S ofS

Rr..,uest
1
for Confidentiality of lnfor�ation
* CONTROi.LEO DOCUMENT *
-•.
�ATE TYPE OF CRIME · INC. NO. DR NO.
·o C�I I\,(� <i �
, La ent authorities are required b y law to release. certain information on crime reports upon request, as a matter of p·u�iic record.
If. so ks for information on this crime report,. your name will be release� with the inform!ltion unless you request that your riame be
kept confidential pursuant to Section 6254 of the. QovemmenfCode. Offenses defined in Section 6254 of the Government Cc;,de inc!ude
Penal Code Sections 220, 236.1,261,261.5, 262,264, 264.1, 265,266a-J,267,269, 273a, 273d,273.5,285, 286, 288, 288a, 288.2,288.3,
288.5, 288.7,289,422.6,422.7, 422.75,647.6 and 646,9.
By initialing the appropriate statement below an� signing this form, By de-.aiyfng an Interview and not engaging with law
you are informing law enforcement ·agencies and the courts 9f - v, - ict_o_r - enforcemerit at this itme, the following may occur:
your choice fo� confidentiality.. ofcr. initials) * An Abbreviated Sexual Assault Foren,1c. Medical Exam
collecting only .perishable evlctence wlll be performed.
M g'w I hereby exercise my right to confldentlallty. and
(vict.mftials) request that my name not becom� a matter- of
• Evldeni;:e that would normally be cc:,llected by law
enforce�ent wlll be permanently !oat,
. publlc record pursuant to Section 8254 of the * Suspects and witnesses wlll not be Interviewed, they
Government Code. may noi be ldentlflable o!)ocated, or wllilng to cooperate
· at a later time. · / ·
------
(vlct. Initials)
I hereby decllne to keep my name confldentlal. • It may be !110rt difficult, If at all poHlblt, for a
prosecutor to flle �harges against a suspect.
• I may Qr may not be ellglble for Callfornlif Victim
The victim Is a minor without a parent or guardian Coff!.p•n•atlon Funds to pay for out..of.:poclcet expenses
---- present. The below signed authorized agent rel.-tlng to this crime, Including coun�ellng; 9ut-c>f
(ofcr. Initials)
hereby exercises the right of privacy for the �pocket mectJcal expensff for medical evaluation and
minor and requests that the victim's name not treatment, moving expens,a and lo1t wag'ea by not
become a niatter of publlc record p�rac,ant to cooperatln" with law enforc:ement p�r State law.
Section 6254 of the Qovernment Code.
(This authorization should be obtainf!d through the After • Sexual Assault Forensic Medical Exam Is
Area Major Assault Crimes coordinator). perlormed, law enforcement 9.enerally ·wot tra.nsport th.e
vlct . ·or evlden�e collected to storag,, and law enforcement wlll
I, , advised victim o�. initfals) store tt)la evidence for 2 years. All evldenc, collecte!f
(officer advlalng) may be de,troyed by law enforcement iiaencles after 2
(named l;>elQw), that his/her !'l•me wlll become a matter of publlc years and 11 80 day notice wlll be given tq me p1,1rsuant to
the Sexual Assault Victim BIii of Rights. �aw ·
record unleH he/she requests that It be kept confldentlal.
enforcement wlll need, how,ver, a curren, a ddress on···
flle'. If r!tq"ested In writing, I wlli be n�tified bitfore th�
vi nee kit I dest ed. .
LAST NAME, FIRST, MIODLS SEX' DESC HT WT AGE · DOB
V1----- -L-- ----�-----......F'

--+-_ 5a:> 3</
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ADDRESS °EXT
I
c �•
TB·
I E-MAIL ADDRESS CELLPHONE
-
. .,
M .
FOREIGN OCCUPATION
DR. UC. NO. (IF NONE, OTHER I[? & NO.) . . �...t.ANGUAGE
.......
. .
SPOKEN
..
(If APPLICABLI;) STJ �t(._.
.
LOCATION OF O.CCURRENCE SAME AS VICT'S "t§ RES. 0 BUS.
INITiA SERIAL NO . 01\1./0ETAIL

REPORTING y, J
HE.<)N .
--. -.._, ______
....:..�--------366n o _,...____
EMPLOYEE(S) i----k'---. �--
0 .Lfo6 5
D "Taking Action" booklet provided. D Hate Crime Resource Pamphlet provided.
D R ape Victim Counseling Center notified (264.2 PC) with consent of victim.
D
-----------------------,,--------------------
Victim informed of right to have a vic;:tim's advocate and/or support person of his/her choosing.
Victim's Response:
0 Victim informed of right to be interviewed t)y· an officer of the same gender. ·· ·
Victim's Response:
-- _ _ _d_ _ - - -- -� -:ph-1
""' _ 1_ _. _ .- 1- - - - - _ _ - ----------
- - - - - - -
· � Domestic ViolenceNi 1ctim-,nfo_rm_ a_ tio_n_ a.nd _ N_ o_tifl_ cation-Every a y (. DW) P _m. et- ,- Fo
- _ rm 5 42 0 , pr ovlded.
Date/Time victim advised: ,r/23/14-. ('j� ___...,.__

Officer making notifications: __6fc ____
R.. � ¥4_..___ Serial No.4:<?&IS
03.02.00 (05/13)
r ( #
n Continuation Sheet >,�tac:hed
9 ' ;.,
Request for Confidentiality of Information

Continuation Sheet
DATE TYPE OF CRIME

fl/'J2,/Jt,/ �Me"
LAST NAME, FIRST, MIDDLE SEX DESC HT WT AGE DOB

f t\ 5lJC) Ct) 13 Cf/3/'«lt
ADDRESS • ZIPCODE PHONE EXT
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B-
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E-MAIL ADDRESS - CELL PHONE
OR. LIC. NO. (IF NONE, OTHER ID & NO.) FOREIGN LANGUAGE SPOKEN OCCUPATION
(IF APPLICABLE) '
NON€ sr�
LAST NAME, FIRST, MIDDLE SEX DESC HT AGE
''°
WT DOB
,
f..l t\ 5Q3 ''-I 6/)6/,ooo
PHONE
'W ADDRESS ZIPCODE EXT
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R-
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E-MAIL ADDRESS
DR. LIC. NO. (IF NONE, OTHER ID & NO.) FOREIGN LANGUAGE SPOKEN
CELL PHONE
OCCUPATION
--
I (IF APPLICABLE) - !
.. -.�. ��
ADDRESS ZIP CODE PHONE EXT

R-
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E-MAIL ADDRESS CELL PHONE
DR. LIC. NO. (IF NONE, OTHER ID & NO.)
LAST NAME, FIRST, MIDDLE

I FOREIGN LANGUAGE SPOKEN
(IF APPLICABLE)
SEX OESC HT
I
OCCUPATl�N
WT AGE DOB
ADDRESS. ZIPCOOE PHONE EXT

R-
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DR. LIC. NO. (IF NONE, OTHER ID & NO.) FOREIGN LANGUAGE SPOKEN OCCUPATl N
I I �
(IF APPLICABLE)
ADDRESS ZIPCOOE PHONE EXT

R-
B-
OR. LIC. NO. (IF NONE, OTHER ID & NO.) FOREIGN LANGUAGE SPOKEN OCCUPATION
I (IF APPLICABLE) !
INVOLVED PERSON(S): W- WITNESS; R - PERSON REPORTING; P • PARENT; CP • CONTACT PERSON (DOMESTIC VIOLENCE)
03.02.00 (05/13)
ARREST REPORT
FIRST
NO.
STATE
CA
EYES HEIGHT WEIGHT BIRTHDATE A�E
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BRO 506 165 0304n 37
TATE R.D. '
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ADMONITION OF RIGHTS (WHEN APPLICABLE)
THE ADMONITION OF RIGHTS WAS READ VERBATIM PER
FORM 15.03.00 BY:
»
0 �
NAME
( ye,, y� Ye!,,"/�, y��s-
SERIAL NO
COOK 000. NONE LISTED

FOR:
t5w
INVOLVED PERSONS Code:
NAME V&WS SEX DESC.
V: VICTIM
D.o.e.
W: WITNESS
ADDRESS
PIA: ��. TO: :;:ER
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COMBINED If MUI.TI.AARESTUS TI4IS SECTION &AICM; CRIME
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CRIME REPORT $HEET.
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APPROVAL/
REPORTING
OFFICERS
(SECTION, CODE a oeFINITION) IIOOKED? Y N

IF \'JI, 10.DI.OO
COMPlETED? y N
11 0 C&R 13 0 EXON-INNOCENT 04 0 CYA 18 0 JUV. TRAF. MISD. 18 0 OCFS

11 0 ACTION SUSP. 12 0 REL-INSUF. EVID. 03 0 PROBATION 17 0 ARE DEPT. 0 OTHER
14 0 PROVED ADULT 03 0 C OMMUNITY SERVICE 05 0 0TH. LAW ENF. AGENCY 10 0 DEPT. MENTAL HEALTH
• 05.01.02 (11/11) ARREST REPORT

CONTINUATION SHEET
L.:os Angeles Police Department
. 'I
I •
PAGE TYPE OF REPORT BOOKING NO. ORN

,.
I I l I l
·,1. (i, Cohab Abuse
ITEM QU ARTICLE SERIAL NO BRANO MODEL NO. MISC DESCRIPTION (EO. COLOR, SIZE, DOLLAR
NO. AN INSl'RIPTIONS CALIBER REVOLVER ETC\ VALIIE
Suspect: DOB: / Charge: 273.5(a) PC
Source of Activity:
On 11/23/14 at approximately 1824 hrs, my partner Officer Zamora #40615 and I, Officer
Jheon #36677, were in full uniform driving a marked black and white police vehicle. We were
·working Olympic Division patrol unit 20A54W4, when we received a radio call of 'Battery
Domestic' at INC
Investigation:
Upon arrival, we met Victim, PR ( - daughter of the victim) and the -suspect
(�x-cohab I ex-boyfriend) at the residence. Victim stated that the suspect chocked and hit her
face during a physical altercation. I observed a minor scratch on her left cheek and a bruise
on her left wrist. Victim.stated that she did not need any MT and would seek her owri doctor if
needed. The suspect was under the influence of alcoholic beverage during this investigation.
It should be noted that the victim and the suspect were dating for 11 years but ended the
relationship on 04/2014. Both the victim and the suspect lived in the same residence prior to
04/2014 and they have no child in common. Victim stated that she has (3) children and two of
the children were present during the physical altercat_ion ( DOB: - - &
DOB: - - Victim stated that there were prior incidents of physical
altercation in the past but never been reported.
We interviewed both parties at scene.
Victim stated that she and the suspect ended the relationship on 04/2014 but still keep in
contact. Victim stated that the suspect takes her to work daily with his vehicle and they have
casual relationship. Recently, the victim advised me that she's been dating a guy and that is
the reason the suspect became jealous. On 11/23/1'4 at approximately 1800 hours, Victim and
'
the suspect then became involved in a verbal ·dispute over the victim's dating issue. Victim
stated that the suspect became irate and chocked her with his right hand for a brief period.
Suspect then grabbed her left wrist causing bruises. During the physical altercation, the
suspect swung his arms and hit the victim's left side of the face causing a minor scratch on
her left cheek. Victim stated that she did not call the police but her daughter overheard the
argument from inside her room and called the police.
PR ( - daughter of the victim) stated that on 11/23/14 at approximately 1800

hours, she was inside her room when she heard her mother (Victim) and her ex-boyfriend
arguing in the living room. PR then heard her mother scream and she heard the commotion
so she called the.police to protect her mother.
CONTINUATION SHEET
les Police De artment
TYPE OF REPORT BOOKING NO.
Cohab Abuse
ITEM QU ARTICLE SERIAL NO BRANO MODEL NO.
NO.
Based on our investigation, we determined that the suspect was the dominant aggressor and
arrested him for 273.5(a) PC - Cohab Abuse.
We provided the victim with a Vict1m's lnform�tion Notification Everyday (VINE) pamphlet,
Domestic Violence pamphlet and Marcy's Victim's rights pamphlet.
Arrest:
.Suspect was placed under arrest for 273.5(a) PC - Cohab Abuse and transported to Olympic
Station for booking.
Statements:
Ofer Za.mora #40615 read the Deft his admonition of rights in Spanish, form 15.03. The deft
replied, "Yes, Yes, Yes, Yes, Yes." (See Attached Statement Form)
Booking:
Suspect was booked at 7ih Jail for 273.5(a) PC -·cohab Abuse. Olympic Division Watch
Commander, Sgt II Llanes #26396 gave the booking approval.
lniuries/MT:
I observed a minor scratch on the victim's left cheek and a bruise on her left wrist. The victim
complained of pain to her neck. RA or treatment refused.
I did not see any visible injuries on the suspect.
Evidence:
None
Photos, Recordings, Video, DIVC and Digital Imaging:

I took (10) digital photos of the Victim's injuries at scene. (0# )
Additional:
Victim refused Emergency Protective Order and advised me that she will get a restraining
order from the court. I provided the address of the court and the process to the victim.
l: r.c.1> �
Canvassing:
We canva.ssed the area for additional witnesses with negative results.
Court Information:
My partner and I can testify to the statements given by the Victim and PR.
,,
1
SB-674 Informational
Pamphlet
Appendix G
U and T Visa Law
Enforcement
Resource Guide
Appendix H
U and T Visa Law
Enforcement
Resource Guide
for Federal, State, Local, Tribal and Territorial
Law Enforcement, Prosecutors, Judges, and
Other Government Agencies
U and T Visa Resource Guide
Table of Contents
Introduction .................................................................................................................................................. 3
U Visa Basics .................................................................................................................................................. 4
Review and Tips for Form I-918B ........................................................................................................................ 8
T Visa Basics................................................................................................................................................... 9
Review and Tips for Form I-914B................................................................................................................. 13
Best Practices for Certifying Agencies.......................................................................................................... 14
Answers to Frequently Asked Questions ..................................................................................................... 15
Other Law Enforcement Tools to Assist in Investigations and Prosecutions................................................... 27
Other Forms of Relief for Victims ................................................................................................................ 28
DHS Contact Information............................................................................................................................. 29
Resources ........................................................................................................................................................... 32
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Introduction
As a federal, state, local, tribal or territorial law enforcement officer, prosecutor, judge, or other
government official, you play an important role in the application process for U nonimmigrant status
(also known as a U visa) for victims of certain crimes and T nonimmigrant status (also known as a T
visa) for victims of human trafficking. U and T visas not only help protect victims of crime, but are also
key tools for you in your work. Lack of legal immigration status in the United States may be among the
reasons for some victims choosing not to come forward to work with law enforcement. Perpetrators
and human traffickers also use victims’ lack of legal status as leverage to exploit and control them. By
stabilizing their status in the United States, immigration relief can be critical to providing victims of
crime a greater sense of security that also makes it easier for them to assist you with your law
enforcement and prosecutorial efforts.
In order to qualify for the U and T visa, the victim must prove to U.S. Citizenship and Immigration
Services (USCIS) that he or she cooperated with law enforcement.1 USCIS is the federal component of
the Department of Homeland Security (DHS) responsible for adjudicating (approving or denying) U and
T visa applications. One of the primary ways that a victim may demonstrate cooperation is by
submitting a signed statement from law enforcement as part of the application. In the U visa context,
this statement is a required part of the petition and is known as USCIS Form I-918, Supplement B, U
Nonimmigrant Status Certification (Form I-918B or certification). In the T visa context, this statement is
known as USCIS Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim in
Trafficking of Persons (Form I-914B or declaration). While not required in the T visa context, the signed
declaration provides valuable evidence of the victim’s cooperation.
Because these signed statements from law enforcement are such critical pieces of U and T visa
applications, victims may approach you to request that you certify their cooperation. You may also
encounter victims who are afraid or reluctant to cooperate in a criminal investigation because they lack
a lawful immigration status, and who are not aware that they may qualify for a U or T visa.
DHS has created this Resource Guide to inform you and address concerns about the role of law
enforcement agencies within these visa programs. This Guide includes information about U and T visa
requirements; the I-918B certification and I-914B declaration processes; best practices; answers to
important and frequently asked questions from judges, prosecutors, law enforcement agencies, and
other officials; where to look for more resources; and contact information for DHS personnel on U and
T visa issues.
1
See 8 CFR 1.1, 1.2, 100.1. Exceptions to the cooperation requirement exist for U and T visa applicants who are under age 18 or
who have suffered trauma.
|3
U Visa Basics
Why was the U visa created? How does it help law enforcement?
The Victims of Trafficking and Violence Prevention Act (VTVPA) of 20002 was enacted to strengthen the
ability of law enforcement agencies to investigate and prosecute serious crimes and trafficking in
persons, while offering protections to victims of such crimes without the immediate risk of being
removed from the country. Congress, in the VTVPA, created the U nonimmigrant status program out of
recognition that victims without legal status may otherwise be reluctant to help in the investigation or
prosecution of criminal activity. Immigrants, especially women and children, can be particularly
vulnerable to criminal activity like human trafficking, domestic violence, sexual assault, stalking, and
other crimes due to a variety of factors, including but not limited to: language barriers, separation from
family and friends, lack of understanding of U.S. laws, fear of deportation, and cultural differences.
Accordingly, under this law, Congress sought not only to prosecute perpetrators of crimes committed
against immigrants, but to also strengthen relations between law enforcement and immigrant
communities.
What is the U visa? What are the benefits to the victim?
The U visa is an immigration benefit for victims of certain crimes who meet eligibility requirements.3
USCIS may find an individual eligible for a U visa if the victim:

• Is the direct or indirect victim of qualifying criminal activity4;
• Has suffered substantial physical or mental abuse as a result of having been a victim of criminal
activity;
• Has information about the criminal activity;5 and
• Was helpful, is being helpful, or is likely to be helpful to law enforcement, prosecutors, judges,
or other officials in the detection, investigation, prosecution, conviction, or sentencing of the
criminal activity.6
Additionally, the victim must be admissible to the United States based on a review of his or her criminal
history, immigration violations, and other factors. If found inadmissible, an individual may apply for a
waiver of inadmissibility for which he or she may be eligible.
The U visa allows eligible victims to temporarily remain and work in the United States, generally for four
years. While in U nonimmigrant status, the victim has an ongoing duty to cooperate with law
enforcement and cannot unreasonably refuse to assist with the investigation or prosecution of the
2
Pub. L. No. 106-386, 114 Stat. 1464-1548 (2000).
3
http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-
status/victims-criminal-activity-u-nonimmigrant-status. See also INA 101(a)(15)(U).
4
The criminal activity occurred in the United States or violated U.S. laws.
5
If under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the
information about the criminal activity on the individual’s behalf.
6
If under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist on behalf
of the individual.
|4
criminal activity. If certain conditions are met, an individual with a U visa may apply for adjustment to
lawful permanent resident status (i.e., seek a green card in the United States) after three years.
Additionally, certain family members of a U visa recipient may also be eligible to live and work in the
United States as “derivative” U visa recipients based on their relationship with the principal recipient.
These include:
Unmarried children under the age of 21;
Spouse;
Parents of U visa petitioners under age 21; and
Unmarried siblings under 18 years old of U visa petitioners under age 21.
By law, there is a 10,000 annual cap on U visas for principal applicants. However, USCIS continues to
adjudicate applications even after the annual cap has been reached. Cases that qualify for approval after
the cap has been reached receive "conditional approval" and work authorization based on "deferred
action" until U visas become available.
How does USCIS review U visa petitions?
USCIS takes several steps to determine whether a victim is eligible for a U visa. USCIS reviews the entire
application, which includes the petition (Form I-918), Form I-918B certification, the victim’s affidavit, as
well as supporting evidence such as police reports, medical records, photographs, court documents, and
witness affidavits. If the applicant is inadmissible due to, for example, prior criminal history, immigration
violations, or security concerns, USCIS also reviews any application received for a waiver of inadmissibility.
However, some inadmissibilities cannot be waived. As a part of its review of the U visa certification (Form
I-918B), USCIS may contact the certifying official to ask if the victim has continued to provide assistance
reasonably requested or to request other information. USCIS may also contact the certifying agency if any
issues or questions arise during the adjudication based on information provided in the certification.
For all U visa petitioners and their qualifying family members, USCIS conducts a thorough background
investigation including a Federal Bureau of Investigation (FBI) fingerprint check and name check. USCIS also
reviews the petitioner’s immigration records to assess whether any inadmissibility issues exist, such as the
petitioner’s criminal history, immigration violations, or any security concerns. The results of these checks,
as well as any evidence that certifying officials and immigration authorities possess, may be considered
when determining eligibility for a U visa. Because qualifying “derivative” family members are subject to
the same background checks, it is possible that a derivative’s adverse criminal or immigration background
could result in a denial of derivative status even when the principal’s petition has been approved.
What is a U visa certification?
In order to be eligible for a U visa, the victim must submit a U visa certification completed by a certifying
agency or official. USCIS Form I-918, Supplement B (Form I-918B or certification) is the U visa certification
that a federal, state, local, tribal, and territorial law enforcement agency, prosecutor, judge, or other
government official can complete for a victim who is petitioning USCIS for a U visa. The law enforcement
certification explains the role the victim had, has, or will have in being helpful to the investigation or
prosecution of the case.
Form I-918B and its instructions are available on the USCIS website at www.uscis.gov with the Form I-918
|5
for the U visa. The certification must be signed by the certifying official with an original signature within
the six months (6 months minus one day) immediately preceding the U visa petitioner’s submission of
Form I-918.
What kind of information does the U visa certification provide?
The certification, Form-I-918B, is a required piece of evidence to help demonstrate:

• That a qualifying criminal activity has occurred;
• That the victim has information about the criminal activity; and
• That the victim was helpful, is being helpful, or is likely to be helpful in the detection,
investigation, prosecution, conviction, or sentencing of criminal activity.
Law enforcement may also report information about any known or observed harm sustained by the victim.
While Form I-918B asks the law enforcement official to provide information about the injury to the victim,
the certifying official is not required to assess whether the victim suffered substantial physical or mental
abuse as a result of the criminal activity. This is a requirement that the U visa petitioner must establish to
the satisfaction of USCIS.
Without a completed and signed U visa certification, the victim will not qualify for a U visa, as it is a
required part of the application, and there is no exception to this requirement. However, by signing
a U visa certification, the certifying agency, official, or judge is not sponsoring or endorsing the victim
for a U visa, and the completed certification does not guarantee that USCIS will approve the U visa
petition. USCIS considers the U visa certification as only one part of the evidence in support of the U
visa petition. USCIS determines the victim’s credibility and whether to approve the petition based on
the totality of the evidence and circumstances of each case.
The decision whether to sign a certification is at the certifying agency’s discretion. Each certifying
agency should exercise its discretion on a case-by-case basis consistent with applicable U.S. laws and
regulations, and the policies and procedures outlined in this guide as well as any internal policies of the
certifying agency.
Which agencies may sign a U visa certification?
Certifying agencies include all authorities responsible for the detection, investigation, prosecution,
conviction or sentencing of the qualifying criminal activity, including but not limited to:
• Federal, State Local, Tribal, and Territorial law enforcement agencies;
• Federal, State, Local, Tribal, and Territorial prosecutor’s offices;
• Federal, State, Local, Tribal, and Territorial Judges;
• Federal, State, and Local Child and Adult Protective Services;
• Equal Employment Opportunity Commission;
• Federal and State Departments of Labor; and
• Other Federal, State, Local, Tribal, or Territorial government agencies that have criminal, civil,
or administrative investigative or prosecutorial authority.
|6
What does "Helpful" in the detection, investigation, prosecution,
conviction, or sentencing mean?
“Helpful” means the victim has been, is being, or is likely to assist law enforcement, prosecutors, judges, or
other government officials in the detection, investigation, prosecution, conviction, or sentencing of the
qualifying criminal activity of which he or she is a victim. This includes providing assistance when
reasonably requested. This also includes an ongoing responsibility on the part of the victim to be helpful.
Those who unreasonably refuse to assist after reporting a crime will not be eligible for a U visa. The duty to
remain helpful to law enforcement exists even after a U visa is granted, and those victims who
unreasonably refuse to provide assistance after the U visa has been granted will not be eligible to obtain
lawful permanent residence and may have the visa revoked by USCIS. Certifying agencies should contact
and inform USCIS of the victim’s unreasonable refusal to provide assistance in an investigation or
prosecution: LawEnforcement_UTVAWA.VSC@uscis.dhs.gov.
Law enforcement, prosecutors, judges or government officials can certify a U visa based on past,
present, or the likelihood of future helpfulness of a victim. A current investigation, the filing of
charges, a prosecution or conviction is not required to sign the law enforcement certification. An
instance may occur where the victim has reported criminal activity, but an arrest, prosecution, or
conviction cannot take place due to evidentiary or other circumstances. Examples of this include, but
are not limited to, when the perpetrator has fled or is otherwise no longer in the jurisdiction, the
perpetrator cannot be identified, or the perpetrator has been deported by federal law enforcement
officials. There is no statute of limitations on signing the certification – one can be signed for a crime
that happened many years ago or recently. A certification may also be submitted for a victim in a
closed case. However, the victim must submit a recently signed certification with his or her U visa
petition (signed within six months of submission), even if the crime certified did not recently occur.
What constitutes a qualifying crime?
The following table shows the criminal activities that qualify a victim for the U visa.7
• Abduction • Hostage • Sexual Assault

• Abusive Sexual Contact • Incest • Sexual Exploitation
• Blackmail • Involuntary Servitude • Slave Trade
• Domestic Violence • Kidnapping • Stalking
• Extortion • Manslaughter • Torture
• False Imprisonment • Murder • Trafficking
• Felonious Assault • Obstruction of Justice • Witness Tampering
• Female Genital Mutilation • Peonage • Unlawful Criminal Restraint
• Perjury • Related Criminal Activities 8
• Fraud in Foreign Labor Contracting
• Prostitution
• Rape
7
These are not specific crimes or citations to a criminal code; various federal, state, and local statutes could fall into these general
categories of crime. One exception is “Fraud in Foreign Labor Contracting,”” which is the federal offense defined at 18 USC 1351.
8
Includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes, as well as any similar activity
where the elements of the crime are substantially similar. “Substantially similar” typically refers to a crime detected, investigated
or prosecuted by a qualified certifying official that contains the same key elements as a qualifying criminal activity. For example, a
simple robbery would not typically be a qualifying criminal activity. However, if the statute cited for the detection, investigation,
|7
Review and Tips for Completing Form I-918B
The following are important notes and tips on filling out the Form I-918B:
• USCIS has the sole authority to grant or deny a U visa. The certification does not guarantee that
the U visa petition will be approved by USCIS.
• A certifying official’s decision to sign a certification is completely discretionary and under the
authority of that agency or official. Neither DHS nor any other federal agency has the authority to
require or demand that any agency or official sign the certification. There is also no legal obligation
to complete and sign Form I-918B.
• The Form I-918B should be completed by the certifying agency or official (and not the victim, or
the victim’s advocate or attorney).
• By signing a certification, the certifying agency or official attests that the information is true and
correct to the best of the certifying official’s knowledge.
• The head of the agency has the authority to sign certifications or to delegate authority to other
agency officials in a supervisory role to sign certifications. You should only sign the certification if
your agency has given you this authority.
• If a certifying agency has a written delegation of authority, provide a copy to USCIS to keep on file
by emailing it to LawEnforcement_UTVAWA.VSC@USCIS.dhs.gov.
• Federal, state, local, tribal, or territorial judges may sign U visa certifications. Delegation of
authority is not applicable to or required of certifications by judges.
• Return the signed Form I-918B to the victim (or the victim’s attorney, representative, etc.). The
certifying official should not send the signed certification separately to USCIS. The victim is
required to send the original signed certification form along with his or her complete U visa petition
to USCIS.
• Be prompt in providing the signed certification to the victim or the victim’s attorney or
representative. USCIS must receive the U visa petition, which includes the Form I-918B, within six (6)
months of the date the Form I-918B was signed.
• If the certifying official is providing additional documents (e.g., a copy of the police report or court
order, or judicial findings, additional statements, photos, etc.) along with the certification or if
more space is needed to fill out any of the information on the form, the official should provide that
additional information as advised by the form instructions.
• When completing the Form I-918B, certifying officials are encouraged to check the boxes for all
qualifying criminal activities detected based on the facts of the case at the time of certification.
Certifying officials should not limit the boxes that are checked to the criminal activities that the
agency has decided to investigate or prosecute and should check all qualifying criminal activities
present in the case.
• As requested on the Form I-918B, the certifying official should document the helpfulness of the
victim and whether that victim refused to be helpful at any time throughout the investigation or
prosecution.
• The certification form must contain an original signature and should be signed in a color of ink
other than black for verification purposes. Photocopies, faxes, or scans of the certification form
cannot be accepted by USCIS as an official certification.
or prosecution is armed robbery, this may be a qualifying criminal activity. In most jurisdictions, armed robbery contains the
elements of felonious assault as delineated in the federal criminal statutes, therefore armed robbery may be “substantially
similar” to the qualifying crime of felonious assault.
|8
T Visa Basics
Why was the T visa created? How does it help law enforcement?
The Victims of Trafficking and Violence Prevention Act (VTVPA) of 20009 was enacted to strengthen the
ability of law enforcement agencies to investigate and prosecute serious crimes and trafficking in
persons, while offering protections to victims of such crimes without the immediate risk of being
removed from the country. Congress, in the VTVPA, created the T nonimmigrant status (“T visa”)
program out of recognition that human trafficking victims without legal status may otherwise be
reluctant to help in the investigation or prosecution of this type of criminal activity. Human trafficking,
also known as trafficking in persons, is a form of modern-day slavery, in which traffickers lure individuals
with false promises of employment and a better life. Immigrants can be particularly vulnerable to
human trafficking due to a variety of factors, including but not limited to: language barriers, separation
from family and friends, lack of understanding of U.S. laws, fear of deportation, and cultural differences.
Accordingly, under this law, Congress sought not only to prosecute perpetrators of crimes committed
against immigrants, but also to strengthen relations between law enforcement and immigrant
communities.
What is the T visa? What are the benefits to the victim?
The T visa is an immigration benefit for victims of human trafficking who meet certain eligibility
requirements.
USCIS may find an individual eligible for a T visa if the victim:

• Is or was a victim of a severe form of trafficking in persons (which may include sex or labor
trafficking), as defined by federal law;10
• Is in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands
or at a U.S. port of entry due to trafficking;
• Has complied with any reasonable request from a law enforcement agency for assistance in the
investigation or prosecution of human trafficking;11 and
• Would suffer extreme hardship involving unusual and severe harm if removed from the United
States.12
In addition, the victim must be admissible (based on a review of criminal history, immigration violations,
and other factors) to the United States. If inadmissible, the individual may apply for a waiver of
inadmissibility for which he or she may be eligible.
The T visa allows eligible victims to temporarily remain and work in the U.S., generally for four years.
While in T nonimmigrant status, the victim has an ongoing duty to cooperate with law enforcement’s
9
Pub. L. No. 106-386, 114 Stat. 1464-1548 (2000).
10
“Sex trafficking” is defined as “the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose
of a commercial sex act.” 22 U.S.C. § 7102(10).
11
Special exceptions are made for trafficking victims who are under 18, or those who are unable to cooperate due to physical
or psychological trauma.
12
http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-human-trafficking-t-nonimmigrant-
status. See also INA 101(a)(15)(T).
|9
reasonable requests for assistance in the investigation or prosecution of human trafficking. If certain
conditions are met, an individual with T nonimmigrant status may apply for adjustment to lawful
permanent resident status (i.e., apply for a green card in the United States) after three years in the
United States or upon completion of the investigation or prosecution, whichever occurs earlier.
Additionally, certain family members of a T visa recipient may also be eligible to live and work in the
United States as “derivative” T visa holders. These are:
Unmarried children under the age of 21;
Spouse;
Parents of principal T visa recipients under age 21 at the time of application;
Unmarried siblings under 18 years old of principal T visa applicants under age 21; and
Adult or minor children of certain immediate family members of the T visa recipient
While in the United States, the victim has an ongoing duty to cooperate with law enforcement’s
reasonable requests for assistance in the investigation or prosecution of human trafficking.
Congress capped the number of available T visas for principal applicants at 5,000 per fiscal year. However,
to date, the annual cap has never been reached and visas remain available to applicants who qualify.
How does USCIS Review T visa applications?
USCIS takes several steps to determine whether a victim is eligible for a T visa. USCIS reviews the
victim’s entire application, which includes the Form I-914 as well as the Form I-914B or other evidence
of the victim’s cooperation, the victim’s affidavit, and supporting evidence. Supporting evidence may
include court documents, witness affidavits, medical reports, and any other credible evidence to show
that the victim is eligible for a T visa. If the applicant is inadmissible, USCIS also considers all evidence
relevant to any potential waivers of inadmissibility.
For all T visa applicants and their qualifying family members, USCIS conducts a thorough background
investigation, including a Federal Bureau of Investigation (FBI) fingerprint check and name check. USCIS
will also review the applicant’s immigration records to assess whether any inadmissibility issues exist,
such as criminal history, immigration violations, or security concerns. Any evidence that law
enforcement and immigration authorities possess may be used in determining eligibility for a T visa.
USCIS may contact the certifying law enforcement agency if there are any issues or questions that arise
during the adjudication based on information provided in the law enforcement declaration. Because
qualifying family members (derivatives) are subject to the same criminal background review, fingerprint
checks, and immigration status checks as the principal victim applicant, it is possible that a derivative’s
adverse criminal or immigration background would result in a denial of derivative status even when the
principal has been approved.
What Is a T visa declaration?
The T visa declaration is supplementary evidence of a victim’s assistance to law enforcement that a
federal, state, local, tribal, and territorial law enforcement agency, prosecutor, judge, or other
government official can complete for a T visa applicant. The declaration must be provided on Form I-914,
Supplement B, and instructions are available on the USCIS website at www.uscis.gov. The T visa
declaration is not a required document for a T visa application, but USCIS gives significant weight to the
| 10
declaration when reviewing the victim’s application.
What kind of information does the T visa declaration provide?
Form I-914B is not a required piece of evidence, but when provided, it is helpful evidence to
demonstrate that:
• The victim is or was a victim of a severe form of trafficking in persons; and
• The victim has complied with any reasonable requests from law enforcement in an
investigation or prosecution of human trafficking.13
The T visa declaration is not conclusive evidence that the applicant meets these eligibility requirements, as
only USCIS can make this determination. In addition, by signing a T visa declaration, the certifying
agency, official or judge is not sponsoring or endorsing the victim for a T visa. USCIS considers the T
visa declaration as one part of the evidence in the T visa application. USCIS also conducts a full
background check and, in considering each T visa application and the applicant’s credibility, examines
the totality of the evidence and the circumstances of each case.
Signing a declaration is at the certifying agency’s discretion which should be exercised on a case-by-case
basis consistent with U.S. laws and regulations, and the policies and procedures outlined in this Guide, as
well as internal policies of the certifying agency.
If the T visa applicant does not include a law enforcement declaration, the applicant must present
credible evidence that he or she meets the cooperation requirement. The applicant must include an
original personal statement that indicates the reason the law enforcement declaration doesn’t exist or is
unavailable and whether similar records documenting any assistance provided by the applicant are
available. The statement or evidence should demonstrate that good faith attempts were made to obtain
the law enforcement declaration, including describing the efforts the applicant undertook. USCIS will
assess the evidence presented to determine whether the applicant satisfies the cooperation
requirement.
Which agencies may sign a T visa declaration?
Certifying agencies include all authorities responsible for the detection, investigation, prosecution,
conviction or sentencing of human trafficking, including but not limited to:
• Federal, State Local, Tribal, and Territorial law enforcement agencies;
• Federal, State, Local, Tribal, and Territorial prosecutors’ offices;
• Federal, State, Local, Tribal, and Territorial Judges;
• Federal and State Departments of Labor; and
• Other Federal, State, Local, Tribal, or Territorial government agencies that have criminal, civil,
or administrative investigative or prosecutorial authority related to human trafficking.
13
Special exceptions are made for trafficking victims who are under 18, or those who are unable to cooperate due to physical
or psychological trauma.
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Who is a victim of severe forms of trafficking in persons?
A victim of severe forms of trafficking in persons is an individual who is a victim of either:

• Sex Trafficking, which is defined as:
o the recruitment, harboring, transportation, provision, or obtaining of a person for the
purpose of a commercial sex act,
o or in which the person induced by any means to perform such act has not attained 18
years of age; 14 or
• Labor Trafficking, which is defined as:
o the recruitment, harboring, transportation, provision, or obtaining of a person for labor
or services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.15
State, local, territorial, and tribal law enforcement officers can play a key role in recognizing potential
victims of human trafficking. If you have identified a potential victim of trafficking, you should contact
U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations, which
investigates incidents of human trafficking, as soon as possible either through your local ICE office or
through the national tipline at 1-866-347-2423 (1-866-DHS-2-ICE). Specially trained federal agents may
be dispatched to make sure the victim is safe and secure, as well as provide the victim with immediate
services until longer term relief can be found.
What does “reasonable request for assistance” mean?
Whether a particular law enforcement request to a victim for assistance in the investigation or
prosecution of human trafficking is “reasonable” depends on the totality of the circumstances. USCIS is
responsible for making this determination. In determining “reasonableness” of the request, USCIS will
consider certain factors such as, general law enforcement and prosecutorial practices; the nature of the
victimization; and the specific circumstances of the victim, including fear, severe traumatization, and the
age and maturity of young victims.
There are certain times when a victim is not required to cooperate with requests for assistance: (1) if the
victim is under the age of 18, or (2) if the victim has experienced physical or psychological trauma that
prevents him or her from complying with a reasonable request.
If the T visa applicant does not include a law enforcement declaration, the applicant must present
credible evidence that he or she meets the cooperation requirement. The applicant must include an
original personal statement that indicates the reason the law enforcement declaration does not exist or
is unavailable and whether similar records documenting any assistance provided by the applicant are
available. The statement or evidence should demonstrate that good-faith attempts were made to obtain
the law enforcement declaration, including describing the efforts the applicant undertook. USCIS will
assess the evidence presented to determine whether the applicant satisfies the cooperation
requirement.
14
22 U.S.C. § 7102(10).
15
22 U.S.C. § 7102(9).
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Review and Tips for Completing Form I-914B
The following are important notes and tips on filling out the Form I-914B:
• USCIS has the sole authority to grant or deny a T visa. The declaration does not guarantee that
the T visa will be approved by USCIS.
• An agency’s decision to sign a declaration is completely discretionary and under the authority
of that agency or official. Neither DHS nor any other federal agency has the authority to
require or demand that any law enforcement agency sign the declaration. There is also no
legal obligation to complete and sign Form I-914B.
• The Form I-914B should be completed by the law enforcement agency or official (and not the
victim or the victim’s advocate or attorney).
• By signing a declaration, the law enforcement agency attests that the information is true and
correct to the best of the official’s knowledge.
• The head of the agency has the authority to sign declarations or to delegate authority to other
agency officials in a supervisory role to sign declarations. You should only sign the declaration
if your agency has given you this authority.
• If a certifying agency has a written delegation of authority, provide a copy to USCIS to keep on
file by emailing it to LawEnforcement_UTVAWA.VSC@uscis.dhs.gov
• Federal, state, local, tribal, or territorial judges have direct authority to sign T visa declarations.
Delegation of authority is not applicable to or required of declarations by judges.
• Return the signed Form I-914B to the victim (or the victim’s attorney, representative, etc.). The
law enforcement agency should not send the signed declaration separately to USCIS. The
victim will send the original signed declaration form along with his or her complete T visa
application to USCIS.
• If the law enforcement official is providing additional documents (e.g., a copy of the police
report, additional statements, photos) along with the declaration or if more space is needed to
fill out any of the information on the form, law enforcement should indicate on Form I-914B a
note of “see attachment” or “see addendum.” Each additional page should be provided on
agency letterhead.
• The official must document on Form I-914B the cooperation of the victim and whether the
victim refused to comply with requests at any time throughout the investigation or
prosecution.
• The declaration form must contain an original signature. That signature must either be typed or
printed legibly in a color other than black ink for verification purposes. Photocopies, faxes, or
scans of the declaration form cannot be accepted by USCIS as an official declaration.
• The victim has an ongoing duty to cooperate with law enforcement even after they receive the
T visa. If a victim stops cooperating, you can contact USCIS to withdraw or disavow your
certification.
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Best Practices for Agencies Signing Certifications and
Declarations
Across the United States, law enforcement agencies, officials, and judges have taken different
procedural approaches to signing U visa certifications and T visa declarations. Some examples of how
various agencies or officials educate their officials about U visa certifications and T visa declarations and
how they designate a certifier or certifiers in their agencies include:
• Distributing department policy or a general order on the process and use of the U visa
certification or T visa declaration;
• Distributing a letter or memorandum from the Chief or Sheriff to the agency’s designee in
charge of signing U visa certifications or T visa declarations designating a process and authority
to certify;
• Designating the head of the Victim Witness Assistance Program as the certifier;
• Sending written notification, via email or other method, from the Chief or Sheriff to the entire
department explaining the purpose of the U or T visa, the certification/declaration process, and
who is/are designated as the certifier(s); and
• Assigning the Investigations Bureau Chief as the certifier to delegate an officer or supervisor to
review requests made by both law enforcement officers and the community and make a
recommendation on the certification to the Bureau Chief.
This Resource Guide can be distributed for informational and training purposes. Certifying agencies are
not required to have an internal policy or procedure before they can sign U visa certifications or T visa
declarations. DHS encourages certifying agencies to implement policies that accurately reflect and
conform with the statute, regulations and DHS policies and with the information contained in this and
other publications issued by USCIS and DHS on the U visa and T visa programs. If a policy exists, the
certifying agency is encouraged to send a copy to the Vermont Service Center of USCIS to keep on file to
LawEnforcement_UTVAWA.VSC@uscis.dhs.gov.
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Answers to Frequently Asked Questions for U Visa
Certifications (Form I-918B) and T Visa Declarations
(Form I-914B)
For several years, DHS has been providing training and holding external stakeholder events and
outreach, as well as working with law enforcement, judges, and other officials on U visa certifications
and T visa declarations. As a result, DHS has developed this list of answers to frequently asked questions
grouped by topic. In addition, law enforcement agencies may request additional training and
information by emailing USCIS at: T_U_VAWATraining@uscis.dhs.gov.
Questions Regarding the Certification and Declaration Process
Which law enforcement agencies are eligible to sign certifications or declarations?
A federal, state, local, tribal, or territorial law enforcement agency, prosecutor, judge, or other authority
that has the responsibility for the detection, investigation, prosecution, conviction or sentencing of a
qualifying crime or criminal activity or human trafficking is eligible to sign Form I-918B or Form I-914B.
This includes agencies with investigative jurisdiction in their respective areas of expertise, including but
not limited to: child and adult protective services, the Equal Employment Opportunity Commission
(EEOC), and Federal and State Departments of Labor (DOL). Law enforcement agencies that can provide T
visa declarations include components of the Department of Justice (United States Attorney’s Offices, the
Civil Rights and Criminal Divisions, the Federal Bureau of Investigation (FBI), and the U.S. Marshals
Service), components of the Department of Homeland Security (U.S. Immigration and Customs
Enforcement (ICE) and Customs and Border Protection (CBP)), the Department of Labor, and the
Diplomatic Security Service of the Department of State.
In cases where the information provided by the victim led to the detection of criminal activity, a certifying
agency may sign a certification. In these cases it does not matter if another agency will be the one to
determine whether to pursue a criminal investigation or prosecution. In cases where the police
investigated the crime and prosecutors are now prosecuting the case, both police and prosecutors may
sign a certification. The authority of the police to sign a certification does not end when the case is
referred for prosecution.
Who in the certifying agency can sign Form I-918B or Form I-914B?
Form I-918B: A certifying official(s) can sign Form I-918B. The U visa regulation defines a certifying
official as a judge or “[t]he head of the certifying agency, or any person(s) in a supervisory role who has
been specifically designated by the head of the certifying agency to issue U nonimmigrant status
certifications on behalf of that agency.” 8 C.F.R. § 214.14(a)(3). Although not required with each
certification, it is helpful to include a letter showing the designation of the signing official(s). The letter
would be signed by the agency head and would reflect that person with a particular rank or title within
the agency is to be the signing official(s).
Form I-914B: A supervising official of a Federal, state or local law enforcement agency that has the
responsibility and authority for the detection, investigation, or prosecution of severe forms of trafficking
in persons or other related activity may sign Form I-914B.
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Which Officials Meet the Definition of a Judge For U Visa Certification Purposes?
Any official with delegated authority from a federal, state, local, tribal or territorial court to decide cases
including but not limited to: administrative law judges, commissioners, magistrates, aldermen, judicial
referees, surrogates, masters, and chancellors.
Is my agency required to create a policy for reviewing and signing Form I-918B and Form I-914B? Is
there a template policy I may refer to in creating my agency’s policy?
No. A law enforcement agency is not required under federal regulations to create a policy to review and
sign Form I-918B or Form I-914B; however, many agencies have found this to be helpful. There is no
federal template for creating an agency policy; however, you may find helpful information among
similarly-situated federal, state, and local law enforcement agencies.
I am a designated official, but my agency and/or I have never signed a Form I-918B/I-914B. Should I
notify USCIS that I will be signing the form or is there a training I should go through before signing the
certification/declaration?
You are not required to submit any information to USCIS in advance or attend a training in order to sign
Form I-918, Supplement B or Form I-914, Supplement B. However, if you would like to notify USCIS that
you are the designated official, you may contact the Vermont Service Center directly at
LawEnforcement_UTVAWA.VSC@uscis.dhs.gov. You may pose questions to USCIS or provide notification
that you are the head of your agency and/or the designated official. Also, USCIS provides webinar
trainings for law enforcement officials. You may contact T_U_VAWATraining@uscis.dhs.gov to find out
information on the next webinar for law enforcement officials.
If I sign a certification or declaration, does the victim automatically get a U visa, T visa or lawful
immigration status?
No. There are many additional eligibility requirements that USCIS evaluates based on a victim’s U visa
petition or T visa application, depending on which visa the victim is seeking (see above sections.) Upon
receiving a U visa petition, including Form I-918B, or T visa application, USCIS will conduct a full review
of all evidence and a thorough background check of the victim before approving or denying the petition
or application. The background check will include an FBI fingerprint check, name and date of birth (DOB)
check, and a review of immigration inadmissibility issues, including security-based and criminal
inadmissibility grounds.
A victim may be found inadmissible if the victim does not meet required criteria in the Immigration and
Nationality Act to gain admission to or lawful immigration status in the United States. Victims may seek
a waiver of inadmissibility, which USCIS has discretion to grant. Waivers are considered based on the
totality of the evidence in the case and the results of the background check. USCIS may also contact the
certifying official for further information if necessary.
Note that, independent of the T and U visa processes, law enforcement agencies may seek “Continued
Presence” for trafficking victims. Continued Presence is a form of temporary immigration relief that may
be granted by ICE’s Homeland Security Investigations, Law Enforcement Parole Unit. Continued
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Presence enables the victim to work legally and remain in the United States without accruing unlawful
presence. State or local law enforcement officials who identify a victim of human trafficking who is a
potential witness should coordinate with their federal law enforcement partners to submit a request for
Continued Presence with their local ICE office for a particular individual. Even if the victim may
ultimately apply for and be granted a T or U visa, Continued Presence may provide greater stability to
the victim before the petition or application is submitted or while it is pending. Please see more
information about Continued Presence in this guide under the Other Protections for Victims section.
Am I legally required to sign this declaration or certification?
No. A law enforcement agency is under no legal obligation to complete a declaration or certification.
Signing is at the discretion of each law enforcement agency, in accordance with that agency’s policy.
However, it is important to note that:
• Without a certification, a U visa petition will be denied.
• The declaration is not required for a T visa, but it is an important piece of evidence submitted by
the applicant.16
Will my certifying agency be liable for any future conduct of someone who is granted a U or T visa?
What if I signed a certification or declaration for someone who later commits a crime?
No. A certifying agency/official cannot be held liable for the future actions of a victim for whom the
agency signed a certification or declaration or to whom DHS granted a U or T visa. The U visa certification
simply addresses whether the petitioner was a victim of a qualifying crime, possessed
information relating to the crime, and was helpful in the detection, investigation, prosecution, conviction,
or sentencing of that crime. The T visa declaration simply addresses whether the victim was a victim of
human trafficking and has complied with all reasonable requests for assistance. The certification and
declaration do not guarantee the future conduct of the victim or grant a U or T visa. USCIS is the only
agency that can grant a U or T visa. If a victim is granted a U or T visa and is later arrested or commits
immigration violations, federal immigration authorities will respond to those issues. If a certifying agency
or official later discovers information regarding the victim, crime, or certification that the agency believes
USCIS should be aware of, or if the agency or official wishes to withdraw the certification, the agency or
official should contact USCIS by emailing the Vermont Service Center at
Who decides which benefit to seek, a U or T visa?
The victim or victim’s advocate or attorney should make that decision and indicate the appropriate
certification or declaration for law enforcement to sign. It is possible that an individual may
qualify for both a U and a T visa.
16
http://www.uscis.gov/sites/default/files/USCIS/Resources/Humanitarian%20Based%20Benefits%20and%20Resources/TU_QAf
orLawEnforcement.pdf
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Helpfulness and Cooperation of the Victim:
A victim is requesting Form I-918B or Form I-914B, but I am unsure whether he or she meets the
helpfulness requirement or the compliance with reasonable requests requirement. May I sign this
certification or declaration?
Yes. Both the I-918B and the I-914B provide an opportunity for law enforcement to provide information
to USCIS about the extent of the victim’s assistance in the detection, investigation, prosecution,
conviction, or sentencing of criminal activity. You may complete the form including all information you
find relevant about the victim’s assistance. USCIS will ultimately determine whether the victim meets
these requirements.
• Form I-918B asks whether the victim possesses information concerning the criminal activity;
was, is, or is likely to be helpful in the investigation and/or prosecution of the criminal activity;
was asked to provide further assistance; and has unreasonably refused to provide assistance.
You may select “yes” or “no” to these questions and further explain your answers.
• Form I-914B asks the certifying officer to provide information about the victim’s cooperation
and includes several options to select regarding the victim’s cooperation with law enforcement.
What constitutes “helpfulness” or “enough cooperation” for a U visa certification?
USCIS regulation requires that the U petitioner has been, is being, or is likely to be helpful in the
detection, investigation, prosecution, conviction, or sentencing of the criminal activity. This means that
since the initiation of cooperation, the victim has not unreasonably refused to cooperate or failed to
provide information and assistance reasonably requested by law enforcement or prosecution in
connection with a criminal investigation or prosecution.
USCIS will not provide a U visa to those petitioners who, after initially cooperating with the certifying
official, refuse to provide continuing assistance when reasonably requested. USCIS also will not approve
the petitions of those who are culpable for the qualifying criminal activity.
What constitutes “complying with any reasonable request” for a T visa declaration?
USCIS regulations require that the victim of trafficking comply with reasonable requests from law
enforcement officials for assistance in the investigation or prosecution of the acts of trafficking in
persons. To determine whether the request from law enforcement is reasonable, USCIS takes into
account the totality of the circumstances, such as general law enforcement and prosecutorial practices;
the nature of the victimization; and the specific circumstances of the victim, including fear, severe
traumatization, and the age and maturity of young victims.
Law Enforcement Certification Authority and Timing:
At what stage in the criminal case can I sign a certification?
There is no required time when you may or may not sign a certification. It is possible to sign a
certification at any stage in the case, including at the point of detection, during an investigation, when
the prosecutor initiates a prosecution, before a trial, whether or not the victim is needed to testify, and
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after the case is concluded.
You may sign a certification regardless of the outcome of the qualifying criminal case, including in the
following instances:
• the prosecutor decided not to prosecute;
• the grand jury did not issue an indictment;
• the case was dismissed by the prosecutor or a judge;
• a case brought by the EEOC or DOL resulted in a judgment, settlement, or dismissal;
• a judge issued a protection order or custody ruling;
• a child abuse case was settled;
• the defendant entered a plea, whether or not the plea was to an offense that is a qualifying
criminal activity; and
• the defendant was found not guilty.
If an investigation or case is closed, may law enforcement still complete Form I-918B or Form I-914B?
Is there a statute of limitations?
Certifying officials may complete Form I-918B or Form I-914B for an investigation or prosecution that is
closed. There is no statute of limitations regarding the time frame in which the criminal activity must
have occurred. Federal legislation specifically provides that a victim may be eligible for a U visa based on
having been helpful in the past to the detection, investigation, prosecution, conviction, or sentencing of
criminal activity. A crime victim may be eligible to receive U visa certification when, for example, the
case is closed because the perpetrator could not be identified; a warrant was issued for the perpetrator
but no arrest could be made due to the perpetrator fleeing the jurisdiction or fleeing the United States,
or has been deported; before or after the case has been referred to prosecutors, as well as before or
after trial and whether or not the prosecution resulted in a conviction. A trafficking victim could be eligible
to receive a T visa declaration when a case is closed for similar reasons. The petitioner must still meet all the
eligibility requirements for a U or T visa to be approved.
Does the victim have to testify to be eligible for certification or declaration?
No. As mentioned above, there is no requirement that an arrest, prosecution, or conviction occur for
someone to be eligible for a U or T visa. While there is no requirement for the victim to testify at a trial
to be eligible for a U or T visa, if the victim is requested to testify, he or she cannot unreasonably refuse to
cooperate with the certifying law enforcement agency. If the victim unreasonably refuses to testify, the
agency or official should notify USCIS and may withdraw the previously signed Form I-918B or Form I-
914B.
What if the victim or witness has been detained or ordered removed for an immigration violation?
Individuals currently in removal proceedings or with final orders of removal may still apply for a U or T
visa. A petitioner for U nonimmigrant status or an applicant for T nonimmigrant status has
administrative remedies and is not prejudiced by completion of removal proceedings. Specifically, a
victim who is the subject of a final order of removal, deportation, or exclusion may still file a petition or
application for U or T nonimmigrant status directly with USCIS. If a victim is granted U or T
nonimmigrant status prior to, or after, removal, the regulations provide a procedure whereby the victim
may remain in or return to the United States. To avoid deterring individuals from reporting crimes, ICE
| 19
officers, special agents, and attorneys are expected to exercise all appropriate discretion on a case-by-
case basis when making detention and enforcement decisions in the cases of victims of crime, witnesses
to crime, and individuals pursuing legitimate civil rights complaints. Particular attention is paid to victims
of domestic violence, human trafficking, sexual assault, or other serious crimes, and witnesses involved in
pending criminal investigations or prosecutions. It is common for perpetrators to report immigrant crime
victims and witnesses to immigration enforcement officials to gain advantage in a civil or family law case
and/or to avoid prosecution in a criminal case. Congress created the U visa as a tool to counter such
efforts by perpetrators.17
If a judge, law enforcement official, prosecutor, or other certifying official is aware of a victim or witness
against whom a detainer has been lodged, who has been detained, who has been placed in removal
proceedings for an immigration violation, or who has been ordered removed, the official should promptly
contact his or her local ICE Enforcement and Removal Operations (ERO) contact or the local Office of the
Chief Counsel to make ICE aware of the situation. Specifically with regard to a lodged detainer, the law
enforcement official may notify the ICE Law Enforcement Support Center at (802) 872-6020 if the
individual may be the victim of a crime or if the officials want this individual to remain in the United
States for prosecution or other law enforcement purposes, including acting as a witness. If a victim is
scheduled to appear in court as a witness in a criminal or civil case, as a party in a protective order case or
as a parent in a case involving the victim’s children, judges and other certifying officials may contact the
Law Enforcement Support Center to arrange for ICE officials to bring the victim to court or to facilitate
participation in the court hearing electronically.18
Can I complete a U visa certification for a victim who is no longer in the United States?
Yes. While the criminal activity must have occurred in the United States, its territories, or possessions, or
have violated U.S. law, victims do not need to be present in the U.S. in order to be eligible for a U visa
and may apply from outside the United States.
Can I complete a T visa declaration for a victim who is no longer in the United States?
Yes. You may note, however, that one requirement of the T visa petition is that the victim be in the
United States on account of the severe form of human trafficking. USCIS, not the law enforcement
agency, determines whether the victim meets this physical presence requirement. Note that human
trafficking victims who have left the United States may be eligible for a U visa because trafficking is a
qualifying criminal activity. The decision whether to seek a T or U visa should be made by the victim, or
the victim’s advocate or attorney.19
Can I still certify if the perpetrator is no longer in the jurisdiction or prosecution is unlikely for some
reason?
17
VTVPA, Pub. L. No. 106-386, §§ 1502(a)(3), 1512(a)(2)(B), 114 Stat. 1464-1548 (2000).
18
See U.S. Immigration and Customs Enforcement, 11064.1: Facilitating Parental Interests in the Course of Civil Immigration
Enforcement Activities (Aug. 23, 2013)(hereinafter “ICE Parental Directive”)
available at: https://www.ice.gov/doclib/detention-reform/pdf/parental_interest_directive_signed.pdf and
U.S. igration and Customs Enforcement, FAQs on the Parental Interests Directive, available at:
https://www.ice.gov/about/offices/enforcement-removal-operations/parental-directive-faq.htm.
| 20
Yes. There is no statutory or regulatory requirement that an arrest, prosecution, or conviction occur for
someone to apply for a U or T visa. Instances may occur where the perpetrator has fled the jurisdiction,
left the United States, or been arrested for unrelated offenses by another agency in another jurisdiction.
An arrest, prosecution, or conviction may not be possible in these situations. A U visa petitioner will still
have to meet the helpfulness requirement by reasonably assisting the certifying law enforcement agency,
and will also have to meet all other eligibility requirements in order to qualify for a U visa. A T visa
applicant will still have to comply with all reasonable requests for assistance.
Can a victim’s petition still be approved if the defendant is acquitted or accepted a plea to a lesser
charge, accepted a plea to an offense that is not qualifying criminal activity, or if the case was
dismissed?
Yes. As mentioned above, a conviction is not required for someone to be eligible for a U or T visa. Plea
agreements and dismissals do not negatively impact the victim’s eligibility. As long as the victim has
been helpful in the detection, investigation, prosecution, conviction, or sentencing of the qualifying
criminal activity and meets all other eligibility requirements, the victim may petition for a U visa. In the
case of a T visa, as long as the individual has been subject to human trafficking and has complied with
reasonable requests for assistance, plea agreements and dismissals do not negatively impact the
victim’s eligibility. If the victim unreasonably refuses to assist the investigation or prosecution and harms
the criminal case, this will negatively impact the victim’s ability to receive an approval. The certifying law
enforcement agency should notify USCIS if the victim has unreasonably refused to cooperate in the
investigation or prosecution of the crime.
If a victim reports a crime that does not require investigation or cannot be investigated by my agency,
because, for example, the victim cannot identify the perpetrator or the perpetrator is deported or
fled the jurisdiction, may I certify that the person was helpful?
Yes. The law enforcement agency may sign Form I-918B or I-914B if the victim was helpful in the
detection of criminal activity. Each law enforcement agency may determine its own policy on reviewing
and signing Form I-918B or Form I-914B. USCIS will review each petition or application on a case-by-case
basis to determine whether the victim meets all eligibility requirements, including whether the person is
a victim of a qualifying crime or a victim of a severe form of trafficking and whether the person was
helpful or complied with reasonable requests for assistance.
What if the victim stops cooperating after I sign his/her certification or declaration?
At its discretion, a certifying agency may withdraw or disavow a Form I-918B or Form I-914B at any time
if a victim stops cooperating. When this occurs, the victim’s petition or application will be denied, and all
derivative family member applications associated with the original application or petition will also be
denied.
To withdraw or disavow a certification, the certifying agency must notify the USCIS Vermont Service
Center in writing or via email. Written notification regarding withdrawal or disavowal should include:
• The agency’s name and contact information (if not included in the letterhead);
• The name and date of birth of the individual certified;
• The name of the individual who signed the certification and the date it was signed;
• The reason the agency is withdrawing/disavowing the certification, including information
| 21
describing how the victim’s refusal to cooperate in the case is unreasonable;
• The signature and title of the official who is withdrawing/disavowing the certification; and
• A copy of the certification the agency signed (if a copy was retained by the agency).
The letter should be either scanned and emailed to the Vermont Service Center at
LawEnforcement_UTVAWA.vsc@uscis.dhs.gov, or mailed to:
USCIS-Vermont Service Center
ATTN: VAWA, T, and U Section
St. Albans, VT 05479.
U Visa Specific:
For a U visa, if one crime is initially detected or investigated but a different crime is eventually
prosecuted, does that have an impact on the certification?
A certification is valid regardless of whether the initial criminal activity detected or investigated is
different from the crime that is eventually prosecuted. As long as the person is a victim of a qualifying
criminal activity, that person may be eligible for a U visa. Examples include:
• An initial investigation of rape eventually leads to a charge and prosecution of sexual assault.
Both rape and sexual assault are qualifying crimes.
• An initial investigation of embezzlement leads to a charge and prosecution of extortion. While
embezzlement is not a qualifying crime, the investigation eventually led to a charge of extortion,
which is a qualifying crime. If the person assisting in the investigation or prosecution is a victim
of extortion, that person may qualify for a U visa.
• In the process of investigating drug trafficking allegations, police determine that the drug
trafficker’s wife is a victim of domestic violence. The victim reported the domestic abuse. The
state brings a prosecution against the husband for drug offenses but not domestic violence
crimes. The wife is cooperating in the drug prosecution. Law enforcement may complete a
Form I-918B certification for reporting the domestic abuse case that is not being prosecuted.
• An initial investigation of Fraud in Foreign Labor Contracting leads to a charge and prosecution
of obstruction of justice.
Form I-918B certifications may also be submitted for criminal activities similar to the list of qualifying
criminal offenses. Examples include:
• An investigation or prosecution into a charge of video voyeurism may fall under the qualifying
crime of sexual exploitation. This may be determined by state or local criminal law and the facts
and evidence in that specific case. Please note that while video voyeurism is not specifically
listed as a qualifying crime, it may be considered a type of sexual exploitation, which is a
qualifying crime. The victim would need to show how these crimes are related and present this
evidence to USCIS, along with the Form I-918B certification form signed by a certifying law
enforcement agency.
• An investigation or prosecution of child abuse or elder abuse may fall under the qualifying
criminal activity of domestic violence. This occurs under the state domestic violence protection
order statute or criminal domestic violence statute when the abuse experienced by the child,
disabled adult, or senior meets the statutory elements of domestic violence. When the
perpetrator/victim relationship is covered by the state protection order statute or criminal
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domestic violence laws, the child, dependent adult, or elder abuse is considered domestic
violence under state law. When this occurs, child, elder and dependent adult abuse cases may
be considered a form of domestic violence.
• An investigation or prosecution of dating violence may fall under the qualifying criminal activity
of domestic violence or stalking. When a state’s domestic violence statute includes dating
violence, then dating violence may be considered a form of domestic violence, a qualifying
criminal activity. Similarly, stalking can be a part of the pattern of abuse co-occurring with dating
violence. When the facts and evidence in the specific case meet the definition of stalking under
state criminal laws or under a state’s stalking protection order statute, dating violence may be
considered stalking which is a qualifying criminal activity.
A victim would need to show how these crimes are related and present this evidence to USCIS, along
with the Form I-918B certification signed by a certifying agency or official.
A victim has approached me to request certification of Form I-918B for a crime not listed on the form.
How may I fill out Form I-918B in this circumstance?
A law enforcement official may sign Form I-918B to indicate a person’s helpfulness in the detection,
investigation, prosecution, conviction, or sentencing of criminal activity. Each jurisdiction uses different
terms for criminal activity. Also, each jurisdiction’s crime definitions may include slightly different
elements. Form I-918B requests the official to list statutory citations for the criminal activity. The official
should provide those citations and may also provide information about the elements of the criminal
activity and how it involves or is similar to the statutory list of criminal activity for the U visa.
Who would qualify to file for a U visa as an indirect victim?
Under certain circumstances, an indirect victim of a qualifying criminal activity may file as the principal
applicant in a U visa petition. These circumstances include:
• In the case of murder, manslaughter, incompetent or incapacitated victims (which include
children under 21 years of age):
o Spouses; and
o Children under 21 years of age at the time of filing.
• If the victim of the criminal activity is under 21 years of age at the time the qualifying criminal
activity occurred:
o Parents; and
o Unmarried siblings under 18 years of age at the time of the qualifying criminal activity.
In the case of witness tampering, obstruction of justice or perjury, a victim can demonstrate that he or
she has been directly or proximately harmed by one of these criminal activities if he or she can show that
there are reasonable grounds to conclude that the perpetrator principally committed the offense as
a means to avoid or frustrate efforts to investigate, arrest, prosecute, or otherwise bring him or her to
justice for other criminal activity, or to further his or her abuse, exploitation of, or control over the
immigrant through manipulation of the legal system.
If the victim is a child, why would a non-citizen parent ask for a Form I-918B certification stating that
the parent was the victim?
In many cases where a child is the victim of criminal activity, the child may not be able to provide law
| 23
enforcement with adequate assistance. This may be due to the child’s age or trauma suffered, among
various other reasons. Parents of a child victim play a crucial role in detecting and reporting criminal
activity, providing information and assisting certifying officials in the detection, investigation, prosecution,
conviction, or sentencing of the crime committed against the child. Recognizing this, an alien parent can
apply for a U visa seeking to be recognized as an “indirect victim” if the principal victim is a child under 21
years of age and is incompetent or incapacitated to provide assistance to certifying officials in the
detection, investigation, prosecution, conviction, or sentencing of the criminal activity committed against
the child or if the child is deceased due to murder or manslaughter. The immigration status of the child
victim is not relevant to this determination; Form I-918B can be submitted for an alien parent whether
or not the child is a U.S. citizen or a non-citizen. The parent(s), in order to qualify as an “indirect victim,”
must meet the remaining eligibility requirements for a U visa to receive an approval. Therefore, the
“indirect victim” parent(s) must have information about the criminal activity, and must have been or be
currently helpful, or must be willing to be helpful, to certifying officials in the detection, investigation,
prosecution, conviction, or sentencing of the criminal activity and the criminal activity must have
occurred in the United States or violated U.S. law. The parent(s) must also demonstrate that he, she, or
they suffered substantial physical or mental abuse as a result of the criminal activity and will be subject to the
standard background checks (FBI fingerprint and name/DOB check) and immigration records review as
well.
What constitutes “possesses information” for U visa petitioners?
To be eligible for a U visa, the victim of the criminal activity must possess credible and reliable
information establishing that the victim has knowledge of the details of the criminal activity or events
leading up to the criminal activity, including specific facts about the crime/victimization leading the
certifying agency or official to determine that the victim has assisted, is assisting, or is likely to provide
assistance in the detection, investigation, prosecution, conviction, or sentencing of the criminal activity.
If the victim was under 16 years of age or incompetent or incapacitated at the time the qualifying
criminal activity occurred, a parent, guardian, or next friend may possess the information. A “next
friend” is defined as a person who acts for the benefit of an alien who is under 16 or incompetent or
incapacitated. The next friend is someone dedicated to the best interests of a victim who cannot appear
on his or her own behalf because of inaccessibility, mental incompetence, or other disability. A next
friend cannot be a party to a legal proceeding involving the victim and cannot be a court appointed
guardian. A next friend also does not qualify for a U visa or any immigration benefit simply by acting as a
next friend for the victim, but he or she may possess information about the criminal activity and may
provide the required assistance. It is important to note that both “direct” and “indirect” victims can
qualify to petition for U visas. Although they were not the direct victim of the criminal activity, indirect
victims may possess information that is helpful to the detection, investigation, prosecution,
investigation, conviction, or sentencing of criminal activity.
Who determines if the “substantial physical or mental abuse” requirement has been met for the U
Visa?
USCIS will make the determination as to whether the victim has met the “substantial physical or mental
abuse” standard on a case-by-case basis during its adjudication of the U visa petition. Certifying agencies
and officials do not make this determination. Certifying agencies and officials may, however, provide any
information they deem relevant regarding injuries or abuse on the Form I-918B. The Form I-918B asks
the certifying official to provide information about any injuries the agency or official knows about, has
| 24
documented, or has made findings about. If the certifying agency or official has documentary evidence
of injuries to the victim, the severity of the perpetrator’s conduct, or the emotional impact on the
victim’s mental health as affected by the criminal activity, it is helpful to attach any relevant evidence of
these facts, such as, photographs, police reports, findings, or court orders. While USCIS will consider any
evidence of substantial physical or mental abuse provided by law enforcement, the U visa petitioner has
the burden of proving the substantial physical or emotional abuse.
Factors that USCIS uses to make this determination are:

• the nature of the injury inflicted;
• the severity of the perpetrator’s conduct;
• the severity of the harm suffered;
• the duration of the infliction of the harm; and
• the extent to which there is permanent or serious harm to the appearance, health, or physical or
mental soundness of the victim.
The existence of one or more of these factors does not automatically signify that the abuse suffered was
substantial.
USCIS Processing:
What do I do with a completed certification or declaration?
Once the certifying official completes and signs the Form I-918B or Form I-914B, the original should be
given to the victim or the victim’s legal representative or advocate, so that it can be added to the
original U visa petition or T visa application packet before submission to USCIS. Please also note that
only a law enforcement official, prosecutor, judge, or other government official authorized to sign
certifications/declarations may complete and sign the Form I-918B or Form I-914B. The victim or the
victim’s attorney or advocate may not sign the Form I-918B or Form I-914B.
I already signed Form I-918B or Form I-914B, but the victim has returned asking for another newly
signed form. Why is this happening?
This may occur for two reasons. An application or petition must be submitted within six months after
Form I-918B certification has been signed by law enforcement. If the Form I-918B expired before the
petitioner was able to file the petition with USCIS, the victim would require a new form in order to
properly file the U visa petition.
Also, a victim who has an approved U or T visa may become eligible and apply for lawful permanent
resident status (i.e. a green card). To be eligible for adjustment of status, U visa holders cannot
unreasonably refuse to provide assistance to an official or law enforcement agency, and T visa holders
must continue to cooperate with reasonable requests from law enforcement. As evidence, the victim
may request the law enforcement official to provide a newly signed Form I-918B, or Form I-914B or a
signed document from the official or law enforcement agency.
Is there an “expiration date” on the Form I-918B or Form I-914B?
Form I-918B expires six months after the certifying official signs the form. USCIS must receive the
| 25
properly filed U visa petition including the Form I-918B within six months of the date on the Form I-
918B. There is no expiration date for the Form I-914B.
What are the safeguards for protecting the U and T visa program against fraud?
USCIS recognizes that certifying agencies and officials may be in the best position to determine if a
qualifying crime has taken place. If, in the normal course of duties, a certifying official or agency has
determined that a qualifying criminal activity has taken place, the victim possessed information related
to the criminal activity, and the victim has been helpful, law enforcement may sign the U visa
certification. Whether a certifying agency or official signs the certification is under the authority of the
agency or official. The certification also acts as a check against fraud and abuse, as the certification is
required in order to be eligible for a U visa.
USCIS takes fraud and abuse of the U and T visa programs seriously. If USCIS suspects fraud in a U visa
petition or T visa application, USCIS may request further evidence from the petitioner and may also reach
out to the certifying official or agency for further information. USCIS also has a dedicated unit with the sole
purpose of targeting and identifying fraudulent immigration applications. The Fraud Detection and
National Security (FDNS) unit of USCIS conducts investigations of cases that appear fraudulent and works
with other Federal, State, and local law enforcement agencies when fraud or abuse is discovered.
As an additional check against fraud, a U visa recipient cannot obtain a green card unless the victim
proves that he or she cooperated, when requested, with law enforcement or prosecutors. In order to
obtain a green card, if the U visa victim did not cooperate, he or she must prove to DHS’ satisfaction that
his or her refusal to cooperate was not unreasonable. A T visa recipient cannot obtain a green card
unless he or she continues to comply with law enforcement’s reasonable requests for assistance and has
maintained good moral character since issuance of the T visa.
Will USCIS approve a victim with a criminal history?
USCIS may deny a U visa petition or T visa application for a variety of reasons including the victim’s
criminal history. Denials may occur in cases where a victim has multiple arrests or convictions, or has a
serious or violent criminal arrest record. USCIS may also deny a petition if the victim was complicit or
culpable in the qualifying criminal activity of which he or she claims to be a victim. USCIS conducts
background and security checks (FBI fingerprint check, name/date of birth check, and a check of
immigration records) on U visa petitioners and T visa applicants and reviews all available information
concerning arrests, immigration violations, and security issues before making a final decision. The fact
that a victim has a criminal history does not automatically preclude approval of U or T nonimmigrant
status. Each petition or application is evaluated on a case-by-case basis, and USCIS takes into account
whether any criminal behavior was related to the victimization. If the certifying official believes USCIS
should know something particular about a victim’s criminal history, that information can be cited on the
certification or with an attached report or statement detailing the victim’s criminal history with that law
enforcement agency or his or her involvement in the crime.
| 26
Other Law Enforcement Tools to Assist in Investigations
and Prosecutions
There are two significant tools law enforcement agencies can use to benefit immigrant victims who may
not qualify for a T or U visa, but who may need a means of temporarily being in the United States
lawfully during the course of an investigation. These tools include Continued Presence and Significant
Public Benefit Parole.
Continued Presence
Continued Presence (CP) is a form of temporary immigration relief available to individuals who are
identified by law enforcement as victims of human trafficking and who are potential witnesses in an
investigation or prosecution. CP is authorized by ICE Homeland Security Investigations (HSI) Parole and
Law Enforcement Program Unit and can only be sponsored by a federal law enforcement agent. An
application for CP should be initiated immediately upon identification of a victim of human trafficking.
CP allows victims of human trafficking to remain in the United States during an ongoing investigation into
human trafficking- related crimes committed against them. CP is initially granted for one year and may be
renewed in one-year increments. Recipients of CP also receive work authorization and social service
benefits through the Department of Health and Human Services Office of Refugee Resettlement, which
provides a sense of stability and protection. These conditions improve victim cooperation with law
enforcement, which leads to more successful prosecutions and the potential to identify and rescue more
victims.
CP is available to all trafficking victims, even if a human trafficking violation is not charged, if charges are
never brought, or the victim is not cooperating in a law enforcement investigation. However, once an
investigation has ended and a decision not to prosecute has been made, CP is no longer appropriate.
State, local, tribal, and territorial law enforcement officials who would like to request CP for human
trafficking victims are encouraged to work with the local HSI office in their area. In addition, Victim
Assistance Coordinators can assist law enforcement officials in obtaining referrals to non-governmental
victim services providers who can offer a variety of services to assist crime victims, such as immigration
legal assistance, crisis intervention, counseling, medical care, housing, job skills training, and case
management.
Significant Public Benefit Parole
Significant Public Benefit Parole (SPBP) may be utilized as a means of permitting an individual outside of
the U.S. to enter the U.S. temporarily to serve as a witness, defendant, or cooperating source, and if
necessary in extremely limited cases, the individual’s immediate family members. It must be emphasized
that SPBP will only be granted for the minimum period required to accomplish the requested purpose,
for example, if a trial is 3 months long, parole will be granted for 3 months. SPBP is a temporary measure
used on a case by case basis to allow an individual who is otherwise inadmissible to enter the United
States.
| 27
Other Forms of Legal Status for Immigrant Victims
Federal law provides additional options for immigration status to victims and witnesses of crime who
may or may not be eligible for a T or U visa, including status under the Violence Against Women Act
(VAWA) and Special Immigrant Juvenile Status (SIJS):
VAWA
Recognizing that immigrant victims of domestic violence may remain in an abusive relationship when
their immigration status is tied to their abuser, the Violence Against Women Act of 1994 (VAWA) created
a self-petitioning process that removes control from the abuser and allows the victim to submit his or her
own petition for permanent residence without the abuser’s knowledge or consent. Those eligible for
VAWA protection include the abused spouse or former spouse of a U.S. citizen or Lawful Permanent
Resident, the abused child or step-child of a U.S. citizen or lawful permanent resident, or the abused
parent of a U.S. citizen. VAWA immigration relief applies equally to women and men. To file for VAWA
immigration relief, the self-petitioner must send a completed Form I-360 (Petition for Amerasian,
Widow(er), or Special Immigrant) along with corroborating evidence to USCIS. A law enforcement
certification is not needed in these cases.
Special Immigrant Juvenile Status
Some children present in the United States without legal immigration status may be in need of
humanitarian protection because they have been abused, abandoned, or neglected by a parent. The
abuse may have occurred in the United States or prior to the child’s arrival in the United States.
Special Immigrant Juvenile (SIJ) status is an immigration classification that may allow vulnerable children
to immediately apply for Lawful Permanent Resident status. To be eligible for SIJ, a child must:
• be unmarried, under 21 years of age at the time of filing Form I-360 with USCIS;
• be physically present in the United States; and
• have an order from a state court with jurisdiction over the child that: (1) declares the child is a
dependent of the court/dependent on the court, or legally commits or places the child under
the custody of either a state agency or department or an individual or entity appointed by a
juvenile court; (2) declares reunification with one or both of the child’s parents is not viable due
to abuse, neglect, abandonment, or a similar basis under state law; and (3)finds it would not be
in the child’s best interest to be returned to his or her country of origin.
| 28
DHS Contact Information
USCIS Contacts
Type of Information/Inquiry Where to go/Who to contact

For more information about the U and T visa www.uscis.gov
programs and law enforcement certifications www.uscis.gov/humantrafficking
and declarations:
To ask a question about a specific case or to The question or rescind letter should be scanned and
rescind a signed certification or declaration: emailed to the Vermont Service Center at:
Please note that this e-mail address is for law enforcement
personnel only. Any e-mail sent by any person or entity that is
not law enforcement to this specific e-mail address will not be
answered.
or mailed to:
USCIS-Vermont Service Center
Attn: VAWA,T, & U Section
St. Albans, VT 05479
To request T or U visa training for your agency: T_U_VAWATraining@uscis.dhs.gov
To ask specific policy questions about T and U Call (202) 272-1470
visa certifications:
Representatives may submit an inquiry regarding hotlinefollowupI918I914.vsc@uscis.dhs.gov
a specific case by emailing:
Citizenship and Immigration Services Ombudsman
The Office of the Citizenship and Immigration Services Ombudsman (Ombudsman) is dedicated to
improving the quality of citizenship and immigration services delivered to the public by providing
individual case assistance, as well as making recommendations to improve the administration of
immigration benefits by USCIS. Created by section 452 of the Homeland Security Act of 2002, the
Ombudsman is an impartial and confidential resource that is independent of USCIS. Customers can
request case assistance by visiting the website listed below. The Ombudsman’s Office also has a duty
officer available Monday-Friday between 11 a.m. and 3 p.m. to answer emails and phone calls for those
who are unable to file through the online process.

For more information about the CIS Ombudsman www.dhs.gov/cisombudsman
and protections for victims:
To refer U visa petitioners or T visa applicants who http://cisomb.dhs.gov/oca/form7001.aspx
are experiencing problems that have not been
able to be resolved through DHS customer
assistance avenues:
| 29
To request telephonic case assistance: Toll Free: (855) 882-8100
Phone: (202) 357-8100
To share specific policy concerns about T and U cisombudsman@dhs.gov

visa certifications or request information about a
pending request for assistance:
U.S. Immigration and Customs Enforcement (ICE)

If a law enforcement official is aware of a victim of human trafficking, the official should promptly contact
his or her local ICE Homeland Security Investigations (HSI) office. If a law enforcement official is aware of a
victim or witness against whom a detainer has been lodged, who has been detained, who has been
placed in removal proceedings for an immigration violation, or who has been ordered removed, the
official should promptly contact his or her local ICE Enforcement and Removal Operations (ERO) contact
or the local Office of the Principal Legal Advisor (OPLA) to make ICE aware of the situation.

To contact your local ICE HSI office: http://www.ice.gov/contact/hsi/
To contact your local ICE ERO office: http://www.ice.gov/contact/ero/
To contact your local ICE OPLA office: http://www.ice.gov/contact/opla/
Specifically with regard to a lodged detainer, the Phone: (802) 872-6050

law enforcement official should notify the ICE Law LESC Computer Services Division
Enforcement Support Center: 188 Harvest Lane
Williston, Vermont 05495
https://www.ice.gov/contact/lesc
Office for Civil Rights and Civil Liberties

To refer individuals who would like to file a By Mail:
complaint concerning abuses of civil rights, civil Office for Civil Rights and Civil Liberties
liberties, and profiling on the basis of race, U.S. Department of Homeland Security Building 410,
ethnicity, or religion, by employees and officials of Mail Stop #0190
the Department of Homeland Security: Washington, D.C. 20528
By Phone or Email:
Phone: (202) 401-1474
Toll Free: (866) 644-8360
TTY: (202) 401-0470
Toll Free TTY: (866) 644-8361
Fax: (202) 401-4708
E-mail: crcl@dhs.gov
| 30
To report a violation of T visa, U visa, or VAWA By Mail:
relief confidentiality protections by a federal Office for Civil Rights and Civil Liberties
employee (see 8 U.S.C. § 1367(a)(2)). U.S. Department of Homeland Security Building 410,
Mail Stop #0190
Washington, D.C. 20528
By Phone or Email:
Phone: (202) 401-1474
Toll Free: (866) 644-8360
TTY: (202) 401-0470
Toll Free TTY: (866) 644-8361
Fax: (202) 401-4708
crcl@dhs.gov
VAWA@hq.dhs.gov
Office for State and Local Law Enforcement
On the recommendation of the 9/11 Commission, Congress created the Office for State and Local Law
Enforcement (OSLLE) in 2007 to serve as the liaison between the Department of Homeland Security and
non-Federal law enforcement agencies across the country. The primary mission of OSLLE is to lead the
coordination of DHS-wide policies related to state, local, tribal, and territorial law enforcement’s role in
preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and
other man-made disaster within the United States. For more information about DHS coordination with
federal, state, local, tribal, and territorial law enforcement, please contact the DHS Office for State and
Local Law Enforcement.
Phone: (202) 282-9545

Email: OSLLE@hq.dhs.gov
| 31
Further Resources
Links and Information for T & U Nonimmigrant Status Resources
Victims of Human Trafficking -T Nonimmigrant Victims of Human Trafficking: T Nonimmigrant Status

Status Information:
Victims of Criminal Activity - U Nonimmigrant Victims of Criminal Activity: U Nonimmigrant Status

Status Information:
Information Guides: ICE Toolkit for Prosecutors
DHS Council on Combating Violence Against Women

Resource Guide
Poster: Don't Be Afraid To Ask For Help
Brochures: Immigration Options for Victims of Crime
Information for Law Enforcement Officials (PDF)
Pamphlet on victim support (PDF) for law

enforcement, first responders, and healthcare
professionals
Pamphlet on victim support for judges (PDF)
Brochure on T visa, U visa and VAWA (PDF)
Brochure on Continued Presence (PDF)
Pamphlet on the Legal Rights Available to Immigrant

Victims of Domestic Violence in the United States and
Facts About Immigrating on a Marriage-Based Visa
Video: Video on the U and T visa and other immigration relief

process and paperwork for law enforcement
Video on the T Nonimmigrant Status - Immigration

Relief for Victims of Human Trafficking
Human Trafficking 101 – DHS Blue Campaign
| 32
Roll-Call Video (Part 1) featuring law enforcement
experts explaining human trafficking
Roll-Call Video (Part 2) featuring law enforcement

experts explaining immigration relief
The DHS Federal Law Enforcement Training Center

(FLETC) offers a web-based human trafficking training
course which teaches law enforcement officers how to
recognize human trafficking during routine duties,
protect victims, and initiate human trafficking
investigations.
Anti-human trafficking task forces comprise federal,
state, local, county, and tribal law enforcement and
Non-Governmental Organization Support prosecutors, as well as non-governmental
organizations (NGOs) providing victim services. To find
out whether there is a task force in your area, visit the
Bureau of Justice Assistance, Anti-Human Trafficking
Task Force Initiative Web page.
| 33
U Visa Certification
Protocols for L.A.
County Certifiers
Appendix I
DECLARATION IN SUPPORT OF ACCESS TO AND
COPIES OF JUVENILE RECORDS
INSTRUCTION SHEET
Dear Applicant:
Records related to the abuse or neglect of minors generated by the Department of Children and Family
Services (DCFS) and/or the Juvenile Court are confidential and may only be accessed by a specific class of
persons and/or entities (WIC §827(a)(1)). Juvenile records may not be obtained via a subpoena duces tecum
(Lorenza P. v. Superior Court (1988) 197 Cal. App. 3d 607; Rule of Court 5.552 & Local Rule of Court 7.2) or
through a Public Records Act request. The Juvenile Court has exclusive jurisdiction in these matters and
determines the extent to which juvenile files will be released (Wescott v. County of Yuba (1980) 104
Cal.App.3d 103, 110).
To access juvenile records, you must be eligible under one of the categories in Section A on the attached
Declaration in Support of Access to and Copies of Juvenile Records (Declaration) form. If you are eligible,
please complete the Declaration in its entirety. Be sure to include your legal name and mailing address (P.O.
Boxes are not permitted), the name of your agency or department, if applicable, the minor(s) name(s) and
date(s) of birth, and the mother’s name and date of birth. Declarations may be mailed, faxed, or emailed to:
Office of the County Counsel – Confidentiality Unit

201 Centre Plaza Drive, Suite 1
Monterey Park, CA 91754
Fax: (323) 881-3791
Dependencyrecords@counsel.lacounty.gov
Be advised that you may not be entitled to certain information in the file which otherwise may be confidential
(e.g. the name of the person who reported the allegation of abuse or neglect, psychiatric or medical reports of
persons other than you, your biological or adopted child, your client, or the person about whom your
investigation pertains, police reports involving other unrelated minors, etc.)
If you are NOT eligible under one of the categories in Section A of the Declaration and you want to obtain
copies of confidential juvenile records, you must complete and file a Request for Disclosure of Juvenile Case
File (JV-570) petition with the Juvenile Court’s Presiding Judge’s Office. The petition may be submitted to:
Juvenile Dependency Court

Office of the Presiding Judge, Department 400
201 Centre Plaza Drive
Tel.# (323) 307-8096
If you seek to have a DCFS social worker personally appear at a court proceeding to testify to the records or to
an investigation, please issue a Civil Subpoena for Personal Appearance at Trial or Hearing (SUBP-001) and
serve it on the County Counsel’s Office at the above address. Due to the confidential nature of juvenile
records, social workers cannot and will not bring juvenile records to court. Pursuant to Government Code
§68096.1, subpoenas for appearance in non-criminal, civil or family court proceedings must be accompanied
by a check in the amount of $275 made payable to the Office of the County Counsel. To allow us ample time
to contact the social worker to appear in court, subpoenas served less than five (5) business days prior to the
court proceeding may not be accepted.
INSTRUCTION SHEET
CONTACT INFORMATION:
All applicants MUST complete this section in its entirety. Please be sure to include your name, complete
mailing address (NO postal boxes), including apartment or suite number, and telephone number. In the
box labeled “Reserved for Clerk’s File Stamp,” write the name of the mother of the child for whom
records are requested and her date of birth, if known. If you know the Dependency or Delinquency court
case number, please include it in the designated section.
Note: If you are an attorney completing this Declaration on behalf of your client, you must also
complete Section B.
A. ELIGIBLE PARTIES:
Please check one box that best describes your relationship to the minor for whom records are requested.
Check one (1) box ONLY.
C. TYPE OF RECORDS:
Check only the boxes that apply to the type of records you seek. Do not check the box for Juvenile
Dependency or Juvenile Delinquency court files if there was NO court proceeding. If there was a
court proceeding, please contact the Court Clerk’s Office at (323) 307-8096 to obtain copies of the
records. If the alleged abuse or neglect was investigated by a social worker only, check the box for
“DCFS.”
D. REASON FOR REQUEST:

Please state the reason for the request. With very few exceptions, juvenile records cannot be
released or disseminated to persons not entitled to access them under WIC 827. Please note the
warning below.
SIGNATURE & DATE:

Declarations that do not contain an original signature will NOT be processed and will be returned to the
requesting party. Electronic signatures are not acceptable. Attorney designees, including paralegals,
investigators, and social workers, must sign their name.
NAME, ADDRESS, AND TELEPHONE NUMBER OF ATTORNEY OR PARTY WITHOUT ATTORNEY: Reserved for Clerk’s File Stamp
ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
COURTHOUSE ADDRESS:
Juvenile Division
201 Centre Plaza Drive
PETITIONER:
CHILD’S NAME: DOB:
CASE NUMBER:
DECLARATION IN SUPPORT OF ACCESS TO JUVENILE RECORDS
(WIC §827, CRC Rule 5.552; Local Rule 7.2) Dependency
Delinquency
A. Are you one of the entitled parties or agencies listed under Welfare & Institutions Code (WIC) §827, California Rules of
Court, Rule 5.552, and Los Angeles Superior Court (LASC) Local Rules (LR), Rule 7.2? (Check 1 box only):
1. Court Personnel
2. Child/Non-Minor Dependent who is the subject of a juvenile proceeding
3. Attorney for subject child or his or her agent with proper proof of affiliation (including appellate attorney) [continue to
Section B below] actively participating in a criminal or juvenile proceeding.
4. Subject child’s parent who still has parental rights or child’s legal guardian
5. The attorney for subject child’s parent who still has parental rights or child’s legal guardian, or his or her agent with proper
proof of affiliation (including appellate attorney) [continue to Section B below]
6. The County Counsel, City Attorney, or any other attorney representing the petitioning agency in a dependency action, or
his or her agent with proper proof of affiliation [continue to Section B below]
7. Attorney authorized to prosecute adult criminal or juvenile matters under California state law (district attorney, city attorney,
city prosecutor), or his or her agent with proper proof of affiliation [continue to Section B below]
8. Judge, referee, hearing officer, probation officer, or law enforcement officer actively participating in adult criminal or juvenile
proceedings involving the minor
a. Criminal case number:
b. Juvenile case number:
9. State Department of Social Services staff for the purposes delineated in WIC section 827(a)(1)(I), CRC 5.552(b)(1)(J), LR
7.2(a)(2)(h)
10. State Department of Social Services staff for purposes delineated in WIC section 827(a)(1)(J), LR 7.2(a)(2)(i)
11. Member of child protective agencies per Penal Code section 11165.9 (police, sheriff, county probation, county child
welfare)
12. Superintendent or designee of school district where child attends or is enrolled
13. Member of child’s multi-disciplinary team as provided in WIC section 830, 830.1, and 18951(d)
14. Person or agency currently providing supervision or treatment of child (physician, surgeon, other health care providers,
psychotherapist, sexual assault or domestic violence counselor, group home or foster family agency social worker/case
managers, regional center consumer service coordinator)
a. Title & relationship to child:
15. Family law judicial officer, or clerk acting on behalf of judicial officers
a. Family law case number:
16. Family law mediator or court appointed evaluator actively participating in a family law case involving the subject minor
(including person performing investigation or assessment)
17. Court-appointed counsel for minor in family law case under Family Code section 3150. Counsel for the minor on related
matters is required to provide a copy of the court order appointing him/her as minor’s counsel.
LAJUV 010 (Rev. 09/16)

Codes(s) Welfare and Institutions
LASC 09/16 DECLARATION IN SUPPORT OF ACCESS Code §§ 827 and 362.5
TO JUVENILE RECORDS California Rules of Court, Rule 5.552
For Optional Use Local Rule 7.2
SHORT TITLE: CASE NUMBER:

18. Court-appointed probate guardianship investigator
a. Probate case number:
19. Local child support agency for establishing paternity and establishing or enforcing child support orders
20. Juvenile Justice Commission as established under WIC section 225
21. Person from an Indian tribe, reservation, or tribal court serving in a similar capacity as those listed in Section A, numbers 1,
3, 5, 6, 11, 13, 15, 16, 17, or 18
a. If so, what tribe?
b. Please specify your role:
22. Other (including pursuant to court order; please attach copy of order)
B. Attorney
Name: State Bar #: Case No:
Court (criminal, juvenile, etc.) Client Name:
Client’s relationship to subject of juvenile records:
C. What type of records are you requesting to access?
Juvenile Court File Agency Records

Dependency DCFS
Delinquency Probation
If you are entitled and wish to access records from the Department of Children and Family Services (DCFS), please submit
this form to DCFS Records Unit/Office of County Counsel – address: 201 Centre Plaza Dr. Ste. 1, Monterey Park, CA 91754 –
phone number: (323) 526-6100 – email: Dependencyrecords@counsel.lacounty.gov. If you are entitled and wish to access
records from the Probation Department, please contact the Custodian of Records at (562) 940-2876, or send an email to
civillitigationoffice@probation.lacounty.gov.
D. Why are you requesting the records?
For personal use

Other reasons (please specify):
Will you share the records with anyone else? If so, with whom? (Please provide name and title)
WARNING: Any records, reports, or information obtained from the juvenile record(s) shall not be further released or disseminated to
persons or agencies not otherwise entitled to access to juvenile records pursuant to WIC section 827, CRC 5.552, and LR 7.2 (i.e.
agencies/individuals listed above). Further, juvenile records shall not be attached to any documents without prior approval of the
Juvenile Court Presiding Judge, unless they are used in connection with a criminal investigation or juvenile court proceeding to declare
a minor a dependent or ward of the Court.
I declare under penalty of perjury that the foregoing is true and correct and that I am aware of the above warning regarding
dissemination of juvenile records.
Date: Signature:
________________________________________________________________________________________
LAJUV 010 (Rev. 09/16) Page 2 of 2
DECLARATION IN SUPPORT OF ACCESS Codes(s) Welfare and Institutions
LASC DRAFT 09/16
TO JUVENILE RECORDS Code §§ 827 and 362.5
For Optional Use California Rules of Court, Rule 5.552
Local Rule 7.2
FREQUENTLY ASKED QUESTIONS (PUBLIC)
Q: A social worker with the Department of Children and Family Services (DCFS) investigated
an allegation of abuse or neglect regarding my child, my sibling(s), and/or me. How do I
obtain a copy of the investigation?
You must complete and file a Declaration in Support of Access to and Copies of Juvenile Records
(Declaration) form with the Office of the County Counsel, 201 Centre Plaza Drive, Suite 1, Los
Angeles, CA 91754. Because juvenile records are confidential by law, you are only entitled to
your and/or your children's records, NOT those of your siblings.
Q: Where do I obtain a Declaration form?
You may obtain a Declaration form from the Los Angeles Superior Court’s Website at:
http://www.lacourt.org/forms/juvenile.
Q: How do I submit my request for records to the County Counsel’s Office?
Requests may be mailed to: Office of the County Counsel, 201 Centre Plaza Drive, Suite 1,
Monterey Park, CA 91754 or emailed to dependencyrecords@counsel.lacounty.gov or faxed to
(323) 881-3791. Please note that records more than 20 years old may be lost or destroyed.
Q: Is there a fee for records?
Yes. County Counsel will charge a fee for all records requested after July 1, 2016. Fees are based
on the amount of time it takes to retrieve and process the requested records. Records are stored
off-site and must be retrieved and processed before they can be turned over to you. We will bill in
15 minute increments at $19.20 per 15 minutes. Estimates of the total cost to produce the records
will be provided to the requesting party before the records are processed. The requesting party
must confirm in writing that s/he agrees to pay the estimated amount or a negotiated portion
thereof. Payment MUST be received prior to the release of records. Only checks or money orders
made payable to Los Angeles County are accepted. No cash or credit card payments accepted.
Q: Do you accept fee waivers? Or, is financial assistance available?
Yes. Previously "filed and accepted" fee waivers from other courts (family law, probate, civil) are
accepted so long as they were "filed and accepted" within the last 24 months. We also accept
Department 401 financial reimbursement determinations as proof. Or, you may request a Fee
Waiver Questionnaire from the County Counsel's Office.
Q: Once I submit the Declaration form to the County Counsel’s Office, how soon will I receive
the requested records?
Because the County Counsel’s Office receives a large volume of requests each week, the current
process time is three (3) months.
DEPARTMENT OF CHILDREN AND FAMILY SERVICES OFFICE OF THE COUNTY COUNSEL-DEPENDENCY

425 Shatto Place 201 Centre Plaza Drive, Suite 1
Los Angeles, CA 90020 Monterey Park, CA 91754
CHS.548392.2 REVISED 6.13.16
Q: Why does it take so long to receive the requested records?
Once our office receives a request, we follow a multi-step process that ensures that the requestor is
a party entitled to access the records under Welfare and Institutions Code §827 and that the
records provided meet certain legal requirements.
Q: I have an approaching court date for which I need records. Can my attorney or I request
that the records be rushed or expedited?
There is no process in place to rush or expedite a request for records. Due to the high volume of
requests our office receives each week, requests are processed on a first come, first served basis.
However, we try our best to meet court dates, but cannot guarantee that the records will be
available in time.
Q: Can I obtain records directly from the investigating social worker or the DCFS office that
serviced my case?
No. All requests for records are processed through the County Counsel's Office. The investigating
social worker will direct you to contact County Counsel.
Q: Can I obtain the records by issuing a subpoena duces tecum or by making a Public Records
Act request?
No. Juvenile records cannot be subpoenaed (per Lorenza P. v. The Superior Court of
Mateo County, et al. (1988) 197 Cal. App. 3d 607) and are not subject to the Public Records Act.
Q: Can I subpoena the investigating social worker to appear in court with the records?
You may only subpoena the social worker to appear personally in court. Juvenile records are
confidential and not subject to a subpoena. To subpoena a social worker to appear at a non-
criminal, civil or family court proceeding, include a check for $275 made payable to the County
Counsel's Office with your subpoena and serve it at 201 Centre Plaza Drive, Suite 1, Monterey
Park, CA 91754. To allow us ample time to contact the social worker to appear in court,
subpoenas served less than five (5) business days prior to a court proceeding may not be accepted.
Q: Can I pick-up a copy of my records from the County Counsel's office?
Records are stored off-site and must be retrieved and processed before they can be turned over to
you. You may pick-up the requested records once you receive confirmation from our office that
they are ready. You must present a valid picture ID to pick up the records. Records may also be
emailed to a secure email address or saved on a compact disc or flash drive provided by the
requesting party. Records will be emailed or saved in Adobe Acrobat PDF (portable document
format).

CHS.548392.2 REVISED 6.13.16
Q: Will I receive a complete file? If not, what type of records/information will I receive?
No. You will not receive a complete file. In certain circumstances, we are required by law to
withhold the identity of the party who reported the suspected abuse or neglect, privileged attorney-
client communications, the Suspected Child Abuse Report (SCAR), psychological/mental health
records, social security numbers, driver's license numbers, and the identity of children not a party
to the case. You may receive, for example, a copy of the DCFS social workers' notes and a
summary of the investigation of the abuse or neglect allegation.
Q: I need delinquency, adoption or birth records. Can I obtain them through this process?
Copies of delinquency, adoption or birth records are not available through this process. For
delinquency records, contact the delinquency court or the Probation Department. For copies of
adoption records, contact the Los Angeles Superior Court's Adoptions Office at (323) 307-8099.
For birth records, if you were born in Los Angeles County, contact the Los Angeles County
Registrar Recorder/County Clerk's Office at (562) 462-2137.
Q: Once I receive the records, can I use them in another court proceeding or to apply for a U-
Visa?
Records from juvenile case files may not be disseminated or used as attachments without first
obtaining an order from the juvenile court (Welfare and Institutions Code §827 (a)(4); In re
Tiffany G. (1994) 29 Cal. App. 4th 443.) . Records for U-Visa applications may be obtained by
contacting DCFS's U-Visa Certifier, Cecilia Saco, at 323-725-4679.
Q: I am applying for college financial aid and need a Minute Order that states that I was a ward
of the Juvenile Court. Can I get this through your office?
No. To obtain a Minute Order stating that you were a ward of the Juvenile Court for college
financial aid purposes, please contact the Juvenile Court Clerk's Office at (323) 307-8096. You
may also contact the California Ombudsman for Foster Care by calling (877) 846-1602 or by
emailing fosteryouthhelp@dss.ca.gov for proof that you were a ward of the Court.

CHS.548392.2 REVISED 6.13.16
U Visa Document
Checklist
Appendix J
U VISA CHECKLIST FOR _______________________________________________
Client Name
REQUIRED DOCUMENTS
BIRTH CERTIFICATE, MARRIAGE CERTIFICATE, RELATING TO:

- The primary U visa petitioner;
- The children of the U visa petitioner, whether in the U.S. or abroad;
- The parents of the U visa petitioner (where the primary crime victim is under 21),
whether in the U.S. or abroad; and
- The siblings under 18 of the U visa petitioner (where the primary crime victim is under
21), whether in the U.S. or abroad
- Marriage certificate only needed if applying for derivative spouse
VALID PASSPORTS FOR EACH U VISA PETITIONER AND DERIVATIVE
I-94 CARDS (VISAS), IF ANY, OF U VISA PETITIONER AND DERIVATIVES.
ALL POLICE REPORTS CONCERNING INCIDENTS OF VIOLENCE AGAINST U VISA

PETITIONER BY ABUSER WHO PERPETRATED U VISA CRIME
ALL ORDERS OF PROTECTION BETWEEN U VISA PETITIONER, U VISA

PETITIONER’S FAMILY AND ABUSER WHO PERPETRATED U VISA CRIME
ALL HOSPITAL AND OTHER MEDICAL RECORDS CONCERNING INCIDENTS OF

DOMESTIC VIOLENCE OR TRAUMA RESULTING FROM SUCH INCIDENTS
SUFFERED BY U VISA PETITIONER AND FAMILY MEMBERS
LETTERS FROM COUNSELORS, CASE MANAGERS AND SHELTER WORKERS WHO

INTERACTED WITH U VISA PETITIONER AND FAMILY MEMBERS IN CONNECTION
WITH INCIDENTS OF DOMESTIC VIOLENCE AGAINST U VISA PETITIONER BY
PERPETRATOR OF U VISA CRIME
ALL CASE DISPOSITIONS RELATING TO U VISA PETITIONER OR DERIVATIVES’

PRIOR CRIMINAL HISTORY
STATEMENT FROM U VISA PETITIONER DESCRIBING QUALIFYING CRIME, HARM

SUFFERED, AND ASSISTANCE PROVIDED IN THE INVESTIGATION AND/OR
PROSECUTION OF PERPETRATOR
FINAL SUBMISSION CHECKLIST
COVER LETTER
INDEX OF DOCUMENTS
G-28
- One form for principal and one form for each derivative applicant, printed on blue paper
SIGNED FORM I-918

- Include necessary attachment to form I-918
SIGNED DECLARATION
- Must be signed by U Visa petitioner OR by parent or guardian if U Visa petitioner is 15
years or younger at the time the crime occurred, incapacitated or incompetent
SIGNED FORM I-918 SUPPLEMENT A FOR EACH DERIVATIVE FAMILY MEMBER
SIGNED FORM I-918 SUPPLEMENT B

- Must be signed within 6 months of I-918 filing date
SUPPORTING DOCUMENTATION OF FACTS SURROUNDING THE CRIME

- Police Report
- Court and Hospital Records
- Supporting Statements
SIGNED REQUEST FOR FEE WAIVER
COPIES OF IDENTITY STATUS DOCUMENTS (INCLUDING TRANSLATIONS AND

AFFIDAVITS OF TRANSLATION)
- Passport
- Birth Certificate
- Marriage Certificate (if applicable)
SIGNED FORM I-192
SIGNED I-192 DECLARATION
OTHER (CERTIFICATE OF COMPLETION FOR COURT MANDATED PROGRAMS,

LETTERS FROM COUNSELORS, MEDICAL RECORDS, ETC.)
Immigration and
Nationality Act
Common Grounds of
Inadmissibility – Q&A
Appendix K
IMMIGRATION AND NATIONALITY ACT
COMMON GROUNDS OF INADMISSIBILITY
Below are sample questions, which may be helpful in determining whether a person is subject to
one or more of the most common grounds of inadmissibility.
INA § 212. [8 U.S.C. 1182]1

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act,
aliens who are inadmissible under the following paragraphs are ineligible to receive visas and
ineligible to be admitted to the United States…
1. PRESENT WITHOUT PERMISSION OR PAROLE (aka “EWI,” entry without

inspection)
Q: Did you have proper entry documents (i.e. tourist visa) when you entered the
United States?
A: If NO, you may be inadmissible pursuant to INA § 212(a)(6)(A) – present without

permission or parole
(6) Illegal entrants and immigration violators.-
(A) ALIENS PRESENT WITHOUT admission or parole.-
(i) In general.-An alien present in the United States without being admitted or
paroled, or who arrives in the United States at any time or place other than as
designated by the Attorney General, is inadmissible.
2. MISREPRESENTATION/FALSE CLAIM TO U.S. CITIZENSHIP
Q: Have you ever misrepresented yourself as a legal permanent resident or U.S.

citizen in order to gain entry to the U.S. or obtain some other immigration benefit?
A: If YES, you may be inadmissible pursuant to INA § 212(a)(6)(C) –

misrepresentation/false claim to U.S. citizenship
(C) Misrepresentation.-
1
The excerpts of the Immigration and Nationality Act (INA) included here are partial and incomplete. Access
complete INA § 212(a) at http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html
1
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact,
seeks to procure (or has sought to procure or has procured) a visa, other
documentation, or admission into the United States or other benefit provided under
this Act is inadmissible.
(ii) Falsely Claiming Citizenship
Any alien who falsely represents, or has falsely represented, himself or herself to be a
citizen of the United States for any purpose or benefit under this Act (including
section 274A) or any other Federal or State law is inadmissible.
3. ALIEN SMUGGLING
Q: Have you ever helped someone enter the U.S. illegally?
A: If YES, you may be inadmissible pursuant to INA § 212(a)(6)(E) – alien

smuggling
(E) Smugglers.-
(i) In general.-Any alien who at any time knowingly has encouraged, induced,
assisted, abetted, or aided any other alien to enter or to try to enter the United States
in violation of law is inadmissible.
4. PRIOR REMOVAL ORDER
Q: Have you ever been deported in the past?
A: IF YES, you may be inadmissible pursuant to INA § 212(a)(9)(A) – aliens

previously removed
(9) ALIENS PREVIOUSLY REMOVED.-
(A) Certain aliens previously removed.-
(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b)(1)
or at the end of proceedings under section 240 initiated upon the alien's arrival in the
United States and who again seeks admission within 5 years of the date of such
removal (or within 20 years in the case of a second or subsequent removal or at any
time in the case of an alien convicted of an aggravated felony) is inadmissible.
(ii) Other aliens.-Any alien not described in clause (i) who-
(I) has been ordered removed under section 240 or any other provision of law, or
(II) departed the United States while an order of removal was outstanding, and
who seeks admission within 10 years of the date of such alien's departure or
removal (or within 20 years of such date in the case of a second or subsequent
2
removal or at any time in the case of an alien convicted of an aggravated felony)
is inadmissible.
(iii) Exception.-Clauses (i) and (ii) shall not apply to an alien seeking admission
within a period if, prior to the date of the alien's re-embarkation at a place outside
the United States or attempt to be admitted from foreign contiguous territory, the
Attorney General has consented to the alien's reapplying for admission.
5. UNLAWFUL PRESENCE
Q: Have you been in the U.S. unlawfully for more than 180 days (post April 1997)
and then departed?
A: IF YES, you may be inadmissible pursuant to INA § 212(a)(9)(B) – unlawful

presence
(B) ALIENS UNLAWFULLY PRESENT.-
(i) In general.-Any alien (other than an alien lawfully admitted for permanent
residence) who-
(I) was unlawfully present in the United States for a period of more than 180 days
but less than 1 year, voluntarily departed the United States (whether or not
pursuant to section 244(e) ) prior to the commencement of proceedings under
section 235(b)(1) or section 240 , and again seeks admission within 3 years of the
date of such alien's departure or removal, or
(II) has been unlawfully present in the United States for one year or more, and
who again seeks admission within 10 years of the date of such alien's departure
or removal from the United States, is inadmissible.
(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is
deemed to be unlawfully present in the United States if the alien 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.
(iii) Exceptions.-
(I) Minors.-No period of time in which an alien is under 18 years of age shall be
taken into account in determining the period of unlawful presence in the United
States under clause (I).
6. RE-ENTRY WITHOUT AUTHORIZATION
Q: Did you depart the U.S. after having been unlawfully present for more than one
year (post April 1997) and then re-enter the U.S. without proper entry documents?
3
OR did you re-enter the U.S. without proper entry documents after having been
removed?
A: IF YES, you may be inadmissible pursuant to INA § 212(a)(9)(C)- re-entry

without authorization
(C) Aliens unlawfully present after previous immigration violations.-
(i) In general.-Any alien who-
(I) has been unlawfully present in the United States for an aggregate period of
more than 1 year, or
(II) has been ordered removed under section 235(b)(1) , section 240 , or any other
provision of law, and who enters or attempts to reenter the United States without
being admitted is inadmissible.
(ii) Exception.-Clause (i) shall not apply to an alien seeking admission more than 10
years after the date of the alien's last departure from the United States if, prior to the
alien's re-embarkation at a place outside the United States or attempt to be
readmitted from a foreign contiguous territory, the Secretary of Homeland Security
has consented to the alien's reapplying for admission.
(iii) WAIVER- The Secretary of Homeland Security may waive the application of
clause (i) in the case of an alien who is a VAWA self-petitioner if there is a
connection between--
(I) the alien's battering or subjection to extreme cruelty; and
(II) the alien's removal, departure from the United States, reentry or reentries into
the United States; or attempted reentry into the United States.
7. PHYSICAL OR MENTAL DISORDER
Q: Do you currently have (or have you had in the past) a physical or mental
disorder and associated behavior that may pose a threat to yourself or the public?
A: If YES, you may be inadmissible pursuant to INA § 212(a)(1)(A)(iii) –

physical/mental disorder
(1) Health-related grounds.-
(A) In general.-Any alien-
(iii) who is determined (in accordance with regulations prescribed by the Secretary of
Health and Human Services in consultation with the Attorney General)-
(I) to have a physical or mental disorder and behavior associated with the
disorder that may pose, or has posed, a threat to the property, safety, or welfare
of the alien or others, or
4
(II) to have had a physical or mental disorder and a history of behavior
associated with the disorder, which behavior has posed a threat to the property,
safety, or welfare of the alien or others and which behavior is likely to recur or to
lead to other harmful behavior, or …[is inadmissible].
8. DRUG ABUSER/ADDICT
Q: Do you have a substance abuse problem?
A: If YES, you may be inadmissible pursuant to INA § 212(a)(1)(A)(iv)- drug

abuser/addict
(1) Health-related grounds.-
(A) In general.-Any alien-
(iv) who is determined (in accordance with regulations prescribed by the Secretary of
Health and Human Services) to be a drug abuser or addict, is inadmissible.
9. CRIMES INVOLVING MORAL TURPITUDE
Q: Have you ever committed a crime involving moral turpitude?
A: If YES, you may be inadmissible pursuant to INA § 212(a)(2)(A)(i)(I) – crimes

involving moral turpitude
(2) Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits
having committed, or who admits committing acts which constitute the essential
elements of-
(I) a crime involving moral turpitude (other than a purely political offense) or an
attempt or conspiracy to commit such a crime, or…[is inadmissible]
10. DRUG POSSESSION
Q: Have you ever been convicted for possession of a controlled substance (illegal
drug)?
A: If YES, you may be inadmissible pursuant to INA § 212(a)(2)(A)(i)(II)- drug

possession
(A) Conviction of certain crimes.-
5
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits
having committed, or who admits committing acts which constitute the essential
elements of-
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of
a State, the United States, or a foreign country relating to a controlled substance
(as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is
inadmissible.
11. DRUG TRAFFICKING
Q: Have you ever been suspected of trafficking (selling or transporting) drugs?
A: If YES, you may be inadmissible pursuant to INA § 212(a)(2)(C)(i)- drug

trafficking
(C) CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the consular officer or
the Attorney General knows or has reason to believe--
(i) is or has been an illicit trafficker in any controlled substance or in any listed
chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C.
802)), or is or has been a knowing aider, abettor, assister, conspirator, or colluder
with others in the illicit trafficking in any such controlled or listed substance or
chemical, or endeavored to do so; or
(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has,
within the previous 5 years, obtained any financial or other benefit from the illicit
activity of that alien, and knew or reasonably should have known that the financial or
other benefit was the product of such illicit activity, is inadmissible.
12. PROSTITUTION
Q: Have you ever been arrested for soliciting sexual favors in exchange for money?
A: If YES, you may be inadmissible pursuant to INA § 212(a)(2)(D)(ii) - prostitution

(D) Prostitution and commercialized vice.-Any alien who-
(i) is coming to the United States solely, principally, or incidentally to engage in
prostitution, or has engaged in prostitution within 10 years of the date of application
for a visa, admission, or adjustment of status,
(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the
date of application for a visa, admission, or adjustment of status) procured or
attempted to procure or to import, prostitutes or persons for the purpose of
6
prostitution, or receives or (within such 10- year period) received, in whole or in
part, the proceeds of prostitution, or
(iii) is coming to the United States to engage in any other unlawful commercialized
vice, whether or not related to prostitution, is inadmissible.
13. PUBLIC CHARGE
Q: Have you ever applied for or received any type of government assistance (for you
– not your U.S. citizen kids)?
A: If YES, you may be inadmissible pursuant to INA § 212(a)(4)- public charge

(4) Public charge.-
(A) In general.-Any alien who, in the opinion of the consular officer at the time of
application for a visa, or in the opinion of the Attorney General at the time of application
for admission or adjustment of status, is likely at any time to become a public charge is
inadmissible.
(B) Factors to be taken into account.-
(i) In determining whether an alien is excludable under this paragraph, the consular
officer or the Attorney General shall at a minimum consider the alien's-
(I) age;
(II) health;
(III) family status;
(IV) assets, resources, and financial status; and
(V) education and skills
(ii) In addition to the factors under clause (i), the consular officer or the Attorney
General may also consider any affidavit of support under section 213A for purposes
of exclusion under this paragraph.
(C) Family-Sponsored immigrants.-Any alien who seeks admission or adjustment of
status under a visa issued under section 201(b)(2) or 203(a) is excludable under this
paragraph unless-
(i) the alien has obtained-
(I) status as a spouse or a child of a United States citizen pursuant to clause (ii),
(iii), or (iv) or section 204(a)(1)(A) , or
(II) classification pursuant to clause (ii) or (iii) of section 204(a)(1)(B) ;
(III) classification or status as a VAWA self-petitioner; or
(ii) the person petitioning for the alien's admission (and any additional sponsor
required under section 213A(f) or any alternative sponsor permitted under
paragraph (5)(B) of such section) has executed an affidavit of support described in
section 213A with respect to such alien.
7
(D) Certain employment-based immigrants.-Any alien who seeks admission or adjustment
of status under a visa number issued under section 203(b) by virtue of a classification
petition filed by a relative of the alien (or by an entity in which such relative has a
significant ownership interest) is excludable under this paragraph unless such relative
has executed an affidavit of support described in section 213A with respect to such alien.
14. PASSPORT
Q: Do you have a valid passport?
A: If NO, you may be inadmissible pursuant to INA § 212(a)(7)(B)(i)

(7) Documentation requirements.-
(B) Nonimmigrants.-
(i) In general.-Any nonimmigrant who-
(I) is not in possession of a passport valid for a minimum of six months from the
date of the expiration of the initial period of the alien's admission or
contemplated initial period of stay authorizing the alien to return to the country
from which the alien came or to proceed to and enter some other country during
such period, or
(II) is not in possession of a valid nonimmigrant visa or border crossing
identification card at the time of application for admission, is inadmissible.
(ii) General waiver authorized.-For provision authorizing waiver of clause (i), see
subsection (d)(4).
(iii) GUAM AND NORTHERN MARIANA ISLANDS VISA WAIVER- For provision
authorizing waiver of clause (i) in the case of visitors to Guam or the Commonwealth
of the Northern Mariana Islands, see subsection (l).
(iv) VISA WAIVER PROGRAM.-For authority to waive the requirement of clause (i)
under a program, see section 217 .
WAIVERS FOR GROUNDS OF INADMISSIBILITY
Pursuant to INA § 212(d)(14), U nonimmigrant applicants may apply for a waiver of any
grounds of inadmissibility except for those related to Nazi persecution, terrorism/genocide,
or extrajudicial killing. The U nonimmigrant must show that it is in the national or public
interest to waive any grounds of inadmissibility that apply to the case. When making a
determination regarding the waiver request, USCIS considers the length of time that the
applicant has resided in the U.S., the applicant’s family ties in the U.S., the harm the
applicant will suffer if removed from the U.S., his/her ongoing cooperation in the
investigation/prosecution of the crime, and other humanitarian factors.
8
o Except:
INA 212(a)(3)(E)
(3) Security and related grounds.-
(E) PARTICIPANTS IN NAZI PERSECUTION, GENOCIDE, OR THE
COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING
(i) Participation in nazi persecutions.-Any alien who, during the period
beginning on March 23, 1933, and ending on May 8, 1945, under the
direction of, or in association with-
(I) the Nazi government of Germany,
(II) any government in any area occupied by the military forces of
the Nazi government of Germany,
(III) any government established with the assistance or
cooperation of the Nazi government of Germany, or
(IV) any government which was an ally of the Nazi government of
Germany, ordered, incited, assisted, or otherwise participated in
the persecution of any person because of race, religion, national
origin, or political opinion is inadmissible.
(ii) Participation in genocide.-Any alien who ordered, incited, assisted, or
otherwise participated in genocide, as defined in section 1091(a) of title
18, United States Code, is inadmissible.
(iii) COMMISSION OF ACTS OF TORTURE OR EXTRAJUDICIAL
KILLINGS- Any alien who, outside the United States, has committed,
ordered, incited, assisted, or otherwise participated in the commission of--
(I) any act of torture, as defined in section 2340 of title 18, United
States Code; or
(II) under color of law of any foreign nation, any extrajudicial
killing, as defined in section 3(a) of the Torture Victim Protection
Act of 1991 (28 U.S.C. 1350 note), is inadmissible.
9
Sample U Visa
Application
Appendix L
Sample Receipt
Notices
Appendix M
~... artment of Homeland Security ;-. rm I-797C, Notice of Action
U.S. Citizenship and Immigration Serv'
(
ITHIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.

R I7 65 APPLICATION FOR EMPLOYMENT
CASE TYPE
AUTHORIZATION
REC EIVED DAT E PRIORITY DAT E APPLICANT
February 8 , 20 16
NOT ICE DATE PAGE
February 10, 2 016 1 of 1
GINA BIANCA AMATO Notice Type : Receipt Notice

PUBLIC COUNSEL
610 SOUTH ARDMORE AVENUE Fee Waived
LOS ANGELES CA 90005
Class reques t ed: Cl4
Receipt Notice- This notice confirms that USC IS received your application or petition (" this case " I as shown above . If any of the
above information is incorrect, please immediately call 800-375-5283 to let us know. This will help avoid future problems .
This nnrirp dopq not grant any immig=aticn status o• benefit , noL is it evidence that this case is still pending . It only
shows tha t the application or petition was filed on the date shown .
Processing time - Processing times vary by case type . You can check our website at www . uscis . gov for our current "processing
times " f or this case type at the particular office to which this case is or becomes assigned . On our website's " case
status online " page , you can also view status or sign up to receive free e-mail updates as we complete key processing steps
on this case . During most of the time this case is pending , however, our systems will show only that the case has been
received, and the processing status will not have changed , because we will be working on other cases that were filed
earlier than t his one . We will notify you by mail , and show in our systems , when we make a decision on this case or if we
need something from you . If you do not receive an initial decision or update from us within our current processing time,
check our website or call 800-375- 5283 . Please save this notice, and any other notice we send you about this case, and
please make and keep a copy of any papers you send us by any means , along with any proof of delivery to us . Please have
all these papers wi th you if you contact us about t h is case .
lf thiscaseisanl-130Petitlon - Filing and approval of a Form I - 130, Petition for Alien Relative, is only the first step in
helping a relative immigrate to the United States . The beneficiaries of a petition must wait until a visa number is
availabl e before they can take the next s tep to apply for an immigrant visa or adjustment of status to lawful permanent
r esidence . To best al l ocate resources , users may wait to process I-130 forms until closer to the time when a visa number
will become available , which may be years after the petition was filed. Nevertheless, USCIS processes I-130 forms in time
not to delay relatives ' ability to take the next step toward permanent residence once a visa number does become available .
If , before final action on the petition , you decide to withdraw your petition , your family relationship with the
beneficiary ends , or you become a U. S . citizen , call 800-375-5283 .
Applications requiring biometrics- In some types of cases users requires biometrics . In such cases , users will send you a SEPARATE
appointment notice with a specific date , time and place for you to go to a users Appl i cation Support Center (ASC) for
b iometrics processing . You must WAIT for that separate appointment notice and take it (NOT this receipt notice) to your
ASC appointment along with your photo identification . Acceptable kinds of photo identification are : a passport or national
photo identification issued by your country , a drivers license , a military photo identification, or a state- issued photo
identification card . If you receive more than one ASC appointment notice, even for different cases , take them both to the
first a ppointme nt.
If your address changes- If your mailing address chanqes while your case is pending, call R00-375 - 52!:l3 or use the "Onl in<;> Change
of Address " function on our website . Otherwise , you might not receive notice of our action on this case .
NOTICE : Pursuant to the terms of the United States Immigration & Nationality Act (INA), the information provided on and in
support of applications and petitions is submitted under penalty of perjury . USCIS and the U. S . Department of Homeland
Security reserve the right to ver ify this information befor e and/or after adjudication to ensure conformity with appl i cable
laws , rul es , r egulations , and other authorities . Methods used for verifying information may include , but are not limi ted
to, the review of public information and records, contact by correspondence , the internet , or telephone , and site
inspections of businesses and residences. Information obtained during the course of verification will be used to determine
eligibility for the benefit sought . Applicants , petitioners , qnd representatives of record will be provided an opportunity
to addr ess derogatory in f ormation before any formal decision is made and/or proceeding is initiated .
Please see the additional information on the back. You will be notified separate ly about any other cases you filed.
users
VERMONT SERVICE CENTER
75 LOWER WELDEN STREET
SAINT ALBANS VT 05479 - 0001
Customer Servi ce Telephone : (800) 37 5- 5283
Jf this is an interview or biometrics appointment notice, please see the back of this notice for important information. Form 1-797C 07/11114 Y
Sample Biometrics
Appointment Notice
Appendix N
Department of Homeland Security
,J.U; . Ertizenship and Immigration Servi~ v~ l"m I-797C, Notice of Action
I THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.
ASC Appointment Notice APPLl('ATIONIPETITIONIREQLEST '- l\IBER '-OTICE DATE

07/26/2015
CASE TI PE SOCIAL SECL RITY '-l \!BER LSC"!S \# CODE
1918 - APPLICATIO:'\ FOR l :\ONIMMIGRANTSTATl'S
At'l'Ol Yf Nl'MBER TCR SERVICE C'E'"l'ER PAGE
VSC I of I
c/o GINA BIANCA AMATO

PUBLIC COUNSEL
6JO S ARDMORE AVE
LOS ANGELES ('A 90005
Io process yom applical1on. pt'tll1on. or request. the L. S. Cll1Lc'nsh1p & Immigration St"rv1c.:s (llSC!S) must capture your bwm~trics.
PLEASE APPEAR AT THE BELOW APPLlCATIOl\ Sll>PORT CEJ\'TER AT THE DATE AND TL\1E SPECIFIED.
IF YOC ' FAIL TO APPEAR AS SCHEDl' I.lm, YOl TR APPLICATION. PETITIOl'\I. OR REQlEST WILL BE CONSIDERED ABANDOJ'>ED.
APPLICATIOI\ Sl'PPORT CENTER Pl.EASE READ THIS E!"ITIRE 'liOTICE CAREl'llLLY.

USCIS BELLFLOWER DATE A:-.ID Tt:\1E OF APPOINTME~
17610 BEi.I.FLOWER l!Ol LEV ARD Sl'ITE Al JO
BELLFLOWER CJ\ 90706
WIIE!'i YOU GO TO THE APPLICATION SlTpPORT CENTER TO HA VI~ YOUR BIOMETRICS TAKEN. YOL :\IUST Im.ING:
t. TIIIS APPOII\TME'ff 1'\IOTICE and
2. PHOTO IDEI\TIFICATION. \atural11al1on applicants must bnng thc1r Alien Resident Card. All other applicants must bring a passport. drive1 's
licc'nse. national ID. nulitary ID. or State-1sst1< d photo ID. If you ap1-x:ar without propc1 1dcnt1ficat1011. ynu will not be fingerprinkd.
0
CELL PllONF$. CA~mRAS. OR OTHER RECORDING DEVICES ARE ;\OT PER:\11TTED.
~OTE: If th,, l 'SC!S J\SC 1s closed due lo indcmc'nt wcathc1 or for oth,·1 unforeseen rn-cumslanccs. l iSCIS will aulomalirnlly reschedule your
appointment for th0 next a<:ulablc appointment date and mail you a notice with the new dak and 111nc.
REQLEST FOR RESCIIEDlll.li\'G

i..J Please reschedule Ill) appuinlmcnt. Once l;SCIS receive.< your 1cqucst. you will h<' sent a nc'w apporntmcnt notice. Make a copy of this notice for
your records. then mail the ongrnal with your request to BPl'. Alexandria ASC', Smlc 100. 8850 Richmond Hw). Al0xandria. VA 22309-1586
APPL!C.\TIO' 'L.MBl'R
If you have au.' questiuns regarding this notice. please eall l-800-375-5283.
\~iARNil\G: Due to li111it1'd seating m·aila/Jilit.< in 011r lo/Jby area. 011/r pe1so11s 11-lto are 11ere.1smT to assist wi1/i tm11.111ortation or completing the biometrio
worksheet slro11/d accompa11\ mu. /[you /im·e open wounds or bandageskasts when .'011 appear, !he I !SCIS mm re:,c/wr/11/e \our appoi11t111e11t if it is
dell'l'mi11ed _\Our it(i11rit'S will in!etfere with laking vour biometrin.
If this is an interview or biometrics appointment notice, please see the back of this notice for important information. Form l-797C 07/11 /14 Y
Sample Response to
Request for Evidence
Appendix O
BOARD OF DIRECTORS
TANYA M. ACKER OFFICERS OFTIIE BOARD
l.'mR'.llJ AH ..RT BRIAN R STR.�NGE
Oiai,�
ib1w.'T� W."��HEU StMr,t<' � 8-.tln UP
CBST,hiswn )AMIE BRODER
RAND S. APRIL (RET.l" VKc Chai,pmor.
c' FJo .n tLr MICHAEL II. STEINBERG
�tt;r·'l;ci-t�R'4"'
K,atl Low LLP Tr(,u..,n
JENNIFER S. BALOOCCHI SwUn.an c' COt""dold! l Lr
T� nation's largest pro bono law fim1 Pill UP E COOK
\xr ��ti:f'. ��KY"
G;bsan, Dunn & Cn,u:hn LLP
Sm�tary
Tl,, Cook ta. ,=...,., PC
SHARON BEN-SHAHAR
Bild, Mattila, 8CU'J,\Vt, Nt!n,r,, MARGARET M. MORROW
Ptuid,n1 on.l CEO
Dt�a' c�
01m YoJalmu,a LLP
& R • P.C.
SHARI BARTZ
Vic..· P,dwltna. F"rMn.c.
\1NCEl\'T H. CHIEFFO
rosE�A�it�i-hU'SAN O,DROH AN
Via Express Mail EL12.A�ETH BLUESTEIN
Cn,ef()pc,111i"f�tr \l,u PT,nknt
Judko� Wt.Jt ond Gnic,.,.al Costrurl
MORGAN CHU TRACY K. RICE
1..u 8 Man<llo LLP 1ott Prcnd.rn1, Dt. do/'ffitnl
ALFRED M. CLI\RK
1
\
L«k I.me! LLP FREDERICK M ):ICHOL.4.S

DANIEL CUVNER" l'c,wnd,,
SuUr,. AMWn LLP
CORY COPELAND
October 26, 2017
LauNu:u
ANDREJ. CROt.'THAll
�fJ"�- 'tfixt.�\f"'8 Hamp1on LLP
�icti�tri'l. �'l!Mt{MAN
Owu,i\'ttt LLC USCIS Nebraska Service Center
MICHAEL J. FlNNEGAN
Wi"tr�·i:tufli'N'ii.!'.'uM· LLP
P.O. Box 87918
�iftfJt.rrd'DYRi�s�N ,... Lincoln, NE 68501-7918
fu�JiJ�'i1.�ot'm.w-
Fm.l o.d GoLumon, APLC
KARLENE GOLLER"
Th< La.· Olk, of K•,lcnc Gnllc, PC
DANIEL CRUKFELD RE: Response to Request for Evidence,
�irK EUUHALLP b�t; · w LLP
S;.11,,A.,lin
YAKUB HAZZARD
NBCl.Jn"�J
MATT HEWT. HEARTI,:EY"
Amold 8 Ponn LLP
CHRISTOPHER M. HOPKINS
LlC
Dear Staff:
i1u°Js.. 'o.'lNi.fi'.t.S'
Knilon.l 8 E!lu LLP
DAVID G. JOHNSON"
An -4 E"tnto.in.fflCftl
PETERJ. KENNEDY
On behalf of our client, ( we write in
Rttd Smia!. LLP
�ESSIE A. KOHLER
response to the Request E c e requests a
&,k LLP
T0�! ;.5/!l
OikJOn Employ..., 8'.nt/ns ln\1nC1nu:
medical exam and additional evidence showing that Ms. merits a positive
Sffl.ii:u,ln.c.
WROME L LEVINE exercise of discretion.
D�tffitKLit\
LLP
fut�E. MATHEWS
Sowthtm Cofjfomia Edison In Ms. original U visa filing, we included an 1-192 Application for Advance
JOHN M. MCCOY
21' C,.,,..., F...
�t-\RCEUUS A. MCRAE
Gibson. Dwnn & Cn,id.tt LLP Permis as Nonimmigrant and requested that the following grounds of
MARTIN R. MELONE
SALVADOR L MEt-:DOZ.4. inadmissibility, in addition to other that may apply be waived: 1) present in the U.S. without
�Os1il!r',t �fuR
Lotb & l.,,,b UP
CHRISTOPHER A MURPHY" permission or parole (INA §212(a)(6)(A)); 2) accruing unlawful presence (INA
AT8T
OWEN W. MURRAY
Pnc.u·a""'°""a.o,,.., LLP §212(a)(9)(8)); 3) re-entering the U.S. without authorization after having accrued over one
STEVEt-: A. t-:ISS1't-:
NB CUnn"""I
THOMAS). NOLAN year of unlawful presence (INA §212(a)(9}(C}); 4) making a false claim to U.S. citizenship
8 Flom LLP
�� 'P�td:i'"IM
LAURA R. PETROFF (INA§ 212(a)(6)(C)); 5) drug abuser/addict ground of inadmissibility (INA§ 212(a}(1)(A)(iv);
Wumon f:I Sm1wn LLP
STEPHEN E. l'ICKETT
BARRY PORTER
CLmr, Pontll.'TS
and 6) for lacking a valid passport (INA§212(a)(7)(B)(i)).
WILUAM T. �UICKSILVER
�Hw"p �lacH'1;tUp,. LLP
M_S,,,..,LLP
FRANK REDDICK
Alon Gwrnp StT4MJJ Hown 8 Fdd llP
The Services' RFE notes that the record demonstrates that Ms. may also be
KE\ 1N D. RISING
tm\�rUP inadmissible under the following section: 1) physical or ment ociated with
Lo1h.an1 8 U'latkiru LLP
�90� i!��mcn, harmful behavior (INA §212(a)(1)(A)(iii)(I}} and 2) recurring physical or mental disorder
RICK R. ROTHMAN
�lm:c�uub&clu.., LLP associated with harmful behavior ((INA §212(a)(1)(A)(iii)(II)) and therefore requested the
'TMm'°nRa.tni
MARCLSAUUS
Oldman. Coo&i;°U..,,
additional evidence.
�iu::''l�ueLS LLP.
1
�:St;tRr r �oJ-HR· I
fk,uor.s L7S LLP
STEPHEN SHERLll,;E
In response\ and support of Ms. waiver request, we �ow submit the
l/.S. llaok
ROMAN M. SILBERFELD"
L following documents:
�t�H�fi.,t ��iNOLER
8 f�oMts's°'ri?cfM'g'{�ci G><•r LLC
"'
Ju1nn&8lodt
RAt-:DALL ). SUNSHll,;E
Linn LLP
A) Newly executed medical exam, addressing all the health-related grounds of
PAUL W. SWEENEY. JR.
K&L Cam LLP inadmissibility.
GAIL MIGDAL TffiE"
AOR S..-n.tic.a, Inc.
k��; \1:h�!��n.Jn LLP
ROBERT S W OLFE
MARTINS. zm1w
P.O$k.iWM'
BAY AREA OFFICE MAIN OFFICE NEW YORK OFFICE TEL � I l-38S,2Yii
2120 Ut-:IVERSln' A\'ENUE 610S. ARDMORE AVENUE 19 BRQ�DWAY. SUITE I 140 Pl'BLICCOUNSEL.ORG
BERKELEY. CA 94i0-4 LOS ANGEL�S. CA 9J00S NEWYORK,NY ICX\"6
BJ Certificate of Completion, dated December 18, 2013, showing that Ms.
showed compliance, motivation and willingness to abide by all the rules and regulations of
the EDEN program in the month of November.
C) Certificate of Completion, dated March 21, 2014, showing that Ms.
successfully completed the Relapse Prevention component of her treatment program.
D) Certificate of Completion, dated May 2, 2014, showing that Ms. completed
a Mommy, Daddy, and Me program at the EDEN Program of SHIELDS for Families, Inc.
E) Certificate of Completion, dated May 9, 2014, showing that Ms. successfully
completed the Alcohol & Drugs Education component of her treatment program.
F) Certificate of Completion, dated May 8, 2014, showing that Ms. successfully
completed the Parenting Education component of her treatment program.
G) Certificate of Completion, dated May 5, 2014, showing that Ms. successfully
completed the Anger Management component of her treatment program.
HJ Certificate of Completion, dated May 29, 2014, showing that Ms.
successfully completed the Life Skills component of her treatment program.
IJ Certificate of Most Improved for May 2014, dated July 11, 2014, awarded to Ms.
for having improved in all areas for the month of May at the EDEN program.
JJ Certificate of Client of the Month in June 2014, dated July 11, 2014, awarded to
for showing compliance, motivation, and willingness to abide by all the rules and regulations
of the EDEN program in the month of June.
K) Leadership Award in September 2014 awarded to for demonstrating leadership
qualities and being of service to the EDEN program in the month of August.
LJ Certificate of Completion, dated October 24, 2014, showing that successfully
completed the EDEN Program of Shields for Families.
These documents show that Ms. addressed her substance abuse issue, got herself clean
and is doing all she can to care and provide for her U.S. citizen children. These facts, along with her past
victimization and cooperation with law enforcement, show that Ms. merits a positive exercise
of discretion. We therefore respectfully request that you grant Ms. her U visa petition, waiver
application, and requests for fee waiver.
If you have any questions or need additional documentation, please contact Ms. attorney
of record, Gina Amato at 213-385-2977 x 232 or gamato@publiccounsel.org.
$it;lcerely,
\/!l u'J7
Teresa c�Ji-\/
Senior Paralegal
, Immigrants' Rights Proj '
.-y
Public Counsel
l .S. Otpartrn<'nt of lfoint'lamJ �tcurit�·
L' � C111.'.cnsh1p and ln11m�r.a1ion Sen 1ccc..
August 4. 20I 7
U.S. Citizenship
and Immigration
Services
GINA BIANCA AMATO
PUBLIC COUNSEL
610S ARDMORE AVE
LOS ANGELES, CA 90005
RE:
1-192. Application for Advance Permission to Enter as
Nonimmigrant
REQUEST FOR EVIDENCE
IMPORTANT: THIS NOTICE CONTAINS YOUR UNIQUE NUMBER. THE ORIGINAL

NOTICE MUST BE SUBMITTED WITH THE REQUESTED EVIDENCE.
You are receiving thi�. notice because U.S. Citizenship and Immigration Services (USCIS) requires
additional evidence to process your fonn. Please provide the evidence requested below. Include
duplicate copies if you are requesting consular notification.
Your response must be received in this office by October 30, 2017.
Please note that you have been allotted the maximum period allowed for responding to a Request for
Evidence (RFE). The time period for responding cannot be extended. 8 CFR 103.2(b)(8)(iv). Because
many immigration benefits are time sensitive. you are encouraged to respond to this request as early as
possible, but no later than the deadline provided above. If you do not respond to this notice within the
allotted time. your case may be denied. The regulations do not provide for an extension of time to
submit the requested evidence.
'fou must submit all rr:qt.:ested c'.·ide11..:c at the ��me time. lfyou �..;r.mit cr:ly some of the r�ql!ested
evidence. USCIS will consider your response a request for a decision on the record. 8 CFR
I 03.2(b )( I I).
If you submit a document in any language other than English. the document must be accompanied by a
full and complete English translation. The translator must certify that the translation is accurate and he
or she is competent to translate from that language to English. If you submit a foreign language
translation in response to this request for evidence, you must also include a copy of the foreign
language �ocument.
I
Processing of your 1-192 will resume upon receipt of your response. Ir you have not heard from
LJSCIS within 60 days of responding, you may contact the USCJS National Customer Service Center
(NCSC) at l-800-375-5283. lfyou are hearing impaired. please call the NCSC TDD at
l-800-767-1833.
I ol I
Inadmissibility and Request for Form 1-693 - Medical Examination
Evidence in the record demonstrates that you may be inadmissible under the following sections of the
Imrnigration and Nati,:mality Act (INA) for health related grounds:
• 2 I 2(a)( I )(A )(iii)(I) - Physical or Mental Disorder Associated with Harmful Behavior
• 2 l 2(a )(I)(A)(iii)(II) - Recurring Physical or Mental Disorder Associated with Harmful Behavior
• 212(a)( I )(A )(i•,) - Drug Abuser or Addict
Therefore. you must submit a Repor1 of Medical Examination and Vaccination Record. (Form 1-693).
signed by a designated civil surgeon. After April 17, 2017. USCIS will not accept versions of Form
1-693 issued before February 7, 2017. You may contact your local district office tor a Iist of
designated civil surgeons in your area.
The designated civil surp.eon must:
• Conduct a thorou);!h physical and mental status examination:

• Specifically consider your history of drug abuse/addiction, mental/emotional issues, and
harmful behavior:
• Complete the Fonn 1-693 in its entirety:
• Annotate the findings. directly addressing your history of drug abu�e/addiction.
mental/emotional issues. and hannful behavior in the appropriate remarks section or in an
attached report:
• Properly sign the Form l-69J used for the examination; and
• Seal the Form 1-693 in an envelope.
You must return the unopened envelope to USCIS.
USCIS reiterates that the civil surgeon must directly address your history of drug abuse and
addiction. your mental and emotional issues. and your history of harmful behavior.
Note: Upon examination, the civil surgeon may refer you for further evaluation to a psychiatrist or to
a specialist in substance-abuse disorders as provided for under the Technical Instructions. After such
referral, the civil surgeon will determine whether a Class A medical condition exists and amend the
Fonn 1-693 accordingly. The determination of a Class A condition is dependent on the medical
diagnosis of a designated civil surgeon.
Additionally, please submit evidence of your rehabilitation in order to support a favorable

exercise of discretion.
:? of 3 \\\\\\ U<i;CI� J.'O\

An envelope has been provided for your use when submitting a response. Evidence submitted not
using the enclosed envelope or the correct address could unnecessarily delay processing of your case.
For your convenience \\e have also provided that address below.
UNITED STATES CITIZENSHIP & IMMIGRATION

SERVICES
NEBRASKA SERVICE CENTER
PO BOX 87918
LINCOLN NE 68501-7918
Sincerely.
�� C,..,,,_J ..l.{
Kristine R. Crandall, Acting
Director
Officer: 0240
lufl
TABA
t
...
..
:-....Jl
....,
£.R.JJ
I(,
·,
,.
; �I)
�·
t ,.
F "�-·�
t.!�.!)
,.."'...
U.P
(j
(!:, �
{
_,..,�
..
F�
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i •
TABB
This certificate is awarded to
·woJ;:
'/.� FOR SHOWING COMPLIANCE, MOTOVATION AND A
�
-�·-:� WILLINGNESS TO ABIDE BY ALL RULES AND "'"·.:'·
. - - ;;�
-�
·"'·�� REGULATIONS OF THE EDhN PROGRAM IN THE
MONTH OF NOVEMBER
believing, building, becoming
- ECEHBER
J±d' 18, 2013 "'" .
�
l)!.,2/1113
f(
/;;)sd�,
D.,rc
::il�U!U
•
TAB C
FOR SUCESSFUILY- CO!vIPLETJNG

r�
.1,.
.� Relapse Prevention
-��
�'\�{!
believing, building, becoming March 21, 2014
�3jjt)_1y
l)atc
Sign:1n1rc
. 3:2}__:_Llj
Date
f .,.._�
·-- Ji PW'
-� & - "-�'__.::.,__.,,____.;;;;...___,._
...
--..;�-------..;-----------.-----·- -"':'"-�-�-------- ---"'
TAB D
#-::�. SHIELDS for Families, Inc.
.; ...,;
,,
Certificate cif Comp[etion IP
I In recognition of
I Ii
,i
)l· •. )
...
t.�
- :�/I'..;{
f, � '\ For
. .,. . ,:/ I
Successful (�ompletion
Of
\
(..' ·}'\
;� Mommy, <Daddy, and Me
I ,\I
.\r..,
:"",f
_
, / _; .... \. From ��.. -.!,
��·).}.
r
� � ::-·
·1��:.--� ... ,! :1'
(£den Program i\ . .
· 1····
�'.:. {'\'
;; /. ·/ ·1 ,;11
//. { _vI :7; ./() 7
L,k11 l llli<f 'l>,•v,,(0111nr11f Worf:t> 1·, (� 1{a\J
. 'Dal!' I
. ·7'''"
.
,,(.! 7 ] l'/
. � ._ ............ , �· . !/ '-t,.. / i;,;.. lfJ
·1
. . - ..
•/;�.....
1·de11 l llf/d ·lJevt'fnp,11<'11/ ·1·n1.<1n1111 co�rd111.1tol'. i.1/l11rn :Mu1-r,n1 'lhlte /
·- JI• -"- - , 1 fa1 "/ Z1 2tf1/

'l>ate
'·-
..
TAB E
�,
tg
"' 3
� � n��
� �
Ct}.
:c � C: �
t...l
c::,
�
� N,.
�Q
Re �
�
�
�
b�
� 6. rb
�8 �·
t:: � �
n �
� [Tj �
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� �
:::: �
C')
a
�
- I\J) C I
;, I. s
�
�I 2 [\../,
I,
� �
�
........
� "c·
,.
TAB F
·r, ,,.
�
:for successfu( con1J?(eti.on
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Sample U Visa
Waitlist Notice
Appendix P
Sample U Visa
Approval Notices (I-
918, I-192, I-765)
Appendix Q
Sample U Visa Denial
Notice
Appendix R
U.S. Deparanent ofHomeland Security
Vermont Service Center
U.S. Citizenship
and Immigration
Services
July 07, 2016
PUBIJC COUNSEL A Number:

610 SARDMOREAVE
LOS ANGEL ES CA 90005
File Receipt Number
Applicant/Petitioner Name:
Beneficiary:
Dear Sir/Madam:
On December 26, 2012, you filed an Application for Advance Permission to Enter as Nonimmigrant (Form
I-192). U.S. Citizenship and Immigration Services (USCIS) exercises discretion to grant waivers for
grounds of inadmissibility. Waivers are not automatically granted.
Special consideration will be given to the granting of a waiver of a ground of inadmissibiliry where the
activities rendering the alien inadmissible were caused by, or incident to, the victimization described under
section 101 (a)(l S)(U)(i) of the Immigration and Nationaliry Act (INA).
USCIS records indicate you are inadmissible to the United States under the following section(s) of the INA:
212(a)(2)(C) for being suspected or convicted controlled substance trafficker, 212(a)(2)(A)(i)(I) for
conviction or commission of a crime involving moral turpitude, 212(a)(6)(A)(i)Alien present without
admission or parole, 2l 2(a)(7)(B)(i)(I) as a nonimmigrant without a valid passport, and
212 (a)(7)(B)(i)(IT) as a nonimmigrant without a valid visa or border crossing card.
As a matter of discretion, USCIS may grant a waiver for any ground of inadmissibiliry found in INA section
212(a) with respect to a U nonimmigrant, other than section 2 I 2(a)(3) (E), participants in Nazi
persecution, genocide, or the commission of any act of torture or extra judicial killing if it is in the public
or national interest to do so.
As an individual seeking classification as a U nonimmigrant, the waivers available to you are found in
section 212(d)(3) of the INA based on the Secretary of Homeland Securiry's discretion and section
212 (d)(14) of the INA as a matter of national or public interest.
USCIS considers the following criteria in reviewing a waiver based on the discretion of the Secretary of
Homeland Security:
www.uscis.gov
E
Page 2 of 4
1. The risk of harm to society if the applicant is admitted;

2. The seriousness of the applicant's prior immigration law, or criminal law, violations, if any;
and
3. The reasons for wishing to enter the United States.
In support of your request for a waiver for your grounds of inadmissibility, you provided a personal
statement, a copy of your criminal history records from the California Department of Justice related to your
arrest for transportation or selling of narcotics or controlled substances, a copy of the petition for
expungement, copies of your children's birth certificates, copies of your high school and middle school
diplomas, and copies of two other certificates of recognition.
This evidence was found to be insufficient, and on November 1, 2013, USCIS requested additional
documentation. You were granted the opportunity to submit evidence such as copies of arrest reports, final
dispositions and relevant excerpts of law showing the maximum possible penalty for each charge, a
personal statement explaining details of the situation, and any relevant supporting evidence to address the
criteria as they pertained to your specific circumstances. Additionally, you were requested you to submit
evidence to demonstrate that USCIS should exercise its discretion to approve your application for a waiver.
The criminal investigation based on the finger prints you provided also showed an arrest on July 11, 2002
under the name of for vehicle theft, stolen property over $400, driving under the
influence of drugs or alcohol, and false identification to a police officer. Therefore, the same
documentation was requested for these other charges.
In response, you submitted a statement in which you acknowledged that you became involved with a
woman who used and sold drugs, how after you met this woman "you made many stupid decisions that
deeply regret", how you stopped going to school and started using drugs, and how you were arrested after
having contact with an undercover police officer. You pled guilty. and the court sentenced you to 180 days
in jail, 3 years of probation, and a court fee. You also stated that you completed all of the court's
requirements and that later this offense was expunged from your record.
Further, you also explained the circumstances surrounding your July 11, 2002 arrest. You explained you
were in your stopped car with your seven-year-old daughter, and a police officer approached you and told
you that you could not stop there. You drove away and stopped again after five minutes. The police officer
believed you were intoxicated and arrested you. You went on to explain that you were just tired because of
your medication, and since you were nervous you provided the police officer with a false name and date of
birth. It was determined that the individual whose identification you gave the police, had a warrant for his
arrest. After you were taken in and fingerprinted, it was discovered that you were not the person you
claimed to be.
Additionally, you also provided a copy of your probation expiration and confirmation that there are no
other cases pe11ding_under.your name of and several leners of acquaintance.
On June 19, ?O 14, USCIS sent another request for additional evidence indicating that you had yet to prove
that and is not the same person. You were also asked to provide
the dispositions for the arrests of July 11, 2002, as you had not provided with your response to the
previous request for evidence.
www.uscis.gov
E
Page 3 of 4
In response, you submitted official court documents showing that the San Diego Sheriffs Department had
erroneously arrested you on July 11, 2002 for the crimes listed in the warrant for ,
and that you are not in fact . Accompanying this evidence were six letters of
acquaintance which stated you have an active role in your church, and your community. These letters
mention that you have been a member and.a volunteer at Bienestar; that you have attended educational
gatherings and community forums at Bienestar; that you are perceived as a good neighbor; that you
provide financial support to your church, and that you work with the children at the church; that you have
been a tenant for Hollywood Community Housing Corporation for 6 years and have benefited form the ESL
and GED classes they offer; that there has never been a formal complaint against you, nor that you have
violated your lease agreement; and how your wife is also active in the community. However, these
letters do not warrant a favorable exercise of discretion since they do not address the issue of your drug
conviction or your rehabilitation from such practices. USCIS does not find it in the best national or public
interest to waive your conviction of transport or sale of drugs.
In visa petition proceedings, the petitioner bears the burden of establishing eligibility for the benefits
sought. See Matter of Brantigan, 11 l&N Dec. 493 (BIA 1966). The evidence you provided is not enough to
overcome your drug conviction or establish that granting a waiver would be in the national or public
interest. You are inadmissible to the United States
USCIS will not exercise its discretion to approve your application for a waiver as a matter of national or
public interest. Therefore, the Application for Advance Permission to Enter as Nonimmigrant (Form
I-192) is denied.
There are no provisions in USCIS regulations that provide for an appeal from this decision. This decision is
without prejudice to consideration of subsequent Form I-192 filed with USCIS. However, if you disagree
with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit
a motion to reopen or a motion to reconsider by completing a Notice of Appeal or Motion (Form I-290B).
A motion to reopen must state the new facts to be considered and must be supported by affidavits or other
new documentary evidence. A motion to reconsider must show that the decision was legally incorrect
according to statute, regulation, or precedent decision.
The motion must be filed within 33 days from the date of this notice. You must send your completed
Form I-290B and supporting documents with the appropriate filing fee to:

To obtain the Form I-290B, visit www.uscis.�ov/forms. For the latest information on filing location, fee,
and other requirements, refer to the Form I-290B instructions; review Title 8 Code of Federal Regulations,
sections 103.3 or 103.5; call our National Customer Service Center at 1-800-375-5283; or visit your local
USCIS office.
www.uscis.gov
E
Page 4 of 4
Sincerely,
CC: GINA AMATO
www.uscis.gov
E
July 07, 2016
PUBLIC COUNSEL A Number:

610 S ARDMORE AVE
LOS ANGELES CA 90005
File Receipt Number
Applicant/Petitioner Name:
Beneficiary:
Dear Sir/Madam:
On December 26, 2012, you filed the Petition for U Nonimmigrant Status (Form I-918) to classify yourself
as a victim of substantial physical or mental abuse of qualifying criminal activity under section
101 (a)( l S)(U) of the Immigration and Nationality Act (INA).
In order to be eligible for this classification, petitioner must demonstrate that he or she meets the
requirements set forth in Title 8 Code of Federal Regulations section 2 l 4. I 4(b). This section requires that
a petitioner for U nonimmigrant status must show that he or she:
(1) has suffered substantial physical or mental abuse as a result of having been a victim of
qualifying criminal activity;
(2) possesses credible and reliable information establishing that he or she has knowledge of the
details concerning the qualifying criminal activity upon which his or her petition is based;
(3) has been helpful, is being helpfui, or is likeiy to be helpful to a certifying agency in me
investigation or prosecution of the qualifying criminal activity upon which his or her petition
is based, and since the initial cooperation, has not refused or failed to provide information and
assistance reasonably requested; and
(4) the qualifying criminal activity described occurred in the United States (including Indian
country and military installations) or the territories and possessions of the United States, or
violated U.S. federal law that provides for extraterritorial jurisdiction to prosecute offenses in a
U.S. federal court.
Additionally, provisions at 8 CFR 214. l (a) (3)(i) require that any alien applying for nonimmigrant status
be admissible to the United States.
www.uscis.gov
E
Page 2 of 3
You appear to meet all eligibility criteria for U-1 nonimmigrant status except admissibility to the United
States. According to Title 8 of the Code of Federal Regulations (CFR) section 214.1 (a) (3)(i), one of the
general requirements for admission as a nonimmigrant is as follows:
Every nonimmigrant alien who applies for admission to, or an extension of stay in, the United
States, must establish that he or she is admissible to the United States, or that any ground of
inadmissibility has been waived ...
You filed Application for Advance Permission to Enter as a Nonimrnigrant Pursuant to Section 212( d)(3) of
the Immigration and Nationality Act (Form 1-192) on December 26, 2012; however, that application was
denied on May i8, 2015.
Therefore, you are not admissible to the United States. Accordingly, your petition cannot be approved.
In visa petition proceedings, the petitioner bears the burden of establishing eligibility for the benefits
sought. See Matter of Brantigan, 11 I. & N. Dec. 493 (BIA 1966).
If you disagree with this decision, or if you have additional evidence that shows this decision is incorrect,
you may file a motion or appeal of this decision by completing a Notice of Appeal or Motion (Form
I-290B). You may also include a brief or other written statement. The Form I-290B must be filed within
33 days from the date of this notice. If a motion or appeal is not filed within 33 days, this decision is final.
You must send your completed Form I-290B and supporting documentation with the appropriate filing fee
to:

To obtain die Form I-290B, visit vvwv,.uscis.gov/forms. For the latest information on filing location, fee,
and other requirements, refer to the Form I-290B instructions; review 8 CFR 103.3 or 103.5; call ou.r
National Customer Service Center at 1-800-375-5283; or visit your local USCIS office.
Sincerely,
Laura B. Zuchowski
Center Director
www.uscis.gov
E
Page 3 of 3
CC: GINA AMA TO
www.uscis.gov
E
Consular Processing
for Overseas
Derivative T & U
Family Members,
USCIS Q&A
Appendix S
Sample Cover Letter
to U.S. Consulate
Appendix T
April 7, 2017
U.S. Consulate Guadalajara

Progreso 175
Col. Americana
Guadalajara, Jalisco, Mexico
C.P. 44160
Re: Visa Appointment for , Approved I-918 (U Visa) Petition for

Nonimmigrant Status and Approved I-192 Waiver of Inadmissibility
Applicant’s A #:
Applicant’s I-918 Receipt No.:
Applicant’s I-192 Receipt No.:
Dear Consular Official:
I am pro bono counsel to (A# ). Mr. has an approved

Form I-918 petition for U Nonimmigrant Status (Receipt No. EAC ) as well as an
approved Form I-192 Application for Advance Permission to Enter as a Nonimmigrant (Receipt
No. EAC ). I ask that you issue Mr. his U nonimmigrant visa so that he may
lawfully enter the United States, and be reunited with his U.S.-citizen son. Enclosed please find
the following documents in support of this request:
(1) Confirmation of DS-160 Application Submission

(2) Payment Receipt for DS-160 Application
(3) Copy of USCIS Approval Notice for Form I-918 (U Nonimmigrant Status)
(4) Copy of USCIS Approval Notice for Form I-192 (Advance Permission to Enter as
Nonimmigrant)
(5) Copy of Mr. Complete U Visa and I-192 Application Packet, with accompanying
exhibits at Tabs A-T
USCIS approved Mr. U visa petition as the parent of a child victim of sexual abuse who
assisted law enforcement in the investigation of the crime. See 8 C.F.R. § 214.14(a)(14)(i). Mr.
nine-year-old, developmentally disabled son was a victim of sexual abuse. Mr.
assisted the police in the investigation of , the perpetrator of his son’s
abuse. In part due to Mr. assistance, Mr. was arrested, charged, and
convicted under Cal. Penal Code § 288(a) for lewd and lascivious acts against a child under the
age of 14, and is currently serving a 10-year prison sentence.
In addition to approving his U visa petition, USCIS found that Mr met the criteria
required to waive the following relevant grounds of inadmissibility: INA §§ 212(a)(6)(A)(i)
(entry without inspection), 212(a)(9)(A)(ii)(I) (prior removal order), 212(a)(2)(A)(i) (controlled
substance offense and/or crime involving moral turpitude), 212(a)(1)(A)(iv) (drug abuser), and
any others that USCIS deemed applicable. See Tab C (Form I-192); see also Form I-192
Approval Notice, dated Jan. 3, 2017.1 In reaching this conclusion, USCIS has already determined
that Mr. does not pose a risk of harm and the equities at play in this case outweigh the
seriousness of his previous violations.
Mr. has no history of violence. His criminal record consists of two driving-related
offenses and a single drug conviction in 2011 which grew out of a deep depression related to the
sexual abuse of his son. Tab O (Declaration ) ¶¶8,11-17; Tab M
(Criminal Records). Mr. has not used drugs since that time and, as the examining civil
surgeon confirmed, is in “full remission of addiction or abuse.” Tab Q (Medical Examination), p.
166. Indeed, rather than pose a risk of harm, Mr. has much to offer to the United States.
His life has been marked by hard work, dedication to his disabled son, and helpfulness to law
enforcement in his community. Tab O ¶¶4-6, 21-23. Mr. has demonstrated a steady work
ethic, specializing in vehicle driving and repair. Id. ¶¶5, 21. Before his removal from the United
States, Mr. was the primary caretaker for his U.S.-citizen son , who suffers from
serious learning and speech impairments. Id. ¶6; Tab G at 31-32 (Family Court Order Awarding
Mr. Primary Custody of His Son); Tab J at 82-106 (Evidence of Mr. Son’s
Disabilities and Mr. s Support for His Son). They have an extremely close relationship;
both Mr. and his son have suffered immensely as a result of their separation. See
Tab O ¶18-19, 23; Tab R (Letter from ). Moreover, Mr. showed
tremendous courage in working with the police to investigate and prosecute the man who
sexually abused his son . See Tab E (Declaration of ) ¶¶8-15;
Tab H (Police Reports and Criminal Records Demonstrating Mr. Son was a Victim of
Sexual Abuse and Mr. Cooperated in the Investigation and Prosecution of the
Perpetrator). Mr. assistance ultimately led to the perpetrator’s conviction and 10-year
prison sentence. See Tab H. Mr. also assisted law enforcement on other occasions,
demonstrating his cooperative spirit and dedication to the safety of his community. See, e.g., Tab
O ¶ 22; see also Tab I (Proof of Previous Cooperation with Law Enforcement). In light of these
positive factors, USCIS deemed it in the public interest to grant Mr. applications for
relief and permit him to return to the United States.
Mr. is currently separated from his young son as a result of his removal from the United
States. Mr. Flores’s deepest wish is to be reunited with . In light of Mr.
approved U visa and waiver applications, I ask that you grant his U nonimmigrant visa so that he
may reunite with his son as soon as possible.
1
During the course of Mr. s U visa application process, USCIS also considered and
waived two other potential grounds of inadmissibility: INA §§ 212(a)(6)(B)(failure to attend
removal proceedings) and 212(a)(9)(B)(i)(II)(unlawfully present in the U.S. one year or more).
See USCIS Notice of Action, dated Mar. 15, 2015. Mr. fully responded to these potential
grounds. He explained his unlawful presence in the United States. See Tab O at ¶¶5-7, 10. He
also noted that he does not believe he failed to attend a removal hearing, and that an immigration
judge did not order him removed for failure to appear. Id. ¶16. Nevertheless, Mr. asked
that USCIS waive this ground of inadmissibility if it deemed it applicable, and USCIS later
approved his waiver request. See I-192 Approval Notice, dated Jan. 3, 2017.
If you have any questions regarding this request, please do not hesitate to contact me at (213)
385-2977, ext. 235. Thank you, in advance, for your assistance.
Sincerely,
Talia Inlender
Public Counsel
Enclosures
Sample DS-160
Appendix U
Sign In Page
Application Information page
Personal Information 1 page
Displayed for all applicants Answered 'No' to the following questions 'Have you ever used other names (i.e., maiden, religious,
professional, alias, etc.)?' and 'Do you have a telecode that represents your name?'
Displayed for all applicants Answered ‘Yes’ to the questions 'Have you ever used other names (i.e., maiden, religious,
professional, aliases, etc.)?' and 'Do you have a telecode that represents your name?'
Displayed for all applicants. Answered ‘Yes’ all questions on the page. No additional fields are
triggered if ‘No’ is answered to the question 'Do you hold a passport for the nationality above?
Address and Phone Number page
Displayed for all applicants. All questions answered ‘Yes’.
Passport Information page
Displayed for all applicants. All questions are answered ‘Yes’.
Travel Information page
Displayed when ‘Purpose of Trip to the U.S.’ is ‘EXCHANGE VISTOR (J)/EXHANGE VISTOR (J1)
Travel Companions Information page
Displayed for all applicants. All questions are answered ‘Yes’.
Previous U.S. Travel Information page
Displayed for all applicants.
Previous U.S. Travel Information page
When all question are answered ‘Yes’.
U.S. Point of Contact Information page
Displayed for all applicants. All question are answered ‘Yes’.
Family Information: Relatives page
Family Informaiton: Spouse page
Displayed for all applicants who selected ‘Married’ on the ‘Personal Information 1’ page.
Present Work/Education/Traning Information page
Present Work/Education/Traning Information page continue
Additional Work/Education/Traning Information page
Security and Background: Part 1
Displayed for all applicants. All questions answered ‘Yes’
Displayed for all applicants
Displayed for all applicants
Additional Point of Contact Information
Displayed for all J visa applicants.
SEVIS Information
Displayed for all J visa applicants.
Upload Photo - CEAC
Upload Photo
Upload Photo Photo Quality Results
Upload Photo continue
Application Review
Application Review
Application Review
Application Review continue
Sign and Submit page
Displayed for B1/B2 applicants.
Sign and Submit page – IMBRA
Displays for K1 applicants.
Sign and Submit page -Wilberforce Pamphlet
Displays for A3-EM, G5-EM, NATO7-EM, H1B-H1B, H1B1-CHL, H1B1-SGP, H1C-NR,
H2A-AG, H2B-NA, H3-TR, J1-J1 applicants.
Confirmation page
Displayed to all applicants.
Sample Application
for Employment
Authorization
Appendix V
Sample Motion to
Reopen
Appendix W
OFACERSOFTiiE BOARD
PAUL W. SWEENEY.JR
Chanpmon
K&L GawLLP
BRIAN R STRANGE
��':�C
JAMIE BRODER
Sm.w')
The nation's largest pro bono law firm ADR Sm.,cts, Inc
MICHAEL H. STEINBERG
TmtSWTtf
SwUiwn & Cromwell LLP
MARGARET M. MORROW
fw,d,nt/CEO
SHARI BARTZ
August 3, 2016
V,u Pto:ukn1, F,nanct a!ltl ()pnauons
ELIZABETH BLUESTEIN
Via Prt.s1dtn1 and Gt:nn.al CownJd
TRACYK RICE
VIA PRIORITY MAIL
Via Ptcsid.tn1, Ott"lopmtn:
M. NICHOLAS
U.S. Department of Homeland Security

Citizenship & Immigration Services
Re: A#
I-290B Motion to Reopen
1-912 Request for Fee Waiver
Dear Sir or Madam:
On behalf of our client, (A# ), we submit the

enclosed I-290B Notice of Appeal or Motion. We file this Motion to Reopen in response
to the July 7, 2016 adverse decision to deny Mr. 1-192 Application for
Advance Permission to Enter as Nonimmigrant and I-918 Petition for U Nonimmigrant
Status.
In support of the Motion to Reopen, we submit new facts and documentary

evidence showing that Mr. merits a positive exercise of discretion. In light of
this new evidence, we respectfully request that USCIS reverse its decision and grant Mr.
U Nonimmigrant status.
Enclosed please find the following:
I) G-28 Notice of Entry of Appearance as Attorney;

2) Form I-290 B Notice of Appeal or Motion
3) I-912 Request for Fee Waiver
4) Brief Filed in Support of Motion to Reopen
'""'"
VIN 5) New Evidence Supporting Motion to Reopen
��AR •·rt,W
nrntr 8705 EnltTtainmm1
tI�K R. ROT ��
��c1ii'"uuD '"' UP If you need additional information, please do not hesitate to call me at (213) 385-
MAR'c"L s',."Ltfls"
R
Oldman, SaU10, 2977 x 232. Thank you for your assistance on this matter.
LL P
��
O'Md,�'!! LLP
ROBERI I.AR'
a�
�'m� iERuNE S1
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W<S� M. SILBERFELD'
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& LJ. SUNSHINE
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L MIGDAL TITLE'
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Rosmman LLP
EL
• s taff Attorney
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t�S.ZOHN'
BAY AREA OFACE MAIN OFFICE NEW YORK OFACE TEL 2 I J.385·2971
2001 CENTER STREET 610 S.ARDMORE AVENUE 39 BRO<IDWAY, SUITE I 140 PUBLICCOUNSELORG
BERKELEY, CA 94704 LOS ANGELES, CA 90005 NE W YORK. NY 10006
Notice of Entry of Appearance DHS
as Attorney or Accredited Representative Form G-28
0MB No. 1615-0105
Department of Homeland Security Expires 03/31/2018
Part 1. Information About Attorney or Part 2. Notice of Appearance as Attorney or

Accredited Representative Accredited Representative
I. USCIS ELIS Account Number (if any) T his appearance relates lo immigration matters before
.... (Select 011/y one box):
I.a. [Rj USCIS

Name and Address ofAttorney or Accredited
l.b. List the form numbers
Representative
lr-290B
2.a. Family Name !Amato
(last Name)
2.a. 0 ICE
2.b. Given Name !Gina
(First Name) 2.b. List the specific matter in which appearance is entered
2.c. Middle Namejaianca
3.a. Street Number 1610 S Ardmore Ave 3.a. O CBP

and Name
3.b. Apt. 0 Ste. 0 Fir. 0 3.b. List the specific matter in which appearance is entered
3.c. City or Townj _ _An

.....L_os _ e
_ _ g_el _ s
_ ___ ________.
I enter my appearance as attorney or accredited representative at
3.d. State � 3.e. ZIP Code �'9_o_o_o5 the request of:
_ _____�
4. Select only one box:
Province
3.f.
[R] Applicant O Petitioner O Requestor
3.g. Postal Code 0 Respondent (ICE, CBP)
3.h. Country
Information About Applicaut, Petitioner,
jusA
Requestor, or Respondent
�a. Fami�Name !
!2133852977 (last Name)
S.b. Gi:'en Name
5. Fax Number (Fi rst Name) ___________...,
!2133859089
S.c. Middle Name
6. E-Mail Address (ifany)
6. Name of Company or Organization (if applicable)
Jgamato@publiccounsel.org
7. Mobile Telephone Number (if any)
Form G-28 05/05/16 Y Page I of 4

Part 2. Notice of Appearance as Attorney or Part 3. Eligibility Information for Attorney or
Accredited Representative (continued) Accredited Representative
Information About Applicant, Petitioner, Select all applicable items.
Requestor, or Respondent (continued) 1.a. [g] I am an attorney eligible to practice law in, and a
member in good standing of, the bar of the highest
USCIS ELIS Account Number (if any)
courts of the following states, possessions, territories,
...
7.
commonwealths, or the District of Columbia. (Ifyou
tion Number (A-Number) or Receipt Number
need additional space, use Part 6.)
8.
Licensing Authority
I
!California
l.b. Bar Number (if applicable)
1215519
l 0. Mobile Telephone Number (if any)
I.e. Name of Law Firm
!Public Counsel
11. E-Mail Address (if any)
1.d. I (choose one) [R) am not D am
subject to any order of any court or administrative agency
Mailing Address ofApplicant, Petitioner, disbarring, suspending, enjoining, restraining, or otherwise
Requestor, or Respondent restricting me in the practice of law. If you are subject to
any orders, explain in the space below. (If you need
NOTE: Provide the mailing address of the applicant, petitioner, additional space, use Part 6.)
requestor, or respondent. Do not provide the business mailing
address of the attorney or accredited representative unless it
serves as the safe mailing address on the application, petition, or 2.a. D I am an accredited representative of the following
request being filed with this Form G-28. qualified nonprofit religious, charitable, social
12.a. Street Number service, or similar organization established in the
and Name United States, so recognized by the Department of
Justice, Board of Immigration Appeals, in accordance
12.b. Apt. [g] Ste. D Fir. D � with 8 CFR 292.2. Provide the name of the
______�
organization and the expiration date of accreditation.
12.c. City or Town
_______� 2.b. Name of Recognized Organization
L.
1...
12.d. State 12.e. ZIP Code

__,
12.f. Province 2.c. Date accreditation expires
(mmlddlyyyy) .,.
12.g. Postal Code
1
'--
______
___,
12.h. Country
USA
Fo 4
Part 3. Eligibility Information for Attorney or If you do not want to receive original notices or secure
identity documents directly, but would rather have such
Accredited Representative (continued)
notices and documents sent to your attorney of record or
3. D I am associated with accredited representative, please select all applicable
boxes below:
the attorney or accredited representative of record 2.a [R] I request OHS send any notice (including Form 1-94)
who previously filed form G-28 in this case, and my on an application, petition, or request to theU.S.
appearance as an attorney or accredited representative business address of my attorney of record or
is at his or her request. accredited representative as listed in this form. I
understand that I may change this election at any
NOTE: If you select this item, also complete Item
future date through written notice to OHS.
Numbers 1.a. - l.b. or Item Numbers 2.a. - 2.c. in
Part 3. (whichever is appropriate). 2.b. [RJ I request that OHS send any secure identity document,
such as a Permanent Resident Card, Employment
4.a. D I am a law student or law graduate working under the Authorization Document, or Travel Document, that I am
direct supervision of the attorney or accredited approved to receive and authorized to possess, to the
representative of record on this form in accordance U.S. business address of my attorney of record or
with the requirements in 8 CFR 292.1 (a)(2)(iv). accredited representative as listed in this form or to a
designated military or diplomatic address for pickup in a
4.b. Name of Law Student or Law Graduate foreign country (if permitted). I consent to having my
secure identity document sent to my attorney of record
or accredited representative's U.S. business address and
understand that I may request, at any future date and
through written notice to OHS, that OHS send any
Part 4. Applicant, Petitioner, Requestor, or secure identity document to me directly.
Respondent Consent to Representation, Contact 3.a. Signature of Applicant, Petitioner, Requestor, or
Information, and Signature Respondent
Consent to Representation and Release ofJnfornu,tion -.1

I. I have requested the representation of and consented to 3.b. Date of Signature (mmlddlyyyy).,.. j � �J - /G
being represented by the attorney or accredited
representative named in Part I. of this form. According
to the Privacy Act of 1974 and OHS policy, I also consent Part 5. Signature of Attorney or Accredited
to the disclosure to the named attorney or accredited Representative
representative of any record pertaining to me that appears
in any system of records ofUSCIS, ICE or CBP. I have read and understand the regulations and conditions
contained in 8 CFR 103.2 and 292 governing appearances and
When you (the applicant, petitioner, requestor, or representation before the Department of Homeland Security.
respondent) are represented, OHS will send notices to both I declare under penalty of perjury under the laws of theUnited
you and your attorney or accredited representative either States that the information I have provided on this form is true
through mail or electronic delivery. and correct.
OHS will also send the Form 1-94, Arrival Departure ). Signatll¢' f Attorney or Accredited Representative
Record, to you unless you select Item Number 2.a. in
Part 4. All secure identity documents and Travel
Documents will be sent to you (the applicant, petitioner, 2. Signature of Law Student or Law Graduate
requestor, or respondent) at yourU.S. mailing address
unless you ask us to send your secure identity documents
to your attorney of record or accredited representative. 3. Date of Signature (mmlddlyyyy).,..
Fonn G-28 05/05/16 Y Page 3 of4

jPart 6. Additional Information
Use the space provided below to provide additional information
pertaining to Part 3 .. Item Numbers I.a. - 1.d. or to provide
your U.S. business address for purposes of receiving secure
identity documents for your client (if your client has consented
to your receipt of such documents under Part 4.)
Fonn G-28 05/05/16 Y Page 4 of4

Notice of Appeal or Motion USCIS
Form 1-290B
U.S. Citizenship and Immigration Services Expires O 1/31/2017
Returned Reloc Sent Receipt Remarks
For Date I I Date I I

USCIS Date I I Date I I
Use Resubmitted Reloc Rec'd
Only
Date I I Date I I
Date I I Date I I
Please see the USCIS Web site at www .uscis.gov/l-290B to view appeal and/or motion eligibility by form type.
IJI,. START HERE - Type or print in black ink.
Part 1. Information About Petitioner/Applicant Part I. Information About Petitioner/Applicant

1.a. Family Name Contact Information
(Las/ Name)
7. Da eph mb Country Code) Extension
l.b. Given Name
(First Name) ( )[ - I
I.e. Middle Name 8. Mobile Telephone Number (if any)
2. Complete Name or Business/Organization (if applicable)
9.
(0)0-1
E-mail Address (if any)
I
Alien Registration Number (A-Numbe , ifapplicable)
I I
3.
IJI,. A- 10. Fax Number (if any)
4. Receipt Numbe_ r_ ---------
r
[EA c
--- (0)0·-�[ �
Part 2. Information About Person/Organization
5. USCIS ELIS Account Number (if any)
Filing Appeal or Motion on Behalf of
Petitioner/Applicant
(Allorney or Board of Immigration Appeals (BIA) Accrediled
Mailing Address (or Military APO/FPO Address, if Representative filing appeal or motion on behalf of the
applicable) petitioner/applicant)
6.a. In Care Of Name If you are the petitioner or applicant filing an appeal or motion
without an attorney or representative accredited by the BIA,
skip this part, and proceed to Part 3.
6.b. Street Number [
and Name I. [gJ I am an attorney or representative accredited by the BIA.
(If you check this box, you must attach a new Form
6.c. Apt. [gJ Ste. D F ir. G-28, Notice of Entry or Appearance as Attorney or
D _ _____ __, Representative, signed by the attorney or representative
named on Form G-28.)
6.d. City or Town � __ _� 2.a. Family Name [
(Last Name) Amato
6.e. State ZIP Code
______,
6.f.
2.b. Given Name
(First Name) [Gina
6.g. Postal Code
2.c. Middle Name
6.h. Province
3. Complete Name of Business/Organization (ifapplicable)
6.i. Country u
[ _s_A
____ _____________, !Public Counsel
L
Form 1-2908 01/23/14 N Page I of2

Part 2. Information About Person/Organization Part 3. Information About the Appeal or
Filing Appeal or Motion on Behalf of Motion
Petitioner/Applicant
4. Specific Classification Requested (e.g., H- I B, R-1, 0-1,
EB- I, EB-2, EB-3, etc., if applicable) pi
4. Daytime Telephone Number Extension �-----�
(8)8-�,2-9-7�71 !232 1 5. Date of Adverse Decision
5. Mobile Telephone Number (if any) (mm!ddlyyyy) .... ,07/07/2016
6.
(0)0-I
E-mail Address (if any)
I 6. USCIS Office Where Last Decision Issued
jvermont Service Center (EAC)
lgamato@publiccounsel.org
7. Fax Number (if any) IPart 4. Basis for the Appeal or Motion
(8)8-19 0 8 91 On a separate sheet of paper, you must provide a statement
regarding the basis for the appeal or motion. You must include
your name and A-Number or USCIS ELIS Account Number on
Part 3. Information About the Appeal or Motion the top of each sheet.
You must check only one box indicating that you are filing an Appeal: Provide a statement that specifically identifies an
appeal or a motion, not both. If more than one box is selected, erroneous conclusion of law or fact in the decision being
your filing will be rejected. appealed.
(DO NOT use this form if you are filing an appeal of a Motion to Reopen: The motion must state new facts and must
denial or a revocation of an approved Form 1-130 (Petition be supported by affidavits and/or documentary evidence that
for Alien Relative), or a Petition for Widow(er) filed on a establish eligibility at the time the underlying petition or
Form 1-360. Those appeals must be filed with the Board of application was filed.
Motion to Reconsider: The motion must be supported by
Immigration Appeals (BIA) using Form EOIR-29.
1. Appeal citations to appropriate statutes, regulations, or precedent
O I am filing an appeal to the Administrative Appeals decisions and must establish that the decision was based on an
incorrect application of law or policy, and that the decision was
a.
Office (AAO). My brief and/or additional evidence is
attached. incorrect based on the evidence of record at the time of
decision.
b. O I am filing an appeal to the AAO. My brief and/or
additional evidence will be submitted to the AAO
within 30 calendar days of filing the appeal. Part 5. Signature of Person Filing the Appeal/
c. O I am filing an appeal to the AAO. No supplemental Motion or His or Her Authorized
brief and/or additional evidence will be submitted. Representative
By signing below, I certify under penalty of perjury under the
laws of the United States of America that the information
2. Motion
d. � I am filing a motion to reopen a decision. My brief provided on this form, and the documents submitted in support
..,��«<26
and/or additional evidence is attached. are true and correct.
e. O I am filing a motion to reconsider a decision. My t.,. s;g,:u. /).
brief is attached.
I am filing a motion to reopen and a motion to
l.b. Family Name (last Name)
f.
reconsider a decision. My brief and/or additional
evidence is attached. IAmato
1.c. Given Name (First Name)

3. USCIS Form for Which You Are Filing an Appeal or
Motion to Reopen/Reconsider (e.g., 1-140, 1-360, 1-129, 'Gina
1-485, 1-601, etc.) 11-918/l-918A
l.d. Date of Signature (mmldd/yyyy) .... ,
tf-/.f//{.,
'----t, '--,7f--'-'-----'
NOTE: Make sure your appeal or motion is complete before filing.
Fonn 1-2908 01/23/14 N Page 2 of2

Request for Fee Waiver USCIS
Form 1-912
U.S. Citizenship and Immigration Services Expires: 04/30/2018
Application Receipted At (Select only one box)

For D USCJS Field Office D USCJS Ser ice Center
v
USCIS
Use D Fee Waiver Approved D Fee Waiver Denied D Fee Waiver Approved 0 Fee Waiver Denied
Only
Date: Date: Date: Date:
.,._ START HERE -Type or print in black ink.
If you need extra space to complete any section of this request or if you would like to provide additional
information about your circumstances, use the space provided in Part 1 I. Additional Information.
Complete and submit as many copies of Part 1 I., as necessary, with your request.
Part 1. Basis for Your Request (Each basis is further explained in the Specific Instructions section of the
Form I-912 Instructions)
Select at least one basis or more for which you may qualify and provide supporting documentation for any basis you select. You only
need to qualify and provide documentation for one basis for U.S. Citizenship and Immigration Services (USCJS) to grant your fee
waiver. If you choose, you may select more than one basis; you must provide supporting documentation for each basis you want
considered.
l. D I am, my spouse is, or the head of household living in my household is currently receiving a means-tested benefit.
(Complete Parts 2. - 4. and Parts 7. - I 0.)
2. � My household income is at or below· 150 percent of the Federal Poverty Guidelines. (Complete Parts 2. - 3., Part
5., and 7. - 10.)
3. 0 I have a financial hardship. (Complete Parts 2. -3. and Parts 6. - JO.)
Part 2. Information About You (Requestor)

Provide information about yourself if you are the person requesting a fee waiver for a petition or application you are filing. If you are
the parent or legal guardian filing on behalf of a child or person with a physical disability or developmental or mental impai rm ent,
provide information about the child or person for whom you are filing this form.
1. Full Name
Family Name ( ast Name) Given Name (First Name) Middle Name
__Jj ---J '--------------'
2. Other Names Used (if any)

List all other names you have used, including nicknames, aliases, and maiden name.
Family Name ( ast Name ) G iven Name (F irst Name) iddle Name
L _ _ - ---- 1-- - _ _ - - - -------1
I-- - _ _ _ _ _ _ _ _ _ _ _ _ _
: = = = = == = = =
= = = = ==== = = I 1r
= = = == = ====== ==== = =
3. Alien Registration Number (A-Number) (if any) 4. USCIS Online Account Number (if any)
.,._ A- ....
5. Date of Birth (mm/dd/yyyy) 6. U.S. Social Security Number (if any)
1 ....
Form 1-912 04/25/16 Y Page I of 11

!Part 2. Information About You (Requestor) (continued)
7. Marital Status
D Single, Never Married [8] Married D Divorced D Widowed D Marriage Annulled D Separated
D Other (Explain)
Part 3. Applications and Petitions for Which You Are Requesting a Fee Waiver
1. In the table below, add the form numbers ofthe applications and petitions for which you are requesting a fee waiver.
Applications or Petitions for You and Your Family Members

Full Name A-Number (if any) Date of Birth Relationship to You Forms Being Filed
C A- Self I-290B
A-
A-
,
A- I
Total Number of Forms (including self)
!Part 4. Means-Tested Benefits

If you selected Item Number I. in Part I., complete this section.
I. Ifyou, your spouse. or the head ofhousehold (including parent ifthe child is under 21 years ofage) living with you is receiving
any means-tested benefits, list the infonnation in the table below and attach supporting documentation. Ifyou are the parent or
legal guardian filing on behalfof a child or person with a physical disability or developmental or mental impairment, provide
infonnation about the child or person for whom you are filing this form ifhe or she is receiving a means-tested benefit.
Means-Tested Benefit Recipients

Full Name of Person Relationship Name of Agency Type of Date Benefit Date Benefit Expires
Receiving the Benefit to You Awarding Benefit Benefit was Awarded (or must be renewed)
Part 5. Income at or Below 150 Percent of the Federal Poverty Guidelines

Ifyou selected Item Number 2. in Part 1., complete this section.
Your Employment Status

I. Employment Status
[g] Employed (full-time, part-time, D Unemployed or O Retired D Other (Explain)
seasonal, self-employed) Not Employed
Form 1-912 04/25/16 Y Page 2 of 11

Part 5. Income at or Below 150 Percent of the Federal Poverty Guidelines (continued)
2. If you are currently unemployed, are you currently receiving unemployment benefits? 0 Yes D No
A. Date you became unemployed
(mm/dd/yyyy)
Information About Your Spouse

3. If you are married or separated, does your spouse live in your household? [2] Yes D No
A. If you answered "No" to Item Number 3., does your spouse provide any financial support to your 0Yes 0No
household?
Your Household Size

4. Are you the person providing the primary financial support for your household? [2] Yes D No
If you answered "Yes" to Item Number 4., type or print your name on the line marked "selr' in the table below. If you answered
"No" to Item Number 4., type or print your name on the line marked "selP' in the table below and add the head of household's
name on the line below yours.
Household Size
Is any income earned by this
Full Date of Relationship Full-Time
Married person counted towards the
Name Birth to You Student
household income?
03/14/1970 Self (gJ Yes 0No 0 Yes (g]No [gJ Yes 0No
D Yes 0No D Yes 0No D Yes 0No
Total Household Size (including self) 6
Your Annual Household Income

Provide information about your income and the income of all family members counted as part of your household. You must list all
amounts in U.S. dollars.
5. Your Annual Income
6. Annual Income of All Family Members

Provide the annual income of all family members counted as part of your household as listed in Item Number 4. (Do not include
the amount provided in Item Number 5.)
$I 6t> j
7. Total Additional Income or Financial Support
I
$
Provide the total annual amount you receive in additional income or financial support from a source outside of your household.
I
(Do not include the amount provided in Item Numbers 5. or 6.) You must add all of the additional income and financial support
amounts and put the total amount in the space provided. Type or print "O" in the total box if there are none. Select the type of
additional income or financial support that you receive and provide documentation.
D Parental Support 0 Educational Stipends O Unemployment Benefits 0 Financial Support From Adult Children,
Other People Living in the
0 Spousal Support (Alimony) 0 Royalties 0 Social Security Benefits Dependents,
Household
0 Child Support D Pensions D Veteran's Benefits �her (Explain)
i Ct-0A a 4
i
fv vtJ( ('4-,/c;;L
Form 1-912 04/25/16 Y Ft Z, I t & !" Page 3 of 11

IPart 5. Income at or Below 150 Percent of the Federal Poverty Guidelines (continued)
8. Total Household Income (add the amounts from Item Numbers 5., 6., and 7.)
9. Has anything changed since the date you filed your Federal tax returns? (For example, your marital status, D Yes D No
income. or number of dependents.)
Ifyou answered "Yes" to Item Number 9., provide an explanation below. Provide documentation if available. You may also
use this space to provide any additional information about your circumstances that you would like USCIS to consider.
t,,.r- f e,> , I< VI , � � t,7J'\.- 7J,.._, .!'
J
vt JC
!Part 6. Financial Hardship

If you selected Item Number 3. in Part 1., complete this section.
1. If you or any family members have a situation that has caused you to incur expenses, debts, or loss of income, describe the
situation in the box below. Specify the amounts of the expenses, debts, and income losses in as much detail as possible.
Examples may include medical expenses, job loss, eviction, and homelessness.
2. Jfyou have cash or assets that you can quickly convert to cash, list those in the table below. For example, bank accounts, stocks,
or bonds. (Do not include retirement accounts.)
Assets
Type of Asset Value (U.S. Dollars)
Total Value of Assets
Fann 1-912 04/25/16 Y Page 4 of I I

jPart 6. Financial Hardship (continued)
3. Total Monthly Expenses and Liabilities
$1�-------
Provide the total monthly amount of your expenses and liabilities. You must add all of the expense and liability amounts and type
or print the total amount in the space provided. Type or print "O" in the total box if there are none. Select the types of expenses or
liabilities you have each month and provide evidence of monthly payments, where possible.
D Rent and/or Mortgage D Loans and/or Credit Cards D Other
D Food D Car Payment
D Utilities D Commuting Costs
D Child and/or Elder Care D Medical Expenses
D Insurance D School Expenses
Part 7. Requestor's Statement, Contact Information, Certification, and Signature

NOTE: Read the Penalties section of the Form 1-912 Instructions before completing this part.
Each person applying for a fee waiver request must complete, sign, and date Form 1-912 and provide the required documentation.
This includes family members identified in Part 3. Signature fields for family members are at the end of this part. Jfan individual is
under I 4 years of age, a parent or legal guardian may sign the request on their behalf. USCIS rejects any Form 1-9 I 2 that is not signed
by all individuals requesting a fee waiver and may deny a request that does not provide required documentation.
Select the box for either Item A. or B. in Item Number 1. If applicable, select the box for Item Number 2.
1. Requestor's Statement Regarding the Interpreter
A. D I can read and understand English, and I have read and understand every question and instruction on this request and my
answer to every question.
I
B. � The interpreter named in Part 9. read to me every question and instruction on this request and my answer to every
question in Spanish j,
a language in which I am fiuent,
and I understood everything.
2. Requestor's Statement Regarding the Preparer (if applicable)
·..--�---------------------- -
D At my request, the preparer named in Part JO.,
�-...,.,----.�-,-,.-.----:,--,----,-------------------..J
prepared this request for me based only upon information I provided or authorized.
Requestor's Contact Information

3. Requestor's Daytime Telephone Number 4. Requestor's Mobile Telephone Number (if any)
I
5. Requestor's Email Address (if any)
Requestor's Certification
Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCIS may
require that I submit original documents to USCIS at a later date. Furthermore, I authorize the release of any information from any of
my records that USCIS may need to determine my eligibility for the immigration benefit I seek.
I further authorize release of information contained in this request, in supporting documents, and in my USCIS records to other entities
and persons where necessary for the administration and enforcement of U.S. immigration laws.
I certify, under penalty of perjury, that I provided or authorized all of the information in my request, I understand all of the
information contained in, and submitted with, my request, and that all of this information is complete, true, and correct.
Forni 1-912 04/25/16 Y Page 5 of 11

Part 7. Requestor's Statement, Contact Information, Certification, and Signature (continued)
WARNING: If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form 1-912,
USCIS will deny your fee waiver request and may deny any other immigration benefit. In addition, you may face severe penalties
provided by law and may be subject to criminal prosecution.
Requestor's Signature
---------'I I � - -J -1 t
6. Requestor's Signature Date of Signature (mm/dd/yyyy)
NOTE TO ALL REQUESTORS: If you do not completely fill out this request or fail to submit required documents listed in the
I
Instructions, USCIS may deny your request.
Family Members' Signatures

NOTE: Each family member must type or print their full name and sign in the spaces below. You can find additional family
members' signature spaces in Item Numbers 7. - 10. below. All family members identified in Part 3. must sign and date Form 1-912.
I certify that the information provided by the requestor in Part 7. applies to me.
7. Family Member I
Family Member's Name
_ il
�Fam _ _ b_e_ r_'s_S_ign
_ y� _M_em � _ a_tu_r_e______________________� Date of Signature (mm/dd/yyyy)
8. Family Member 2
.---�----=---------------------------,
Family Member's Signature D ate of Signature (mm/dd/yyyy)
9. Family Member 3
Family Member s' Name
_ i_ ly._M_e_mb_ _ er_ _s' _ S_ign

�F am "" a_ t_ u_r_e______________________� D ate of Signature (mm/dd/ yyyy)
10. Family Member 4

�Fam y_M_em
_ i_ l"- _ _be_ r's_ _Si_ ""gn_at_ ur_ _e______________________ Date of Signature (mm/dd/yyyy)
�
l 1. Family Member 5
.---�----=---------------------------,
Family Member's Signature Date of Signature (mm/dd/yyyy)
Fonn 1-912 04/25/16 Y Page 6 of 11

J Part 8. Family Member's Statement, Contact Information, Certification, and Signature
NOTE: Read the Penalties section of the Form 1-912 Instructions before completing this part.
If the information provided by the requestor in Part 7. is not applicable to a family member identified in Part 3., (for example, the
family member used an interpreter or speaks a different language) that individual should complete Part 8. USCIS rejects any Form
1-912 that is not signed by all individuals requesting a fee waiver.
Select the box for either Item A. or B. in Item Number I. If applicable, select the box for Item Number 2.
l. Family Member's Statement Regarding the Interpreter for
A. 0 I can read and understand English, and I have read and understand every question and instruction on this request and my
answer to every question.
B. 0 The interpreter named in Part 9. read to me every uestion and instruction on this request and my answer to every
question in , a language in which I am fluent, and
I understood everything.
2. Family Member's Statement Regarding the Preparer for
O At my request, the preparer named in Part JO.,

'-,---,---,.---,,-,-�---,.--,��---------------'
prepared this request for me based only upon information I provided or authorized.
Family Member's Contact Information

3. Family Member's Daytime Telephone Number 4. Family Member's Mobile Telephone Number (if any)
I
5. Family Member's Email Address (if any)
Family Member's Certification

Copies of any documents I have submitted are exact photocopies of unaltered, original documents, and I understand that USCJS may
require that I submit original documents lo USCIS at a later date. Furthermore, I authorize the release of any information from any of
my records that USCJS may need to determine my eligibility for the immigration benefit I seek.
I further authorize release of information contained in this request, in supporting documents, and in my USCIS records to other entities
and persons where necessary for the administration and enforcement of U.S. immigration laws.
I certify, under penalty of perjury, that I provided or authorized all of the information in my request, I understand all of the information
contained in, and submitted with, my request. and that all of this information is complete, true, and correct.
Family Member's Signature

6. Family Member's Signature Date of Signature (mm/dd/yyyy)
NOTE TO ALL FAMILY MEMBERS: If you do not completely fill out this request or fail to submit required documents listed in
the Instructions, USCIS may deny your request.
Form 1-912 04/25/16 Y Page 7 of 11

Part 9. Interpreter's Contact Information, Certification, and Signature
1. Did any person filing this request use an interpreter? � Yes, (complete this section) D No (skip to Part JO.)
2. Was the same interpreter used for all individuals requesting a fee waiver (as listed in Part 3.)? � Yes D No
NOTE for Family Members: If you used a different interpreter than the one used by the requestor, make additional copies of Part 9.,
provide the following information, indicate the family member for whom he or she interpreted, and include the pages with your
completed Form I-912.
Provide the following information about the interpreter for

_______________
Interpreter's Full Name

3. Interpreter's Family Name (Last Name) Interpreter's Given Name (First Name)
IAm_a_t_o____________________
.... �I ....G_ iIn_ a____________________
_
4. Interpreter's Business or Organization Name (if any)
_J
!Public Counsel
Interpreter's Mailing Address

5. Street Number and Name Apt. Ste. Fir. Number
1610 S Ardmore Ave
------------------------------------' I D D D I�---�
City or Town State ZIP Code
'--
o_s
....
IL_ _An
g eles
_ _ _ _ _ ____________________________
_
Postal Code Countr
�I E .... _ _s____�
9_o_Ioo
Province y
.... _______________
.___________________, ._________________, lu_s_A _J
Interpreter's Contact Information

6. Interpreter's Daytime Telephone Number 7. Interpreter's Mobile Telephone Number (if any)
1 (213) 385-2977
8. Interpreter's Email Address (if any)
lgamato@p ublic counsel.org
Interpreter's Certification
I certify, under penalty of perjury, that:
I am fluent in English and ispan ish I, which is the same language specified
in Part 7., Item B. in Item Number 1., and I have read to this requester in the identified language every question and instruction on
this request and his or her answer to every question. The requestor informed me that he or she understands every instruction, question,
and answer on the request, including the Applicant's Certification, and has verified the accuracy of every answer.
Interpreter's Signature
9.
(
nterp
�
e 77� Date of Signature (mm/dd/yyyy)
.7
11 �13J1tf,
� I I
Fonn 1-912 04/25/16 Y Page 8 of 11

Part 10. Contact Information, Declaration, and Signature of the Person Preparing this Request, if Other
Than the Requestor
I. Did any person prepare this request on your behalf? IRJ Yes, (complete this section) D No, skip
2. Was the same preparer used for all individuals requesting a fee waiver (as listed in Part 3.)? [gJ Yes O No
NOTE for Family Members: If you used a different preparer than the one used by the requestor, provide the following information,
and include the pages with your completed Form 1-912.
Provide the following info1mation about the preparer for

� ____ _________ __�
Preparer's Full Name

3. Preparer's Family Name (Last Name) Preparer's Given Name (First Name)
IAm a t o na
L _ _ ____________________
_ ___.l G
l.... i
_ ·_ ____________________
_ __,
4. Preparer's Business or Organization Name (if any)
!Public Counsel
Preparer's Mailing Address

S. Street Number and Name Apt. Ste. Fir. Number
1610 S Ardmore Ave lo D D I
City or Town State ZIP Code
ILo s Ang eles IEJ 190005
Province Postal Code Country
:============================= �-----------� l._u_s_A_________________,

Preparer's Contact Information
6. Preparer's Daytime Telephone Number 7. Preparer's Mobile Telephone Number (if any)
1 (213) 385-2977
8. Preparer's Email Address (if any)
Jgamato@public counsel.org
Preparer's Statement
9. A. D I am not an attorney or accredited representative but have prepared this request on behalf of the
requestor and with the requestor's consent.
B. IRJ �nyin attorney or accredited representative and my representation of the requestor in this case
!_6extends D does not extend beyond the preparation of this request.
NOTE: If you are an attorney or accredited representative, you may be obliged to submit a
completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative,
or G-281, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical
Confines of the United States, with this request.
Fonn 1-912 04/25/16 Y Page 9 of 11

Part 10. Contact Information, Declaration, and Signature of the Person Preparing this Request, if Other
Than the Requestor (continued)
Preparer's Certification
By my signature, I certify, under penalty of perjury, that I prepared this request at the request of the requestor. The requestor then
reviewed this completed request and informed me that he or she understands all of the information contained in, and submitted with,
his or her request, including the Applicant's Certification, and that all of this information is complete, true, and correct. I completed
this request based only on information that the requestor provided to me or authorized me to obtain or use.
'"·r:� zr�
Preparer's Signature
Date of Signature (mm/dd/yyyy)
11 �1311t
I I I
Fonnl-912 04/25/16 Y Page 10 of 11

I Part 11. Additional Information
If you need extra space to provide any additional information within this request, use the space below. If you need more space than
what is provided, you may make copies of this page to complete and file with this request or attach a separate sheet of paper. Include
your name and A-Number(if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which
your answer refers.
1. Family Name(Last Name) Given Name(First Name) Middle Name
I
_ _________ __.l _ ___________, �-----------�
2. A-Number(if any) Ill> A-
3. A. Page Number B. Part Number C. Item Number
I
D.
I I I
D.
I I
D.
I I
D.
Fonn 1-912 04/25/16 Y Page 11 of 11

Gina Amato, SBN 215519
Public Counsel
610 S. Ardmore Ave.
Tel. No. 213-385-2977 x 232
gamato(@publiccounsel.org
Attorney for Petitioner, A#
BRIEF FILED IN SUPPORT OF MOTION TO REOPEN
Petitioner:
1-192 Receipt Number:

1-918 Receipt Number:
INTRODUCTION
On December 26, 2012, ("Mr. filed an I-918
Petition for U Nonimmigrant Status and 1-192 Application for Advance Permission to Enter as
Nonimmigrant. On July 7, 2016 - three and a half years after Mr. filed his applications
- the United States Citizenship and Immigration Services (USCIS) issued a denial of his
applications based on its assertion that, while Mr. is eligible for U Nonimmigrant
Status, he does not merit a positive exercise of discretion.
Pursuant to 8 C.F.R. § 103.5 and USCIS's instructions, we submit an I-290B Motion to
Reopen within 33 days of USCIS's adverse decision. We submit new documentary evidence,
including the birth certificate of Mr. fifth U.S. citizen child and photographs of Mr.
and his family (Exhibit A), five letters of support confirming that Mr. is an
active member of his community and church who does not consume or sell drugs (Exhibits B-F),
and newly executed declarations by Mr. and his wife

Motion to Reopen
showing that Mr. has been rehabilitated for decades (Exhibits G-H). This new
evidence demonstrates that Mr. merits a positive exercise of discretion and that USC IS
reached an unjust decision in denying his application for U Nonimmigrant status. Accordingly,
we respectfully request that the Service reverse its denial of Mr. 1-192 Application for
Advance Permission to Enter as Nonimmigrant and 1-918 Petition for U Nonimmigrant Status
and grant him U Nonimmigrant status in the U.S.
STATEMENT OF FACTS
is a 46 year-old (d.o.b. ) man from Michoacan,
Mexico. See Declaration of U Visa Application Packet, Exhibit C.
He last entered the U.S. without inspection in the year 2000 and has not departed the U.S. since
that time. See I-918 Petition for U Nonimmigrant Status. Mr. is married to
and they have 5 U.S. citizen children: age 21;
age 1O; age 7; age 3; and
5 months. See Birth Certificates of USC children in U Visa Application Packet,
Exhibit K; and New Evidence in Support of Motion to Reopen, Exhibit A.
On December 20, 1999, Mr. daughter, was abducted and
raped when she was only 4 years-old. See Child Abuse Investigation Report, U Visa Application
Packet, Exhibit E. On that date, while working at her hot dog stand, mother placed
in the care of a transient man, whom she had only known for a few weeks. See DCFS
Detention Hearing Report, U Visa Application Packet, Exhibit F. When Mr. returned
from running an errand and learned that mother had entrusted her to a transient, he
became furious toward mother for her bad judgment, and soon began to search for her
throughout the city of Los Angeles. See Id.
3
Motion to Reopen
When he was unable to find Mr. flagged down a police officer on the
street and reported all of the details that he knew about his daughter's disappearance. See
Declaration of U Visa Application Packet, Exhibit C. During his
own search for Mr. went to the L.A. Rescue Mission, where he knew the
transient man sometimes stayed. See DCFS Detention Hearing Report, U Visa Application
Packet, Exhibit F. The other residents of the shelter led Mr. to the man's belongings,
where they found his photo identification. See Id. Mr. provided this information to
the police and the media was alerted of the missing child. See Id.
The following morning, the police found in a shopping cart that her abductor was
pushing near Griffith Park in Los Angeles. See Id. The subsequent investigation and medical
evaluation confirmed that abductor raped and sodomized her throughout the night,
leaving her with lacerations on her anus and vagina. See Id; Child Abuse Investigation Report, U
Visa Application Packet, Exhibit E. Officers placed perpetrator under arrest and
charged him with violating California Penal Code sections 286(c) (Sodomy of a child under 14
years), 288(a) (Lewd act with a child under 14 years), 278 (Taking child from a parent), and
261.S(d) (Unlawful intercourse). See Id.
The Los Angeles Police Department reported abduction and rape to the Los
Angeles County Department of Children and Family Services (DCFS). See DCFS Detention
Hearing Report, U Visa Application Packet, Exhibit F. Mr. cooperated with both
agencies in their respective investigations. See Declaration of U
Visa Application Packet, Exhibit C. On November 7, 2012, Cecilia Saco, Supervising
Children's Social Worker at DCFS, signed an I-918 Supplement B, U Nonimmigrant Status
Certification, confirming that Mr. daughter was a victim of abduction, rape and
4
Motion to Reopen
sexual assault, and that Mr. was cooperative in the DCFS investigation into the
incident. See Id.
Mr. suffered extreme emotional and psychological harm as a result of his
daughter's abduction and rape. See Declaration of U Visa
Application Packet, Exhibit C. When he learned that was missing, he became distraught
and believed that she had been killed. See Id. When authorities found her, but discovered that
she had been raped, Mr. felt extremely sad and depressed. See Id. His heart constantly
ached, he cried a lot and grappled with his guilt, knowing that would have been safe had
she been in his care. See Id. Mr. underwent psychological counseling for 2 years to
overcome the trauma he experienced as a result of this horrific tragedy. See Id.
Mr. made some mistakes as a young man that he 'truly regrets. On November
27, 1989 - when Mr. was 19 years-old - he was arrested for violation of Califo rnia
Health & Safety Code§ 11352 (the unlawful transport, import, sale, administration or gift of a
controlled substance). See Minute Order for People of the State of California v.
in Response to Notice of Action dated November 1, 2013, Exhibit (B)(a). Mr.
was convicted and the Court sentenced him to 180 days in jail, 3 years of probation,
and ordered him to pay restitution. See Id. Mr. successfully completed probation on
January 2, 1993. See Letter from the County of Los Angeles Probation Department in Response
to Notice of Action dated November I, 2013, Exhibit (B)(b). On April 14, 2006, the conviction
was set aside and vacated, a plea of not guilty was entered and the complaint was dismissed. See
Petition and Order for Expungement in U Visa Application Packet, Exhibit I.
Mr. was arrested again on July 11, 2002, but the charges stemming from that
arrest belong to another man named The police stopped Mr.
5
Motion to Reopen
in Victorville, CA while he was driving with his daughter who was 7 years-old at the
time. See Declaration of in Response to Notice of Action dated
November 1, 2013, Exhibit A. Mr. had been diagnosed with HIV years before and, on
that day, had taken his medication, which makes him very sleepy. See Id. The officer who
stopped Mr. told him that he believed he was intoxicated and that he had to arrest him.
See Id. When the officer asked Mr. for his name and date of birth, Mr.
panicked and told the officer that his name was and that his date of birth
was May 5, 1974. See Id. The officer arrested Mr. and took him to jail for one day.
See Id. The following day, the officers informed Mr. that he had a warrant for his
arrest in San Diego. See Id. Mr. explained that he had never lived in San Diego and
that the warrant could not be for him, but the officers transported him there. See Id. However,
after transporting Mr. to San Diego and taking his fingerprints, the Court released him
upon confirming that he was not in fact See Id. When Mr.
subsequently presented himself in Victorville, CA in connection with the ticket he received
there, court officials told him that there was no record of his case. See Id. Counsel for Mr.
has done an extensive search for these records in Victorville, CA, but has been unable
to locate any. See Response to Notice of Action dated November 1, 2013, Exhibit C; Response
to Notice of Action dated February 28, 2014. Mr. has also returned to Victorville, CA
to request any documents that exist relating to this ticket and was unable to obtain any. See
Declaration of in Response to Notice of Action dated February 28,
2014, Exhibit A.
On May 8, 2014, Mr. returned to San Diego in an effort to gather the requested
evidence relating to his July 11, 2002 arrest. See Declaration of in
6
Motion to Reopen
Response to Notice of Action dated February 28, 2014, Exhibit A. On that day, the Municipal
Court of California, County of San Diego provided Mr. with the Complaint that the
State filed again (d.o.b. 5/5/1974) on June 15, 1994. See Id. The
Complaint (Case Number ) alleges that, in February and June 1994,
unlawfully drove or took a vehicle, received stolen property, drove under the
influence, gave false information to a peace officer and drove without a license. See Complaint
Felony in Response to Notice of Action dated February 28, 2014, Exhibit D.
On July 7, 2014, the Superior Court of California, County of San Diego, took Mr.
fingerprints again and issued a Certificate ofldentity Theft: Judicial Finding of
Factual Innocence, showing that "another person was arrested for or convicted of a crime under
the identity of the petitioner in this case," that Mr. identity "has been mistakenly
associated with a record of the criminal conviction in this case," that Mr. "is not the
person for whom the warrant in this case was issued," "that there is no reasonable cause to
believe that the petitioner committed the offense in this case" and that "the petitioner is factually
innocent of that offense." See Certificate ofldentity Theft: Judicial Finding of Factual
Innocence in Response to Notice of Action dated June 19, 2014. The Court also issued Mis
Identification Minutes showing that it determined Mr. identity by his fingerprints,
photo and additional documents and determined that he is not the person who received the
citation, is named in the complaint, or was arrested in connection with Case Number .
See Mis-Identification Minutes in Response to Notice ofAction dated June 19, 2014. According
to the Mis-Identification minutes, a warrant for remains outstanding.
See Id. In addition, the San Diego County Sheriffs Department issued a Cal-ID Service Request
Form indicating that a comparison was made between (d.o.b. 5/5/1974) and
7
Motion to Reopen
and concluded that they are "not the same individual." See Cal-ID
Service Request Form in Response to Notice of Action dated June I 9, 2014.
Mr. has submitted numerous documents to USCIS showing that he is an active
member of his church and community and merits a positive exercise of discretion. The record
contains the following letters of support on behalf of Mr. 1) Director
of Programs & Public Affairs at Bienestar Human Services, Inc., dated November 27, 2013,
stating that Mr. has benefitted from HIV related social services for over 8 years and has
consistently attended educational gatherings, community forums and support groups; 2) Rev.
Senior Pastor at West Valley Hispanic Foursquare Church, dated November 26,
2013, stating that Mr. has been an active member of his congregation and Director of
Sunday School for over 4 years, and that he is "a person with good moral character, hardworking
and dedicated to serving God and his family;" 3) , Resident Services Coordinator at
Hollywood Housing Corporation, dated December 2, 2013, stating that Mr. "has
proven to be a good community member, a loving father and a person who strives to improve not
only his life but the life of his entire community;" 4) , Director of Child
Evangelism Fellowship, Inc., dated November 15, 2013, stating that Mr. is "dedicated,
respectful, diligent, submits to authority and follow[s] the rules;" 5) , MS,
LMFT, dated November 25, 2013, stating that Mr. attends outpatient group therapy
sessions on a regular basis to cope and deal with his daily stress and anxiety; 6) , Co
Chair of Hollywood Community Leaders, dated November 26, 2013, stating that Mr.
and his wife have been an invaluable asset to the Hollywood community for the past 6 years and
are "a prime example of what it means to give back without asking for anything in return." See
Letters of Support in Response to Notice of Action dated November I, 2013, Exhibit D.
8
Motion to Reopen
Mr. now submits additional letters of support, which constitute new evidence in
this case, showing that he is a man of good moral character who does not consume or sell drugs.
Mr. friend and neighbor, , wrote a letter on his behalf, dated July
26, 2016, stating that " is a man of the highest moral character." He goes on to say that
he is aware of Mr. past legal issue and "can state unequivocally that does not
sell drugs, nor is he involved in any illegal activity of any kind." Finally, Mr. states that
Mr. "is not the same person he was as a young man. He has matured and evolved to
become the type of person and the kind of man that this country needs." See New Evidence in
Support of Motion to Reopen, Exhibit B.
of Houston Hospitality wrote a letter, dated July 20, 2016, stating that Mr.
"has been an employee of Houston Hospitality for the past seven years," that "he has
proven to be an exemplary worker, trustworthy, humble, responsible, drug and alcohol free and
an upstanding member of his church," and that he "does not sell narcotics." See New Evidence in
Support of Motion to Reopen, Exhibit C. In fact, Mr. Houston states that Mr. is his
"most reliable employee." See Id.
In his letter, dated July 22, 2016, , Senior Pastor of Church I Am The
Door, states that Mr. is a faithful and active member of the church "who does not use
drugs or sell drugs." See New Evidence in Support of Motion to Reopen, Exhibit D.
, Manager at Mirada Terrace Apartments, where Mr. and his wife
have lived for over 3 years, states in her letter, dated July 26, 2016, that is a "hard
working and devoted father" and that she knows "for a fact that is not a drug
dealer, nor does he participate in illegal activity of any kind." See New Evidence in Support of
Motion to Reopen, Exhibit �.
9
Motion to Reopen
Finally, Resident Services Coordinator ofthe Hollywood Community Housing
Corporation, wrote a letter, dated July 26, 2016, stating that "Mr. and his family have
been model residents," that "there have never been any concerns of illegal or criminal activity
going on in the household," and that he has "a great deal ofrespect for Mr. See New
Evidence in Support ofMotion to Reopen, Exhibit F.
Finally, Mr. and his wife, have executed new
declarations in support of this Motion to Reopen. In his newly executed declaration, Mr.
explains that he was a victim ofphysical and sexual violence as a child. See New
Evidence in Support ofMotion to Reopen, Exhibit G. Mr. states that his older brother,
used to physically and sexually abuse him when they lived in Mexico. See
Id. After they entered the U.S., when Mr. was 15 years-old, his brother continued to
abuse him, prompting Mr. to leave their sister's home, where they were staying. See
Id. Shortly after, Mr. met a man named , who offered to allow Mr.
to live with him and his wife in Glendale, CA. See Id. However, after one month, Mr.
began sexually abusing Mr. as well. See Id. This abuse lasted for approximately one
year. See Id. In his declaration, Mr. explains that he was depressed and confused after
experiencing this continual abuse. See Id. He attempted to numb his pain and was negatively
influenced by a young woman he met, who used and sold drugs. See Id. While he does not
attempt to justify his arrest at 19, he believes that this physical and sexual abuse provides a
context for this negative behavior. See Id. Mr. expresses great remorse for his actions
and asserts that today, 25 years later, he is a different man. See Id.
Mr. wife, executed a new declaration
confirming that her husband has been genuinely rehabilitated for decades. In her declaration,
10
Motion to Reopen
Ms. states that, when she met Mr. 14 years ago, he told her about the trouble
he got into as a young man, but she could see that he was "already a changed man." Ms.
states that "there has never been any indication since the day that [she] met
that he has used or sold drugs." See New Evidence in Support of Motion to Reopen, Exhibit H.
Ms. states that Mr. is a "wonderful husband and father," who teaches their 5
children to be hard-working, respectful and honest, and that he extends a helping hand to
members of their community and church who are in need of assistance. See Id. She
characterizes her husband as a "respected man in [their] conununity and an example of positive
life change" who deserves a second chance. See Id.
PROCEDURAL HISTORY
On December 26, 2012, Mr. filed an I-918 Petition for U Nonimmigrant Status.
and an 1-192 Application for Advance Permission to Enter as Nonimmigrant, requesting a waiver
of the grounds of inadmissibility pertaining to his case. In support of his waiver request, Mr.
submitted a declaration signed under the penalty of perjury, copies of his children's
U.S. birth certificates, his middle and high school diplomas, a Ce1tificate of Participation in a
Life-Skills Workshop of the Salvation Army and a Certificate of Recognition from the
Department of the Treasury Internal Revenue Service. See U Visa Application Packet.
On November 1, 2013, USCIS issued a Notice of Action requesting additional
documentation pertaining to Mr. prior arrest on November 27, 1989 and July 11,
2002, as well as evidence showing that he merits a positive exercise of discretion. On January
15, 2014, Mr. timely responded to the Notice of Action by submitting the following
documents: 1) a supplemental declaration in which Mr. takes responsibility for his
actions that led to his arrest, expresses remorse regarding his poor decisions, and explains the
11
Motion to Reopen
many positive discretionary factors in his favor; 2) a minute order from the Los Angeles Superior
Court regarding Mr. November 1989 conviction; 3) a copy of California Health &
Safety Code § 11352, showing the maximum possible penalty for the offense; 4) a letter from the
County of Los Angeles Probation Department showing that Mr. probation expired on
January 2, 1993; 5) a declaration from Teresa Cruz, Senior Paralegal at Public Counsel, stating
that a document search relating to Mr. July 2002 arrest produced no results; 6) and
several letters of support showing that Mr. has benefitted greatly from HIV and mental
health related social services, has been an active member of his congregation, is an exemplary
member of his community and loving father, as well as a father figure to the kids in his
neighborhood. See Response to Notice of Action dated November 1, 2013.
Seemingly satisfied with the documentation that Mr. submitted in connection
with his November 1989 conviction, USCIS issued two subsequent Notices of Action on
February 28, 2014 and June 19, 2014, requesting additional documentation relating only to Mr.
July 2002 arrest under the name of In response to these
Notices, Mr. timely filed a copy of the Complaint against and
a Certificate of Identity Theft: Judicial Finding of Factual Innocence, which the San Diego
Superior Court issued on July 16, 2014, showing that and
are nqt the same person and that Mr. "is factually innocent" of the
allegations set forth in the Complaint. See Response to Notice of Action dated February 28,
2014 and June 19, 2014.
Despite the compelling evidence showing that Mr. is innocent of the charges
relating to his July 11, 2002 arrest, USCIS issued a Notice of Intent to Deny on March 24, 2015,
requesting the original birth certificate of Mr. daughter, and
12
Motion to Reopen
additional law enforcement documentation regarding the "alleged" qualifying criminal activity.
In response, Mr. timely submitted original birth certificate, a copy of
California I.D., a notarized letter from explaining that she is the daughter of Mr.
I
the original death certificate for mother and additional documents from the Los Angeles
County Department of Children and Family Services showing that Mr. daughter
was abducted and raped when she was 4 years-old. See Response to Notice of Intent to
Deny dated March 24, 2015.
On July 7, 2016 - nearly 1 1h years after Mr. submitted the evidence requested
in the Notice oflntent to Deny - USCIS issued a decision denying Mr. I-192
Application for Advance Permission to Enter as Nonimmigrant based on his November 1989
conviction. In its decision, USCIS states that, despite the six letters in the record showing that
Mr. is an active member of his church and community, that he utilizes important social
services, that he is a good neighbor and tenant, and works with the children at his church, these
"letters do not warrant a favorable exercise of discretion since they do not address the issue of
[his] drug conviction or [his] rehabilitation from such practices." Accordingly, the Notice states,
"USCJS does not find it in the best national or public interest to waive [Mr.
conviction of transport or sale or drugs."
ARGUMENT
I. USCIS Should Reopen Mr. Case and Grant Him U

Nonimmigrant Status Based on New Facts and Documentary Evidence
Showing that He Merits a Positive Exercise of Discretion
Section 8 C.F.R. § 103 .5(a)(2) provides that a motion to reopen an adverse agency
decision should be considered where there are "new facts to be provided in the reopened
proceeding" and where the motion is "supported by affidavits or other documentary evidence."
13
Motion to Reopen
Here, Mr. submits new facts and documentary evidence showing that he was a
childhood victim of sexual and physical abuse, that he is truly remorseful for his past mistakes,
and that he has been genuinely rehabilitated for decades. In addition, Mr. submits 5
additional letters from friends, neighbors and service providers confirming that he is a man of
good moral character, that he is active in his community and church, and that he does not
consume or sell drugs. This new evidence clearly shows that Mr. merits a positive
exercise of discretion and should be granted U Nonimmigrant status accordingly.
As a matter of discretion, USCIS may grant a waiver of inadmissibility if it is in the
national or public interest. See INA §212(d)(l 4). USCIS considers the following criteria in
determining whether an applicant merits a positive exercise of discretion: 1) the risk of harm to
society if the applicant is admitted; 2) the seriousness of the applicant's prior immigration or
criminal law violations; 3) and the reasons for wishing to enter the United States. See INA
§212(d)(3). The newly acquired evidence that Mr. submits with this Motion to
Reopen, as well as the evidence that is already in the record, clearly indicates that Mr.
merits a positive exercise of discretion.
While Mr. did make a mistake at the age of 19 that resulted in a conviction, he
learned a hard lesson and has not engaged in criminal conduct for over 25 years. In the many
declarations that Mr. has submitted in connection with his U visa application, he has
expressed great remorse over his actions and detailed the many ways in which he has changed
his life for the better. His employer, friends, neighbors, therapists and social service providers
have attested to Mr. good moral character and have stated unequivocally that he does
not consume or sell drugs. Mr. wife has stated that, in the past 14 years that she has
been with her husband, she has never had reason to believe that Mr. consumes or sells
14
Motion to Reopen
drugs. In fact, all of these individuals emphatically describe Mr. as an active member
of his congregation, a caring and helpful member of his community, and a loving husband and
father. Given that Mr. has been genuinely rehabilitated for decades, there is absolutely
no risk to society if he is admitted to the U.S.
Moreover, Mr. has compelling reasons for wanting to remain in the U.S. He is
the father of 5 U.S. citizen children. His oldest daughter who was abducted and raped at
the age of 4, is now 21 years-old. She continues to suffer the effects of her trauma and relies on
her parents for emotional and financial support. Mr. also has 4 other young children,
the youngest of whom is only 5 months old. All of Mr. children rely on him for
every type of support a father provides. Despite the fact that Mr. is statutorily eligible
for U Nonimmigrant status, he has been unable to obtain a work permit that would enable him to
get a well paying job and properly provide for his family. If Mr. is unable to obtain U
Nonimmigrant status, his U.S. citizen children will continue to suffer greatly.
Mr. also wishes to remain in the U.S. to ensure that he has access to critical
medical and therapeutic services. Mr. is HIV positive and requires ongoing medical
treatment to maintain his physical health. He also utilizes group therapy and other social
services to develop healthy coping mechanisms for his stress and anxiety. Mr. utilizes
all of these tools to maintain his physical and mental health and would suffer greatly if they were
not available to him. He has, therefore, extremely compelling reasons for wishing to remain in
the U.S.
The negative decision that USCIS reached in this case is unjust and should be reversed.
Mr. was candid about his November 1989 arrest in the initial U visa application packet
that he filed in December 2012. USCIS did not adjudicate his case in a timely manner and
15
Motion to Reopen
ultimately wrongfully denied Mr. U visa application. One year passed before Mr.
received any Notice of Action regarding his arrest history. In January 2014, Mr.
submitted the requested documents in connection with his 1989 arrest and believed that
the evidence he submitted was sufficient, as USCIS issued 2 subsequent Notices of Action,
pertaining only to Mr. July 2002 arrest. After a great deal of hard work, Mr.
obtained dispositive evidence from the San Diego Superior Court showing that he was
factually innocent of the charges that stemmed from the July 2002 arrest. However, after
receiving this compelling evidence, USCIS still issued a Notice oflntent to Deny, requesting
additional documentation about his identity, as well as the qualifying crime. Mr.
complied with this notice as well by timely submitting all of the requested evidence.
Nonetheless, USCIS denied Mr. U visa application- 3 1/2 years after the date of filing
based on the 1989 conviction. In light of the overwhelming amount of evidence, new and old,
showing that Mr. has been rehabilitated for decades, does not pose a risk to society and
has compelling reasons for wishing to remain in the U.S., this negative decision is unjust and
should be reversed.
CONCLUSION
The new evidence submitted with this Motion to Reopen, as well as that already in the
record, establishes that Mr. is a man of good moral character, an active member of his
community and church, and that he does not consume or sell drugs. This evidence of
rehabilitation shows that Mr. warrants a positive exercise of discretion.
16
Motion to Reopen
For the foregoing reasons, Mr. respectfully requests that USCIS reopen his
case, reverse its denial of his U visa petition, and grant him U Nonimmigrant status in the United
States.
ByL�,d, Dated: Jl / 1, / / {p
Gina Amato
17
NEW EVIDENCE IN SUPPORT OF 1-2908, MOTION TO REOPEN
EXHIBIT DESCRIPTION
A Birth Certificate of Mr. youngest USC child and photos of Mr. his
wife and their 5 U.S. citizen children
B Letter of Support from dated July 26, 2016, stating that " is a
man of the highest moral character" who "does not sell drugs, nor is he involved in any
illegal activity of any kind."
C Letter of Support from of Houston Hospitality, dated July 20, 2016, stating
that Mr. "is his most reliable employee," that Mr. "is drug and
alcohol free" and that he "does not sell narcotics."
D Letter of Support from , Senior Pastor of Church I Am The Door, dated

July 22, 2016, stating that Mr. is a faithful and active member of the church
"who does not use drugs or sell drugs."
E Letter of Support from , Manager at Mirada Terrace Apartments, dated July

26, 2016, stating that Mr. is a "hard-working and devoted father" and that she
knows "for a fact that is not a drug dealer, nor does he participate in
illegal activity of any kind."
F Letter of Support from , Resident Services Coordinator of the Hollywood

Community Housing Corporation, dated July 26, 2016, stating that "Mr. and his
family have been model residents," and that "there have never been any concerns of
illegal or criminal activity going on in the household."
G New Supplemental Declaration of in Support of Motion to

Reopen in which he describes ongoing physical and sexual abuse, which provides
context for his 1989 conviction
H Declaration of in Support of Motion to Reopen in which

she states that Mr. is a respected man in the community and "an example of
positive life change"
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HOLLYWOOD PRESBYTERIAN
M E D I C A L £ 6 t'f T E R �01
OUR MEDICAL RECORDS INDICATE THAT THE FOLLOWING CHILD:
WAS BORN IN THIS FACILITY
ON AT 1431 HOURS
A
MOTHER'S MAIDEN NME:
MOTHER'S BIRTH PLACE: MEXICO DOB:
FATHER'S NAME:
FATHER'S BIRTH PLACE: MEXICO DOB:
SEX OF CHILD: FEMALE
BIRTH ATTENDANT: JONATHAN AZIZZADEH,MD
HOSPITAL REPRESENTATIVE
---
1300 North Vermont Ave.

This document should be carefully preserved. It is your family's heirloom recoro of the
facts pertaining to your child's birth. The law requires that the original certificate, not this
document, be filed with the Vital Statistics Office in Los Angeles County, California, from www.hollywoodpresbyterian.com
which an official copy may be obtained. 213.:4133000
TABB
July 25, 2016
Dear U.S. Citizenship and Immigration Services,
My name is I am a U.S. citizen, born in the United States a little over

60 years ago of parents who are U.S citizens, as my family has been for many generations.
I am a retired educator (grades K-12), former Production Manager for Sidewinder Missile
(DoD, Navy - retired), former Lead Quality Assurance Engineer for the Tomahawk Cruise
Missile Project (DoD, Navy - retired) and a small business owner. Over the years I have
had the opportunity and honor of interfacing and interacting with numerous people from
all walks of life. One of the many things I have learned and pride myself on, is to not only
listen to people, but to also watch and be aware of their actions. This has enabled me to
become what I consider a good "understander of character". I am not comfortable with,
nor do I use, the term "judge of character", because I do not feel it is my place to judge.
I am writing this letter to tell you just some of the many fine qualities of
whom I have known for over 3 years in various capacities, including neighbor and, perhaps
more importantly, friend. As a neighbor, I have gotten to know his wife and hiss
beautiful children on one level. I see how he and his family interact and witness the love
and devotion that he displays each and every day. He is a dedicated man who works hard
to provide for his family, watches over them and protects them. He operates with the
utmost integrity, never has a bad word to say about anyone and never leaves a job
unfinished. On top of this, he is always there to offer a helping hand. I have not only
experienced this first hand, but have also witnessed this with other people. is a
very devout man and spends a good deal of his time helping out at the church and
fellowshipping with other parishioners to study and discuss the Bible, their beliefs and
religion in general. I can say, without a doubt, is a man of the highest moral
character.
On a more personal level, and I have had the opportunity to talk in depth and I
have gained deeper insight into who is. I am very well aware of his past and the
issue of him allegedly selling drugs as a youth. I also have heard the challenges he has
faced and the difficulties that he has had to overcome. I can state unequivically that
does not sell drugs, nor is he involved in any illegal activity of any kind. To his
credit and as a testimony to his integrity, he has had the strength to rise above these and
become the man that he is today. As a young person, I did foolish things. As an educator, I
saw some of the young men and women I worked with do foolish things. But people
change. They mature, they take on more and more responsibility and they grow up. And
they change. is one of these people. He is not the same person he was as
a young man. He has matured and evolved to become the type of person and the kind of
man that this country needs. I have no doubt about his ability to succeed in the future. I
believe with all my heart that he should become a U.S. citizen.
TABC
Houston Hospitality
P.
July 20, 2016
To whom it may concern:
This Jetter is to certify that has been an employee of Houston
Hospitality for the past seven years. In al] his time here as a custodian, he has proven to
be an exemplary worker, trustworthy, humble, responsible, drug and alcohol free, and an
upstanding member of his church, where he is a leader of young children's biblical
lectures. He does not selJ narcotics. He is my most reliable employee whose work ethic I
truly admire. Please feel free to cal] or email me if you have any questions.
RegTJJ,
TABD
11111cm
CHURCH I AM THE DOOR
Corporate Number:
TO WHOM IT MAY CONCERN:
I take thjs medium to greet you in the name of our Lord Jesus Christ, wishing his riches and
blessings upon you.
I am pleased to indicate that I know as a faithful and active member within

our Church, which has been unfolding as a Leader of Teachers within the cruldren's ministry in
our Church and we find rus leadership satisfactory. Since August 2011, I have seen his
wilingness and spiritual growth to the Lord Jesus Christ. Performing in position as a teacher of
kids and all that is required of him. I am witnesses that is a healthy man who
does not use drugs or sells drugs. Therefore we extend this for the purposes deemed appropriate,
on the 22nd day of the month July 2016
Sincerely,
TAB E
July 26, 2016
Dear U.S. Citizenship and Immigration Services,
I am writing to tell you of the many fine qualities of whom I have

known for over 3 years as his apartment manager.
I have had the chance to get to know and I can say without a doubt that you
are dealing with a person of very good moral character. I have never had any
problems with or his family and I know him to be a hard-working and
devoted father. operates with integrity and never has a bad word to say
about an�ne. He always pays his rent in full and on time every month.
Here at we have a zero tolerance for illegal drug activity

of any sort, be it use, sales, distribution or anything else. I know for a fact that
is not a drug dealer, nor does he participate in illegal activity of any
kind.
On a personal level, may I just say that I really like He is an honest

man and I have no doubts about his abilities to succeed in the future.
T hank you,
TAB F
1t
�
Hollywood Community Housing Corporation
July 26, 2016
f
Boord o Directors
Kyle Arndt
President To Whom It May Concern:
Jerold B. Neuman
Vice President & Secretary The purpose of this letter is to provide a character reference on behalf of Hollywood
Community Housing Corporation for My name is , I am a
Ira Oankberg
Resident Services Coordinator (RSC) with Hollywood Community Housing Corporation
Michael G. Okamura (HCHC). Mr. has been a resident of HCHC since February 26, 2007. My time in
Bonnie Tseng
working with Mr. started in September of 2011 when I began my employment
with HCHC. In my professional experience in working with him, he has always been
Maria Joyce Maynard cordial, cooperative and enthusiastic.
Glynn Turman
As a resident of HCHC, Mr. and his family have been model residents. They are
Executive Direr/or well liked in the building and get along with all of their neighbors as exemplified by not
Sarah Letts receiving any notices for lease violations (Warning and Good Cause Notices) related to
the disruption of the peaceful and quiet enjoyment of the property during their tenancy.
Throughout his tenancy there have never been any concerns of illegal or criminal
activity going on in the household. Mr. is a responsible father and husband
who diligently attends to the needs of his family. In his 9 years of tenancy he is well
respected in the building, as both he and his wife are spiritual ministers at a local faith
based church. My duties require me to be in communication with other tenants. These
tenants have relayed to me that Mr. is an individual they turn to during
difficult times. Mr. has gone above and beyond at times to assist those who
ask for help.
Mr. continues to be a model resident. In my professional opinion, I have a

great deal of respect for Mr. Mr. is a valuable member of the
community and is someone HCHC is proud of for his progress during his tenancy. Feel
free to contact me if you need any additional information at or
Sincerely,
• Phone: • bx: 323.46').1899 • Web: www.hollywoo<lhousing.org

TABG
DECLARATION OF (
IN SUPPORT OF MOTION TO REOPEN
I, declare the following:
1) I write this declaration to provide additional context relating to my arrest history. When I was 19
years-old, I was convicted of transporting or selling a small amount of a controlled substance. I
was young and stupid and made a terrible mistake. I took responsibility for my actions,
completed the Court's sentence and learned a hard lesson. I never repeated this behavior again.
3) I cannot express how remorseful I am for the decisions I made in the past. I can't help but
wonder how things would be different if I had made different decisions when I was a young man.
It has been over 25 years now, and I am proud that I have become a different man.
4) There is information about my personal history that I have not included in my U visa application,
but which, I believe, helps explain my negative behavior as a young man. When I was a young
child, I was a victim of physical and sexual abuse. I was the middle of 9 siblings. My father
drank and every weekend he would come home drunk and hit all of us. I developed a lot of fear
of my father and would try to stay outside of the house to avoid the abuse.
5) When I was IO years-old, my older brother, began to sexually abuse me and

one of my younger brothers. I was afraid to tell on because he hit me a lot and I was
scared that he would hurt me worse. When I was around the age of 12, I told my mom that
was sexually abusing me, but she did not believe me.
6) As I got older, things seemed to change with I thought that he was not going to hurt
me anymore, so we decided to come to the U.S. to live with our sister. After we entered the
United States together and went to live with my sister, however, my brother began to physically
and sexually abuse me again. Soon after, I left to avoid further abuse. I went to an arcade to
pass the time and met a man named We began talking and, after telling him about
my situation, invited me to stay at his home with him and his wife. I was hesitant at first,
but he convinced me to go with him to his home in Glendale, CA, where he introduced me to his
wife. It made me more comfortable to meet his wife and I believed that they had good
intentions, so I began living there with them.
7) Everything went well for the first month or so and I was grateful that I had a place to stay.
However, after that, began to touch me in sexually suggestive ways and try to kiss me.
When I would try to rebuff his advances, would tell me that everything was fine and
normal. I was scared and uncomfortable, but I didn't have anywhere else to go, so I felt stuck.
must have sensed this, because his behavior escalated to the point of him forcing me to
have sex with him. The sexual abuse lasted for about one year until things blew up. I went out
with my friends one night and got extremely upset and jealous. When I returned, he
threatened to hit me if I did not leave, so I chose to leave.
8) I became depressed after experiencing this continued abuse. For the next few years, I struggled
with all of the conflicting feelings inside of me and had no one to turn to for help. I felt that
used me and I was powerless to do anything about it. I also began to have doubts about
my sexual orientation, which really confused me. I did not have any healthy coping mechanisms
at that time in my life, so I began to use drugs to numb the pain of that abuse and take myself far
away from the feelings that were plaguing me. As I mentioned in my previous declarations, I
stupidly became involved with a young woman who sold drugs and I was negatively influenced
by her behavior. When I was arrested at the age of 19 for selling or transporting a small amount
of a controlled substance, it put a quick stop to my misconduct. Approximately 25 years have
passed and I have never again engaged in that behavior.
9) 1 am now a 46 year-old husband and father of five U.S. citizen children. As the many letters that
I have submitted with my application indicate, I am an active member of my community and
church. I deeply regret the decisions that I made in the past and wish more than anything that I
could go back and change them. There is nothing I can say to justify my behavior, but I do
believe that my childhood sexual abuse provides a context for it. I have since made tremendous
efforts to improve my life, maintain my physical and mental health, and give back to my
community. I can truly say that I have been rehabilitated and that I am a productive and law
abiding member of the community. I therefore respectfully request that you give me a second
chance and an opportunity to gain lawful status in the U.S.
I declare under penalty of perjury that the foregoing is true and correct under the laws of the
State of California.
Dated: Z - J - /6
TABH
DECLARATION OF
IN SUPPORT OF MOTION TO REOPEN FOR
I, declare the following:
1) I am the wife of and I have been together for 14 years and

married for about 5. When I met his daughter was 7 years-old and about to turn
8. Since that time, we have had 4 children together ranging in age from 13 years-old to 5
months. All of our children are U.S. citizens.
2) When I met he told me about the trouble he got into when he was 19 years-old.
was already 32 years-old when I met him and was already a changed man. He was quiet
and serious, responsible and law abiding. There has never been any indication since the day
that I met that he has used or sold drugs.
3) is a wonderful husband and father. Over the past 14 years, I have had the opportunity
to witness everything that has done for our family and community. He has been the
father to our children that he never had. He is very protective of our children and acts as a
positive role model for them so that they do not commit the same mistakes he made. He
teaches our children to be hard-working, respectful and honest so that they can build bright
futures for themselves. He also teaches our children to be humble and help other people in the
community who need assistance.
4) also reaches out to members of our community and church who need help. He serves
as an example for them of how one can change his or her life. He takes the children to the park,
involves himself in community events, and talks to people about how he can help them. He
even invites people to our home if they do not have a place to stay or food to eat. is a
respected man in our community and an example of positive life change.
5) did make a mistake, but I can say with certainty that he learned his lesson. He has
matured as a man and changed his life completely. He has done everything possible to correct
his mistake and I believe he deserves a second chance.
I declare under penalty of perjury and the laws of the United States that the foregoing is true
and correct.
oi- 3- I 0
DATE
Sample Closing
Letters in English and
Spanish
Appendix X
DATE
CLIENT INFO
Re: Your Immigration Case
Dear ________:
Congratulations! Your U Visa has been approved. Enclosed is the approval

notice(s) for your U Visa and any waivers you requested, your work permit,
as well as your I-94. Make sure to keep these documents in a safe place
because you will need them when you apply for legal permanent residence.
We are now closing your case with our office. Because your case is closed,
Public Counsel will not take any other action in your case, and we are not
responsible for assisting you in maintaining your status or with applying for
any other benefit in the future.
IMPORTANT INFORMATION ABOUT YOUR U VISA EXPIRATION:
Your U Visa is valid from __________ to ____________. On __________

you may apply to become a lawful permanent resident. NOT
EVERYONE WHO IS GRANTED A U VISA WILL BE ELIGIBLE TO
ADJUST STATUS TO PERMANENT RESIDENT. Please note that you may
only have a U Visa for a total of 4 years. Your 4 years of status will expire on
___________. After that time, if you have not already filed an application to
adjust your status to legal permanent resident, you will be ‘out of status’ or
‘undocumented’ again. Before you file for permanent residence, you should
contact an immigration attorney. If you want to be a client with our office,
you need to contact us by . We cannot guarantee that we will be able
to assist you with your application, but we will at least provide you with a
referral list at that time.
WHAT YOU WILL NEED TO APPLY FOR LEGAL PERMANENT RESIDENT STATUS:
Here is a partial list of important things that you will need if you want to apply to adjust your
status to a legal permanent resident in the future:
1. Copy of your U Visa approval notice;

2. Copy of everything you filed with the immigration service when you applied for you U
Visa; and
3. Documents proving that you have lived in the U.S. continuously for 3 years after the date
that your U Visa was approved. If you leave the U.S. for more than 90 days, you might
lose the right to get a green card. To prove that you have lived in the U.S. for 3 years
after receiving your U Visa, you should save tax returns, utility bills, rent receipts, rent
agreements, school transcripts, monthly cellular telephone bills, credit card statements,
medical bills, or other records that show your name and the date.
In addition to submitting these documents, you must prove that you continued to cooperate with
law enforcement if they request further assistance from you, and that you continue to be a person
of good moral character. Therefore, you must avoid any criminal arrests. If you get arrested,
you should consult with an attorney to discuss how this may affect your immigration case.
REMINDER ABOUT TRAVEL:
Most people who are granted U Visas are NOT eligible to travel outside the U.S. The safest way
to be sure you remain eligible to apply for your lawful permanent residence in the future is to
remain in the U.S. after your U Visa is granted. However, if you absolutely must travel we
recommend that you discuss the issue with a reputable immigration attorney.
CHANGING YOUR ADDRESS:
If you move, please be advised that you must notify the U.S. Citizenship and Immigration
Services by submitting form AR-11 within 10 days of moving. The form may be obtained online
at www.USCIS.gov or by calling 1-800-375-5283. We are enclosing in this letter 2 copies of the
AR-11 form. If you move, you should send this form by certified mail and keep a copy of the
receipt.
SELECTIVE SERVICE:
Please note that federal law requires that, male U.S. citizens, male U.S. lawful permanent
residents, and undocumented males, including U Visa holders, who are 18 through 25, register
with Selective Service. Failure to do so may result in the denial of certain benefits including
naturalization. You can obtain more information about how to register by phone at 1-888-655-
1825 or online at http://www.sss.gov.
We are also enclosing in this packet a copy of your entire U Visa application and all original
documents from your file. If you would like a copy of your entire file, please feel free to call us
at (213) 385-2977. We will keep your file in storage for seven (7) years from the date of this
letter. After this time, your file and all its contents will be destroyed.
As of the date of this letter, we have completed all services we agreed to assist you with and we
are closing your immigration case with Public Counsel. In the future, if you want to apply for
legal permanent residence, you may call us at (213) 385-2977. Once again, we would like to
remind you that we cannot guarantee that we will be able to assist you with your application for
legal permanent residence, but we will at least provide you with information or referrals.
If you have any questions regarding this letter, please contact me at (213) 385-2977, extension
232. Congratulations and best of luck to you in the future.
Sincerely,
Gina Amato
FECHA
INFORMACION DEL CLIENTE
Re: Su Caso de Inmigración
Estimada ___________:
¡Felicidades! Su Visa U ha sido aprobada. Adjunto encontrara la

notificación(es) de aprobación de su Visa U y cualquier perdón que usted haya
solicitado, y también su tarjeta I-94. Ya debe haber recibido su permiso de
trabajo. Asegúrese mantener estos documentos en un lugar seguro porque los
necesitará cuando solicite la residencia permanente.
Estamos cerrando su caso con nuestra oficina. Ya que su caso está cerrado,
Public Counsel no tomara ninguna otra acción en su caso, y no seremos
responsables en ayudarle a mantener su estatus o para pedir cualquier otro
beneficio en el futuro.
INFORMACION IMPORTANTE SOBRE LA FECHA DE VENCIMIENTO

DE SU VISA U:
Su Visa U es válida desde hasta el . Usted puede solicitar su

residencia permanente desde . NO TODOS LOS QUE RECIBEN
LA VISA U TENDRAN LA POSIBILIDAD DE AJUSTAR SU ESTATUS. Por
favor tome nota que usted solo puede tener la Visa U por un total de 4 años.
Sus 4 años de estatus terminan el . Después de este tiempo, si
usted no ha sometido una solicitud para ajustar su estatus a ser residente
permanente, estará "fuera de estatus" o "indocumentado" de nuevo. Antes de
solicitar su residencia permanente, usted debe ponerse en contacto con un
abogado de inmigración. Si usted quiere ser un cliente de nuestra oficina,
necesita comunicarse con nosotros . No podemos garantizarle que
podremos ayudarle con su solicitud para residencia, pero por lo menos le
proveeremos una lista de referencias en ese tiempo
PRUEBAS/ INFORMACION QUE USTED NECESITARA PARA FUTURA SOLICITUD
PARA RESIDENCIA PERMANENTE:
Aqui hay una lista parcial de cosas importantes que usted debe guardar o saber si usted desea
ajustar su estatus a residente permanente en el futuro:
1. Una copia de la carta de aprobación de la Visa U

2. Copia de todos los documentos que sometió a Inmigración cuando solicito su Visa U;
3. Documentos que demuestren que usted ha vivido en los Estados Unidos continuamente
por tres (3) años después de la fecha que le aprobaron su Visa U. Si usted viaja afuera de
los Estados Unidos por más de 90 días, usted podría perder el derecho a su residencia
permanente. Para demostrar que ha vivido en los Estado Unidos por tres (3) años
después de haber recibido su Visa U, debe guardar pruebas de su "presencia continua”
por ejemplo, sus declaraciones de impuestos, cuentas de servicios públicos, recibos de
alquiler, contrato de alquiler, estados de cuenta mensual de teléfono celular, estados de
cuentas de tarjetas de crédito, cuentas medicas, documentos oficiales, o cualquier
documento que muestre su nombre y la fecha.
Además de someter los documentos antes mencionados usted también debe demostrar que ha
continuado cooperando con la policía o fiscalía si ellos se lo han pedido y también debe
continuar siendo una persona de buen carácter moral y evitar cualquier arresto criminal. Si lo
arrestan, usted debe consultar con un abogado para discutir como esto le puede afectar su caso de
inmigración.
RECORDATORIO SOBRE VIAJAR:
La mayoría de la gente que recibe la visa U NO es elegible para viajar afuera de los Estados
Unidos. La manera más segura para que usted continúe siendo elegible para solicitar su
residencia permanente en el futuro es que usted permanezca en los Estados Unidos después que
haya recibido su Visa U. Sin embargo, si usted absolutamente debe viajar le recomendamos que
discuta el tema con un abogado de inmigración.
CAMBIO DE DOMICILIO:
Si usted se muda, debe notificar al U.S. Citizenship and Immigration Services sometiendo la
solicitud AR-11 dentro de 10 días de su mudanza. La solicitud puede ser obtenida en el Internet
al www.USCIS.gov o llamando al 1-800-375-5283. Con esta carta le incluimos 2 copias de la
solicitud AR-11. Si se cambia de domicilio por favor llene y envié por correo certificado al
departamento de inmigración esta solicitud. Guarde una copia de lo que envié a inmigración y
todos los recibos del correo.
SERVICIO SELECTIVO:
Por favor tome nota que las leyes federales requieren que todos los hombres ciudadanos
estadounidenses, hombres que sean residentes permanentes de Estados Unidos y hombres
indocumentados, incluyendo hombres que reciben la Visa U, entre las edades de 18 a 25 años de
edad estén inscritos con el Servicio Selectivo. Si un hombre no se inscribe tal y como lo requiere
la ley, no podrá obtener ciertos beneficios incluyendo la ciudadanía estadounidense. Para más
información sobre como registrarse llame al 1-888-655-1825 o vaya a la página de internet al
www.sss.gov.
Si usted desea una copia completa de su expediente, por favor comuníquese al (213) 385-2977
para solicitarla. Mantendremos su expediente en almacenamiento por siete (7) años de la fecha
de esta carta. Después de este tiempo, su expediente y todos los contenidos serán destruidos.
A partir de la fecha de esta carta, hemos completado todos los servicios con los que acordamos
ayudarle y estamos cerrando su caso de inmigración con Public Counsel. Si en el futuro usted
quiere solicitar su residencia permanente, llámenos al (213) 385-2977. De nuevo le recuerdo que
no podemos garantizar que vamos a ayudarle con su solicitud para residencia permanente en el
futuro, pero por lo menos podremos proveerle información o referencias.
Si tiene alguna pregunta sobre esta carta, favor de comunicarse conmigo al (213) 385-2977. Le
deseamos lo mejor para el futuro.
Atentamente,
Gina Amato
Abogada

Final U Visa Training Manual - IRP Public Counsel v.30

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3rd EDITION

U VISA TRAINING MANUAL

Gina Amato Lough

U VISA TRAINING MANUAL

Gina Amato Lough

Editing and Manual Design by César Nije and Anthony Perez

Legal Orientations - We provide group and individual legal orientations

Volunteer Attorneys & Law School Students - We provide continuing

Pro Bono Program - We intake and match cases with hundreds of

- TAKE ACTION & SUPPORT OUR WORK -

Visit www.PublicCounsel.org to learn more.

1. Be a victim of qualifying criminal activity in the U.S.;

QUALIFYING U VISA CRIMES

◊ Abusive Sexual ◊ Kidnapping ◊ Sexual

◊ Felonious ◊ Blackmail ◊ Manslaughter ◊ Slave Trade

◊ Extortion ◊ Murder ◊ Stalking

◊ Involuntary ◊ False ◊ Obstruction ◊ Torture

◊ Female Genital ◊ Perjury ◊ Trafficking

◊ Peonage ◊ Fraud in Foreign ◊ Prostitution ◊ Witness

◊ Hostage ◊ Rape ◊ Unlawful

• incompetent, incapacitated or under 18 (at the time of the crime).2

Lastly, one can apply for a U visa as a “bystander” or “witness” if he suffered

Principal U visa applicants may include family members as derivative applicants

Another important benefit of the U visa is that it provides generous inadmissibility

Travel Outside of the U.S.

Length of Time to Become an LPR or USC

Individuals with Criminal Histories and Prior

11 8 CFR §245.24(b)(3); INA §245(m)(l)(A).

Preparing the U Visa

Conduct an Intake Interview

Assess Your Client’s Criminal and Immigration

• U.S. Citizenship and Immigration Services (USCIS), if your client has

• Immigration and Customs Enforcement (ICE), if your client has been

Request the U Visa Certification from Law

• The client’s birth certificate and certified English translation;

16 INA §101(a)(15)(U)(i)(III); 8 CFR §214.14(a)(2)

Prepare Your Client’s Declaration

17 See INA §212(a)(7)(B)(i)

Assess Your Client’s Grounds of Inadmissibility &

Gather Supporting Documents

18 See INA §212(d)(14)

Examples of supporting documents include:

• Letters of support from family and friends;

Assemble and File Your Client’s U Visa Application

If your application includes a derivative family member, create a separate table of

inadmissibility. See INA §212(a)(7)(B)(i).

What to Expect After You

• I-797, Notice of Receipt for I-765 Application for Employment Authorization

Eligibility for Public Benefits

I-797, Notice of Action (“Request for Evidence” or

If USCIS determines that it needs additional documentation regarding your client’s

U Visa Waitlist Notice

Bringing Applicants Living

Step 1 – Obtain a Valid Passport

Step 2 – Pay the Fee

Step 3 - Submit Form DS-160 Online

Tips for Completing the DS-160:

Step 4 – Schedule a Visa Interview

You will need the following information to schedule the appointment:

• Your client’s passport number

• The receipt number of the payment

Step 5 – Compile a Packet for Your Client

• Form DS-160 confirmation page

• Receipt for payment

BACKGROUND INFORMATION Date: ___/_/___

1. Name _ Aliases _

2. Date of birth Place of Birth___

4. Telephone Numbers: Home ___ Work: