Joseph Caraccio

FAQ: Special Immigrant Juvenile Status Adjustment

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Frequently Asked Questions

If I file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, as a special immigrant juvenile (SIJ), will USCIS make a deferred action assessment at the same time as the Form I-360 assessment? For most pending and future SIJ cases, USCIS will automatically make a deferred action determination immediately after we approve Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. This is similar to the process to consider deferred action for self-petitioners under the Violence Against Women Act. After we adjudicate Form I-360 and deferred action, we will issue a Form I-797, Notice of Action, that includes information about the decision on the Form I-360 and a determination on deferred action. In certain cases, the deferred action determination may take place after we approve the Form I-360 because USCIS needs additional information to make a decision. In these cases, you will receive notification of the deferred action determination separately from the Form I-360 approval. If you have an approved SIJ Form I-360, but you become newly eligible for consideration of deferred action due to a visa retrogression, we will consider deferred action for your case. You do not need to make a separate request for deferred action, and if you do, we will not accept it. After we decide whether to grant deferred action, we will issue an amended Form I-797, Notice of Action, that includes information about the original grant of SIJ classification and our determination on deferred action. What is the timeline for granting deferred action? USCIS began making deferred action determinations on May 6, 2022, 60 days after publishing the Policy Manual update announcing the SIJ deferred action policy. Processing times may vary depending on the circumstances of the case. If you grant deferred action, and I file Form I-765, Application for Employment Authorization, how long will you take to adjudicate my Form I-765? USCIS will try to adjudicate all benefit requests in a timely manner. We adjudicate Forms I-765 submitted after a grant of SIJ deferred action in the order we receive them. For more information on processing times for Form I-765, please see egov.uscis.gov/processing-times/i765. If you already granted me SIJ, can I be considered for deferred action? Yes. If you have an approved SIJ-based Form I-360, and you cannot apply to adjust your status (get a Green Card) because you do not have a current visa number, we will consider you for deferred action if we have not already. You do not need to take any action or ask us to start this process. I am an SIJ-classified noncitizen with a pending Form I-485, Application to Register Permanent Residence or Adjust Status, and I no longer have a current visa number due to a visa retrogression. Will you consider me for deferred action? Yes. If you applied for adjustment of status when a visa number was available or when we were accepting Form I-485 based on the “Dates for Filing” chart of the Visa Bulletin, we will consider you for deferred action if the Visa Bulletin subsequently retrogressed and your Form I-485 is still pending. I received a Form I-360 approval with no corresponding deferred action decision, and there is no apparent reason for delay. Can you explain why this might happen and what I can do to receive deferred action? As of May 6, 2022, we are considering deferred action when we adjudicate Form I-360 for all pending and future SIJ-based Form I-360 petitioners who do not have a current visa number available. Generally, we will issue a deferred action determination together with our decision on Form I-360. However, if we need additional information, which may include requesting biometrics, to make the deferred action determination, we may issue a decision on Form I-360 first. If my Form I-360 was approved or pending before the new deferred action process, how do I apply for deferred action? We will automatically make initial deferred action determinations for approved SIJs who cannot apply for adjustment of status solely because an immigrant visa number is not immediately available. You do not need to submit a separate request for deferred action; if you do, we will not accept it. We will consider deferred action on a case-by-case basis to determine whether you warrant a favorable decision. Do I need to submit biometric information to receive an SIJ deferred action determination? We generally do not require a separate biometrics submission to grant SIJ deferred action. However, we complete background and security checks when we adjudicate an SIJ petition and, depending on the facts and circumstances of your case, we may ask you to submit biometrics or to appear for an interview before we grant deferred action. See 8 CFR 103.2(b)(9). Are there factors you consider for deferred action that are not already part of the Form I-360 adjudication? Deferred action is a temporary, favorable exercise of discretion that gives some cases lower priority for immigration enforcement action. We examine the totality of the circumstances in an individual case and weigh positive and negative factors to determine whether to grant deferred action. If you have been approved for SIJ classification, that is a strong positive factor toward granting deferred action. If background and security checks indicate you may be inadmissible under INA 212(a) on a ground that cannot be waived and that would make you ineligible for SIJ-based adjustment of status, that would generally be a strong negative factor against granting deferred action. We may decide, on a case-by-case basis, that other adverse factors weigh against granting deferred action, such as serious unresolved criminal charges that may result in an unwaivable inadmissibility ground that would render you ineligible for SIJ-based adjustment of status. We may also grant deferred action despite these concerns if case-specific circumstances warrant it. What evidence will you rely on when considering deferred action? We will weigh positive and negative factors on a case-by-case basis to determine whether to grant deferred action. An approved SIJ petition is a particularly strong positive discretionary factor. We will not issue a … Read more

Crime Victim Visa (U Visa)

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A CRIME VICTIM CAN POTENTIALLY GET A VISA, AND EVENTUALLY LEGAL PERMANENT RESIDENCY, BASED ON THEIR COOPERATION WITH THE POLICE OR DISTRICT ATTORNEY’S OFFICE. To make sure that immigration laws do not discourage immigrants in the U.S. without lawful immigration status from cooperating with law enforcement or reporting crime, Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act (including the Battered Immigrant Women’s Protection Act) in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes, while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes. The U visa is a nonimmigrant visa category in the United States that is available to victims of certain qualifying crimes who have suffered mental or physical abuse and are helpful or willing to assist law enforcement and government officials in the investigation or prosecution of those crimes.   WHAT ARE THE REQUIREMENTS FOR A “U VISA” OR BEING GRANTED U NONIMMIGRANT STATUS? To be eligible for a U visa, an individual must meet several criteria, including: WHAT ARE QUALIFYING CRIMES FOR A U VISA? It’s important to note that the U visa is granted on a case-by-case basis, and the determination of eligibility is made by U.S. Citizenship and Immigration Services (USCIS) after a thorough review of the applicant’s circumstances. Additionally, the list of qualifying crimes is not exhaustive, and USCIS may consider other criminal activities on a case-specific basis. If you believe you may qualify for a U visa, it is recommended to consult with an immigration attorney for guidance tailored to your specific situation. If you were the victim of any crime, even if it is not listed, you should consult an immigration attorney to see if it may be a qualifying crime.  Some terms are difficult to define and some crimes may be named differently in different jurisdictions.  More information on U Visas and qualifying crimes here. 

FAMILY REUNIFICATION PAROLE EMAIL INVITATIONS BEGIN GOING OUT TODAY

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The family reunification parole (FRP) processes are available by invitation only to certain petitioners who filed an approved Form I-130, Petition for Alien Relative, on behalf of a principal beneficiary who is a national of Colombia, El Salvador, Guatemala, or Honduras, and their immediate family members. These processes allow an eligible beneficiary to be considered for parole into the United States only on a case-by-case basis while they wait for their family-based immigrant visa to become available. Emails start going out JULY 31, 2023. They won’t all go out at once and not everyone will get one. For more info you can visit www.uscis.gov/FRP NOTE: You must receive an invitation to submit Form I-134A on behalf of a family member under the FRP processes for Colombia, El Salvador, Guatemala, and Honduras. If you submit Form I-134A without receiving an invitation, we will not confirm your Form I-134A. Invitations to participate in these processes are sent by email or mail to certain petitioners whose Form I-130 is already approved. Petitioners who receive invitations can file Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for principal and derivative beneficiaries of the Form I-130. A separate Form I-134A must be submitted for each beneficiary. If USCIS confirms the sufficiency of a petitioner’s Form I-134A, DHS will complete security vetting on each beneficiary and will consider each beneficiary for advance travel authorization on a case-by-case basis. If advance travel authorization is issued to the beneficiary, they will be able to come to an internal U.S. port of entry to seek a discretionary grant of parole. If granted parole, they may wait in the United States for their immigrant visa to become available and then apply to adjust status to that of a lawful permanent resident, if they are eligible. Individuals who are paroled into the United States under these processes may request employment authorization upon arrival in the United States. Family Reunification Parole FAQ’s

DYING IN IMMIGRATION DETENTION

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On April 6, Immigration and Customs Enforcement (ICE) announced the death of 61 year-old Salvador Vargas at the Stewart Detention Center in Lumpkin, GA which occurred on April 4. Deaths in ICE custody are far too common, and particularly devastating in detention centers with a history of medical neglect [and falsifying documents to cover up murder] Though this is the first reported death in ICE custody in 2023, this reporting can be misleading. ICE has repeatedly released critically-ill individuals from detention (most often to a hospital) to distance themselves from responsibility for an immigrant’s eventual death. There is an L.A. Times article detailing the practice of releasing people from custody so they can die somewhere that isn’t their property. Deaths in ICE detention hit a 15-year high in fiscal year 2020, coinciding with the outbreak of COVID-19 and its devastating impact on people held in jails, prisons, and detention centers. While the pandemic contributed to some of the increase in deaths, overall conditions in detention when the Trump administration was detaining a record 50,000+ people, contributed to the high death toll.   It is not just adults dying in immigration custody. In recent months, at least seven children have either died in custody or after being detained by federal immigration agencies at the border.  American Civil Liberties Union https://www.aclu.org/news/immigrants-rights/immigrant-kids-keep-dying-cbp-detention The U.S. government has acknowledged these atrocities and they appear in a report released Thursday by the House Oversight and Reform Committee [which appears to have been removed from the government’s website]. It is mentioned briefly in this report by the oversight committee. There is even a video of guards allowing a mentally ill man in immigration custody die from self-inflicted wounds, which I linked to below. This video was taken at the Stewart Detention Center. The Stewart Detention Center, owned and operated by private prison company CoreCivic, is one of the largest immigration jails in the country — and the deadliest. Since 2017, eight people detained at Stewart have died: four from complications with Covid-19 and two by suicide, including Romero. Two others died of pneumonia and a heart attack. In December, medical examiners concluded that 7-year-old Jakelin Caal Maquin, who also died in CBP custody, succumbed to “a rapidly progressive infection” that shut down her vital organs. CBP sent Jakelin on a 90-mile bus ride to another location after she was taken into custody, even though her father had told officials she was vomiting and feeling ill before they left. CBP officials said last year that Jakelin waited an hour and a half to receive emergency medical care after showing symptoms. Deaths of several other migrant children were reported in just eight months following her death. CBP holding facilities are “basically concrete floors with mats and barbed wire fencing and bright lights 24/7,” Linton said. “That can be a very disorienting environment to children.” This is deeply disturbing as is the lack of news coverage and the lack of outrage. The number of deaths in ICE custody increased dramatically during the 2020 fiscal year, which ends September 30. Eight of the 21 deaths in ICE custody were linked to Covid-19. Note: Annual totals are for fiscal years, which run from October 1-September 30. Source: US Immigration and Customs Enforcement Congress mandates that DHS post a list of the names and dates of death of individuals that died while being detained by ICE for immigration infractions, though this list does not include many people who died in custody for various reasons. You can see the official list here. So far in 2023 DHS acknowledges just a few of the several confirmed deaths that took place in their custody. 2023 Date of Death Name October 13, 2022 Mendoza, Melvin Ariel Calero March 5, 2023 Dumitrascu, Cristian April 4, 2023 Rosales-Vargas, Salvador June 23, 2023 Rocha-Cuadra, Ernesto 2022 Date of Death Name October 1, 2021 Sanchez-Gotopo, Pablo July 8, 2022 Gonzalez-Soto, Benjamin August 24, 2022 Vial, Kesley 2021 Date of Death Name December 17, 2020 Jones, Anthony January 30, 2021 Montes, Felipe February 5, 2021 Dean, Jesse March 15, 2021 Gallego-Agudelo, Diego Fernando August 3, 2021 Centeno-Briones, Elba Maria 2020 Date of Death Name October 1, 2019 Abienwi, Nebane October 15, 2019 Hernandez-Diaz, Roylan December 21, 2019 Akinyemi, Anthony Oluseye December 29, 2019 Mavinga, Samuelino January 25, 2020 Owen, Ben James January 27, 2020 Hernandez-Fundora, Alberto February 20, 2020 Hernandez-Colula, David March 8, 2020 Ochoa-Yoc De Ramirez, Maria Celeste March 18, 2020 Carcamo-Navarro, Orlan Ariel March 21, 2020 Hernandez-Ibarra, Ramiro May 6, 2020 Escobar-Mejia, Carlos Ernesto May 17, 2020 Ahn, Choung Woong May 24, 2020 Baten-Oxlaj, Santiago July 12, 2020 Perez-Montufa, Onoval July 15, 2020 Sanchez-Perez, Luis (aka Hernandez-Cabrera, Mauricio) August 5, 2020 Hill, James Tomas August 5, 2020 Lee, Kuan Hui August 10, 2020 Guillen Vega, Jose Freddy August 28, 2020 Sabonger-Garcia, Fernando September 21, 2020 Chavez Alvarez, Cipriano September 26, 2020 Jally, Romien

Religious Worker (R) Visa

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Visa

Legal Authorities For A Religious Worker Eligibility Requirements For a Religious Worker Religious Worker Adjustment of Status Eligibility Requirements The applicant has been inspected and admitted or inspected and paroled into the United States. The applicant is physically present in the United States at the time of filing and adjudication of an adjustment application. The applicant is eligible to receive an immigrant visa because the applicant is the beneficiary of an approved Form I-360 classifying him or her as a special immigrant religious worker.[8] The applicant had an immigrant visa immediately available when he or she filed the adjustment of status application[9] and at the time of final adjudication.[10] The applicant is not subject to any applicable bars to adjustment of status.[11] The applicant is admissible to the United States or eligible for a waiver of inadmissibility or other form of relief.[12] The applicant merits the favorable exercise of discretion. Documentation and Evidence An applicant should submit the following documentation to adjust status as a religious worker: In addition, a spouse or child who is filing as a derivative applicant should submit the following: Additional Information Bars to Adjustment Unless exempt, religious workers and their derivatives are ineligible for adjustment of status if any of the bars to adjustment of status apply. Religious workers and their derivatives may be exempt under INA 245(k) from some of the bars to adjustment. To qualify for an exemption, the applicant must not have accrued more than 180 days of certain immigration violations since his or her last lawful admission. If the applicant does not qualify for the exemption, then the applicant remains subject to the adjustment bars. Sunset Date Except for ministers, all other religious workers and their derivatives must adjust to LPR status on or before the designated sunset date.[from USCIS] USCIS denies any adjustment applications based on special immigrant religious worker petitions (other than for ministers) that are pending or filed after the designated sunset date. Treatment of Family Members The spouse or child (unmarried and under 21 years of age) of a religious worker may accompany or follow-to-join the principal applicant if the spouse or child is otherwise eligible.[USCIS Policy Manual] The spouse and child may, as derivative applicants, apply to adjust status under the same immigrant category and priority date as the principal applicant.