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ASYLUM, WITHHOLDING OF REMOVAL, & CONVENTION AGAINST TORTURE
Last Updated: December 26, 2024The requirements for asylum, withholding of removal, and protection under Article III of the UN Convention Against Torture (“CAT”) compared. Withholding Under the INA & Withholding Under CAT There is actually withholding of removal under INA §241(b)(3) and withholding of removal under CAT. Withholding under INA §241(b)(3) gives the applicant the burden of proving that his/her life or freedom would be threatened in the proposed country of removal on account of race, religion, nationality, membership in a particular social group, or political opinion. Withholding of removal under CAT does not require there to be a nexus between the harm and a protected ground (race, religion, nationality, political opinion, or membership in a particular social group). Most people say “withholding of removal” when referring to withholding of removal under INA 241(b)(3) and then combine withholding of removal under CAT and deferral of removal under CAT referring to both of them as “protections under CAT.” That is exactly what I’ve done here, so Primary Distinctions Between Asylum, Withholding, & CAT Withholding of removal is a higher standard than asylum despite granting fewer benefits, but it is not subject to the one-year filing deadline. A noncitizen who fails to establish reasonable possibility of persecution for asylum (a 10% chance can be sufficient) will not be able to establish eligibility for withholding since it is a higher burden of more likely than not (greater than 50% chance). CAT does not require that the persecution be based on a protected ground and requires the same likelihood of harm as withholding of removal, which is more likely than not ( or > 50% chance). However, for CAT the harm must meet the definition of torture. – ASYLUM WITHHOLDING CAT PROTECTION ONE-YEAR FILING DEADLINE Yes1 No No TYPE OF HARM Persecution2 Threat to life or freedom Torture3 LIKELIHOOD OF HARM Reasonable Possibility (A 10% chance can be sufficient) More likely than not (greater than 50% chance of occurrence) More likely than not > 50% chance NEXUS REQUIREMENT Yes–Persecution must be a central reason for the harm. Yes–Harm must be based on the protected ground. No nexus requirement. WHO IS INFLICTINGTHE HARM The Government or a non-government actor the government is unable or unwilling to control. The Government or a non-government actor the government is unable or unwilling to control. The Government or any person acting at the instigation of or with the consent or acquiescence of a public official Discretionary Yes (the Judge can deny as a matter of discretion even if you met the requirements of the statute). No. No. Reinstated removal order Bar to Asylum4 No bar. No bar. Criminal Bars Aggravated felony5, Particularly Serious Crime6,Serious nonpolitical crime bar7. Particularly Serious Crime, Serious nonpolitical crime bar No. This chart lacks details and exceptions that may exist under the law. There are other criminal bars and security bars to all of these forms of relief that are not listed here. Please check the statutes and regulations. Asylum, Withholding of Removal, Convention Against Torture. Footnotes: CHARTS:
Service requests
Last Updated: December 26, 2024A Service Request (or Case Assistance Request) is essentially a formal inquiry made by an applicant or an applicant’s attorney asking for information about the status of a case pending before the US Citizenship & Immigration Services, or requesting something from the USCIS. USCIS now refers to these as “Case Assistance Requests” on their website. Usually you would be submitting a Service Request because (1)the case is outside the normal processing time that are posted at https://egov.uscis.gov/processing-times/ and you want case status information; (2) you need to request accommodations; (3) you noticed a typographical error you need to get corrected; or (4) you need to reschedule an appointment/interview.. WHAT INFORMATION CAN YOU GET? When you make a Service Request you will explain what the problem is you are attempting to remedy or ask for information about your case is outside normal processing times. Typically a Service Request is a tool reserved for the following situations: 1. Missing Notice or Correspondence From USCIS You have not received a notice, or other correspondence that you should have received already. For instance, if you check the status of your case at uscis.gov and it says that USCIS mailed a notice to the address provided and that you should contact USCIS if you don’t receive that notice within ten days. 2. Inquire About Case Outside Processing Times If you have not received any update on the status of the application or petition that you filed, the USCIS Online Case Status System does not show any update, and you checked the current processing times for form that you filed at https://egov.uscis.gov/processing-times/ and you see that your case is outside of the normal processing times. Example: You filed an I-485 application for adjustment of status and received a receipt notice nine months ago but nothing since then. You check the case status online at uscis.gov using the receipt number but that only states that USCIS received your application nine months ago. You check the current processing times on the uscis processing times page and there it says that 80% of Form I-485 Applications are adjudicated within six months. Your case is outside processing times and you have were diligent in attempting to get a status update through all other available channels before submitting a Service Request. 3. Request Accommodations If your hearing is impaired and you will require a sign-language interpreter for your USCIS interview then you should request those accommodations as soon as possible. 4. Correct a Typographical Error If you received your EAD or LPR Card or other document from USCIS and you see there is a typographical error. If you contact USCIS after receiving your receipt notice to inform them of the typographical error then they may be able to make that correction in time to avoid your card being printed with the error. More on having USCIS fix an error. 5. To Request Expedited Processing If you need to request expedited processing because of a time-sensitive emergency. For example, if one of your parents is in the hospital with a serious medical condition and you are requesting a travel document like advance parole to go visit them. WHO CAN MAKE A SERVICE REQUEST? Only the applicant or their attorney who has submitted a Form G-28 that has been accepted and processed by USCIS can make a Service Request. You will need to provide personal information to confirm your identity to submit the request. HOW TO MAKE A SERVICE REQUEST? A Service Request can be made online, by phone, or in-person, although since COVID-19 it has become exceedingly difficult to get in-person appointments at USCIS so they are quite rare now. Only the applicant or their attorney who has submitted a Form G-28 that has been accepted and processed by USCIS can make a Service Request. ONLINE: PHONE: BY MAIL: https://www.uscis.gov 1-800-375-5283 ⬅️ The mailing address will depend on the specific form you are inquiring about and where you live. You should address your letter to the USCIS Field Office with Jurisdiction over your case. WHEN CONTACTING USCIS You should make sure you have the following whenever you are contacting USCIS: WHEN SHOULD I CONTACT USCIS? 1. When you need to reschedule a biometrics appointment or interview date;2. In emergencies, such as emergency advance parole for travel or proof of permanent residence;3. To request an expedite of your case if any of the USCIS expedite criteria apply; and/or4. For inquiries related to cases outside normal processing time. You should not make a Service Request or otherwise contact USCIS for assistance when you are looking for information that is readily available on the USCIS website (what form do I need to file for employment authorization or what address should the form be submitted to) or things USCIS cannot assist you with. Send a Secure Message If you filed a form online through myUSCIS, you have access to all of the account features (such as a secure inbox and the ability to view notices, respond to RFEs, check case status, etc.) and can send a secure message from within your USCIS online account. If you did not file your case online but have a receipt number that begins with “IOE,” you have access to all account features AFTER you (1) create your online account AND (2) link your paper filing to your myUSCIS account using aunique Online Access Code (OAC) that USCIS provides via mail. You can then send secure messages to USCIS. Submit a Complaint About a USCIS Worker Use the report employee misconduct link. Do not submit a Service Request. WHAT IS THE NORMAL PROCESSING TIME? What’s an INquiry Date? The normal processing time is the amount of time that USCIS claims that it usually takes for the specific form to be adjudicated by them. To manage their limited resources by allowing staff to focus on adjudicating cases rather than responding to inquiries–USCIS only allows inquiries for cases that are taking longer than the time USCIS took to complete 93% of adjudications....
UNLAWFUL PRESENCE BARS
Last Updated: December 24, 2024What Are the Three- and Ten-Year Bars? The three- and ten-year bars were created as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996. Incorporated into section 212(a)(9)(B) of the Immigration and Nationality Act (INA), the statute imposes re-entry bars on immigrants who accrue “unlawful presence” in the United States, leave the country, and want to re-enter lawfully. “Unlawful presence” is a term of art that is not defined in the statute or regulations. However, the U.S. Citizen and Immigration Services (USCIS) Adjudicator’s Field Manual includes guidance on determining when a noncitizen accrues unlawful presence. Generally, an immigrant who enters the United States without inspection, or who overstays a period of authorized admission, will be deemed to have accrued unlawful presence. Individuals who accrue more than 180 days, but less than one year, of unlawful presence are barred from being re-admitted or re-entering the United States for three years; those who accrue more than one year of unlawful presence are barred for ten years. WAIVER OF THREE AND TEN YEAR BARS A waiver of the three- or ten-year bar is available, if the visa applicant is the spouse or child of a U.S. citizen or the spouse or child of an LPR and only if the visa applicant can prove that the bar would result in “extreme hardship” to the applicant’s citizen or permanent resident spouse or parent. Hardship to the immigrant is not a factor, and hardship to the immigrant’s children is not a factor (even if the children are U.S. citizens). PROVISIONAL I-601A WAIVER The Form I-601A Waiver allows an applicant to obtain a waiver of unlawful presence while still in the US, only requiring that they travel abroad after the waiver is approved and they know they will be able to return. To apply for a provisional waiver of unlawful presence the applicant must have a qualifying relative (US citizen or resident parent or spouse) and must demonstrate that their qualifying relative will experience “extreme hardship” if the applicant is not granted a visa and permitted to remain in the US. What Is “Extreme Hardship?” Unfortunately, “extreme hardship” is not defined in the immigration statute or regulations, and over the years, the government has failed to apply the standard consistently. New guidance, released in October 2016 and effective December 5, 2016, clarifies the steps that must be taken to adjudicate an extreme hardship waiver and provides a list of factors that USCIS may consider when making a determination. The guidance further clarifies that to be considered “extreme,” the hardship must exceed that which is usual or expected and must go beyond what is typically associated with deportation. USCIS and the waiver applicant must consider two different scenarios: The guidance includes a lengthy list of social, cultural, economic, health, and other conditions that may be considered relevant, and USCIS is directed to examine the totality of the evidence to make a hardship determination.
ALIEN SMUGGLING INADMISSIBILITY
Last Updated: December 24, 2024INA §212(d)(11) Waiver Factors Once a person has met these requirements, she then must convince the adjudicator to grant the waiver because of one or more of the following grounds: NO WAIVER EXISTS FOR SOMEONE WHO • assisted someone other than, or in addition to, her own son/daughter, parent, or spouse; • seeks to immigrate through the fourth preference category (siblings of U.S. citizens); • seeks to immigrate through a work visa; • must establish good moral character; or • applies for some other form of relief (although certain forms of relief have general waivers that may apply, see Section II(A)(2). WAIVER EXISTS FOR A limited waiver exists for the alien smuggling ground of inadmissibility. There are two basic requirements for this discretionary waiver: Additional Requirement The person must have smuggled only her spouse, parent, son, or daughter (and no other individual). These are the basic eligibility criteria for the inadmissibility waiver.
Waiver of Immigrant Vaccination Requirement
Last Updated: December 24, 2024Waiver of Immigrant Vaccination Requirement A. General An applicant seeking an immigrant visa at a U.S. consulate or an applicant seeking adjustment of status in the United States who is found inadmissible for not being vaccinated may be eligible for the following waivers: Each of these waivers has its own requirements. Unlike some other waivers, no qualifying relative is required for the applicant to be eligible for a waiver of the immigrant vaccination requirement. The first two waivers are often referred to as “blanket waivers.” USCIS grants blanket waivers if a health professional indicates that an applicant has received the required vaccinations or is unable to receive them for medical reasons. If USCIS grants blanket waivers, the applicant does not have to file a form or pay a fee. The waiver on account of religious or moral objection must be filed on the appropriate form and accompanied by the correct fee. B. Use of Panel Physician’s or Civil Surgeon’s Report The determination whether an applicant is inadmissible for lack of having complied with the vaccination requirement is made by reviewing the panel physician’s or civil surgeon’s vaccination assessment in the medical examination report. C. Blanket Waiver for Missing Vaccination Documentation Applicants who received the vaccinations for which documents were missing when they initially applied for adjustment of status or for an immigrant visa may be given a blanket waiver. A streamlined procedure applies for this waiver; no form is needed. If a required vaccine is lacking, the officer should issue a Request for Evidence (RFE). The RFE should instruct the applicant to return to the civil surgeon for corrective action that demonstrates the applicant has received the required vaccine(s). If the RFE response demonstrates that the missing vaccine(s) was received, the officer will deem the waiver granted. No annotation is needed on either the medical exam form, or any related form or worksheet. D. Blanket Waiver if Vaccine is Not Medically Appropriate 1. Situations Specified in the Law If the civil surgeon or the panel physician certifies that a vaccine is not medically appropriate for one or more of the following reasons, the officer may grant a blanket waiver (without requesting a form and fee): Once the civil surgeon or panel physician annotates that the vaccine(s) is not medically appropriate, no further annotation is needed and the officer may proceed with granting the waiver. The civil surgeon’s or panel physician’s annotation on the vaccination assessment sufficiently documents that the requirements for the waiver have been met; the officer does not need to make any further annotation on the vaccination report. 2. Nationwide Vaccination Shortage USCIS may grant a blanket waiver in the case of a vaccination shortage only if CDC recommends that USCIS should do so, and USCIS has published the appropriate guidance on its website. CDC only makes such a recommendation to USCIS after verifying that there is indeed a nationwide vaccination shortage and issuing the appropriate statement on its website for civil surgeons. In turn, USCIS issues the appropriate statement on its website. Additionally, civil surgeons should annotate “not routinely available” on the Report of Immigration Medical Examination and Vaccination Record (Form I-693) if the COVID-19 vaccine is not routinely available in the state where the civil surgeon practices. In addition, if the vaccine is available to the applicant but due to limited supply, it would cause significant delay for the applicant to receive the vaccination, then the civil surgeon should also annotate “not routinely available” on Form I-693. USCIS may grant a blanket waiver in these cases. The term “nationwide vaccine shortage” does not apply to the medical examination conducted by a panel physician overseas. If a vaccine is not available in the applicant’s country, the panel physician annotates the vaccination assessment with the term “not routinely available.” If an officer encounters this annotation, the officer may grant a blanket waiver based on this annotation alone. E. Waiver due to Religious Belief or Moral Conviction 1. General USCIS may grant this waiver when the applicant establishes that compliance with the vaccination requirements would be contrary to his or her religious beliefs or moral convictions. Unlike other waivers of medical grounds of inadmissibility, there is no requirement that CDC review this waiver. If, upon review of the medical documentation, the officer finds that the applicant is missing a vaccine and a blanket waiver is not available, the officer should ask the applicant why the vaccine is missing. The officer may request clarification during an interview or by sending an RFE. If the applicant indicates that he or she does not oppose vaccinations based on religious beliefs or moral convictions, the applicant may be inadmissible if he or she refuses to obtain the missing vaccine(s). The officer should issue an RFE if the applicant is willing to obtain the vaccine. If the applicant indicates that he or she opposes vaccinations, the officer should inform the applicant of the possibility of the waiver. The officer should explain the basic waiver requirements for a religious belief or moral conviction waiver, as outlined below. The officer should, at that time, issue an RFE[13] for the waiver application. Upon receipt of the waiver documentation, the officer should proceed with the adjudication of the waiver. 2. Requirements With the adjudication of this waiver, USCIS has always taken particular caution to avoid any perceived infringement on personal beliefs and First Amendment rights to free speech and religion. To best protect the public health, USCIS, in consultation with CDC, has established the following three requirements that an applicant (or, if the applicant is a child, the applicant’s parents) has to demonstrate through documentary evidence: The applicant must be opposed to all vaccinations in any form. The applicant has to demonstrate that he or she opposes vaccinations in all forms; the applicant cannot “pick and choose” between the vaccinations. The fact that the applicant has received certain vaccinations but not others is not automatic grounds for the denial of a waiver. Instead, the officer should consider the reasons provided for having received those vaccines. For example, the applicant’s religious beliefs or moral convictions may have changed substantially since the date the particular vaccinations were administered, or the applicant is a child who may have already received certain vaccinations under the routine practices of an orphanage. These examples do not limit the officer’s authority to consider all credible circumstances and accompanying evidence. The objection must be based on religious beliefs or moral convictions. This second...
WAIVER OF DRUG ABUSE & ADDICTION
Last Updated: December 24, 2024Waiver of Drug Abuse and Addiction A. Adjustment of Status and Immigrant Visa Applicants In general, no waiver is available for adjustment of status and immigrant visa applicants who are found inadmissible because of drug abuse or drug addiction.[1] B. Remission Although a waiver is unavailable for health-related inadmissibility due to drug abuse or addiction, an applicant may still overcome this inadmissibility if his or her drug abuse or addiction is found to be in remission. After being found inadmissible due to drug abuse or drug addiction, an applicant may undergo a re-examination at a later date at his or her own cost. If, upon re-examination, the civil surgeon or panel physician certifies, per the applicable HHS regulations and CDC’s Technical Instructions, that the applicant is in remission, the applicant is no longer inadmissible as a drug abuser or addict. Footnote [^ 1] There are specific statutory provisions that permit USCIS to waive this ground, such as those applying to asylees and refugees seeking adjustment, and Legalization and SAW applicants. These waivers are specific to those classes of immigrants and are outside the scope of this chapter, which focuses only on waivers available under INA 212(g). See Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility [8 USCIS-PM B] for more information on inadmissibility on account of drug abuse or drug addiction.
WAIVER OF MEDICAL OR MENTAL DISORDER
Last Updated: December 24, 2024Waiver of Physical or Mental Disorder Policy Manual Volume 9 – Waivers and Other Forms of Relief Part D – Health-Related Grounds of Inadmissibility Chapter 4 – Waiver of Physical or Mental Disorder Accompanied by Harmful Behavior 1. Qualifying Relationship Unlike waivers for communicable diseases of public health significance, waivers for physical or mental disorders with associated harmful behaviors do not require a qualifying relationship. 2. Documentation for CDC’s Review As noted above, USCIS can only grant this waiver after it has consulted with CDC. However, CDC’s review of the necessary documents does not constitute a waiver approval. CDC may recommend that USCIS should make the waiver subject to appropriate terms, conditions, or controls. To obtain CDC’s review of a waiver application, the officer should forward the following documents to CDC: 3. Sending Documents to CDC Officers should email the documents to cdcqap@cdc.gov. To request expedited review, officers should indicate in the subject line of the email to CDC that the request is “Urgent.” 4. CDC Response Once the documents are received by CDC, the documents are reviewed by CDC’s consultant psychiatrist and CDC will forward a response letter with its recommendation to the requesting USCIS office. CDC’s usual processing time for review and response to the requesting USCIS office is approximately 4 weeks. If CDC’s response appears delayed, the officer may contact CDC at cdcqap@cdc.gov to obtain a status update. Upon receipt, the officer should review CDC’s response to determine next steps. If CDC agrees in its response that the applicant has a Class A condition, CDC will send to the USCIS requesting office CDC 4.422-1 forms, Statements in Support of Application for Waiver of Inadmissibility Under Section 212(a)(1)(A)(iii)(I) or 212(a)(1)(A)(iii)(II) of the Immigration and Nationality Act. The officer must provide the CDC 4.422-1 forms[6] to the applicant (or the applicant’s sponsor) for completion. Once the CDC forms are completed and returned to USCIS, the officer must return the completed forms to CDC for review and endorsement. Once CDC receives the completed forms, it reviews them to determine whether the applicant has identified an appropriate U.S. health care provider and that the health care provider has completed the forms. If the appropriate U.S. health care provider has been identified, CDC will endorse the forms and return them to the requesting USCIS office. If CDC’s response indicates that the applicant is “Class B” or “no Class A or B,” it is CDC’s recommendation that the applicant does not require a waiver for the medical condition. If CDC’s response indicates that additional information is needed in order to complete the review, the officer should issue a Request for Evidence (RFE) for the applicant to provide additional information as specified by CDC. The officer should submit the information obtained through the RFE to CDC. CDC will provide a response to USCIS regarding the additional information. Once CDC indicates that no additional information is needed, the officer may proceed with the adjudication of the waiver. 5. Discretion As is generally the case for waivers, a waiver for mental or physical conditions with associated harmful behavior requires an officer to consider whether the grant of the waiver is warranted as a matter of discretion.[7] CDC’s review and endorsement of the identified U.S. health care provider should ordinarily be sufficient to warrant a favorable exercise of discretion for the grant of the waiver. However, if an applicant declares openly his or her unwillingness to commit to treatment, the waiver may be denied as a matter of discretion.[8] If CDC does not favorably endorse the identified U.S. health care provider, the officer should generally not grant the waiver as a matter of discretion. By statute, it is USCIS’s decision whether to make the waiver subject to terms, conditions or controls. A CDC recommendation concerning terms, conditions, or controls on the granting of the waiver ordinarily has great persuasive weight, but is not binding on USCIS. USCIS should inform CDC of the decision (approval or denial) of the waiver. The officer does so by completing the CDC response letter, that CDC provided when it returned the endorsed CDC forms to the officer, and emailing cdcqap@cdc.gov. Step-by-Step Checklist Step 1 Gather the necessary documentation for CDC review. Step 2 Send documentation to CDC. Step 3 Review CDC response. Step 4 If applicable, have CDC 4.422.1 forms completed by the applicant and return them for endorsement by CDC. Step 5 Analyze whether the waiver should be granted as a matter of discretion. INA 212(a)(1)(A)(iii). See Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility [8 USCIS-PM B] for more information on the inadmissibility determination based on physical or mental disorders with associated harmful behavior. See INA 212(g)(3). The Instructions to Form I-601 detail the contents that should be included in the doctor’s report. If CDC certifies that a person who obtained an INA 212(g) waiver has failed to comply with any terms, conditions, or controls on the waiver, the person is subject to removal per INA 237(a)(1)(C)(ii). The U.S. health care provider treating the particular condition should provide a summary of the applicant’s initial evaluation to CDC as provided on CDC 4.422-1 form. Generally, no further follow-up is required by the officer.
Q&A’s: ABUSED SPOUSES, CHILDREN AND PARENTS UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA)
Last Updated: July 31, 2023QUESTIONS AND ANSWERS: ABUSED SPOUSES, CHILDREN AND PARENTS UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA) Q. WHAT IF MY FORM I-360, PETITION FOR AMERASIAN, WIDOW(ER), OR SPECIAL IMMIGRANT, IS DENIED? A. If your petition is denied the denial letter will tell you how to file an appeal. You may file a Notice of Appeal along with the required fee at the Vermont Service Center within 33 days of receiving the denial. Once the fee is collected and the form is processed at the service center, the appeal will be referred to the Administrative Appeals Office in Washington, D.C. Q. CAN A MAN FILE A PETITION FOR HIMSELF UNDER THE VIOLENCE AGAINST WOMEN ACT? A. Yes, VAWA applies equally to victims of either sex. Q. DO I HAVE TO REMAIN MARRIED TO MY ABUSIVE SPOUSE UNTIL MY FORM I-360 IS APPROVED? A. Effective Oct. 28, 2000, you may file a Form I-360 if you are still married to your abusive spouse or, in certain circumstances, if you are not still married to your abusive spouse. If you are not still married to your abusive spouse when you file Form I-360, you must meet one of the following exceptions: The actual grounds for the termination of the marriage do not need to explicitly cite battery or extreme cruelty. After your petition has been filed, legal termination of the marriage will not usually affect the status of your petition. Unfortunately, current USCIS regulations do not reflect these statutory changes and still state that you must be married at the time of filing. USCIS is obligated to follow the statute, and you are no longer required to be married to your abusive spouse at the time of filing. You may wish to seek advice from an immigration attorney or legal advocate regarding this provision. Q. CAN A DIVORCED SPOUSE SEEK RELIEF BY FILING A FORM I-360? A. Yes. Effective Oct. 28, 2000, you may file a Form I-360 if the marriage was terminated within 2 years prior to the date of filing, if you can demonstrate a connection between the termination of the marriage and the battery or extreme cruelty. A abused spouse who cannot demonstrate such a connection may be eligible for abused spouse cancellation of removal. To qualify for abused spouse cancellation of removal, you must meet the other requirements that would be necessary for approval of a self-petition. In addition, you must have been physically present in the United States for 3 years immediately preceding the filing of the application for cancellation of removal, and you must demonstrate that your removal from the United States would result in extreme hardship to you or your child. Your Form I-360 will be denied if you re-marry prior to the approval of the Form I-360. Remarriage after the Form I-360 has been approved will not affect the validity of the petition. Q. WHAT IF MY ABUSIVE U.S. CITIZEN OR PERMANENT RESIDENT SPOUSE OR PARENT (OR U.S. CITIZEN SON OR DAUGHTER) FILED A FORM I-130, PETITION FOR ALIEN RELATIVE, ON MY BEHALF, WHICH IS STILL PENDING OR WAS WITHDRAWN? A. If you are the beneficiary of a Form I-130, Petition for Alien Relative, filed by the abusive spouse, parent or child, you will be able to transfer the priority date of the Form I-130 to the Form I-360. This is extremely important for you if since it may result in an earlier priority date and a shorter waiting time for getting a Green Card. Q. CAN ANYONE ELSE ASSIST ME? A. If you need additional advice, you may contact the USCIS field office nearest your home for a list of community-based, non-profit organizations that may be able to assist you in applying for an immigration benefit. Please see the Find a USCIS Office page for more information on contacting USCIS offices. In addition, see the Finding Free Legal Advice page. You should also know that help is available to you through the National Domestic Violence Hotline at 1-800-799-7233 or 1-800-787-3224 [TDD]. The hotline has information about shelters, mental health care, legal advice and other types of assistance, including information about self-petitioning for immigration status.
Affirmative Asylum
Last Updated: July 31, 2023Will I Be Required to Undergo Any Other Criminal or Security Checks? Yes. Every individual who applies for asylum will be subject to a series of background/security checks. You will not have to complete any additional steps to complete your background/security check once you have submitted your Form I-589 and have had your fingerprints taken. Depending on the results of these mandatory checks, you may not be eligible for a final grant of asylum. Your application may be referred to immigration court for removal proceedings. The background/security check consists of the following: When Will I Need to Be Fingerprinted? Applicants 12 years and 9 months of age and older receive a notice to go to an Application Support Center or authorized Designated Law Enforcement Agency to have their fingerprints taken. After the USCIS Service Center receives your completed Form I-589, you will be sent a notice to go to an Application Support Center or authorized Designated Law Enforcement Agency to have your fingerprints taken. You are exempt from the fingerprint or biometric fee. The fingerprints will be sent to the Federal Bureau of Investigation (FBI) for a background/security check. The FBI will send those results to USCIS. Additional information about the fingerprinting process can be found on the Fingerprints webpage below, or by calling the USCIS Contact Center at 1-800-375-5283. Do not submit a completed fingerprint card (FD-258) or fingerprint fee with your application. Your application will be accepted without the fingerprint card attached. If you submit a completed fingerprint card with your application on or after March 29, 1998, the card will be rejected and you will be re-fingerprinted by USCIS. If you are asking for derivative asylum status for your spouse and children, they will also need to be fingerprinted if they are between 12 years and 9 months of age and 79 years of age. Additional information about the fingerprinting process can be found on the Fingerprints webpage below, or by calling the USCIS Contact Center at 1-800-375-5283. What is a Final Denial? You will receive a Final Denial of your asylum claim if you received a Notice of Intent to Deny (NOID) and either did not provide a response to the letter within 16 days, or the asylum officer determined that the evidence or argument you provided failed to overcome the grounds for denial as stated in the NOID. What Will Be My Status After I Am Granted Asylum? You will have asylee status. You will receive an I-94 Arrival and Departure record documenting that you are able to remain indefinitely in the United States as an asylee. You will be authorized to work in the United States for as long as you remain in asylee status. You may obtain a photo-identity document from USCIS evidencing your employment authorization by applying for an Employment Authorization Document (EAD). You will also be able to request derivative asylum status for any spouse or child (unmarried and under 21 years of age as of the date you filed the asylum application, as long as your asylum application was pending on or after Aug. 6, 2002) who was not included as a dependent in your asylum decision and with whom you have a qualifying relationship. This means that you will be able to petition to bring your spouse and/or children to the United States or allow them to remain in the United States indefinitely incident to your asylee status. To What Benefits May I Be Entitled After I Am Granted Asylum? Asylees are eligible to apply for certain benefits, including an Employment Authorization Document (EAD), an unrestricted Social Security card, cash and medical assistance, employment assistance, and a Refugee Travel Document. For more information on the benefits and responsibilities associated with asylee status, see see the Asylum webpage Where Can I Find Further Information if My Asylum Claim is Referred to Immigration Court? The Immigration Courts are located within the Executive Office for Immigration Review at the U.S. Department of Justice. Information about the Immigration Courts can be found at www.usdoj.gov/eoir or you can call their electronic information system at 1-800-898-7180. You will need your A-Number to get information on your case. This telephonic information system can give you information about your next hearing date, time and location; elapsed time and status of the clock for asylum cases; immigration judge decision information; case appeal information, including appeal due date, brief due date, date forwarded to the Board of Immigration Appeals (BIA), and BIA decision and decision date. If the immigration judge denies your asylum application, you will receive a notice telling you how to appeal the decision. Generally, you may appeal within 30 days of receiving the denial. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, see the Executive Office for Immigration Review website What is a Notice of Intent to Deny? You will receive a Notice of Intent to Deny if you are currently in valid status and found ineligible for asylum. You will have 16 days to provide a response to the letter. The asylum officer will then either approve or deny the claim.
How to Attend A WebEx Virtual Hearing for Immigration Court
Last Updated: July 26, 2023From WebEx Virtual Hearing Guide If your hearing notice states that you have a virtual hearing then you are expected to attend the hearing by going to the link on that notice and appearing virtually. If the link on your hearing notice isn’t working, you lostost your hearing notice, or you just don’t feel like typing it in then you can find the webex link for each New York Immigration Judge below (these sometimes change so if it isn’t working then you can check the Department of Justice’s official list of webex links. Please note that even though it should not be possible, the webex links can sometimes be case sensitive . If you ever have an issue with a webex link check the case matches the link. You can find a list of all of the Immigration Judges’ WebEx links at the bottom of this guide or you can find them here. HOW TO ENTER THE VIRTUAL COURT ROOM 1. Find your Immigration Judge in the list below and click on the link 2. Click “allow” if you get a pop-up asking you about cookies 3. Depending on your browser and its setting a download may start or you may be prompted asking if you want to start downloading–YOU DO NOT NEED TO DOWNLOAD WEBEX UNLESS YOU WANT TO. Feel free to download it if you want but if you dot then you are on your own and the rest of these steps won’t be any help for you. Webex works just as well from the browser and it’s a much easier way of getting to your virtual hearing. 4. I recommend using webex from your browser by clicking the link which will bring you to a login screen. You do not need to make an account. You just type in your name and email address, then type the letters in the “CAPTCHA” to prove you’re not a robot and you can enter. Doing this will only get you into the Courtroom it is not going to create an account and you will have to do this step each time you enter a webex courtroom. You usually don’t even get an email from webex since it is a one-time entry. If you have a hard time reading the weird CAPTCHA letters then you can click on the little speaker logo the arrow is pointing to in the picture and it will read the letters aloud through your computer speakers. This serves a dual purpose by also testing the volume of your computer speakers. 5. Click the “Next” button and it will bring you to a screen where you can test your camera to make sure it is working. 6. You will most likely get a prompt requiring you to give your browser access to your computer’s camera and microphone but it depends on your browser and its settings. 7. If your audio does not connect and you see a button that reads “connect audio” simply click the button and select “computer’s audio.” 8. Turn your camera on using the button on the bottom of the screen to test it. 9. If your camera is working and sound is connected then turn off your camera using the button on the bottom of the page and mute your microphone using the mute button. NOTE: You must keep your microphone muted until you are talking to the Judge or you will disturb the courtroom (even if you don’t make noise it will cause echoing). 10. To enter the virtual courtroom (after you turn off your camera and mute your microphone) click the green button that reads “join meeting.” 11. The following screen will be what the inside of the virtual courtroom looks like. Since it is against the law to take photos, videos, or record audio during an actual virtual hearing I had to make a meeting with no other participants to make this guide, which is why the screen shows my name instead of showing a video feed of the Judge and the DHS attorney (Assistant Chief Counsel). During your actual Court hearing you will see them on the screen and probably multiple other people like a translator and other attorneys. 12. Use the buttons on the bottom of the page to mute/unmute, turn camera on/off, or anything else. Once you are done you can press the red button with the “x” to leave the virtual courtroom. TESTING WEBEX PRIOR TO YOUR HEARING You can do a test on a day prior to your hearing using this special webex test meeting link. DO NOT USE THE WEBEX LINKS FOR IMMIGRATION COURT ANY TIME OTHER THAN WHEN YOU ARE SCHEDULED FOR YOUR HEARING. It will throw you into a virtual hearing of someone else. You may find yourself on the big screen in the Courtroom behind the Judge while they are in the middle of a really important case and it would not be fun. FIND IMMIGRATION JUDGE’S WEBEX LINK WHO IS MY JUDGE? If you lost your hearing notice or you can’t figure out who your Judge is then go to the EOIR Automated Case Status System and look up your A# (the 9 digit number with the letter “A” in front of it that appears on every document you received from immigration). Once you enter your A number and press submit it will show you information about your case including the date, time, location, and Immigration Judge. NOTE: The automated system will show the location of the Court even if you have been scheduled for a virtual hearing. That does not mean you have to physically go to the Court at that address. You should still appear virtually.