Transcript Does my client need an I-192? U visas and inadmissibility

Does my client need an I-192?
U visas and inadmissibility issues
Presented by
Gail Pendleton & Sonia Parras
This project is supported by Grant No. 2009-TA-AX-K009 awarded by the United States Department of Justice, Office on Violence
Against Women. The opinions, findings, and recommendations expressed in this document are those of the author(s) and do not
necessarily reflect the views of the United States Department of Justice, Office on Violence Against Women.
Copyright © 2011 ASISTA
All rights Reserved.
GOALS
1. KNOW WHEN YOUR CLIENT NEEDS THE I-192
2. HOW TO PREPARE THE PACKAGE ON I-192 U
VISA CASES
3. POTENTIAL CHALLENGES AND HOW TO
ADDRESS THEM
What the I-192 does for your client?
• It allows inadmissible non-immigrant
applicants to apply for advance permission to
enter the United States temporarily
THE BASICS
• Grounds of inadmissibility in immigration law apply
to anyone requesting admission into the country
– Admission- no literal meaning
• If any of these grounds apply, the applicant must file
an I-192 waiver.
– Until the alien turns 18, no unlawful presence is counted
• The recent trend seems to be that applications filed
with the I-192 have a better chance of faster
adjudication than those filed without the I-192.
THE BASICS
• For an alien who is otherwise not permitted to enter the United
States to apply for permission to temporarily enter the United
States
• Size 2 Pages + Instructions
• Edition Date 01/15/2009, Previous editions not accepted 7/30/07
edition will be accepted through 2/20/09 only
• Where to File USCIS Local Office with jurisdiction over the port of
entry where the alien will enter the United States. For U visas
Vermont Service Center
Filing Fee $545- may be waived
Cont.
• Grounds of inadmissibility can be found in the
Immigration and Nationality Act (INA) section
212(a).
• The statutory and regulatory basis and relevant
provisions for the I-192 form can be found in
– INA section 212(d)(3)(A)(ii)
– Title 8 Code of Federal Regulations (CFR), part
212.4(b);
– INA section 212(d)(14),
– and 8 CFR 212.14 & 17
Flagging inadmissibility
• What do you ask to ferret out problems?
• What are most common problems?
Common inadmissibility problems
• Entries and exits
• Manner of entry
• Encounters with DHS
Cont• Fraud
• Public charge
• Crimes
KEY ISSUES FOR CIS TO
CONSIDER THE WAIVER
1. “ Favorable vs. Unfavorable factors”
2. The “ National and public interest”
3. Violent acts require extraordinary circumstances
• If convicted of crimes:
–
–
–
–
Name of the crime
Explain date & place of commission of EACH crime
final disposition & court that issued sentence
Rehabilitation and positive factors
General Factors to consider; National
and public interest
• Denying U visas because of certain grounds of inadmissibility
undermines congress intent to protect vulnerable victims
• Victims will not be willing to report crimes for fear of deportation.
• Wrong message sent to victims that gather the courage to report or
assist in investigation of crimes
• Diminishes the capacity of law enforcement for community policing
• Some applicants may still be assisting the prosecution or with the
investigation and they may be needed in the future as well
• SEE CHART
Additional factors and arguments
EXTREME HARDHIP FACTORS
* The nature and extent of the physical or psychological
consequences of abuse;
• The impact of loss of access to the United States courts and
criminal justice system (including, but not limited to, the ability to
obtain and enforce orders of protection, criminal investigations
and prosecutions, and family law proceedings or court orders
regarding child support, maintenance, child custody, and
visitation);
• The likelihood that the batterer's family, friends, or others acting
on behalf of the batterer in the home country would physically or
psychologically harm the applicant or the applicant's child(ren);
Additional factors and arguments
• 4) The applicant's needs and/or needs of the applicant's child(ren) for
social, medical, mental health or other supportive services for victims of
domestic violence that are unavailable or not reasonably accessible in the
home country;
• (5) The existence of laws and social practices in the home country that
punish the applicant or the applicant's child(ren) because they have been
victims of domestic violence or have taken steps to leave an abusive
household; and
• (6) The abuser's ability to travel to the home country and the ability and
willingness of authorities in the home country to protect the applicant
and/or the applicant's children from future abuse. 8 C.F.R § 1240.58(c).
Note that the usual factors considered for extreme hardship, see 8 C.F.R.
§ 1240.59(b) are not generally helpful for victims of crimes. .
Requirements
•
•
•
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Biographic information
Filing fee or fee waiver
Fingerprints
CAREFUL WITH CONVICTIONS
More on the I-192
• Approved only until the date stated on
approval- for U visas 4 years
• It can be revoked
• The grounds of inadmissibility disclosed and
listed on the form are the only ones waived.
Therefore, if not disclosed= not waived!
Putting it all together…
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•
•
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Cover letter with your argument
G-28
Form I-192
Fee or Fee waiver
– Show economic need
• Biographic info – birth certificate/passport
• Any evidence of positive factors to overcome
inadmissibility grounds stated
– Letters from witnesses re: rehabilitation, fear of
persecution by abuser or retaliation by perpetrators,
personal statement, etc