SPECIAL VISAS
Special Visas that are issued to particularly vulnerable individuals and people with special circumstances. These include:
- Special Immigrant Juvenile Status (SIJS)
- VAWA
- U Visa
- VAWA (Violence Against Women Act)
- Special Immigrant Juvenile Status
- U Visas
- U Visa Certification Through the Department of Labor
- Statutes, Regulations, Legislative Records, Policy Memorandum
- Derivative Children
- Deferred Action for Labor Enforcement (DALE) or Deferred Action for Workers in Labor Dispute
VAWA (Violence Against Women Act)
VAWA
WHO IS ELIGIBLE TO APPLY FOR VAWA?
- are married to that U.S. Citizen or Lawful Permanent Resident
- are the child of a U.S. Citizen or Lawful Permanent Resident
- are the parent of a child who was abused by their U.S. Citizen or Lawful Permanent Resident parent
- are a parent of a U.S. Citizen son or daughter
ANDyou were abused by them.
WHAT BENEFITS DOES VAWA PROVIDE?
- receives protection from deportation
- can work lawfully
- becomes eligible to apply for a green card
- can include certain family members in your VAWA petition
WHAT DO I HAVE TO SHOW TO APPLY FOR VAWA?
- are the spouse or child of a U.S. Citizen or Lawful Permanent Resident or the parent of a U.S. Citizen adult son or daughter,
- lived with the abuser at some time,
- with some exceptions, are currently living in the United States,
AND
- are a person of good moral character.
- are legally married and in a bona fide marital relationship
VAWA Process
VAWA Cancellation
VAWA Cancellation of Removal
In order to qualify for it, you must show that:
- you have been subject to battery or extreme cruelty by a U.S. citizen or legal permanent resident (LPR) spouse, child, or parent
- you have been in the U.S. more than three years before you were put into removal proceedings
- you have had good moral character for at least the past three years
- your removal would cause extreme hardship to you, your children or your parents, and
- you are not subject to any of the grounds of inadmissibility found in U.S. immigration law.
VAWA Cancellation of Removal Compared to Standard VAWA Relief
Special Immigrant Juvenile Status
Special Immigrant Juvenile Status (defined properly at Immigration and Naturalization Act, § 101(a)(27)(J) (codified at 8 U.S.C. § 1101(a)(27)(J)) is a minor (under the age of 21) who has been separated from one or both of their parents due to abandonment, neglect, or abuse, and who gets a guardianship/custody and special findings order issued by the State Family Court. After getting the requisite State Court Orders the minor can file a Form I-360 Self-Petition for classification as a Special Immigrant Juvenile, which will later permit them to file for adjustment of status to a legal permanent resident.
SIJS Generally
WHO IS ELIGIBLE FOR SIJS?
To be eligible for SIJS, you must be:
- Under 21;
- Unmarried;
- Have a case or be able to open a case in a state juvenile court; *
- The juvenile court must determine that you are not able to live with one or both
of your parents because they abandoned, abused, or neglected you; - The juvenile court must determine that it would not be in your best interest to
be returned to your country of origin.
* Family court custody proceedings is the most common way this is done but it could also be probate guardianship proceedings, juvenile justice (delinquency) proceedings, or juvenile dependency (child welfare) proceedings).
How to Apply for SIJS Benefits
After obtaining the required State Court Orders demonstrating eligibility for SIJS the juvenile must submit a Form I-360 Self-Petition to the United States Citizenship.
Form I-360
INA §101(a)(27)(J) - Special Immigrant Juvenile
INA §101(a)(27)(J)
(codified at 8 U.S.C. § 1101(a)(27)(J)
(a) As used in this chapter—
(27) The term “special immigrant” means—
(J) an immigrant who is present in the United States—
(i) who has been declared dependent on a juvenile court located in the United
States or whom such a court has legally committed to, or placed under the
custody of, an agency or department of a State, or an individual or entity
appointed by a State or juvenile court located in the United States,
and whose reunification with 1 or both of the immigrant’s parents is not viable
due to abuse, neglect, abandonment, or a similar basis found under State law;
(ii) for whom it has been determined in administrative or judicial proceedings
that it would not be in the alien’s best interest to be returned to the alien’s or
parent’s previous country of nationality or country of last habitual residence;
and
(iii) in whose case the Secretary of Homeland Security consents to the grant of
special immigrant juvenile status, except that—
(I) no juvenile court has jurisdiction to determine the custody status or
placement of an alien in the custody of the Secretary of Health and Human
Services unless the Secretary of Health and Human Services specifically
consents to such jurisdiction; and
(II) no natural parent or prior adoptive parent of any alien provided special
immigrant status under this subparagraph shall thereafter, by virtue of
such parentage, be accorded any right, privilege, or status under this
chapter.
U Visas
U Visas for the victims of qualifying crimes.
U Visa Certification Through the Department of Labor
U or T Visa Certification Requests from the DOL
U Visas
Forms
Requesting U Visa Certification from the NYS DOL
- were helpful, or
- are helpful, or
- will be helpful to law enforcement in the detection, investigation, or prosecution of the crime (unless the applicant is under the age of 16 or unable to provide information due to a disability).
T Visas
Requesting U or T Visa Certification
Statutes, Regulations, Legislative Records, Policy Memorandum
Statutes, Regulations, 9 FAM, Legislative Records, Policy Memorandum
VAWA 2000 Legislative History
Wilberforce Amendments
Wilberforce Amendments on Bona Fide Work Authorization.
9 FAM
Field Adjudicator's Manual for Department of State with information on U visas.
U and T Visas Adjustment of Status Regulations With Preamble
VAWA 2013 and TVPRA: What Practitioners Need to Know
The Violence Against Women Act of 2013 (VAWA 2013), combined with the Trafficking Victims Protection Act (TVPRA), was signed into law on March 7, 2013.
USCIS Policy Memorandum: Extension of Status for U and T Nonimmigrants (Corrected and Reissued, October 4, 2016)
This policy memorandum (PM) provides guidance about extension of status for T and U nonimmigrants, including any related I-485, application to adjust status. This PM rescind and replaces PM 602-0032.1. This PM revises chapters 39.1 and 39.2 of the Adjudicator's Field Manual.
USCIS Policy Memorandum: U Adjustment and Failure to Voluntary Departure (May 13, 2016)
This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of L-S-M- as an Adopted Decision.
USCIS Policy Memorandum: Changes to U Nonimmigrant Status and Adjustment of Status Provisions (June 15, 2014)
This Policy Memorandum (PM) provides guidance on new legislation that amends the Immigration and Nationality Act (INA) affecting U nonimmigrant status programs and related adjustment of status applications.
Group Comment to USCIS VAWA 2013 Guidance (August 8, 2014)
This comment was submitted by 32 national, state, and local organizations in responses to USCIS Guidance Implementing U visa provisions of VAWA 2013.
Comments on USCIS U Derivative Guidance (January 10, 2013)
USCIS Policy Memorandum: Age-Out Protections for Derivative U Status Holders: Petitions, Initial Approvals and Extension of Status (October 24, 2012)
This Policy Memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant petitions that are being held for final adjudication or have had their prior approvals limited in time due to derivative aging-out. This PM also authorizes the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing the U-3 derivative to remain in U nonimmigrant status past his or her 21st birthday, if necessary. This PM updates the Adjudicator's Field Manual (AFM) by adding Chapters 39.1 (f)(4)(v-viii)- AFM Updated AD11-41.
DOJ & INS Memorandum: Unlawful Presence and Authorized Periods of Stay (June 12, 2012)
This memorandum (PM) provides a list of situation in which a person would qualify for an authorized period of stay, temporary protective status (TPS), or deferred enforcement departure (DED).
USCIS Policy Memorandum: Extension of Status for T and U Nonimmigrants (March 8, 2011)
This policy memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related applications for adjustment of status.
USCIS Policy Memorandum: Extension of Status for T and U Nonimmigrants (February 23, 2011)
This Policy Memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related application for adjustment of status.
USCIS Policy Memorandum: Extension of U Nonimmigrant Status for Derivative Family Members Using Form I-539 (June 22, 2010)
This policy memorandum (PM) allows extension of status for U derivative family members due to consular processing delays, and for other reasons as well.
Virtue Memo on Any Credible Evidence Standard (and Extreme Hardship) (Oct. 16, 1998)
This old memo has excellent language near the end on the "any credible evidence" standard -- "Documentary Requirements" -- and why it exists. The discussion of "extreme hardship" is no longer relevant to VAWA self-petitions but may be helpful to those seeking VAWA cancellation, where that requirement still exists. Here for Virtue Memo on Any Credible Evidence Standard (and Extreme Hardship) in Word Version.
Adjustment of Status
ASISTA I-485 Comments (Nov. 7, 2023)
On September 8, 2023, USCIS published a revision of Form I-485 Application to Register Permanent Residence or Adjust Status greatly expanding the number and type of questions for applicants to complete. On November 7, 2023, ASISTA submitted a comment emphasizing the impact of these form changes on beneficiaries of survivor-based relief.
Advanced Issues in U Visas and U Adjustment of Status (Updated August 2023)
This practice advisory addresses a recent case law development regarding derivative eligibility for U visa qualifying family members, the use of discretion in waivers of inadmissibility for U visas, as well as common issues in U-based adjustment of status, such as addressing unwaived grounds of inadmissibility and negative discretionary factors.
AIC Practice Advisory on Child Status Protection Act (November 4, 2009)
The Child Status Protection Act (CSPA), provides relief to children who “age-out” as a result of delays by the U.S. Citizenship and Immigration Services (USCIS) in processing visa petitions and asylum and refugee applications.
U Visa Adjustment of Status Summary of Regulations (January 12, 2009)
U Visa Adjustment of Status Fact Sheet and Guidance (January 12, 2009)
9-NIJC U AOS RFE Response Re: Records of Conviction
AOS Processing Cover Sheet for Families with U Visas
Derivative Children
DERIVATIVE CHILDREN
Derivative Child In The United States
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U Not Yet Filed & Child Not 21
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Under 21 At Time Of Filing But Turned 21 While App Pending
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Under 21 At Time Of Approval But Turning 21 Before The 3 Years
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FILE NOW Mail application as soon as possible, even if no I-918B Certification yet Request VSC NOT to deny, flagging age-out issue as reason for filing. Do not wait VSC's VAWA unit does not receive Friday mail until Monday!!!
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DO NOT ADJUST THE PRINCIPAL BEFORE THE DERIVATIVE IS APPROVED Ask for an extension citing U extensions Memo for principals p.3 Request deferred action and EAD under 8 CFR ß274a.12(c)(14) unless in removal proceedings.
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FILE EXTENSION OF U on form II 539. Can be filed 6 months before but VSC will not start adjudicating until 90 days of expiration Request deferred action and EAD under 8 CFR ß 274a.12(c)(14) File to adjust principal once derivative accrues 3 years in continuous presence, request EAD for principal based on 8 CFR ß274a.12(c)(9)
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Derivative
Child Not In United States |
ABOUT TO TURN 21 U NOT YET FILED
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UNDER 21 AT TIME OFAPPROVAL BUT TURNED 21 WHILE APPLICATION PENDING
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UNDER 21 AT TIME OFAPPROVAL BUT TURNING 21 BEFORE 3 YEARS CONTINUOUS PRESENCE
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FILE INMEDIATELY TO PRESERVE DATE Explore alternative remedies such as family relative petition, humanitarian parole, asylum
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DO NOT ADJUST PRINCIPAL Ask for an extension citing U extensions memo p. 3 If denied, file an appeal to preserve potential eligibility after age-out memorandum
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PROCESS DERIVATIVE INTO US INMEDIATELY AFTER derivative in US proceed with extension and EAD request based on deferred action, 8 CFR ß 274a.12(c)(14)
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Deferred Action for Labor Enforcement (DALE) or Deferred Action for Workers in Labor Dispute
Deferred Action for Labor Enforcement (DALE)
What exactly is DALE?
How can workers apply for DALE?
From USCIS
FROM NYS DOL
Process for Requesting a Statement of Interest from the NYS DOL Website