# Statutes, Regulations, Legislative Records, Policy Memorandum

# **Statutes, Regulations, 9 FAM, Legislative Records, Policy Memorandum**

#### [VAWA 2000 Legislative History](https://asistahelp.org/wp-content/uploads/2018/12/VAWA-2000Legislative-History-.pdf)

#### [Wilberforce Amendments](https://asistahelp.org/wp-content/uploads/2018/12/Wilberforce-mendments.doc)

Wilberforce Amendments on Bona Fide Work Authorization.

#### [9 FAM](https://fam.state.gov/Fam/FAM.aspx?ID=09FAM)

Field Adjudicator's Manual for Department of State with information on U visas.

#### **[U and T Visas Adjustment of Status Regulations With Preamble](https://asistahelp.org/wp-content/uploads/2018/12/U-Visa-Adjustment-Regulations-with-Preamble.pdf)**

#### [VAWA 2013 and TVPRA: What Practitioners Need to Know](https://asistahelp.org/wp-content/uploads/2018/10/VAWA-2013-and-TVPRA-Changes-and-Practice-Pointers.pdf)

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)](https://asistahelp.org/wp-content/uploads/2018/02/T-and-U-Extension-October42016.pdf)

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)](https://asistahelp.org/wp-content/uploads/2018/12/USCIS-Policy-Memorandum-U-Adjustment-and-Failure-to-VD.pdf)

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)](https://asistahelp.org/wp-content/uploads/2018/08/Changes-to-U-Nonimmigrant-Status-and-Adjustment-of-status-Provisions.pdf)

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)](https://asistahelp.org/wp-content/uploads/2018/12/Group-Comment-to-USCIS-VAWA-2013.pdf)

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)](https://asistahelp.org/wp-content/uploads/2018/12/Comments-on-USCIS-U-Derivative-Guidance.pdf)**

#### [USCIS Policy Memorandum: Age-Out Protections for Derivative U Status Holders: Petitions, Initial Approvals and Extension of Status (October 24, 2012)](https://asistahelp.org/wp-content/uploads/2018/12/USCIS-Policy-Memorandum-Age-Out-Protection-for-Derivative-U-Nonimmigrant-Status-Holders-Pending-Petitions-Initial-Approvals-and-Extensions-of-Status.pd)

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 &amp; INS Memorandum: Unlawful Presence and Authorized Periods of Stay (June 12, 2012)](https://asistahelp.org/wp-content/uploads/2018/12/DOJ-INS-Memorandum-Unlawful-Presence-and-Authorized-Periods-of-Stay-.pdf)

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)](https://asistahelp.org/wp-content/uploads/2018/12/USCIS-Policy-Memorandum-Extension-of-Status-for-T-and-U-Nonimmigrants.pdf)

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)](https://asistahelp.org/wp-content/uploads/2018/08/Extension-of-Status-for-T-and-U-Nonimmigrants.pdf)

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)](https://asistahelp.org/wp-content/uploads/2018/12/USCIS-Policy-Memorandum-Extension-of-U-Nonimmigrant-Status-for-Derivative-.pdf)

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)](http://www.asistahelp.org/documents/resources/Virtue_Memo_on_Any_Credible_Evidenc_60E105636689E.pdf)

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](https://asistahelp.org/wp-content/uploads/2018/08/Paul-Virtue.-INS-Memo-Extreme-Hardship-and-Documentary-Requirements.doc).

####  

#### Adjustment of Status

#### [ASISTA I-485 Comments (Nov. 7, 2023)](https://asistahelp.org/wp-content/uploads/2023/12/ASISTA-I-485-Comment-11.7.23.pdf)

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](https://asistahelp.org/wp-content/uploads/2023/12/ASISTA-I-485-Comment-11.7.23.pdf) 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)](https://asistahelp.org/wp-content/uploads/2023/08/U-Visas-AOS-reprint.pdf)

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)](https://asistahelp.org/wp-content/uploads/2019/01/AIC-Practice-Advisory-on-CSPA.pdf)

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)](https://asistahelp.org/wp-content/uploads/2019/01/U-AOS-Summary-of-Regs.pdf)**

#### **[U Visa Adjustment of Status Fact Sheet and Guidance (January 12, 2009)](https://asistahelp.org/wp-content/uploads/2019/01/U-AOS-Fees-Fact-Sheet.pdf)**

#### **[9-NIJC U AOS RFE Response Re: Records of Conviction](https://asistahelp.org/wp-content/uploads/2019/01/9NIJC-U-AOS-RFE-Response-Records.pdf)**

#### **[AOS Processing Cover Sheet for Families with U Visas](https://asistahelp.org/wp-content/uploads/2018/08/1.-AOS-Processing-Cover-Sheet-for-Famillies-with-U-Visas.pdf)**