Interoffice Memorandum: New Classification for Victims of Criminal Activity - Eligibility for 'U' Nonimmigrant Status, Revisions to Adjudicator's Field Manual (AFM) Chapter 39 (AFM Update AD08-12)   [open pdf - 898KB]

"This memorandum provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in the field regarding a new nonimmigrant classification created by the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), Pub. L. 106-386, 114 Stat. 1464 (Oct. 28,2000). Title V of the VTVPA is entitled the Battered Immigrant Women Protection Act (BIWP A), and contains the provisions creating the U nonimmigrant status and establishing the eligibility requirements. Interim final regulations implementing the provisions creating the U nonimmigrant classification were published on September 17,2007. 72 Fed. Reg. 53,014. This guidance establishes the requirements and procedures for aliens seeking nonimmigrant status under this new classification. This memorandum also provides clarification on eligibility requirements for qualifying family members who were granted interim relief. The U regulation sets forth general eligibility requirements for derivative U Nonimmigrants, however these regulations do not address eligibility requirements for derivatives who are in interim relief status. Many qualifying family members who were granted interim relief do not meet the general age requirements in the rule. However the U regulation provides that, upon approval of a petition for U nonimmigrant status, principal petitioners and derivative family members who were granted interim relief will be accorded U nonimmigrant status as of the date that the request for U interim relief was approved. This guidance provides that with regard to qualifying family members who were granted interim relief, the family member's age on the date of the U interim relief filing shall be controlling for the age eligibility requirement, just as the interim relief approval date is controlling in designating the initial date of U nonimmigrant status."

Report Number:
HQORPM AD08-12 : HQ 70/8
Public Domain
Retrieved From:
U.S. Citizenship and Immigration Services: http://www.uscis.gov/
Media Type:
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