9 FAM 402.6

(U) Witnesses and Victims – S, T, and U Visas

(CT:VISA-630;   07-12-2018)
(Office of Origin:  CA/VO/L/R)

9 FAM 402.6-1  (U) Statutory and Regulatory Authorities

9 FAM 402.6-1(A)  (U) Immigration and Nationality Act

(CT:VISA-324;   04-07-2017)

(U) INA 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)); INA 101(a)(15)(T) (8 U.S.C. 1101(a)(15)(T)); INA 101(a)(15)(U) (8 U.S.C. 1101(a)(15)(U)); INA 212(d)(1) (8 U.S.C. 1182(d)(1)); INA 212(d)(13) (8 U.S.C. 1182(d)(13)); INA 212(d)(14) (8 U.S.C. 1182(d)(14));INA 214(k) (8 U.S.C. 1184(k)); INA 214(n) (8 U.S.C. 1184(n)); INA 214(o) (8 U.S.C. 1184(o)); INA 214(p) (8 U.S.C. 1184(p)); INA 245 (8 U.S.C. 1255).

9 FAM 402.6-1(B)  (U) Code of Federal Regulations

(CT:VISA-324;   04-07-2017)

(U) 22 CFR 41.83; 22 CFR 41.84; 8 CFR 214.11; 8 CFR 214.14.

9 FAM 402.6-1(C)  (U) United States Code

(CT:VISA-1;   11-18-2015)

(U) 22 U.S.C. 7102.

9 FAM 402.6-2  (U) Overview of Visas for Witnesses and Victims

(CT:VISA-566;   04-06-2018)

a. (U) S Visas:  S visas are for informants supplying critical information relating to a criminal organization (S-5) or informants supplying critical information relating to terrorism (S-6).

b. (U) T Visas:  This visa allows victims of human trafficking to remain in the United States to assist in investigations or prosecutions of human trafficking violators.  Foreign citizens seeking T-1 nonimmigrant status must be physically present in the United States due to human trafficking.  Posts therefore do not issue T-1 visas, but may issue qualifying family members T derivative visas.

c.  (U) U Visas:  Victims of certain criminal activities that either occurred in the United States or violated U.S. laws may be eligible to petition USCIS for U-1 nonimmigrant status.  Victims must have suffered substantial mental or physical abuse due to the criminal activity and possess credible and reliable  information concerning that criminal activity.  In addition, law enforcement authorities must certify that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of the criminal activity.  The criminal activity must have occurred in the United States, including; Indian country (see   8 CFR 214.14(a)(4)), U.S. military installations (see 8 CFR 214.14(a)(6)), U.S. territories or possessions (see 8 CFR 214.14(a)(11)), or violated a U.S. federal law that provides for extraterritorial jurisdiction.   In order to receive U-1 nonimmigrant status, an applicant must be eligible and must comply with the application requirements set forth by USCIS.  USCIS approves U nonimmigrant petitions both for people who are in the United States and for those abroad.  Individuals already present in the United States who have an approved petition are immediately granted U nonimmigrant status by USCIS.  Individuals overseas who have approved U visa petitions, or who already have U nonimmigrant status and have traveled overseas, are required to apply for a U visa at post.

9 FAM 402.6-3  (U) Categories of s, t and U Visas

(CT:VISA-324;   04-07-2017)

(U) 22 CFR 41.12 identifies the following S, T, and U visa classification symbols for aliens witness, informants, and victims in accordance with INA 101(a)(15)(S), (T), and (U):

S5

Certain Aliens Supplying Critical Information Relating to a Criminal Organization or Enterprise

S6

Certain Aliens Supplying Critical Information Relating to Terrorism

S7

Qualified Family Member of S5 or S6

T1

Victim of a severe form of trafficking in persons

T2

Spouse of T1

T3

Child of T1

T4

Parent of T1

T5

Unmarried Sibling under age 18 of T1

T6

Adult or Minor Child of a Derivative Beneficiary of a T1

U1

Victim of criminal activity

U2

Spouse of U1

U3

Child of U1

U4

Parent of U1 under 21 years of age

U5

Unmarried Sibling under age 18 of U1 under 21 years of age

9 FAM 402.6-4  (U) witnesses and Informants – S Visas

9 FAM 402.6-4(A)  (U) Statutory and Regulatory Authorities

9 FAM 402.6-4(A)(1)  (U) Immigration and Nationality Act

(CT:VISA-446;   09-19-2017)

(U) INA 101(a)(15)(S) (8 U.S.C. 101(a)(15)(S); INA 212(d)(1) (8 U.S.C. 1182(d)(1)); INA 214(k) (8 U.S.C. 1184(k)); INA 245 (8 U.S.C. 1255); INA 248 (8 U.S.C. 1258).

9 FAM 402.6-4(A)(2)  (U) Code of Federal Regulations

(CT:VISA-324;   04-07-2017)

(U) 22 CFR 41.83.

9 FAM 402.6-4(B)  (U) Background

(CT:VISA-446;   09-19-2017)

a. (U) Classification Codes“S-5”classification relates to INA 101(a)(15)(S)(i) and “S-6” relates to INA 101(a)(15)(S)(ii).  “S-7” is used for derivatives of either S-5 or S-6 nonimmigrants.

b. (U) Numerical Limitation:  INA 214(k) places an annual limitation on nonimmigrants who may be issued visas under INA 101(a)(15)(S)(i) and (ii) to 200 and 50 respectively. 

9 FAM 402.6-4(C)  (U) S-5 Classification Under INA 101(a)(15)(S)(i)

(CT:VISA-446;   09-19-2017)

(U) An alien may be classified as an S-5 nonimmigrant, if the Director of U.S. Citizenship and Immigration Services (USCIS) determines in the exercise of discretion  that the:

(1)  (U) Alien is in possession of critical reliable information concerning a criminal organization or enterprise;

(2)  (U) Alien is willing to supply, or has supplied, such information to a Federal or State law enforcement authority (LEA); and

(3)  (U) Alien's presence in the United States has been determined by the Attorney General to be essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise.  See 8 CFR 214.2(t)(1).

9 FAM 402.6-4(D)  (U) S-6 Classification Under INA 101(a)(15)(S)(ii)

(CT:VISA-446;   09-19-2017)

(U) An alien may be classified as an S-6 nonimmigrant, if the Secretary of State and the Director of USCIS jointly determine in the exercise of discretion that the alien:

(1)  (U) Possesses critical, reliable information concerning a terrorist organization, enterprise, or operation;

(2)  (U) Is willing to supply or has supplied such information to Federal law enforcement authorities;

(3)  (U) Will be or has been placed in danger as a result of providing such information; and

(4)  (U) Is eligible to receive a reward under 22 U.S.C. 2708(a)See 8 CFR 214.2(t)(2).

9 FAM 402.6-4(E)  (U) S-7 Accompanying or Following- to-Join Dependents

(CT:VISA-446;   09-19-2017)

a. (U) If determined appropriate by the Director of USCIS (or the Director of USCIS and the Secretary of State in the case of an alien classified under INA 101(a)(15)(S)(ii)), the accompanying or following-to-join spouse, married and unmarried sons and daughters, and the parents of an S-5 or S-6 alien may be classified as S-7. 

b. (U) A nonimmigrant in the S-7 visa classification will be subject to the same period of admission, limitations, and restrictions as the S-5 or S-6 alien and must be identified on the application Form I-854-A in order to qualify for S nonimmigrant classification.  Family members not identified on Form I-854-A will not be eligible for S nonimmigrant classification (See 9 FAM 402.6-4(F) below and 8 CFR 214.2(t)(3)).

9 FAM 402.6-4(F)  (U) Determining Eligibility for S Nonimmigrant Classification

(CT:VISA-446;   09-19-2017)

a. (U) An interested Federal or State LEA (which shall include a Federal or state court or a United States Attorney's Office) must initiate the process for an S visa by having a Form I-854-A certified by the U.S. Attorney who has jurisdiction over the prosecution or investigation.

b. (U) The LEA must then receive certification of the Form I-854-A by the seat of government (headquarters) level if a Federal LEA or at the highest level of the State LEA. 

c.  (U) The LEA must then file the Form I-854-A directly with the Assistant Attorney General, Criminal Division.  If the Assistant Attorney General, Criminal Division recommends approval, the I-854-A application is submitted to USCIS for a decision.

d. (U) Most S visa applicants are already present in the United States.  If USCIS approves the I-854-A, and the individual is outside the United States, the request for S nonimmigrant visa classification will then be presented to the Secretary of State. 

e. (U) No request for S nonimmigrant visa classifications may be presented to the Secretary of State unless it has been approved and forwarded by USCIS.

f.  (U) In lieu of an S visa, the LEA may prefer to request to parole an alien into the United States on a case by case basis.

9 FAM 402.6-4(G)  (U) Waiver for Alien Ineligible Under 212(a)

(CT:VISA-446;   09-19-2017)

(U) Upon certification by the Assistant Attorney General, Criminal Division, an alien otherwise classifiable as a nonimmigrant under INA 101(a)(15)(S), who is found to be ineligible under INA 212(a) (other than paragraph (3)(E) pertaining to Nazi persecution, genocide, torture, or extrajudicial killings), may, if USCIS considers it to be in the national interest, be granted a waiver under INA 212(d)(1), after the Department of Justice Criminal Division certifies the application.  See 8 CFR 214.2(t)(5)(i) and 8 CFR 212.4(j)(1).

9 FAM 402.6-4(H)  (U) Conditions of Stay

(CT:VISA-446;   09-19-2017)

a. (U) Length of Stay:  The maximum period of admission in S visa status is three years.  USCIS is not permitted to grant an extension of this period of time.  Individuals with S nonimmigrant status have additional conditions for their admission as outlined in INA 214(k)(3) and 8 CFR 214.2(t)(7).   During the alien's status as an S nonimmigrant, the LEA has quarterly and annual reporting requirements to the Assistant Attorney General, Criminal Division.

b. (U) No Change of Status:  An alien admitted to the United States under INA 101(a)(15)(S) is prohibited from changing status to another nonimmigrant classification as provided in INA 248(a)(1) and 8 CFR 248.2(a)(2), with the exception of INA 101(a)(15)(U)An alien who is already present in the United States may change status to the S classification, as long as the alien is not present in C, D, or K nonimmigrant status (see 8 CFR 248.2(a)(2)).

c.  (U) Employment in the United States:  An alien classified under INA 101(a)(15)(S) may, once in the United States, apply for employment authorization by using Form I-765, Application for Employment Authorization.  Form I-765 is not filed by the alien but by the Federal or state LEA or U.S. Attorney's Office on behalf of the alien. An alien in S status may not take employment prior to the grant of the employment authorization.

9 FAM 402.6-4(I)  (U) Adjustment of Status

(CT:VISA-446;   09-19-2017)

a. (U) INA 245.11(j) provides for adjustment of status of aliens admitted as S-5 or S-6 to lawful permanent resident status only if the same LEA that sponsored the initial I-854-A application applies for the alien to adjust status to that of lawful permanent resident, and may only be filed by the Federal or state LEA or  the United States Attorney's Office that originally requested S classification for the alien.  S-7 derivatives also may adjust status if the S-5 or S-6 principal's adjustment application is granted (see INA 245(j)(2)).

b. (U) The requesting LEA must certify Form I-854-B pertaining to adjustment of status and file with the Assistant Attorney General, Criminal Division, for review.

c.  (U) After certification of Form I-854-B by the Assistant Attorney General, Criminal Division, the I-854-B is submitted to USCIS and the alien may then proceed to file Form I-485 to adjust to lawful permanent resident status according to the process outlined provided in 8 CFR 1245.11(a).

9 FAM 402.6-5  (U) Victims of Trafficking in Persons – T Visas

9 FAM 402.6-5(A)  (U) Statutory and Regulatory Authority

9 FAM 402.6-5(A)(1)  (U) Immigration and Nationality Act

(CT:VISA-324;   04-07-2017)

(U) INA 101(a)(15)(T) (8 U.S.C. 101(a)(15)(T)); INA 212(d)(13) (8 U.S.C. 1182(d)(13)).

9 FAM 402.6-5(A)(2)  (U) Code of Federal Regulations

(CT:VISA-324;   04-07-2017)

(U) 22 CFR 41.84.

9 FAM 402.6-5(B)  (U) Background

(CT:VISA-324;   04-07-2017)

(U) Section 107 of Public Law 106-386, the Victims of Trafficking and Violence Protection Act (VTVPA) created a new nonimmigrant category (T) for aliens who are victims of a "severe form of trafficking in persons." The term has the meaning given in Section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).  Note that only the Department of Homeland Security (DHS) can place an alien, principals as well as derivatives, in this category.  Consequently, you must not accept an application for a nonimmigrant visa (NIV) in the T category unless you have received from the Department notification that DHS has approved that alien for T status. The category is limited to 5,000 principal aliens per year.  The law was first amended by the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA), Public Law 108-193, which provided age-out protection (see 9 FAM 402.6-5(E)(4)) and public charge exemption (see 9 FAM 402.6-5(F)(2)). It was also amended by the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (WWTVPRA), Public Law 110-457.  VTVPA was amended again by the Violence Against Women Reauthorization Act of 2013, Public Law 113-4, to allow the Secretary of Homeland Security, the Secretary of State, and the Attorney General, in the discretion of either such Secretary or the Attorney General, to disclose information regarding applicants for or beneficiaries of T nonimmigrant status to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information.

9 FAM 402.6-5(C)  (U) Defining “Severe Forms of Trafficking in Persons”

(CT:VISA-324;   04-07-2017)

(U) Severe forms of trafficking in persons is defined in 8 CFR 214.11(a) as “ sex trafficking in which a commercial sex act is induced by fraud, force, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or the recruitment, harboring, transportation, provision or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.”

9 FAM 402.6-5(D)  (U) Qualifying for T Visa Status

(CT:VISA-566;   04-06-2018)

a. (U) To qualify for status as a T-1 nonimmigrant, a person must:

(1)  (U) Be a victim of a severe form of trafficking in persons (see above);

(2)  (U) Be physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry thereto, on account of such trafficking, including physical presence on account of the alien having been allowed entry into the United States for participation in investigative or judicial processes associated with an act or a perpetrator of trafficking;

(3)  (U) Be likely to suffer extreme hardship involving unusual and severe harm upon removal; and

(4)  (U) Have complied with any reasonable request for assistance by a law enforcement agency in the Federal, State, or local investigation or prosecution of acts of trafficking or the investigation of crime where acts of trafficking are at least one central reason for the commission of that crime.

      (U) NOTE:  If, in consultation with the Attorney General, a person is found to be unable to cooperate with a request described in (4) due to physical or psychological trauma; or if the person has not yet attained 18 years of age then the requirement described in (4) may be waived).

(5)  (U) An alien seeking T-1 status must file the Form I-914 at the DHS Vermont Service Center.  If a waiver of ineligibility is needed, the applicant must also file the Form I-192. 

b. (U) Any alien seeking T-1 status would, by definition, be physically present in the United States already.  Therefore, you may not issue a T-1 visa. Consular processing of T-2 and T-3 visas is discussed below.

9 FAM 402.6-5(E)  (U) Derivatives of T Visa Holders

9 FAM 402.6-5(E)(1)  (U) Consular Officer’s Responsibilities

(CT:VISA-566;   04-06-2018)

a. (U) An alien victim who was over the age of 21 at the time he filed a T-1 (i.e., principal alien) may petition for the admission of a T-2 (spouse) and T-3 (children) if accompanying or following to join such principal alien.

b. (U) An alien victim who was under the age of 21 at the time he filed a T-1 (i.e., principal alien) may petition for the admission of a T-2 (spouse), T-3 (child), T-4 (parent of a T-1 alien who is under 21 years of age), or T-5 (unmarried sibling under the age of 18 of a T-1 alien who is under 21 years of age) derivative status, if accompanying or following to join such principal alien.

c.  (U) Irrespective of the T-1's age, a parent, sibling, or any adult or minor children of a derivative beneficiary of a T-1 will qualify as a derivative if the Secretary of Homeland Security finds that the individual faces a present danger as a result of the T-1's escape from the severe form of trafficking or cooperation with law enforcement. Siblings must be unmarried and under the age of 18 on the date on which the principal alien applies for T-1 status.'

d. (U) To be eligible for T-2, T-3, T-4, or T-5 nonimmigrant status, it must be demonstrated that:

(1)  (U) The T-1 principal is still in T-1 status and has NOT adjusted status and become a Legal Permanent Resident (LPR) (check PCQS).  No derivative T visa may be issued if the T-1 principal’s status has been revoked, expired or changed to an LPR.  

(2)  (U) The alien for whom T-2, T-3, T-4, or T-5 status is being sought is a qualifying family member (as defined in 8 CFR 214.14(a)(10)).  With the exception of children born after the principal applicant filed a T-1 application, the family relationship must have existed at the time the T-1 application was filed.  

(3)  (U) The qualifying family member is admissible to the United States; and

(4)  (U) T-3 derivative children applicants are unmarried at the time the visa is issued.

e. (U) The Department of Homeland Security may accord T status to 5,000 principal T status holders per year.  The annual numerical limitations do not apply to derivative visa applicants.

f.  (U) All applications for classification of a relative for derivative T status must be filed by the principal alien at the designated DHS center in the United States. 

g. Unavailable

h. Unavailable

i.  (U) It is not necessary for the T-1 applicant to be present at the visa interviews for derivative family members. Remember that T-1 beneficiaries do not have visas that would allow them to freely depart and return to the United States.

9 FAM 402.6-5(E)(2)  (U) Length of T Status

(CT:VISA-566;   04-06-2018)

(U) Qualifying family members will remain eligible for a visa only as long as the principal applicant is in T-1 status.  A T-1 is given for a period of 4 years, which can be extended in certain circumstances outlined in INA 214(o)(7).  Within the 90 day period before the three-year anniversary of the grant of the T-1, the alien may apply for adjustment of status to that of a legal permanent resident (LPR).  If the T-1 does not apply to adjust status, his or her T-1 is terminated.

9 FAM 402.6-5(E)(3)  (U) Visa Revocation

(CT:VISA-566;   04-06-2018)

Unavailable

9 FAM 402.6-5(E)(4)  (U) Aging Out Protection

(CT:VISA-566;   04-06-2018)

(U) The Victims of Trafficking and Violence Protection Act (VTVPA) amended the INA to provide, in INA 214(o), that a derivative child who attained the age of 21 while the principal alien's T-1 case was still pending received age-out protection, by which the derivative applicant maintains his or her status.  Also, parents or siblings of an alien who attains the age of 21 while his/her T-1 application is pending maintain their derivative status.

9 FAM 402.6-5(E)(5)  (U) Employment Authorization

(CT:VISA-324;   04-07-2017)

(U) DHS will issue T-1 nonimmigrants employment authorization concurrently with the grant of status.  T-2, T-3, T-4, T-5, and T-6 nonimmigrants may apply for employment authorization once in the United States by filing a Form I-765, Application for Employment Authorization.  Employment authorization, if granted, will last for the length of the duration of the T-1 nonimmigrant status.  Individuals under the age of 18 who have been determined to have been subjected to a severe form of trafficking in persons are eligible to receive benefits and services to the same extent that refugees are eligible for such benefits and services.  Persons over the age of 18 with bona fide T applications may apply to the Department of Health and Human Services (HHS) to be certified to receive these benefits and services, including possible cash assistance.

9 FAM 402.6-5(F)  (U) Issuing T Visas

9 FAM 402.6-5(F)(1)  (U) Post’s Role

(CT:VISA-324;   04-07-2017)

(U) When DHS approves an application for a qualifying immediate family member who is outside the United States, DHS will notify the principal T-1 alien of such approval via Form I-797, Notice of Action.  DHS will send a copy of the approved Form I-914 Supplement A (form I-914-A), Application for Immediate Family Member of T-1 Recipient, to the Department’s Kentucky Consular Center (KCC), which will then transmit the form electronically through the Petition Information Management Service (PIMS) to the appropriate post.  Upon receipt of the approved Form I-914, post must contact the beneficiary, advise her or him of documentary requirements, and schedule an interview.

9 FAM 402.6-5(F)(2)  (U) Public Charge Ineligibility Inapplicable

(CT:VISA-324;   04-07-2017)

(U) The public charge ground of inadmissibility (INA 212(a)(4)) does not apply to applicants for T visas.

9 FAM 402.6-5(F)(3)  (U) Aliens Ineligible for T Nonimmigrant Status

(CT:VISA-324;   04-07-2017)

(U) Public Law 106-386 also amended INA 214 by adding a new subsection (n) that prohibits a person who has engaged in a severe act of trafficking in persons from benefiting from the T nonimmigrant category.

9 FAM 402.6-5(F)(4)  (U) Study Permitted

(CT:VISA-324;   04-07-2017)

(U) Family members who are issued T visas and will study in the United States are not required to provide Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student States – for Academic and Language Students, or apply for F-1 status.

9 FAM 402.6-5(F)(5)  (U) Waiver of Grounds of Inadmissibility

(CT:VISA-566;   04-06-2018)

a. (U) T visa applicants may be granted waivers of 212(a) ineligibilities under one of two waiver authorities:  INA 212(d)(13) or INA 212(d)(3)(B).

b. (U) INA 212(d)(13)USCIS may approve a waiver under the special waiver authority relating to T visa applicants provided for in INA 212(d)(13).  See 8 CFR 212.16.  The decision to grant a waiver under INA 212(d)(13) for T visa applicants is within the exclusive authority of the Secretary of Homeland Security.  Thus, consular officers should advise T visa applicants that they may apply directly to USCIS for a waiver. 

c.  (U) INA 212(d)(3)(B):  In addition to the INA 212(d)(13) general waiver for T visa applicants,  INA 212(d)(3)(B) states that some INA 212(a)(3) ineligibilities may be waived in some instances by the Secretary of the Department of Homeland Security.

9 FAM 402.6-5(F)(6)  (U) Referring Approved T Application to DHS for Reconsideration

(CT:VISA-566;   04-06-2018)

a. Unavailable 

b. Unavailable

9 FAM 402.6-6  (U) Victims of Criminal Activity – U Visas

9 FAM 402.6-6(A)  (U) Statutory and Regulatory Authorities

9 FAM 402.6-6(A)(1)  (U) Immigration and Nationality Act

(CT:VISA-324;   04-07-2017)

(U) INA 101(a)(15)(U) (8 U.S.C. 101(a)(15)(U)); INA 101(a)(50) (8 U.S.C. 1101(a)(50)); INA 204(a)(1)(A)(iii) - (v) (8 U.S.C. 1154(a)(1)(A)(iii) - (v)); INA 204(a)(1)(B)(ii) - (iv) (8 U.S.C. 1154(a)(1)(B)(ii) - (iv)); INA 204(a)(1)(C) - (D) (8 U.S.C. 1184(a)(1)(C) - (D)).

9 FAM 402.6-6(A)(2)  (U) United States Code

(CT:VISA-324;   04-07-2017)

(U) 8 U.S.C. 1367.

9 FAM 402.6-6(B)  (U) Overview of U Visas

(CT:VISA-324;   04-07-2017)

a. (U) The U nonimmigrant classification was created by Congress with the passage of the Victims of Trafficking and Violence Protection Act of 2000 to strengthen the ability of law enforcement agencies to investigate and prosecute certain qualifying crimes including but not limited to domestic violence, sexual assault, and trafficking in persons, while offering protection to alien crime victims in keeping with the humanitarian interests of the United States.

b. (U) The U nonimmigrant classification is available to qualified alien victims of certain criminal activity, without regard to gender, who assist or are likely to be helpful to Federal, State, or local government officials (including judges, prosecutors, law enforcement officials, or authorities with criminal investigative authority) in investigating or prosecuting the qualifying criminal activity.

c.  (U) The Department of Homeland Security (DHS)/U.S. Citizenship and Immigration Services (USCIS) can only grant U nonimmigrant status to 10,000 principal alien victims in each fiscal year.  There is no numerical limit to the U derivative family member categories.

d. (U) 8 U.S.C. 1367 previously prohibited DHS, the Department of State (DOS), and the Department of Justice (DOJ) from disclosing any information outside of DHS, DOS, and DOJ that relates to applicants for or beneficiaries of U nonimmigrant status.  However, in 2013 8 U.S.C. 1367 was amended to allow the Secretary of Homeland Security, the Secretary of State, and the Attorney General, in the discretion of either such Secretary or the Attorney General, to disclose information to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information.

9 FAM 402.6-6(C)  (U) Qualifications For U Nonimmigrant Classification

(CT:VISA-566;   04-06-2018)

a. (U) In order to qualify for the U nonimmigrant classification:

(1)  (U) The alien victim must have suffered substantial physical or mental abuse as a result of having been a victim of a qualifying criminal activity.  USCIS determines whether the harm suffered rises to the level of “substantial abuse;"

(2)  (U) The alien victim must possess credible and reliable information about the criminal activity of which he or she has been a victim. If the victim is under the age of 16 or is incompetent or incapacitated, a parent, guardian, or next friend may possess the information about the crime on the victim’s behalf;

(3)  (U) The alien victim must have been helpful, is being helpful, or is likely to be helpful to a Federal, State, or local law enforcement official, prosecutor, judge, or other authority investigating or prosecuting the qualifying criminal activity. If the victim is under the age of 16 or is incompetent or incapacitated, a parent, guardian, or next friend may assist law enforcement on the victim’s behalf; and

(4)  (U) The qualifying criminal activity must have occurred in the United States (including Indian country and U.S. military installations) or in the territories or possessions of the United States, or have violated a U.S. Federal law that provides for extraterritorial jurisdiction to prosecute the offense in a U.S. federal court.  (For a list of territories or possessions of the United States, see 8 CFR 214.14(a)(11)).

b. (U) Qualifying criminal activity is defined by statute at INA 101(a)(15)(U)(iii) as an activity involving one or more of the following or any similar activity in violation of Federal, State, or local criminal law:

·         Rape;

·         torture;

·         trafficking;

·         incest;

·         domestic violence;

·         sexual assault;

·         abusive sexual contact;

·         prostitution;

·         sexual exploitation;

·         stalking;

·         female genital mutilation;

·         being held hostage;

·         peonage;

·         involuntary servitude;

·         slave trade;

·         kidnapping;

·         abduction;

·         unlawful criminal restraint;

·         false imprisonment;

·         blackmail;

·         extortion;

·         manslaughter;

·         murder;

·         felonious assault;

·         witness tampering;

·         obstruction of justice;

·         perjury;

·         fraud in foreign labor contracting (as defined in 18 U.S.C. 1351); or

·         attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.

c.  (U) The regulations at 8 CFR 214.14(a)(9) provide that the term "any similar activity" refers to criminal offenses in which the nature and elements of the offenses are substantially similar to the statutorily enumerated list of criminal activities.

d. (U) Where the direct victim is deceased due to murder or manslaughter, or is incompetent or incapacitated, and therefore unable to provide information concerning the criminal activity or to be helpful in the investigation or prosecution of the criminal activity, the alien spouse, children under 21 years of age and, if the direct victim is under 21 years of age, parents and unmarried siblings under 18 years of age, will be considered victims of qualifying criminal activity.  (See 8 CFR 214.14(a)(14)(i).)

e. (U) USCIS will consider an alien victim to possess information concerning qualifying criminal activity of which he or she was a victim if he or she has knowledge of the details (i.e., specific facts) concerning the criminal activity that would assist in the investigation or prosecution of the criminal activity.  If an alien victim is under the age of 16 or is unable to provide information due to being incapacitated or incompetent, a parent, guardian, or next friend may possess the information about the crime on the alien victim’s behalf. (See 8 CFR 214.14(a)(7); (b)(3).)

f.  (U) “Helpful” means assisting law enforcement authorities in the investigation or prosecution of the qualifying criminal activity of which he or she is a victim.  The statute imposes an ongoing responsibility on the alien victim to provide assistance, assuming there is an ongoing need for the alien victim's assistance.  This requirement applies to the alien victim while his/her petition is pending and, if approved, while he/she is in U nonimmigrant status. If an alien victim is under the age of 16 or is unable to provide information due to being incapacitated or incompetent, a parent, guardian, or next friend may provide the required assistance. 

g. (U) Alien victims of qualifying criminal activity may apply for U nonimmigrant status with USCIS from either inside or outside the United States. 

9 FAM 402.6-6(D)  (U) Filing the Petition to Request U Nonimmigrant Status

9 FAM 402.6-6(D)(1)  (U) I-918 Petition

(CT:VISA-566;   04-06-2018)

(U) Alien victims must file Form I-918, Petition for U Nonimmigrant Status, concurrently with Form I-918 Supplement B, U Nonimmigrant Status Certification, to request U nonimmigrant status (see 8 CFR 214.14(c)(1)).  The Form I-918 Supplement A, Petition for Qualifying Family Member of U-1 Recipient, may be filed concurrently with the initial Form I-918 submission or at a later date while the principal continues to hold U-1 status.  For information about qualifying members aging out, see 9 FAM 402.6-5(E)(4) above.  The U-1 principal must submit a separate Form I-918 Supplement A for each individual family member.  All Form I-918 petitions are submitted directly to the USCIS Vermont Service Center, regardless of the whereabouts of the U-1 principal or his/her family members.  You may not accept I-918 petitions overseas, even for immediate forwarding to USCIS.  USCIS does not charge a filing fee for Form I-918 petitions or supplements. 

9 FAM 402.6-6(D)(2)  (U) Certification Required

(CT:VISA-566;   04-06-2018)

(U) An alien victim applying for U nonimmigrant status must provide a certification to USCIS from a Federal, State, or local law enforcement official, prosecutor, judge or other authority with the responsibility for the investigation or prosecution of the qualifying criminal activity, demonstrating that the applicant “has been helpful, is being helpful, or is likely to be helpful'' in the investigation or prosecution of the qualifying criminal activity. (See INA 101(a)(15)(U)(i)(III), 8 U.S.C. 1101(a)(15)(U)(i)(III).)  This certification is only provided to USCIS and is considered by USCIS prior to approving the U-1 petition.  Post is not required to evaluate this criteria.

9 FAM 402.6-6(D)(3)  (U) Collection of Ink and Paper Fingerprints at Embassies and Consulates in Support of U Petitions and T Applications

(CT:VISA-566;   04-06-2018)

a. (U) USCIS cannot adjudicate a U nonimmigrant status petition or a T application without first receiving the alien's biometric information for an FBI criminal record check.  All aliens seeking T and U nonimmigrant status who are overseas and between the ages of 14 and 79 receive a Notice of Action requesting fingerprints.  T and U applicants may have their fingerprints taken at a DHS office overseas, a U.S. embassy or consulate, or a U.S. military installation.

b. (U) If there is DHS counter service at post, the alien should be directed to that office for service. 

c.  (U) At overseas posts with no DHS counter service, fingerprints must be taken with ink and card, using the FD-258 Fingerprint Card, in accordance with the instructions provided in 9 FAM 602.2-2(A)(2) paragraph b.  You must not create a "dummy" case in the NIV system to transmit the fingerprints.  The cashier must issue a no-fee receipt using ACRS code 90.   There is no charge to the applicant for the ink and card service.

d. (U) Once the prints have been taken, you must retain the card, seal it in an envelope, stamp it with a consular officer’s stamp across the seal of the envelope, sign across the seal of the envelope to prevent tampering, and mail it via registered unclassified pouch to the USCIS Vermont Service Center at:

Vermont Service Center

Attn: MRD

USCIS/DHS

75 Lower Welden St.

St. Albans, VT 05479-0001

    USCIS will then continue with adjudication of the petition. 

e. (U) Overseas posts with no DHS counter service must provide instructions for T and U applicants needing an appointment for collection of biometrics via public web sites or appointment call centers.  Biometrics are collected before petition approval and prior to the completion of a DS-160 application.  Posts must not require aliens to pay any fees, or complete a DS-160, in order to schedule an appointment for biometrics collection.  At this stage, you should only require applicants to present the USCIS Notice of Action and acceptable proof of identification.  U-1 visa applicants should be able to provide a passport as a proof of identification.  Derivative T- and U-applicants can present either a passport or birth certificate as proof of identification.   If neither can be provided, contact your CA/VO/F analyst for further guidance.

9 FAM 402.6-6(D)(4)  (U) USCIS has Sole Authority to Grant U Nonimmigrant Status

(CT:VISA-566;   04-06-2018)

a. (U) While consular officers may grant U visas to an applicant outside of the United States, the authority to grant U nonimmigrant status rests solely with USCIS.  USCIS approval of a U nonimmigrant status petition is prima facie evidence that the applicant meets the requirements for U classification.  See 9 FAM 402.6-6(F)(1) below.

b. (U) If USCIS finds that the petitioner has satisfied all eligibility requirements for U nonimmigrant status and that any family members are eligible for derivative status, it will grant U nonimmigrant status to the petitioner and derivative family members who are in the United States, unless the annual numerical limit applicable to principal petitioners has been reached.  (See 8 CFR 214.14(c)(5)(i); 8 CFR 214.14(d); and 8 CFR 214.14(f)(6).)

c.  (U) All eligible U-1 petitioners who are not granted U-1 nonimmigrant status solely because of the 10,000 cap are placed on a waiting list and will be granted U nonimmigrant status when new U visas are available at the beginning of the next fiscal year.  If U nonimmigrant status is available for the principal petitioner, USCIS will send a notice of approval on Form I-797, Notice of Action, to the principal petitioner and derivative family members for whom a petition has been filed.  USCIS also sends copies of approved I-797 forms and I-918 petitions to the Kentucky Consular Center (KCC).  KCC creates a record in the Petition Information Management Service (PIMS) and scans the documents into the system.  Cases are not forwarded to particular posts.  U cases can be processed at any NIV-issuing post worldwide.   (See 8 CFR 214.14(c)(5)(i)(A) and (B); 8 CFR 214.14(f)(6)(i) and (ii).)

d. (U) For those principal petitioners and derivative family members who are within the United States, a Form I-94, Arrival and Departure Record, indicating U nonimmigrant status will be attached to the approval notice and will constitute evidence that the petitioner has been granted U nonimmigrant status.  (See 8 CFR 214.14(c)(5)(i)(A) and 8 CFR 214.14(f)(6)(i).)

9 FAM 402.6-6(E)  (U) Admission of Qualifying Family Members

9 FAM 402.6-6(E)(1)  (U) Qualifying Family Members

(CT:VISA-324;   04-07-2017)

a. (U) If the alien victim is under 21 years of age, the victim's spouse, children, unmarried siblings under 18 years of age, and the victim's parents may qualify for derivative U nonimmigrant status.  (See INA 101(a)(15)(U)(ii)(I).)

b. (U) If the alien victim is 21 years of age or older, his or her spouse and unmarried children may qualify for derivative U nonimmigrant status.  (See INA 101(a)(15)(U)(ii)(II).)

c.  (U) If the family member was the person who committed the crime against the alien victim, that family member is ineligible for derivative status.  (See 8 CFR 214.14(f)(1).)

9 FAM 402.6-6(E)(2)  (U) Classification of Family Members

(CT:VISA-324;   04-07-2017)

a. (U) An alien victim who has petitioned for or has been granted U-1 nonimmigrant status (i.e., principal alien) may petition for the admission of a qualifying family member in a U-2 (spouse), U-3 (child), U-4 (parent of a U-1 alien who is under 21 years of age), or U-5 (unmarried sibling under the age of 18 of a U-1 alien who is under 21 years of age) derivative status, if accompanying or following to join such principal alien.

b. (U) To be eligible for U-2, U-3, U-4, or U-5 nonimmigrant status, it must be demonstrated that:

(1)  (U) The U-1 principal is still in U-1 status or has adjusted status and become a Legal Permanent Resident (LPR) (check PCQS), and the qualifying family member had, prior to the U-1's adjustment of status to LPR, previously been accorded derivative U nonimmigrant status in the United States.  No derivative U visa may be issued if the U-1 principal’s status terminated or expired.   

(2)  (U) The alien for whom U-2, U-3, U-4, or U-5 status is being sought is a qualifying family member (as defined in 8 CFR 214.14(a)(10));

(3)  (U) The qualifying family member is admissible to the United States; and

(4)  (U) U-3 derivative children applicants are unmarried at the time the visa is issued.

(U) 9 FAM 402.6-6(E)(3)  (U) Age-out Protection

(CT:VISA-324;   04-07-2017)

a. (U) Trafficking Victims Protection Reauthorization Act (TVPRA) 2013 provided age-out protections for U visa derivatives.  Unmarried U visa applicants who filed their petitions before they turned 21 remain eligible for the visa after they turn 21.

b. (U) Age-out protection is retroactive.  Any beneficiary who filed their petition before they turned 21 and is now older than 21, and was only denied the visa because of their age are now eligible.

c. (U) Derivatives who retain visa eligibility beyond their 18th or 21st birthday must remain unmarried to be eligible for this visa.  If the beneficiary marries before the visa is issued, they will no longer be eligible.

9 FAM 402.6-6(E)(4)  (U) Parental Consent for Minors

(CT:VISA-324;   04-07-2017)

(U) You should not require the U-1 principal to appear at the derivative child’s interview.  You may approve a U visa for a child without evidence of consent by a non-appearing parent.  You may consider the fact that the child has been issued a passport as evidence of consent from the non-appearing parent.  If you feel that consent is warranted, you may consider a letter of consent from a non-appearing parent as evidence of consent.  You are not required to verify custody by the petitioning parent and should not require such documentation for visa issuance.  However, if consent from a parent is in doubt, contact CA/VO/F for guidance.

9 FAM 402.6-6(F)  (U) Processing U Visa Applicants Overseas

9 FAM 402.6-6(F)(1)  (U) General Procedures for U Visas

(CT:VISA-630;   07-12-2018)

a. (U) Although U visas provide a path toward obtaining lawful permanent residence, they are still processed as petition-based nonimmigrant visas.  Applicants must apply using the DS-160, selecting the “U” visa classification, and must be able to schedule interview appointments using the same website or call center as other petition-based nonimmigrant visas (to ensure uniform worldwide guidance).  Posts may not perform any U visa processing using IVO software, as this creates inaccurate workload statistics and hinders case tracking in Consular Consolidated Database (CCD).

b. Unavailable

(1)  Unavailable

(2)  (U) Relationship exists. Unless the applicant is the U-1 principal, he/she must provide satisfactory evidence of his/her relationship to the U-1 principal.  You must employ the same evidentiary standards in place for family-based immigration cases.

(3)  (U) Unless the applicant is the U-1 principal, confirm through PCQS that the U-1 principal is still in U-1 status. You may not approve a U nonimmigrant visa for a qualifying family member after the U-1 principal adjusts to LPR status unless the qualifying family member has previously held derivative U nonimmigrant status in the United States.  (See 9 FAM 402.6-6(H).) 

(4)  (U) All inadmissibilities have been waived.  See 9 FAM 402.6-6(F)(2) below.

c.  (U) Remember that INA 101(a)(15)(U) does not require that an individual have a foreign residence which he or she has no intention of abandoning to qualify for a U visa.  You therefore cannot refuse a U visa applicant under INA 214(b) for failure to demonstrate ties to a foreign residence.

d. Unavailable

e. (U) However, you must not re-adjudicate U nonimmigrant status granted by USCIS, or attempt to make a determination of whether the criminal activity involved amounts to qualifying criminal activity for the purposes of Form I-918 petition approval.  If USCIS has approved the I-918 petition, you may not require applicants to provide the I-918 Supplement B and supporting evidence submitted to USCIS (these materials are also unavailable in PIMS).  Previous immigration violations and criminal convictions on the part of the U-1 principal are only relevant if the principal is applying for the U-1 visa overseas, or if you have evidence that USCIS was unaware of when they approved the I-918 petition.  You must not delay issuance of derivative U visas to qualifying family members by requiring proof that USCIS waived the principal’s ineligibilities prior to petition approval when the U-1 principal’s status was already granted in the United States and is not being applied for overseas.

f.  (U) You also must not interview the petitioner or beneficiary about the specific details of the criminal activity, the principal’s victimhood, or the principal’s helpfulness and cooperation with law enforcement, which formed the basis of the principal’s qualification for U visa status.  Likewise, a family member’s unawareness and unfamiliarity with the criminal act of which the principal was a victim cannot form the basis of a recommendation to revoke. You must not disclose details about the principal’s victimhood to family members because family members may not know about the crime and such awareness may jeopardize the victim’s safety.  For example, victims of rape in some cultures are shunned and blamed by husbands. Thus, the victim may have intentionally not disclosed the crime to her husband.

g. Unavailable 

9 FAM 402.6-6(F)(2)  (U) Waiver of Inadmissibility

(CT:VISA-566;   04-06-2018)

a. (U) If you discover any inadmissibilities, you must enter the appropriate refusal code(s), regardless of whether USCIS waives the inadmissibilities.  If USCIS has not waived all ineligibilities via Form I-192, you must inform the applicant if a waiver is available and refuse the application under INA 221(g), pending the waiver.  You may find the waiver validity dates on the last page of the I-192 in PIMS.  If PIMS does not yet contain the scanned Form I-192, send an email to PIMS@state.gov. 

b. (U) A petitioner must file Form I-192 directly with the USCIS Vermont Service Center, to apply for a waiver of inadmissibility.  All inadmissibilities must be explicitly waived by USCIS prior to issuing the visa.  If, at the time of the interview, an inadmissibility ground exists and USCIS has not yet waived it via Form I-192, the U petitioner will have to file a Form I-192 with USCIS for that inadmissibility.  Once USCIS has waived all ineligibilities via Form I-192,and the petitioner is otherwise eligible for a U visa, you must issue the visa for the duration stated on the last page of the I-192 in PIMS, or the I-797 approval notice.  Do not submit CLOK Deletion requests for U visa applicants based on an approved waiver of ineligibility (see 9 FAM 303.3-4(D)(2)).

c.  (U) Under the Battered Immigrant Women Protection Act of 2000 (BIWPA), the Secretary of Homeland Security has the discretion to waive any ground of inadmissibility with respect to U nonimmigrant beneficiaries, except the ground applicable to participants in Nazi persecutions, genocide, acts of torture, or extrajudicial killings.  (See INA section 212(d)(14).)  However, the Secretary of Homeland Security first must determine that such a waiver would be in the public or national interest.

d. (U) If a waiver is available, you must inform the applicant that he or she must file the Form I-192 application with USCIS and refer the applicant to the USCIS website..  The authority to waive ineligibilities for U visa applicants rests solely with USCIS at the Vermont Service Center's VAWA Unit.  Post cannot recommend or decline to recommend a waiver; however, the VAWA Unit may not be aware of all of the derogatory information related to a U visa applicant, and will consider any derogatory information post wishes to provide when processing waivers.  Include all information in your case notes.  You may also provide this information to the USCIS Vermont Service Center by email: LawEnforcement_UTVAWA.VSC@uscis.dhs.gov.   USCIS considers all information it has available when making decisions on waivers, and takes into account serious criminal activity by U applicants that might create further victims if a waiver was granted.

e. (U) If no waiver is available, you must enter the appropriate refusal code(s) and return the case with an explanatory memo to the USCIS VAWA Unit, via KCC.

f.  (U) Exempt from Public Charge: U visa applicants are exempt from INA Section 212(a)(4).

g. (U) Passport Waivers: A U visa may be placed in a Form DS-232, Unrecognized Passport or Waiver Cases, only in very rare circumstances.  (See 9 FAM 403.9-3(D).)  Passport waivers are most often sought for children whose biological parents are unavailable or unwilling to apply for a minor’s passport.  You should collect guidance from local passport issuing authorities and family courts about procedures required of guardians or custodians to obtain passports for such children, and provide this information to applicants who claim they cannot obtain passports.

9 FAM 402.6-6(G)  (U) Validity, Fees, and Reciprocity

(CT:VISA-324;   04-07-2017)

a. (U) U visa applicants are required to pay the MRV fee, as prescribed in the current Schedule of Fees, and any applicable reciprocity fees. You do not have authority to waive any fee established in the Schedule of Fees except to the extent that the Schedule itself authorizes the waiver. All exemptions are noted in the Schedule. There are no exceptions to the noted exemptions.  Requests for MRV fee waivers, including requests from members of Congress or other government agencies, must be politely declined if the waiver is not clearly authorized by the Schedule of Fees.

b. (U) U visas must be issued for multiple entries, with an expiration date corresponding to the Reciprocity Table or the petition validity, as listed in PIMS, or the Form I-797, Notice of Action; whichever is less.

9 FAM 402.6-6(H)  (U) Travel Outside the United States

(CT:VISA-630;   07-12-2018)

a. (U) Aliens who were accorded U nonimmigrant status in the United States by USCIS are not required to obtain advance parole before traveling outside of the United States.  However, in order to return to the United States in U nonimmigrant status, such aliens must obtain a U nonimmigrant visa for readmission to the United States.

b. (U) They also should keep in mind that if they accrued more than 180 days of unlawful presence prior to obtaining U nonimmigrant status, they may trigger the unlawful presence bar upon departing from the United States and be found inadmissible upon their return to the United States.  (There are exceptions to the unlawful presence bar. See INA 212(a)(9)(B).)  If an alien accorded U nonimmigrant status is inadmissible under INA 212(a)(9)(B) or INA 212(a)(9)(C), he or she may apply to have the inadmissibility waived by filing Form I-192 with the USCIS Vermont Service Center.  See 9 FAM 402.6-6(F)(2) above.  USCIS will only accept and adjudicate a Form I-192 based on inadmissibility due to unlawful presence if the alien has left the United States and is now seeking to return.  USCIS will not accept and adjudicate Form I-192 from an alien who has not yet departed from the United States and therefore has not triggered INA 212(a)(9)(B) inadmissibility.

c.  (U) If a U derivative applies for a visa for readmission to the United States, and PCQS shows the U-1 principal is no longer in U-1 status because their status has expired or was terminated, no U derivative visa can be issued as there is no longer a U-1 principal.

d. (U) If the U derivative, who has previously been accorded derivative U nonimmigrant status in the United States, departs the United States and applies for a visa for return to the United States in U status and the U-1 principal has adjusted status and become a Legal Permanent Resident (LPR) as verified in PCQS, you may issue a renewal U visa.  You may not, however, approve any U nonimmigrant visa for a qualifying family member after the U-1 principal adjusts to LPR status, unless the qualifying family member has previously held derivative U nonimmigrant status in the United States.

9 FAM 402.6-6(I)  (U) Maximum Stay in U Nonimmigrant Status

(CT:VISA-566;   04-06-2018)

a. (U) INA 214(p)(6) limits the authorized period of U nonimmigrant status to not more than four years, but provides for extensions in limited circumstances (see 8 CFR 214.14(g) and INA 214(p)(6).

b. (U) USCIS will grant admit a derivative family member for an initial period that does not exceed the expiration date of the U-1 principal alien's initial period of admission.  However, because the derivative U nonimmigrant must have three years of continuous physical presence in the United States and be in U nonimmigrant status at the time of filing for adjustment of status under INA 245(m), the derivative U nonimmigrant may request an extension of derivative status to accrue sufficient continuous physical presence in derivative U nonimmigrant status to qualify for adjustment of status.  USCIS may approve an extension of status for the derivative U nonimmigrant beyond the date of expiration of the U-1 nonimmigrant's status if processing of the derivative alien's visa application was delayed and, without an extension, the family member would be unable to meet the three year requirement under 245(m).

9 FAM 402.6-6(J)  (U) Nonimmigrant Status to Permanent Resident Status

(CT:VISA-324;   04-07-2017)

(U) Section 1513(f) of the BIWPA, INA 245(m) provides DHS with discretion to adjust the temporary U nonimmigrant status to permanent resident status if:

(1)  (U) The alien is not inadmissible under INA 212(a)(3)(E);

(2)  (U) The alien has not unreasonably refused to provide assistance to a law enforcement agency investigating or prosecuting the qualifying criminal activity;

(3)  (U) The alien has been physically present in the United States for a continuous period of at least three years since the date of admission as a U nonimmigrant; and

(4)  (U) DHS determines that the “alien's continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest.”

9 FAM 402.6-6(K)  (U) Form I-929, or “SU” Immigrant Visas

(CT:VISA-324;   04-07-2017)

a. (U) You may not approve any U nonimmigrant visa for a qualifying family member after the U-1 principal adjusts to LPR status, unless the qualifying family member has previously held derivative U nonimmigrant status in the United States.  (See 9 FAM 402.6-6(H).)  Instead, you must refuse the case under INA 214(b) (however, do not give the applicant a standard 214(b) refusal letter).  You must add appropriate case notes, but you do not need to send any documentation back to USCIS.

b. (U) If a U-1 principal wishes to file for follow-to-join derivatives who have never held U nonimmigrant status in the United States after adjusting to LPR status, he/she must file a Form I-929 petition.  USCIS adjudicates the I-929 petitions and forwards them to the National Visa Center (NVC) for processing.  After the SU beneficiaries become documentarily qualified, pay all appropriate IV fees, and schedule a visa interview, NVC will forward their petitions to posts' IV units for processing.  The SU category is not numerically limited, so there is no wait time associated with it.  If approved, these relatives will follow to join their LPR relative immediately.

c.  (U) SU applicant interviews should be scheduled like other IV cases.  Posts may not perform any SU visa processing using NIV software, as this creates inaccurate workload statistics and hinders case tracking in CCD.

d. (U) Unlike U-3 cases, there is no age-out protection for SU-3 (child) follow-to-joins.  SU-3 beneficiaries must have his/her visa issued – and must enter the U.S. – prior to his/her 21st birthday.  You must process SU-3 cases as quickly as possible when they are close to aging out. 

e. (U) If an SU-3 ages out, you must refuse the case under INA 212(a)(5)(A) and add appropriate case notes.  You do not need to send any documentation back to USCIS.

f.  (U) All other IV requirements (medical, police certificate, etc.) must be met, except for the Form I-864, Affidavit of Support.  INA 212(a)(4)(C) and (D) do not apply to these cases.  Therefore, you must not require Form I-864 or Form I-864-W.

9 FAM 402.6-6(L)  (U) Revocation of U Nonimmigrant Status

(CT:VISA-566;   04-06-2018)

Unavailable