Legal Waiver Prosecution - PowerPoint by ntt21136

VIEWS: 300 PAGES: 111

More Info
									   Fostering Collaboration:
 Advocates and Government
Officials Working Together To
      Help U-Visa Victims


      OVW Grantee Training
       Lexington, Kentucky
       November 12, 2007
National Network to End Violence
   Against Immigrant Women
  Legal Momentum: Advancing Women‟s Rights
  Immigrant Women Program
  (202) 326-0040, iwp@legalmomentum.org

  ASISTA: Technical Assistance Project
  Gail Pendleton, Sonia Parras Konrad, Maria Jose Fletcher
  (515) 244-2469, questions@asistaonline.org

  Family Violence Prevention Fund
  Leni Marin
  (415) 262-8900 x16, leni@endabuse.org
      Materials Overview

• Manual
• CD
       Learning Objectives
• Foster collaboration between
  government officials and advocates on
  U visa certification
• Build skills in preparing U visas
• Understand why U visa access is
  important for
  – Victim safety
  – Criminal investigations and prosecutions
    How collaboration helps
            victims
• Models for collaboration – Introduction
• Overview of the training
Immigrant Victims &
The Violence Against
Women Act -- History
 The Immigration Marriage
 Fraud Act of 1986 (IMFA)
• Presumption that all marriages
  were fraudulent
• Imposed conditional residency
• Required joint petition
• Battered Spouse Waiver -- A pre-VAWA
  attempt to help battered immigrants
• Did not help anyone whose spouse
  never filed
What Could Battered Immigrants
   Expect for Help in 1993?
• Abusive spouses with legal immigration
  status had total control over the their
  spouses and children
  –Lock victims in abusive
   relationships
  –Keep victims from calling police or
   seeking help
  –Avoid prosecution
   VAWA 1994 -Immigration
• VAWA self-petitioning battered spouses
  and children of
  – U.S. citizens and
  – Lawful permanent residents
• VAWA suspension of deportation
  – Defense against deportation
• VAWA credible evidence standard
• Connection with VAWA goals
  – Improve victim safety and
  – offender accountability
• Stories
            VAWA 2000

• Allowed battered immigrants to obtain
  lawful permanent residency without
  having to leave the United States
• Helped spouses of military and state
  department employees
• Help for battered immigrants not
  covered by VAWA
• Domestic Violence Victim Waiver
        Domestic Violence Victim
                Waiver
• Congressional recognition that some victims will have convictions
• Ongoing problem despite VAWA 1994 legislation (e.g.dual arrests,
  mutual protection orders)
• If self-defense
    – Required to look behind state court ruling and independently
      decide
• Violated own protection order
• Domestic violence related crime
    – Look to relationships not characterization of crime in state court
      case
• Limitations
    – Not primary perpetrator
    – No serious bodily injury
   VAWA 2000 Brought Further
    Help for Immigrant Victims
• U-visa immigration protections for
  immigrant victims left out of VAWA 1994
• Help for immigrant sexual assault victims
• T visa for victims of human trafficking
     Understanding Behind
        U and T visas
• If victims are too afraid to come forward
  -- No prosecutions
• Deportation no longer a tool in the
  hands of perpetrators
• Need cooperation in investigations
  – Not only prosecutions
   Congress recognized that

• Prosecutions are also affected by
  circumstances beyond victim‟s control
• Key is her willingness to be or having
  been helpful to police and prosecutors
• Role of certification
  – Provide expertise on crimes
  – Verify helpfulness
“Investigation OR Prosecution” Used to
Assure Access to T and U Visas When:
• Prosecutor
     •   Drops the case
     •   Never brings charges
     •   Decides not to call visa victim as a witness
     •   Rapist cannot be served with a warrant
• Police
     • violate search and seizure laws
• Court
     • Dismisses the case
     • Perpetrator acquitted
   VAWA 2005 immigration
   relief to more DV victims
• In addition to the U visa option the
  following victims can newly self-petition
• Child abuse and incest victims have
  until age 25 to file VAWA self-petitions
• Elder abuse victims abused by USC
  son/daughter can self-petition
• SIJS – no contact with abusive parent
• Adopted kids – no 2-year custody
        Reason VAWA Works for
           Immigrant Victims
• Interconnectedness of immigrant victims needs
• Access to legal immigration status removes
  deportation barrier
• Brings legal work authorization, a path to economic
  independence
• When immigrant victims no longer fear deportation
  and have access to a means for economic survival
• They have dramatically increased access to all other
  programs, services and protections designed to help
  victims of violence against women
• More likely to be able to safely choose to assist in
  prosecution of her abuser
   U Visa

   Basics

Gretchen Hunt
Walter Laramie
       Immigrant Crime Victim
            Visas (“U”)
• What is it?
• Legal immigration visa for victims of listed
  criminal activity who are willing to be helpful
  in an investigation or prosecution
• Good for four years
   – Extension authorized w/certification that needed to
     assist in investigation or prosecution
• With employment authorization
• May lead to permanent residency
Crime Victim (“U”) Visa Requirements
• Substantial physical or emotional abuse from
  criminal activity
• Possesses information about criminal activity
  – If victim under 16 on date of crime (parent,
    guardian or next friend may possess information)
• Criminal activity must have occurred in U.S.
  or otherwise violate U.S. law
• Certification from government official (signed
  in the past 6 months) stating that victim has
  been, is likely to be or is being helpful to an
   – Investigation or prosecution of criminal
     activity
What crimes are covered under
         the “U” visa?
•   Rape                •Involuntary
•   Torture             servitude
                        •Slave trade
•   Trafficking
                        •Being held hostage
•   Incest              •Kidnapping
•   Domestic violence   •Abduction
•   Sexual assault      •Peonage
•   Prostitution        •False Imprisonment
•   FGM
Crimes Covered -- Continued
•   Blackmail      •Witness tampering
                   •Obstruction of justice
•   Extortion      •Perjury
•   Manslaughter
•   Murder         •Attempt, conspiracy or
                   solicitation to commit
•   Felonious      any of these crimes
    assault
Enumerated crimes non-exclusive
• Includes criminal activities where the
  nature/elements of the offense are
  substantially similar
• Wide variety of state/federal criminal statutes
• Victim qualifies to U-visa even when:
  – Criminal activity that qualifies for U-visa protection
    may occur during the commission of another
    crime not listed
  – Prosecutors/police charge perpetrator for non-
    listed crime
• Example: Investigating embezzlement or drug
  offense and discover that the perpetrator also
  abusing his wife (DV victim qualifies)
Who might be helped by
     the U Visa?
Why “Criminal Activity” and not limited to “Crimes”?
• U visa protection available even when:
   – Investigation does not result in prosecution
   – Victim helpful in investigation does not testify at
     trial
   – Abuser eludes arrest
   – Criminal case dismissed
   – Victim comes forward makes report and police or
     prosecutors decide not to prosecute
   – Prosecution but no conviction
   – Victim of listed criminal activity but another crime
     prosecuted
   – Prosecution cannot take place (diplomats, no
     extradition)
   Evidence to Prove that
Applicant is a Victim of U-Visa
   Listed Criminal Activity
  “Physical or Mental Abuse”

• Injury or harm to the victim‟s physical
  person
• Impairment of the emotional or
  psychological soundness of the victim
      What is substantial physical or
            emotional abuse?
• Decided based upon each individual‟s experience
• Case-by-case determination using these factors:
   – nature of the injury inflicted or suffered;
   – severity of the perpetrator‟s conduct;
   – the severity of the harm suffered;
   – the duration of the infliction of harm;
   – permanent or serious harm to victim‟s
      • appearance,
      • health,
      • physical, and mental soundness
Substantial Abuse (continued)

 • No one factor is required
 • Can include pre-existing conditions
 • Can consider the severity of the
   perpetrator‟s conduct even if the actual
   impact is less than intended by the
   perpetrator
        Evidence to Prove:

• Physical abuse or injury
• Severity of perpetrator‟s conduct
• Emotional abuse or injury
    Who can file as a “direct
   victim” of criminal activity ?
• As a result of U-visa listed criminal activity
   – Person has suffered direct harm
   – Person is proximately harmed
• Bystanders who can qualify only if
   – Suffered unusually direct injury as a result of a U-
     visa listed crime (e.g. miscarriage)
   – Decided on case-by-case basis
   – Can include family members of citizen or lawful
     permanent resident crime victims
• Victims can offer U-visa protection for certain
  family members
           Indirect Victims
•  Murder, manslaughter cases or
•  Incompetent or incapacitated victim
•  Indirect Victim of an adult:
  – spouse,
  – children under 21 years of age
• Indirect Victim of an under 21 year old
   victim at the time of the crime:
  – parents and
  – siblings under age 18
• Many indirect victims may also be entitled
   protection as family members of victims
Witness Tampering, Obstruction
of Justice, Perjury - Perpetrator
• Avoids or frustrates the efforts to
   –   Investigate
   –   Arrest
   –   Prosecute
   –   Or otherwise bring to justice
• Manipulates/uses the legal system to abuse,
  exploit or impose control over victim
• Victim directly or proximately harmed
• Crimes independent of other listed crimes
 What protection is there for
family of U Visa applicants?
• Adult victims:
   – Spouse
   – Children
• Victims under 21 at time of criminal activity
   –   Spouse
   –   Children
   –   Parents
   –   Unmarried siblings under 18 (at the time of filing)
  U-visas for family members of
          crime victims
• Children include those born after U-visa
  approval
• Cannot include the perpetrator
• No need to show extreme hardship
• No need for separate certification from
  prosecutor
            Who can certify?
•   Police officer
•   Prosecutor
•   Judge
•   Immigration Officer
•   Other authority with responsibility for
    investigation or prosecution of criminal
    activity
 Other Federal, State or Local
          Agencies
• Agencies with criminal investigative
  jurisdiction
• In areas of expertise
• Including but not limited to
   – Child Protection Services Worker
   – EEOC
   – Department of Labor
“Investigation or Prosecution”
           Includes:
•   Detection
•   Investigation
•   Prosecution
•   Conviction
•   Sentencing
What other kinds of agencies
    might be included?
       What is certification?
• Required part of U-visa application
• Signed by the head of agency OR
• Designated supervisor
  – Any persons in supervisory role
  – Anticipates multiple designated supervisors
• Certification includes that
  – U-visa criminal activity occurred (cite
    violation of U.S./state/local law)
  – Victim has has been, is being,likely to be
    helpful
What steps might you take to
work with certifying agencies
    in your community?
•   Police
•   Prosecutors
•   Judges
•   Others
          Criminal waivers
• Waivers available for violent or
  dangerous crimes or security related
  issues
  – DHS discretion to grant waiver in
    extraordinary circumstances
  – No waiver for genocide, torture,
    extrajudicial killing or Nazis
• Victims must file waiver request with
  evidence that waiver is in the public or
  national interest
               Culpability
• Victims cannot be culpable for the same
  incident of criminal activity being
  investigated or prosecuted for which
  they are seeking U-visa protection
  – “This exclusion does not apply to an alien
    who committed a crime other than the one
    under investigation or prosecution, even if
    the crimes are related.”
          Application Process
• Filed with Vermont Service Center
• Limit of 10,000 principal visas per year
   – (placed on wait list for next year if cap met)
• Seek permanent residency after three years of
  physical presence. Must show grounds of
   – Public interest,
   – Family Unity or
   – Humanitarian need AND
   – Victim cannot unreasonably refused to cooperate
     Other Important Issues
• Grant of U-visa leads to termination of
  any removal case against victim
• Victims can file from abroad directly at
  Vermont VAWA Unit
Collaboration and relationship
building with ICE and Border
            Patrol

      Karen Saunders
 Assistant Agent In Charge
       Border Patrol
 Issues Regarding Reporting
   Abusers to Border Patrol
• Deportation instead of prosecution not
  necessarily a deterrent.
• In domestic violence cases many
  abuser return and are fearless because
  were never prosecuted
• Chilling effect on reporting of domestic
  violence in immigrant communities
        Effects of Removal
• Benefits
     • Removal of criminal element
• Disadvantages
  – Financial
  – Immigration status effect on victim
  – Family dissolution
  – Border Illusion
  – Emotional
                Border Illusion



                          Immigration Hold and
PD Arrest and                   Removal
Conviction




        International Boundary
           The Border Illusion
• Deportations provide false sense of security for
  victims of domestic violence
• Most removals are administrative procedures
• Perpetrators are likely to return illegally
• 90 % of DV cases are pled down to misdemeanors
• Felony conviction and prison time is needed for
  Immigration Prosecution under AUSA guidelines
   – 8 USC 1326: Illegal re-entry after removal of Aggravated
     Felon
   – Up to 20 years if convicted
    Areas Where DHS and
  Community Can Collaborate
• Learn to identify immigrant victims
  – Domestic violence
  – Sexual assault
  – Other U visa listed crimes
• Know community resources to help
  immigrant victims
• Be familiar with legal immigration
  options for immigrant victims
     Avoid being used by the
             abuser
• Be wary if the person making the call appears
  to be a spouse, parent or family member
• Do not act on tips that an undocumented
  immigrant can be found at a
  – Shelter
  – Victim services program
  – Courthouse – particularly family or protection order
    court
VAWA Confidentiality
     History of VAWA 1996
    Confidentiality Protections
• Despite VAWA immigration protections
  perpetrators were --
• Able to stalk victims using immigration authorities
• Convincing government personnel to disclose
  information about VAWA cases to abusers;
  endangering victims
• Providing information that undermined victim‟s
  immigration case and/or resulted in her
  immigration arrest, detention, deportation
• Triggering arrests and enforcement actions at
  courthouses, shelters
Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996 --IIRAIRA
 • VAWA confidentiality
   – Prohibited reliance on abuser/family member
     provided information in any case without
     regard to whether the victim immigration relief
     eligible
   – Prohibited on use and disclosure of
     information in VAWA immigration case
   – Disciplinary sanctions and fines
       VAWA Confidentiality

•   DHS cannot disclose regarding any of the
    following VAWA protected cases to anyone
    – VAWA self-petition
        • VAWA HRIFA
        • VAWA Cubans
        • VAWA NACARA
    – T visa
    – U visa
    – Battered spouse waiver
•   including the existence of the case
               VAWA 2005

• Enacted January 5, 2006 - significant
  changes to the forms of relief available to
  immigrant vicitms
• Required that immigration enforcement
  actions not be taken at specified locations
  without certification that victim safety and
  confidentiality provisions were not violated
• Added penalties for violations of mandatory
  certifications
         Locational Prohibitions
• Immigration judge to dismiss case if any part
  of an enforcement action occurs at
    –   A shelter
    –   Rape crisis center
    –   Supervised visitation center
    –   Family justice center
    –   Victim services program or provider
    –   Community based organization
    –   Courthouse in connection with any
         • Protection order case, child custody case, civil or criminal
           case involving or related to domestic violence, sexual
           assault, trafficking, stalking
•
       Mandatory training:

• DHS officers should not undertake
  enforcement at these locations
            DHS Explanation
• 8 U.S.C. § 1367 (commonly referred to as the
  §384 confidentiality provision) prohibits disclosure
  of ANY information relating to an alien who is a
  VAWA self petitioner, VAWA cancellation, T or U
  visa applicants. The prohibition remains in effect
  until “the application for relief is denied and all
  opportunities for appeal of the denial have been
  exhausted.”
Sec. 287(g) Added By IIRAIRA
 With VAWA Confidentiality
• Allows state/local law enforcement to
  “perform functions of immigration officer”
• They are to “perform the function of an
  immigration officer”
• “Have knowledge of, and adhere to”
  federal immigration laws
  – All NOT Some
• Subject to sanctions for VAWA
  confidentiality violation in the same
  manner at DHS employees
       Violations-Sanctions
• Consequences of violations
• Each violation
   – Disciplinary action and/or
   – $5,000 fine for the individual
• Dismissal of the immigration proceeding against the
  non-citizen
• Violations include
   – Seeking or using information from a prohibited source
   – Disclosing or permitting disclosure of information in or
     about any VAWA, T or U visa case
   – Making a false certifications in a Notice to Appear
         Limited Exceptions
• Legitimate law enforcement purpose
• Statistical purposes and Congressional
  oversight (without identifiers or locational
  information)
• Public benefit application purposes
• Judicial review in a manner that protects
  confidentiality
• After prior written consent to waive
  confidentiality by victim, including for
  purposes of referral to victim and legal
  services
• To federal prosecutors to comply with
  constitutional obligations
Protection afforded to information
 released through any exception
• Agencies receiving information “whether
  governmental or nongovernmental are
  governed by the confidentiality provisions and
  restrictions set out in 8 U.S.C. 1367” (VAWA
  confidentiality)
• “In addition to DHS, it applies to family court
  officers, criminal court judges, and law
  enforcement officers”
• Thus agencies subject penalties for violation
  (including fines and dismissal of case against
  the immigrant victim)
 VAWA Confidentiality Violation –
   Red Flags (Case Examples)
• Enforcement actions occurred at
  – Courthouse
  – Shelter
• Release of protected information
  – ICE officer gave abuser victim‟s “A” number and
    allowed him to make copies of the victim‟s U visa case
    file
  – VAWA cancellation case information was given on
    court‟s taped information system allowing abuser to
    track down the victim at court.
  – Tapes from victims‟ VAWA cancellation case released
    to abuser‟s attorney
   Red Flag– Case Examples
          Continued
• Use of abuser provided information
  – ICE officer relied upon information
    provided by a USC batterer and child
    abuser to issue an NTA and seek arrest of
    his alien spouse who was in hiding with
    their children at a shelter.
  – Abuser repeatedly went to ICE office to
    report his wife as an overstay. ICE arrested
    his abused wife who was ultimately
    released granted legal immigration status.
           HQ Guidance

• All enforcement actions (including
  mailing an NTA) at a sensitive location
  should be cleared though the local ICE
  Office of Chief Counsel
• This provisions applies to all
  enforcement actions taken on or after
  February 5, 2006.
Working with Immigrants and
         U-Visas

     Officer Miguel Rodriguez
     Officer Shannon Gahafer
 A Model for Developing Trust
  From Community Policing
• With Immigrant Community
• Getting to know the community
• Providing information to protect victims
  of crime
• Providing a tool for Officers to be able to
  assist immigrant community
     Population Estimate
• Immigrant population in Lexington-
  Fayette Urban County has been
  estimated as high as 40,000 people

• Total population 270,000 people

• Over 150 languages in the Kentucky
  public school system
Improving Language Access to Police

• Prior to mid 1990‟s the Immigrant
  population in Lexington was seasonal.
• Due to a thriving local economy and
  very low unemployment rate Lexington
  became an attractive area for
  individuals looking for jobs.
• In the mid 1990‟s workers brought their
  families and began to settle in this
  community.
History of Language Program
• Signs of a permanent Immigrant
  population
• Police contacts with Immigrants grew
  rapidly (Victims, perpetrators, witnesses
  etc.)
• Police lacked language and cultural
  skills to provide quality service
         Classroom Work

• During the Classroom Portion the
  Students Learn:

• Language Instruction

• Cultural Awareness
        Cultural Awareness

• Students are exposed to Latino Culture
  through lectures, guest speakers and
  discussions

• Students acquire a heightened
  sensitivity to the Latino Culture
         Lessons Learned

• Officer‟s safety is heightened

• A stranger in a strange land

• Communication (Two ways)
 Advance Language Program

• 2001 Winner
   Weber Sevey Award From IACP

• 2005 Finalist
  Innovations in American
  Government Awards From Harvard
  University
  Other Efforts To Build Trust
    With Immigrant Victims
• Spanish literature such as awareness
  pamphlets and information sheets

• Spanish answering machine for the
  administrative desk

• Participating in activities with the Latino
  Community
      Getting The Word Out

• Obstacles

• Partnerships

• Building Trust
Officer Rodriguez‟s Card
How Media is Used to Reach
    Immigrant Victims
• Monthly Spanish Radio Show
  (Radio Vida 1440 AM)
• Monthly Spanish/English Column on
  newspaper (La Voz)
• Public Announcement in Spanish for
  Radio and Television
        Benefits Vs. Cost
• The program will enhance community
  relations
• Increases interaction and
  communications
• Increases understanding of cultural
  differences
Benefit of Outreach Programs
    to Immigrant Victims
• Give officers a new skill and insight
• Enhances officer‟s safety
• Creates an opportunity for interaction
  with the community
    U visa Certification experiences

•   Collaboration
•   What agencies
•   Understanding of U visa
•   Relationships with Non-Gov Agencies
•   Providing certifications
      Building Relationships
•   Legal Services

•   Community Groups

•   Immigrants Rights Community Centers
My First Case
       Practical Exercises

• Based on our experiences with U visa
  Certifications
              Best Practice

• Research the case

• You or your agency are or will have been
  responsible for overseeing the investigation

• Contact the victim and/or attorney; if
  necessary

• Sign the certification
Questions and Answers
  Officer M. Rodriguez
    Officer S. Gahafer
150 E. Main St./ CLEAR Unit
    Lexington, KY 40507
     mrodrigu@lfucg.com
         859-258-3600
         859-425-2384
U-Visa Certification: From
  an Victim Advocate’s
       Perspective


      Monica Castillon
      Victim Advocate
             Introduction

•   Who
•   What
•   Where
•   Why I do what I do
  How U-visa certifications are
handled in our prosecutors office:


    Who is responsible for filling out
      certification application?
  Strategies with Prosecutors

• How to explain the U visa to
  prosecutors
             Hypothesis
• Herstory
• Case synopsis
• How getting U-Visa work permit can
  change her life
• Be an advocate inside the agency as
  well as outside
 U Visa Application
Certification Exercise

Maria Alvarenga and
  Gretchen Hunt
                 Hypo #1
• Sima has been admitted to a local hospital for
  injuries received during a rape. She was
  assaulted with a gun handle and has received
  lacerations to the head. She also has a
  broken arm.
• Sima is reluctant to say what happened to her
  and to talk to the police. She does not speak
  English well and she is afraid of the police.
  She came to U.S. on a student visa, which
  has expired. She is now working.
              Hypo #2
• Margo is 28 years old and was arrested
  for prostitution after an undercover bust.
  Margo speaks Russian mostly. She
  seems very afraid. Police really want to
  get the „Pimp‟ but he always gets away.
  Margo tells you that she is not a
  prostitute. That “Luther” makes her do
  these ugly things.
                 Hypo #3
• Juanita is a victim of manslaughter. She was
  killed by her husband. While investigating,
  police discovered that Juanita‟s mother,
  Raquel, was a witness of the crime. Raquel
  has recently arrived from Chile, and does not
  have her green card. The offender calls ICE
  and reports that Juanita‟s family is in the
  country illegally. ICE has been looking for
  Raquel but she has disappeared.
                 HYPO #4
• The Local Immigrant Free Clinic & Center
  calls police. Upon arrival, police are told that
  they have a victim of Domestic Violence, who
  is very afraid of her boyfriend John, they have
  a child in common, and the abuse is getting
  worse.
• The last time she was beaten was a week
  ago. She was beaten with the telephone.
  She needs to get medical attention now. She
  is also undocumented. She has been advised
  that the police will help her if she reports the
  crime. She has agreed to do so.
                       HYPO #5
• Bubba was arrested for burglarizing the apartment of his mother
  Mary, an elderly lady.
• The Lopez brothers, who live in the apartment across the hall
  from Mary‟s were witnesses to this crime.
• The Lopez brothers keep to themselves and work two jobs six
  days a week. After telling the detectives what they saw, they
  have now changed their minds about testifying.
• Detectives found out that Bubba had his friend Ricky intimidate
  the Lopez brothers by breaking their car, smearing feces on
  their door, following them around, staring at them and showing
  them what appears to be a gun, knocking on their door at all
  hours of the night, and telling them that ICE is going to get them.
• The Lopez brothers have seen Ricky doing this and have seen
  Bubba near by when these things are happening.
Preparing the U visa
    Application

  Interactive Exercise and View
 From Adjudicator‟s Perspective
Complete and Sign the Petition
• The Form I-918 U-visa petition form will
  be rejected if it is not signed.
• The petition may be denied if all
  sections are not completed.
• Initial evidence must accompany the
  petition. Missing initial evidence may be
  grounds for denial.
      Include Biometric Fee
• The fee for the I-918 petition form is
  waived.
• A biometric fee of $80.00 is required for
  the petitioner and derivatives ages 14 –
  79.
• Petitioner may request waiver of the
  biometric fee.
    Required Initial Evidence
          Certification
• Properly and Timely executed Supplement B,
  “U Nonimmigrant Status Certification”
• Any additional evidence the petitioner wants
  considered establishing that they meet of the
  eligibility requirements.
• Statement by the petitioner describing the
  facts of the victimization
• If inadmissible, Form I-192 inadmissibility
  waivers
 What is additional evidence?
• Any credible evidence establishing the
  petitioner‟s eligibility.
• May include but is not limited to:
  – Trial transcripts
  – Court documents
  – Police reports
  – Affidavits from medical personnel, police,
    judges, other witnesses, etc.
  – News articles
      Petitioner‟s Statement

• The petitioner‟s statement is a strongly
  suggested form of additional evidence
  for other VAWA petitions.
• The petitioner‟s statement is required
  initial evidence for the Form I-918 U
  visa application
    What will DHS consider?
• DHS will consider all credible evidence
  including:
   – Information on the petition
   – Information on Certification Form
   – Petitioner‟s statement
   – All submitted additional evidence
   – All evidence submitted with an earlier
     request for interim relief
   – Any documentation submitted to DHS by
     the petitioner in the past
            Interim Relief

• An earlier grant of interim relief means
  only that the petitioner submitted “prima
  facie” evidence for eligibility.
• A grant of interim relief does not bind
  DHS to approve the U-visa application I-
  918
              U Status
Certification Form, Supplement B
• DHS will give a properly executed
  Supplement B Certification significant
  weight when adjudicating the petition
• DHS will not consider the certification to
  be conclusive evidence that the
  eligibility requirements have been met.
           Similar Activity
• Nature and elements of offense are
  substantially similar to statutorily listed
  criminal activity
• May include a qualifying criminal activity
  discovered during the investigation or
  prosecution of a non-qualifying crime by
  an individual who does not
  investigate/prosecute the qualifying
  criminal activity
Certification of Similar Activity
• Certify a qualifying criminal activity
• Explain how the criminal activity being
  investigated/prosecuted is similar to
  qualifying activity
  – Substantially similar nature and elements
  – Discovered during investigation of non-qualifying
    criminal activity
• If possible, qualifying activity should be
  referred to a responsible agency and possible
  additional certification

								
To top