Consular Processing for T and U Nonimmigrant Status: Questions and Answers, Part I

Consular Processing for T and U Nonimmigrant Status:

Questions and Answers, Part I

Q1. What should family members overseas do when they receive a notice from USCIS instructing them to report to the nearest U.S. Embassy or Consulate to have fingerprints taken?

A1. They should contact the nearest U.S. Embassy or Consulate directly using the information provided on the U.S. Embassy’s or Consulate’s website at www.usembassy.gov. When contacting the U.S. Embassy or Consulate, they must indicate that the fingerprint appointment is for a derivative T or U nonimmigrant visa.

Q2. How do family members overseas complete consular processing to enter the United States once they receive USCIS approval of a derivative T or U nonimmigrant application or petition?

A2. After receiving notice from USCIS that their derivative nonimmigrant application or petition has been approved, overseas family members must contact the nearest U.S. Embassy or Consulate to schedule an interview to receive a T or U visa. This step is required before the overseas family members can process into the United States. To find the nearest U.S. Embassy or Consulate and detailed information about nonimmigrant visa processing, overseas family members should visit www.usembassy.gov.

Q3. Will DOS contact overseas family members to schedule their appointments for an interview at the U.S. Embassy or Consulate?

A3. No. Once overseas family members receive their USCIS approval notice of derivative nonimmigrant status, they must contact the nearest U.S. Embassy or Consulate to schedule an interview to receive their T or U nonimmigrant visa. USCIS and DOS are not responsible for contacting applicants to schedule this interview.

Q4. Will overseas family members receive the T or U nonimmigrant visa at this interview?

A4. No. U.S. Embassies or Consulates generally require 48 hours to process a visa after the interview, and will then mail the passport and visa to the overseas family members. This time period can be lengthened if, based on the interview, it is found that applicants will require additional evidence for processing. Remember that the U.S. Embassy or Consulate determines whether an overseas derivative family member is eligible to receive a visa to enter the United States, and can take action that results in the visa being denied.

Q5. What DOS visa application form must approved T or U nonimmigrant overseas family members submit to the U.S. Embassy or Consulate?

A5. Overseas derivative family members must submit DOS Form DS-160, Online Nonimmigrant Visa Application, to apply for a T or U nonimmigrant visa. Most U.S. Embassies and Consulates require that the Form DS-160 be filled out before the overseas family member can make an appointment for an interview, although the process may vary at certain locations.

Please visit www.usembassy.gov for specific information on that U.S. Embassy or Consulate. The Form DS-160 can be found online at http://ceac.state.gov/genniv/. The Form DS-160 must clearly state the request for derivative T or U nonimmigrant visa.

Consular Processing for T or U Nonimmigrant Status

Introduction

USCIS provides immigration relief to victims of various crimes—including domestic violence and human trafficking—by granting one of two forms of relief: T nonimmigrant status and U nonimmigrant status.

Principal victims granted T or U nonimmigrant status may additionally apply or petition USCIS on behalf of overseas family members for derivative T or U nonimmigrant status so that these family members can join them in the United States.

Before family members of principal T or U visa holders can enter the United States, they must first undergo processing with the U.S. Department of State (DOS) at a U.S. Embassy or Consulate to obtain a T or U visa abroad. This is known as consular processing.

USCIS will decide on the basis of the application or petition filed by the principal T or U nonimmigrant status holder whether an overseas family member qualifies for derivative T or U nonimmigrant status. DOS will then separately determine that family member’s eligibility to receive a visa in order to enter the United States.

Definition of a Derivative Family Member

A T or U nonimmigrant derivative family member is someone who may be eligible for a T or U visa because of their family relationship with the principal victim. If a principal victim receives T or U nonimmigrant status, a family member may "derive" their status from their family relationship with the principal. See INA 101(a)(15)(T)(ii) and INA 101(a)(15)(U)(ii).

For Whom Can A Principal Victim Apply on Behalf of?

If the principal victim	They may apply on behalf of
Is under 21	A spouse, child, parent, or unmarried sibling under 18.
Is over 21	A spouse or child
Is eligible for a special T visa principal category in which family members face a present danger of retaliation	A parent or sibling under 18

Overall Process for Overseas Family Members

1. The T or U principal (the primary victim of the crime) applies or petitions with USCIS on behalf of the overseas family member for derivative T or U nonimmigrant status, using either:

               For T nonimmigrant status, Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient, or

               For U nonimmigrant status, Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient.

2. USCIS sends a fingerprint notice for the overseas family member to the attorney, representative or principal T or U nonimmigrant in the United States (as supplied on the form).

3. The overseas family member contacts the appropriate U.S. Embassy or Consulate to schedule an appointment for fingerprinting. Depending on the location, either Department of Homeland Security (DHS) or DOS will conduct the fingerprinting.

4. The department that conducts the fingerprinting sends the fingerprints to the USCIS Vermont Service Center.

5. USCIS adjudicates (approves or denies) the application or petition for derivative T or U nonimmigrant status.

6. If approved, USCIS sends notice of approval to the attorney, representative or principal T or U nonimmigrant (as supplied on the form) and to DOS.

7. The overseas family member schedules an interview with DOS at the nearest U.S. Embassy or Consulate to apply for their visa in order to enter the United States. It is the responsibility of the family member, and not DOS, to schedule an interview. The overseas family member should not wait to be contacted.

8. DOS interviews the overseas family member. This step may take several visits and further evidence. It then approves (if applicable) a T or U visa.

9. Following the approval, DOS sends the visa to the overseas family member.

10. The overseas family member makes travel arrangements to enter the United States on their derivative T or U visa.

USCIS Announces Case Expedition for Certain Administrative Errors

U.S. Citizenship and Immigration Services (USCIS) has established an expedited process for reviewing and correcting decisions resulting from certain administrative errors. This process enables customers to request an expedited review of their case and correction of the decision where data entry and/or an administrative error resulted in a denial or rejection of their petition or application.

A customer or his or her authorized representative may contact the National Customer Service Center (NCSC) at 1-800-375-5283 to request that an expedited service request be created if he or she believes that an adverse adjudicative action fits within the criteria listed below:

Administrative Error Categories
IF	AND
1. USCIS issued an adverse decision based solely on a customer’s failure to respond to a Request for Evidence (RFE), Notice of Intent to Deny (NOID), or Notice of Intent to Revoke (NOIR)	there is documentary evidence that the customer responded to the RFE, NOID, or NOIR, and USCIS received the response in a timely fashion.
2. USCIS issued an adverse decision based solely on a customer’s failure to respond to an RFE, NOID, or NOIR	USCIS determines there is evidence in a USCIS system that the RFE, NOID, or NOIR was not sent to the petitioner/applicant or, if there is a valid Form G-28 on file, to the attorney or representative of record.
3. USCIS issued an adverse decision based solely on a customer’s failure to appear at a biometrics appointment or failure to respond to an RFE, NOID, or NOIR	USCIS determines there is evidence that the customer properly submitted a change of address prior to the issuance of the RFE, NOID, NOIR, or biometric appointment notice; however USCIS sent the RFE, NOID, NOIR, or biometric appointment notice to a previous or improper address.
4. USCIS issued an adverse decision based solely on a customer’s failure to appear at a biometrics appointment	there is documentary evidence that the customer attended the appointment or made a valid, timely request that it be rescheduled.

Once USCIS has received an expedited review request from an applicant or petitioner, the agency will make every effort to take action on the request within 5 business days. This process, and any customer submissions relating to this expedited case review process, does not replace, change, circumvent, or affect any rights of USCIS customers or USCIS in the administrative appeals process. This process will also not impact time frames for appeals or motions, fix errors made by a petitioner or his or her authorized representative, create an independent right of action, or address errors not included in the specific administrative errors listed above.

ICE Announces Relief for F-1 Syrian Students Suffering Economic Hardship

U.S. Immigration and Customs Enforcement (ICE) has announced special relief for certain F-1 Syrian students who have suffered severe economic hardship as a direct result of the civil unrest in Syria since March 2011. This relief applies only to students who were lawfully present in the United States in F-1 status on April 3, 2012, and enrolled in an institution that is certified by ICE's Student and Exchange Visitor Program.

ICE has published a notice in the Federal Register suspending certain regulatory requirements in order to allow eligible Syrian F-1 students to obtain employment authorization, work an increased number of hours during the school term, and, if necessary, reduce their course load while continuing to maintain their F-1 student status.

"We want to ensure that students from Syria, who were here when civil unrest began, are able to continue their studies without the worry of financial burdens," said Louis Farrell, director for the Student and Exchange Visitor Program. "The changes announced in this notice will allow eligible students from Syria to obtain employment authorization so that they can meet their basic living expenses while continuing to pursue their education in the United States."

There has been ongoing civil unrest in Syria since March 2011. Approximately 514 Syrian F-1 students are currently enrolled in schools in the United States. The civil unrest in Syria has increased the financial burden on many of these students, who previously relied on assistance from the Syrian government or family members in Syria to meet basic living expenses. In addition, the situation in Syria has made it unfeasible for these students to safely return to Syria in the foreseeable future.

ICE manages the Student and Exchange Visitor Program and the Student and Exchange Visitor Information System, which automates the process for collecting, maintaining, and managing information about international foreign students, exchange visitors and their dependents during their stay in the United States.

To learn more about the Student and Exchange Visitor Program, visit www.ice.gov.

Third Nationwide ICE "Cross Check" Arrests Over 3,100 Criminal Aliens

As part of U.S. Immigration and Customs Enforcement's (ICE) ongoing commitment to prioritizing the removal of criminal aliens and egregious immigration law violators, the agency announced Monday, April 2, the results of a six-day national "Cross Check" enforcement operation-which led to the arrest of more than 3,100 convicted criminal aliens, immigration fugitives and immigration violators.

"The results of this targeted enforcement operation underscore ICE's ongoing commitment and focus on the arrest and removal of convicted criminal aliens and those that game our nation's immigration system," said ICE Director John Morton. "Because of the tireless efforts and teamwork of ICE officers and agents in tracking down criminal aliens and fugitives, there are 3,168 fewer criminal aliens and egregious immigration law violators in our neighborhoods across the country."

This six-day operation, the largest of its kind, involved the collaboration of more than 1,900 ICE officers and agents from all of ICE's Enforcement and Removal Operations' (ERO) 24 field offices, assistance from ICE Homeland Security Investigations as well as coordination with our federal, state and local law enforcement partners throughout the United States. Arrests occurred in all 50 states, the Commonwealth of Puerto Rico, three U.S. territories and the District of Columbia.

ERO officers arrested 2,834 individuals that had prior criminal convictions including at least 1,063 aliens who had multiple criminal convictions. Of those arrested, 1,477 had felony convictions including murder, manslaughter, attempted murder, kidnapping, assault with a deadly weapon, armed robbery, terroristic threats, drug trafficking, child abuse, battery on a child, sexual crimes against minors, and aggravated assault. Of the total 2,834 criminal aliens arrested, 50 were gang members and 149 were convicted sex offenders.

In addition to being convicted criminals, 698 of those arrested were also immigration fugitives who had previously been ordered to leave the country but failed to depart. Additionally, 559 were illegal re-entrants who had been previously removed from the country. Because of their serious criminal histories and prior immigration arrest records, at least 204 of those arrested during the enforcement action were presented to U.S attorneys for prosecution on a variety of charges including illegal re-entry after deportation, a felony which carries a penalty of up to 20 years in prison.


The arrestees include:

•     Carlington David Richards, 34, a national of Jamaica, who was residing in Federal Way, Wash., is a recent border entrant and an international fugitive from justice, wanted in Jamaica for murder. ERO officers received an INTERPOL lead, which subsequently led to his capture. He was placed into ICE custody pending removal proceedings.  
•     Jose Angel Duran-Ramos, 66, a national of Mexico, who was residing in El Paso, Texas, convicted of murder on July 10, 1984, and sentenced to 18 years in prison. He was an at-large criminal alien. He is currently in ICE custody pending removal proceedings. 
•     Veasna Uy, 34, a national of Cambodia, who was residing in Long Beach, Calif., who was an immigration fugitive convicted on April 5, 2000, of manslaughter, attempted murder and assault with a deadly weapon. He was placed in ICE custody pending removal from the United States.

ICE conducted the first successful Cross Check operation in December 2009, and has since conducted seven regional and two national Cross Check operations resulting in the arrest of more than 7,400 convicted criminal aliens. This operation is the third nationwide Cross Check operation in the agency's history. The first nationwide Cross Check operation occurred at the end of May 2011 and resulted in the arrest of 2,442 convicted criminal aliens. The last Cross Check operation in September 2011 resulted in the arrest of 2,901 convicted criminal aliens.

Last week's enforcement action was spearheaded by ICE's National Fugitive Operations Program (NFOP), which is responsible for investigating, locating, arresting and removing at-large criminal aliens and immigration fugitives. The officers who conducted last week's operation received substantial assistance from ICE's Fugitive Operations Support Center (FOSC), ICE's Law Enforcement Support Center (LESC) and the Criminal Alien Program.
ICE is focused on smart, effective immigration enforcement that targets serious criminal aliens who present the greatest risk to the security of our communities, such as those charged with or convicted of homicide, rape, robbery, kidnapping, major drug offenses and threats to national security. ICE also prioritizes the arrest and removal of those who game the immigration system including immigration fugitives or those criminal aliens who have been previously deported and illegally re-entered the country.

Third Man Sentenced as Part of Document Fraud Ring

A third man was sentenced to federal prison Wednesday, March 28, after pleading guilty to a conspiracy that involved making false statements in applications to U.S. Citizenship and Immigration Services (USCIS), the creation and transfer of false identification documents, and the altering and transferring of foreign passports.

The case was investigated by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Document and Benefit Fraud Task Force (DBFTF) and the Florida Highway Patrol.

Rajin A. Latchman, 29, of Winter Garden, Fla., was sentenced to 14 months in federal prison. Co-conspirators Ted B. Shirley and Gaitrie Latchman were previously sentenced after pleading guilty for their roles in the conspiracy. Shirley was sentenced Jan. 25 to 30 months in federal prison. Gaitrie Latchman was sentenced Feb. 28 to 28 months in federal prison.

According to court documents, Gaitrie and Rajin Latchman would, for a fee of between $2,500 and $3,000, arrange for illegal aliens to obtain a Florida driver license. They were assisted by Shirley, who was an examiner at the Clermont office of the Florida Department of Highway Safety and Motor Vehicles (DHSMV). As part of their services, the Latchmans would provide immigration and identification documents to the aliens, to present at the DHSMV office. To obtain such documents, the Latchmans would file applications with USCIS to cause the issuance of Form I-797C notices of action. The notices of action then served both as an immigration classification document and as proof of identity.

The Latchmans also altered I-797Cs and foreign passports. They then coordinated with Shirley so that their customers would make contact only with him when they went to the DHSMV office, thereby avoiding any scrutiny of such documents.

During the period of time that this criminal activity was taking place, Gaitrie Latchman also applied for naturalization and obtained U.S. citizenship. Pursuant to statutory requirements, the court revoked her citizenship and declared her certificate of naturalization to be void.

This case was prosecuted by Assistant U.S. Attorney Sam Armstrong.

USCIS Announces Temporary Protected Status for Syria

Due to the violent upheaval and deteriorating situation in the Syrian Arab Republic (Syria), U.S. Citizenship and Immigration Services (USCIS) announced March 29 that eligible Syrian nationals (and persons without nationality who last habitually resided in Syria) in the United States may apply for Temporary Protected Status (TPS). Details and procedures for applying for TPS are provided in the Federal Register notice published March 29 and are available at www.uscis.gov/tps.

On March 23, 2012, Secretary of Homeland Security Janet Napolitano announced her intent to designate Syria for TPS for eighteen months. The TPS designation for Syria is effective March 29, and will remain in effect through September 30, 2013. The designation means that eligible Syrian nationals will not be removed from the United States, and may request employment authorization. The 180-day TPS registration period begins March 29, and ends on September 25, 2012. Although the Federal Register notice erroneously states that TPS applications must be filed March 29, 2012 through September 30, 2013, USCIS will only accept applications filed through September 25, 2012. USCIS is working to correct the public information on the registration deadline date.

To be eligible for TPS, Syrians must meet all individual requirements for TPS, including demonstrating that they have continually resided and been continually physically present in the United States since March 29, 2012. All individuals who apply for TPS will undergo a thorough security check. Individuals with criminal records or who pose a threat to national security are not eligible for TPS and their applications will be denied. The eligibility requirements are fully described in the Federal Register notice and on the TPS webpage at www.uscis.gov.

Syria joins El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan, and South Sudan as countries currently designated for TPS.