Adjustment to Lawful Permanent Resident Status for U Nonimmigrants AKA “U-AOS”

1. Adjustment to Lawful Permanent Resident Status for U NonimmigrantsAKA “U-AOS”

2. Introduction to Adjustment • Adjustment is application process to become Lawful Permanent Resident (green card) • U Visa Adjustment is unique: INA 245(m) • Principal and Derivative applicants must apply before U Nonimmigrant Status expires • U Nonimmigrant is eligible to Adjust Status after 3 years in U status • May submit application 3 months early • Application adjudicated at USCIS U Visa Unit

3. Adjustment Requirements • Lawfully admitted as U nonimmigrant • In lawful U nonimmigrant status • 3 years continuous physical presence since grant of U nonimmigrant status • Not inadmissible under INA 212(a)(3)(E) • Has not unreasonably refused to provide assistance in investigation/prosecution • Applicant is admissible = discretionary determination

4. Discretionary Determination by USCIS • Burden on applicants to show that they merit favorable exercise of discretion • Family ties, hardship and length of residence in U.S. may be sufficient • Do not need to use Form I-601 but should document merits

5. Statutory Guidance for Discretionary Determination • Humanitarian grounds • Ensure family unity and/or • Otherwise in the public interest

6. Making Case for Discretion • Discretionary Factors are basically the same as an I-192 inadmissibility waiver • equities & hardships substantially outweigh adverse factors • IIBA approach: if no negative factors since U Visa grant, ask USCIS to refer to I-192 documentation • If I-192 insufficiently documented, or adverse factors arise after grant of U Visa, use I-192 approach.

7. Adverse Factors • May offset by with evidence establishing mitigating equities for favorable exercise of discretion • Some adverse factors may ALSO require showing exceptional and extremely unusual hardship • Serious violent crime, sexual abuse committed upon a child, multiple drug-related crimes, or where there are security- or terrorism-related concerns

8. Continuous Physical Presence • Requirement is for 3 years after U visa grant • Interim Relief period counts toward 3 years • Trips out of the US of more than 90 days each or 180 days in the aggregate will break continuous physical presence • Exceptions • If absence is necessary to assist in criminal investigation or prosecution, or • An investigation/prosecution official certifies it is otherwise justified

9. Applicant’s declaration of continuous physical presence REQUIRED. Income tax returns Government or non-government official documents School transcripts Employment records Monthly rent receipts Utility bills Letters from people with direct knowledge of residence, and explanation why other evidence unavailable Documenting Continuous Physical Presence

10. “Unreasonable Refusal to Assist” • USCIS Regulatory Requirement (not in INA) to continue to provide assistance in investigation/prosecution after grant of U nonimmigrant status. • What it IS: unreasonable refusal • What it ISN’T: affirmative responsibility of cooperation by applicant

11. Documenting Reasonableness Option One • Newly executed I-918 Supplement B signed by U Visa Certifying Official • 99% of IIBA clients will use Option One

12. Documenting Reasonableness • Option Two – If Supplement B too burdensome • Submit declaration describing efforts to get new I-918B and whether LEA received requests • Evidence might also include court documents, police reports, news articles, copies of reimbursement forms for travel to and from court, affidavits of other witnesses or officials

13. Documenting Reasonableness • Option Three • Detailed description of why refusal to provide assistance was reasonable • USCIS determination of reasonableness subject to review by US Department of Justice • DOJ has 90 days to respond or ask for extension of time • After that, USCIS may adjudicate regardless of whether DOJ has provided response

14. General law enforcement, prosecutorial and judicial practices Kinds of assistance asked of other victims involving an element of force, coercion or fraud Nature of the request Nature of the victimization Applicable guidelines for victim and witness assistance Specific circumstances of the victim, incl. fear, severe physical or mental trauma Age and maturity of the applicant Factors in Determining Whether Refusal to Assist is Unreasonable

15. Adjustment Documents • I-485 • G-325A (one page) • Filing and biometrics fee or fee waiver request • Copy of U approval notice • Copy of all passport pages including I-94 • I-918B or other evidence relating to requests for assistance • Applicant’s declaration • Evidence of continuous physical presence • Evidence related to discretion