CAST participated in AILA’s November 16, 2023 Engagement with USCIS on VAWA, U, and T issues where representatives from the USCIS Office of Policy & Strategy (OP&S), Service Center Operations Directorate (SCOPS), and Public Engagement Division discussed issues relating to T visas and other humanitarian remedies. Key takeaways for T visa practitioners are below.[1]

Communication with VSC, supplementing files, and changes of address

• Hotline response times for I-914-related inquiries are approximately 14 to 30 calendar days.
• USCIS requested that legal representatives wait 45 days for a response before sending a follow-up email to the hotline. When sending a follow-up inquiry, legal representatives should put “SECOND REQUEST” in the subject line to flag the earlier request to customer service representatives.
• SCOPS strongly recommended submitting RFE responses and any supplemental documentation by mail. A copy of the RFE should be included with any RFE response. For supplemental filings, a cover letter should explain what is being filed and should include the applicant or petitioner’s name, date of birth, A#, receipt #, and form type so the supplement can be properly routed to the file.
• SCOPS indicated that the best way for an attorney of record to change their address is through the appropriate hotline. When submitting a G-28, make sure all the applicable fields are filled out, including which forms the attorney represents the client on. When submitting a spreadsheet for multiple cases at once, it is helpful to include the client’s name, date of birth, A#, and receipt #. After the address change has been completed, a new receipt notice should be issued, which confirms the address has been changed.
  • CAST COMMENT: CAST also recommends including the form type for reach receipt # indicated on a spreadsheet. See “Legal Representative Change of Address” on this USCIS webpage for more information on attorney changes of address.
• Legal representatives may use the appropriate hotline account to confirm that an applicant’s address has been updated following submission of an AR-11 to the appropriate service center.
  • CAST COMMENT: Change of address procedures for VAWA/U/T & 751 abuse waiver cases are explained on this USCIS webpage. USCIS advised at an engagement with AILA in March 2022 that the best way to submit an AR-11 for a VAWA/U/T-related case is by emailing the appropriate hotline.

Expedite requests

• SCOPS indicated that expedite requests are evaluated individually based on the criteria on USCIS’s website, whether the request is made in connection with a humanitarian case, a family-based case, etc. USCIS acknowledged that survivors may not have the same access to documentation that other applicants may have and recommended submission of a detailed personal statement if documentation supporting the expedite request is unavailable. The statement should explain why documentation is unavailable and include any other information relevant to the expedite request but does not need to detail the applicant’s victimization. 

Biometrics

• USCIS confirmed that T visa applicants may reschedule biometrics appointments using a myUSCIS online account.
  • CAST COMMENT: T visa applicants may also request a biometrics reschedule via by contacting the hotline, as discussed here. General guidance regarding rescheduling of biometrics may be found in USCIS Policy Alert PA-2023-19.
• T visa applicants may request mobile biometrics services or another accommodation online through the “appointment accommodations” tile on USCIS’s e-Request tool. Additionally, such requests may be made by calling the USCIS Contact Center or by emailing [email protected]. Anyone needing an accommodation should request it as soon as possible after receiving the appointment notice. Those requiring a mobile biometrics service will automatically be screened for a biometrics waiver or biometrics reuse.

Survivors in removal, in custody, and with final orders of removal  

• USCIS will review expedite requests from ICE for applicants in custody or who have final orders of removal. Applicants who are in removal but who are not detained may seek an expedite based on USCIS’s normal expedite criteria. Representatives may request an expedite via the appropriate hotline and unrepresented applicants may do so by mail.
  • CAST COMMENT: Practitioners representing T applicants who are detained or have final orders of removal should review ICE Directive 11005.3, Using a Victim-Centered Approach with Noncitizen Crime Victims for ICE’s policies regarding enforcement actions involving applicants for victim-based immigration relief.
• USCIS does not make a special annotation or notification in the A-file or case management system documenting the automatic cancellation by operation of law of DHS-issued orders of removal upon T approval (as laid out at 8 CFR § 214.11(d)(9)(i)). ICE is able to view in case management systems available to ICE that an I-914 has been granted.

Extension of status

• USCIS indicated that it does not plan to revert to issuance of a separate notice reflecting the T nonimmigrant’s automatic extension of status upon timely filing of adjustment of status (as indicated by 8 CFR § 245.23(l)(7)).
  • CAST COMMENT: T nonimmigrants will need the I-94 from their I-914 approval notice and a timely-filed I-485 receipt notice to demonstrate their extended T nonimmigrant status.

Motions to Reopen

• USCIS is currently unable to share processing times for Motions to Reopen and Motions to Reconsider, but stated that generally, VSC, NSC, and the HART Service Center process such motions within 45 to 180 days of receipt.

Travel for T nonimmigrants

• USCIS indicated it is unaware of I-131 applications being erroneously denied for T nonimmigrants who do not have a pending application for adjustment of status.
  • CAST COMMENT: Practitioners with information about such denials may contact AILA’s VAWA/U/T Committee here.

[1] Note that many of the topics covered were discussed in general terms and related to VAWA, T, and U visa petitions, not T visas specifically. AILA’s Key Takeaways & Practice Pointers from this engagement are available here, AILA Doc. 24011902, and are reposted on ILRC’s website here. USCIS’s responses to pre-submitted questions are here. CAST’s notes from an April 2023 engagement specific to T visas can be viewed here.