CAST attended USCIS’s September 29, 2022 Engagement on VAWA, U, and T issues where representatives from the USCIS Office of Policy & Strategy (OPS), the Service Center Operations Directorate (SCOPS), and the Public Engagement Division discussed issues relating to T visas and other humanitarian remedies. Key take-aways for T visa practitioners are below.[1]

Communication with USCIS

• Practitioners may use the following hotline emails to make case-specific inquiries:
  • VAWA self-petitions: [email protected]
  • U & T visas pending at the Vermont Service Center (VSC): [email protected]
  • U visas pending at the Nebraska Service Center (NSC):  [email protected]
• USCIS reported that current hotline response times are within 14-21 days. If a legal representative has not received a response, they may submit a second inquiry after 45 days, including “SECOND REQUEST” in the subject line of the email.
• USCIS encourages legal representatives to read the auto-reply that is often sent after emailing one of the hotlines. The hotline will not respond to inquiries relating to processing status where the case is within posted processing times.
• If legal representatives have a more complex issue that needs to be addressed, supervisory review may be requested via the appropriate hotline; “SUPERVISORY REVIEW REQUESTED” should be added to the subject line.

Filing, receipts, & approval notices

• USCIS has been working to reduce the receipt notice issuance backlog. Generally, a receipt notice should be received within 30 to 60 days of filing. If no receipt has been received, legal representatives may contact the relevant hotline to advise that no receipt has been received. In the event of an emergent situation, expedited processing may be requested following the criteria on USCIS’s website.
• For mail that is delivered late on Friday, it will not be picked up by the service center contractor until Monday, meaning that the receipt date will be the following business day. When the late receipt date impacts eligibility for the benefit, legal representatives may submit a request for review to the appropriate hotline email account, using a subject line that indicates the nature of the request. These cases will be reviewed on a case-by-case basis to determine the appropriate receipt date. If it is determined that the receipt date should be amended, an amended receipt notice will be issued.
• USCIS is looking into the issue of erroneous rejections of AR-11s, G-28s, and filings made to supplement pending humanitarian cases at VSC & NSC that began around June 2022.

Fee waivers

• USCIS is unable issue a receipt notice until the associated fee waiver request is adjudicated. Delays in fee waiver adjudications are in part due to staff attrition and in part due to a high volume of filings. New staff hires are being trained in order to diligently reduce the backlog of fee waiver requests.
• DHS is working on a proposed rule relating to USCIS fees, which may include revision to fee waiver and exemption policies. In addition to the forthcoming fee rule, DHS is also revising standard operating procedures and internal guidance to ensure there is consistency and clarity related to fee waiver adjudications, in particular for VAWA, T, and U benefits.

EAD processing times

• Current EAD processing times at VSC and NSC range from 5.5 to 8.5 months. To alleviate I-765 processing delays, derivatives who were admitted via a port-of-entry should submit a copy of their I-94 with their I-765 applications. Expedited processing of I-765 applications may be requested using the expedite guidance on USCIS’s website.

Biometrics for derivatives abroad

• USCIS is aware that some T derivatives and U applicants abroad are unable to have their biometrics taken due to ongoing pandemic-related closures at consular posts. USCIS has communicated with the Department of State regarding the urgent need to complete biometrics appointments for these individuals. However, due to national security and public safety concerns, USCIS is unable to create a program-wide policy regarding the use of alternative evidence in lieu of biometrics, nor is it allowing an extended timeframe within which to respond to a request for biometrics for all T derivatives and U applicants abroad. If a T derivative or U applicant abroad is unable to have their biometrics taken, they should timely respond to the biometrics RFE and include evidence of their efforts to comply or their intention to comply with the biometrics request. The cases of those who respond timely to the RFE with that evidence will be placed on hold and will not be denied due to abandonment.
  • CAST COMMENT: CAST advises that applicants timely respond to the biometrics request with information about when the biometrics were taken or, if they have not been taken, the efforts taken by the applicant to do so. Along with the response to the biometrics request or via email to the hotline, legal representatives may request an alternative method to fulfill the biometrics requirement such as a local background check or police clearance letter. Because there is no guarantee an alternative to biometrics will be accepted, CAST suggests that legal representatives obtain advance permission from USCIS first before having derivatives complete an additional process that may be burdensome and, ultimately, unnecessary.

I-94’s for T derivatives and U holders admitted through a port-of-entry

• USCIS is aware that T derivatives and U holders who consular processed and were admitted via a port-of-entry are not able to access electronic I-94s via CBP’s website and that many are not being issued a paper I-94 upon arrival and admission. USCIS has coordinated with CBP on this and reports that CBP is working on a policy to ensure that I-94s are printed out and given to the T or U holder upon admission.
  • CAST COMMENT: If no paper I-94 is issued at entry, CAST suggests checking CBP’s website a few days after entry to see if the I-94 is available. If not, legal representatives may contact a local deferred inspection office to inquire about obtaining a paper I-94. In some instances, the deferred inspections office may be willing to waive the T derivative’s presence if the legal representative appears with the derivative’s passport. Even if the passport was stamped at entry, best practice is to obtain the actual electronic or paper I-94 because the I-94 is official evidence of admission in T status and shows the duration granted by CBP.[2] The I-94 is needed for work permit and adjustment of status applications and to access some benefits. To find the closest deferred inspection office, click here or call the Traveler Communications Center at (202) 325-8000.

I-192 corrections

• If a legal representative believes a ground of inadmissibility should have been listed as waived on an I-192 approval notice and it was not, the legal representative may email the VSC hotline to request review of the I-192.
• To document any new ground of inadmissibility for a pending I-192, legal representatives may send a written statement detailing the inadmissibility grounds, along with any applicable documentation, to the hotline email.

CAST would like to thank Nicole Avila of Florida Legal Services for her contributions to these notes. 

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[1] Note, however, 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 full notes are available here, AILA Doc. No. 22112201.

[2] Legal representatives should check the “admit until” date on the I-94 to ensure that CBP admitted the derivative for the correct period, as the period authorized by CBP is controlling.