Consular Processing and Parole Special issues for U-visa, CAM and VAWA cases Moderator: Gail Pendleton, ASISTA Mona Patel-Sikora, ICWC Cecelia Friedman Levin, ASISTA DC Maria Baldini-Poterman, Maria Baldini-Potermin & Associates, PC CONSULAR PROCESSING AND PAROLE: Special issues for U-visa, CAM and VAWA cases Moderator: Gail Pendleton, ASISTA Mona Patel-Sikora, ICWC LA Cecelia Friedman Levin, ASISTA DC Maria Baldini-Poterman, Chicago #ImmigrationLaw #FBA

Goals Better Explain consular processing procedures Assess strategies regarding parole Identify whether or when Centeral American Minors program may be available #ImmigrationLaw #FBA

Consular Processing #ImmigrationLaw #FBA

Authority Statutes Title 8 and 22 of INA Foreign Affairs Manual Document availability Procedrue #ImmigrationLaw #FBA

When is consular processing applicable? Approved U visa Principals and derivatives abroad entering the US when visa available If U holders in the US travel VAWA principal or derivaties abroad #ImmigrationLaw #FBA

Preventing Problems Addressing All Grounds of Inadmissibility Understanding Procedures at U.S. Embassy ICWC Zoho Database U.S. Embassy websites: https://www.usembassy.gov/ #ImmigrationLaw #FBA

VAWA-based Consular Processing for Derivative Priority Date? Submit VAWA-based adjustment Adjustment is Approved I-824 approval sent to NVC Begin NVC Processing Chose “agent” and pay fees Submit forms to NVC Inteview Post Interview Arrival in US #ImmigrationLaw #FBA

Starting Process for VAWA Derivative When to file I-824? Can be concurrent with one-step or after adjustment approval #ImmigrationLaw #FBA

Consular Processing Steps Documentation from NVC Chose a Contact nvcinquiry@state.gov Online: Choice of Address and Agent  Form (DS-261) Paying Fees Immigrant Visa Processing Fee ~ $205 Affidavit of Support fee does not apply #ImmigrationLaw #FBA

Immigrant Visa Process NVC sent instructions Cover sheet with bar code DS-260 and supplementing documents What supporting docs are required depends on post DS-260 filed online Supporting documents scanned to nvceletronic@state.gov I-864W: Affidavit of Support Exemption #ImmigrationLaw #FBA

Pre-Interview Once submitted, NVC will set interview Pre interview steps Biometrics Medical Examination Register with Courier service Translation #ImmigrationLaw #FBA

Interview Bring Appointment letter Passport and photographs Medical exam Translations Other documents (birth certs, court records, etc) #ImmigrationLaw #FBA

Post Interview Passport with visa Sealed Immigration Packet Present to CBP When to Travel Usually within 6 months from date of issuance #ImmigrationLaw #FBA

Post Interview Passport with visa Sealed Immigration Packet Present to CBP When to Travel Usually within 6 months from date of issuance #ImmigrationLaw #FBA

U Consular Processing #ImmigrationLaw #FBA

Kentucky Consular Center (KCC) I-918 or I-918 A approved Kentucky Consular Center (KCC) US Consulate Abroad CBP Arrival in US #ImmigrationLaw #FBA

KCC Creates an electronic record of approved NIV applications and allows consulates abroad to access information related to the case. Electronic  Petition  Information   Management  Service (PIMS): Data system managed by KCC which will verify approval and and will send approval notice to consulate. Consulate can access information through the  Consular  Consolidated  Database  (CCD) Contacting Information KCCTUVisa@state.gov and PIMS@state.gov Electronic  Petition  Information   Management  Service  (PIMS)  record  created  by  the  Kentucky  Consular   Center  (KCC)  to  verify  petition  approval.     Posts  are  able  to  access  the   details  of  approved  nonimmigrant  visa  (NIV)  petitions  through  the   Consular  Consolidated  Database  (CCD),  through  the  PIMS  Report.  Form  I-­797,  Notice  of  Action,  may  be  used  as   sufficient  proof  to  schedule  an  appointment,  but  posts  should  not  rely  on   this  form  solely  for  the  purpose  of  U  visa  issuance.     Only  PIMS  shall   provide  the  evidence  forming  the  basis  for  U  visa  issuance.  c.   A  valid  Form  I-­797  must  include  the  date  of  the  Notice,  the  name  of  the   petitioner,  the  name  of  the  beneficiary,  the  petition/receipt  number,  the   expiration  date  of  the  petition,  and  the  name,  address,  and  telephone   number  of  the  approving  DHS  office. #ImmigrationLaw #FBA

Documents Complete DS -160 (keep bar code page) Look up country-specific instructions Fees #ImmigrationLaw #FBA

Documents for Consulate Cover letter Copy of DS-160 confirmation page Copy of approval notices (I-918 application and I-192) If derivative, documents proving relationship to principal with translation Copy of passport Copies of correspondence with embassy (if necessary) Relevant FAM sections if necessary Male applicants between ages 16-45: of DS-175 #ImmigrationLaw #FBA

After documents at the Consulate Check PIMS Schedule the Interview Applicant may need to purchase PIN Check Country-Specific Instructions Interview #ImmigrationLaw #FBA

Challenges Scheduling biometrics Lack of communication to attorneys/representatives Passports (and what to do when applicants don’t have one) Inadmissibility issues New ones arise Consulate gets incorrect information about which was waived #ImmigrationLaw #FBA

Consular Processing and I-929s Resembles more of Immigrant Visa process #ImmigrationLaw #FBA

PAROLE #ImmigrationLaw #FBA

Advance Parole: Permission for those in US to leave and come back Parole for those in US Parole for those Abroad Advance Parole: permission to leave and return to US Parole in Place: Permission for those in the U.S. To remain Military spouses Derivatives of VAWA Cancellation Others? (Humanitarian) Parole: Permission for those abroad to enter Central American Minors Program Hatian and Cuban Family Reunification Advance Parole: Authorization for those in the U.S. to travel and return Parole: Authorization for those outside the U.S. to be given permission to come to the U.S. Advance Parole: Permission for those in US to leave and come back Parole (Humanitarian parole): Permission for those outside the U.S. To enter Parole in Place—Permission granted to those in the U.S to remain Military spouses, derivatives of VAWA cancellation Central American Minors, Haitian and Family Reunification Parole #ImmigrationLaw #FBA

Parole Not meant to circumvent any other process NOT an Admission: If paroled into US, subject to grounds of inadmissibility under 212(a) May qualify to adjust under INA Sec. 245(a) if otherwise eligible Relevant Authority INA Sec. 212(d)(5) 8 CFR 212.5 8 CFR 214.14(d)(2) AFM Ch. 54 The Attorney General may…in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.  #ImmigrationLaw #FBA

Advance Parole: Permission for those in US to leave and come back Traditional Use of Parole Parole for those on U visa waitlist Family reunification Medical reasons Other humanitarian requests Adoptions Protection Legal proceedings Family Reunificaiton Regulatory directive Aid in survivor recovery Danger to derivative abroad Advance Parole: Authorization for those in the U.S. to travel and return Parole: Authorization for those outside the U.S. to be given permission to come to the U.S. Advance Parole: Permission for those in US to leave and come back Parole (Humanitarian parole): Permission for those outside the U.S. To enter Parole in Place—Permission granted to those in the U.S to remain Military spouses, derivatives of VAWA cancellation Central American Minors, Haitian and Family Reunification Parole #ImmigrationLaw #FBA

USCIS Accepts Recommendation June 2016: CIS Ombuds Recommendation to Establish Parole Policy for U waitlist September 2016: USCIS Accepts Recommendation May 2017: Outlook: Not so Good Recommendation covered AP as well as parole #ImmigrationLaw #FBA

Use the Statute 212(d)(5) Urgent Humanitarian Reasons or Significant Public Benefit U visa program is Signficant Public Benefit Congressional intent establishing program Fee waivers should be granted liberally Denials should state rationale The Attorney General may…in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.  #ImmigrationLaw #FBA

Reality Barriers to Applying for Parole Low approval rates Cost, including DNA tests Finding sponsors for I-134s Limited Resources of Service Providers The Attorney General may…in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.  #ImmigrationLaw #FBA

Process File Form I-131 with the Lockbox (gets rerouted to DC Fee Waiver available (8 C.F.R. § 103.7(c)(3)(iv) Form I-134 and supporting documents Supporting documents demonstrating need for parole Cover Letter Emphasize humanitarian purpose of U Visa program Make regulatory argument Utilize liaisons Congressional Liaisons, ASISTA/CLINIC, USCIS Ombudsman The Attorney General may…in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.  #ImmigrationLaw #FBA

Process File Form I-131 with the Lockbox (gets rerouted to DC) Fee Waiver available (8 C.F.R. § 103.7(c)(3)(iv) Form I-134 and supporting documents Supporting documents demonstrating need for parole Cover Letter Emphasize humanitarian purpose of U Visa program Make regulatory argument Utilize liaisons Congressional Liaisons, ASISTA/CLINIC, USCIS Ombudsman The Attorney General may…in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.  #ImmigrationLaw #FBA

Process If I-131 Approved by USCIS, Fill out DS-160. When DS-160 is electronically filed, interview should be scheduled by consulate Interview at consulate: Discussion of DS-160 Form Proof of travel documents After interview: Security Check, Boarding Foil, Traveling to U.S. Upon arrive, obtaining DA, amending I-918 forms with USCIS Upon approval of Form I-131 by USCIS Form DS-160 Lack of communication between DHS and Department of State Upon arrival to United States Obtaining deferred action Amending I-918 Forms with USCIS #ImmigrationLaw #FBA

Central American Minors Program The Attorney General may…in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.  Central American Minors Program #ImmigrationLaw #FBA

Central American Minors Program (CAM) Started accepting applications in December 2014 In country program for children in El Salvador, Guatemala and Honduras to apply for refugee/parole status in their home country to be reunited with family in US. Those with deferred action (including those on the U waitlist) may request an interview for any unmarried children under 21 in these 3 countries if they fit the necessary criteria If refugee status denied, automatically considered for parole. Applications made by submitting DS-7699 to designated support center. his is an in-country program for children in El Salvador, Guatemala, and Honduras to apply for refugee/parole status in their country in order to facilitate a safe and legal entry into the United States if they qualify. Those with deferred action27 (including conditional U grantees) may request a refugee interview for any unmarried children under 21 in El Salvador, Guatemala or Honduras if they fit the necessary criteria. If the child is  26 U.S. Department of State. “Fact Sheet: In-Country Refugee/Parole Program for Minors in El Salvador, Guatemala, and Honduras With Parents Lawfully Present in the United States.” Available at: http://www.state.gov/j/prm/releases/factsheets/2014/234067.htm  27 And certain other statuses, including Legal Permanent Residents, Temporary Protective Status holders, Parolees, DACA recipients, and non-DACA Deferred Action holders. For more information, visit: http://www.wrapsnet.org/LinkClick.aspx?fileticket=Zk0VDAfKFMQ%3d&tabid=420&portalid=1&mid=1664  10    denied refugee status, s/he may be automatically considered for parole without the requirement of a separate request. Applications are filed by submitting a DS- 7699 to a designated support centers which can be found here. If children are granted parole into the U.S, then they must cover the costs of medical exams and travel into the country and the parent in the United States will be asked to provide an I-134. This website has more information regarding the new CAM program including fact sheets in English and Spanish as well as FAQs and process handouts.  #ImmigrationLaw #FBA

USCIS interviews not happening Future of CAM? USCIS interviews not happening CAM applicaitons can be filed, pre screening still occurring. Still an option? Jen is correct that USCIS interviews are NOT happening. CAM-AORs can be filed, and pre screening is happening - so the case would start through the long process - but USCIS is not conducting interviews., meaning no one who is not already approved can currently get through the entire process.  The process is long, however, so assuming (hoping) interviews pick up again, your client has nothing to lose by starting this process now - because it always takes months to get to the USCIS interview in the first place. That said, you would not be able to file for the client, it needs to be an affiliate of a designated Refugee Resettlement Agency. IRC in Oakland definitely does these and the various Catholic Charities offices should as well.  #ImmigrationLaw #FBA

Questions? #ImmigrationLaw #FBA The Attorney General may…in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney General, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States.  Questions? #ImmigrationLaw #FBA