1. 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
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2. Goals Better Explain consular processing procedures
Assess strategies regarding parole
Identify whether or when Centeral American Minors program may be available
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3. Consular Processing
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4. Authority Statutes Title 8 and 22 of INA Foreign Affairs Manual
Document availability
Procedrue
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5. 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
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6. Preventing Problems Addressing All Grounds of Inadmissibility
Understanding Procedures at U.S. Embassy
ICWC Zoho Database
U.S. Embassy websites:
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7. 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
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8. Starting Process for VAWA Derivative
When to file I-824?
Can be concurrent with one-step or after adjustment approval
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9. Consular Processing Steps
Documentation from NVC
Chose a Contact
Online: Choice of Address and Agent  Form (DS-261)
Paying Fees
Immigrant Visa Processing Fee ~ $205
Affidavit of Support fee does not apply
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10. 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
I-864W: Affidavit of Support Exemption
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11. Pre-Interview Once submitted, NVC will set interview
Pre interview steps
Biometrics
Medical Examination
Register with Courier service
Translation
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12. Interview Bring Appointment letter Passport and photographs
Medical exam
Translations
Other documents (birth certs, court records, etc)
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13. Post Interview Passport with visa Sealed Immigration Packet
Present to CBP
When to Travel
Usually within 6 months from date of issuance
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14. Post Interview Passport with visa Sealed Immigration Packet
Present to CBP
When to Travel
Usually within 6 months from date of issuance
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15. U Consular Processing
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16. Kentucky Consular Center (KCC)
I-918 or I-918 A approved
Kentucky Consular Center (KCC)
US Consulate
Abroad
CBP
Arrival in US
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17. 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
and
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.
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18. Documents Complete DS -160 (keep bar code page)
Look up country-specific instructions
Fees
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19. 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
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20. After documents at the Consulate
Check PIMS
Schedule the Interview
Applicant may need to purchase PIN
Check Country-Specific Instructions
Interview
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21. 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
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22. Consular Processing and I-929s
Resembles more of Immigrant Visa process
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23. PAROLE
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24. 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
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25. 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 (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. 
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26. 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
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27. 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
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28. 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. 
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29. 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. 
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30. 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

31. 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

32. 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
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33. 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
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34. 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:
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:
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 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. 
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35. 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. 
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36. 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?
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