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Monday

,
September 17, 2007

Part IV

Department of
Homeland Security
8 CFR Parts 103, 212, et al.
New Classification for Victims of Criminal
Activity; Eligibility for ‘‘U’’ Nonimmigrant
Status; Interim Rule
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53014 Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Rules and Regulations

DEPARTMENT OF HOMELAND ADDRESSES: You may submit comments, D. Small Business Regulatory Enforcement
SECURITY identified by DHS Docket No. USCIS– Fairness Act of 1996
2006–0069 by one of the following E. Executive Order 12866 (Regulatory
8 CFR Parts 103, 212, 214, 248, 274a Planning and Review)
methods: F. Executive Order 13132 (Federalism)
and 299 • Federal eRulemaking Portal: http:// G. Executive Order 12988 (Civil Justice
[CIS No. 2170–05; DHS Docket No. USCIS– www.regulations.gov. Follow the Reform)
2006–0069] instructions for submitting comments. H. Family Assessment
• Mail: Chief, Regulatory I. Paperwork Reduction Act
RIN 1615–AA67 Management Division, U.S. Citizenship
and Immigration Services, Department I. Public Participation
New Classification for Victims of of Homeland Security, 111 Interested persons are invited to
Criminal Activity; Eligibility for ‘‘U’’ Massachusetts Avenue, NW., 3rd Floor, participate in this rulemaking by
Nonimmigrant Status submitting written data, views, or
Washington, DC 20529. To ensure
AGENCY: U.S. Citizenship and proper handling, please reference DHS arguments on all aspects of this interim
Immigration Services, DHS. Docket No. USCIS–2006–0069 on your rule. U.S. Citizenship and Immigration
ACTION: Interim rule with request for correspondence. This mailing address Services (USCIS) also invites comments
comments. may also be used for paper, disk, or CD– that relate to the economic,
ROM submissions. environmental, or federalism effects that
SUMMARY: This interim rule amends • Hand Delivery/Courier: Regulatory might result from this interim rule.
Department of Homeland Security Management Division, U.S. Citizenship Comments that will provide the most
regulations to establish the requirements and Immigration Services, Department assistance to USCIS in developing these
and procedures for aliens seeking U of Homeland Security, 111 procedures will reference a specific
nonimmigrant status. The U Massachusetts Avenue, NW., 3rd Floor, portion of the interim rule, explain the
nonimmigrant classification is available Washington, DC 20529. Contact reason for any recommended change,
to alien victims of certain criminal Telephone Number (202) 272–8377. and include data, information, or
activity who assist government officials FOR FURTHER INFORMATION CONTACT: authority that support such
in investigating or prosecuting such Laura Dawkins, U.S. Citizenship and recommended change.
criminal activity. The purpose of the U Immigration Services, Department of Instructions: All submissions received
nonimmigrant classification is to Homeland Security, 111 Massachusetts must include the agency name and DHS
strengthen the ability of law Avenue, NW., 3rd Floor, Washington, Docket No. USCIS–2006–0069. All
enforcement agencies to investigate and DC 20529, telephone: (202) 272–8350. comments received will be posted
prosecute such crimes as domestic without change to http://
SUPPLEMENTARY INFORMATION: This
violence, sexual assault, and trafficking www.regulations.gov, including any
supplemental information section is
in persons, while offering protection to personal information provided.
organized as follows: Docket: For access to the docket to
alien crime victims in keeping with the
humanitarian interests of the United I. Public Participation read background documents or
States. II. Background and Legislative Authority comments received go to http://
This interim rule outlines the III. Analysis of Requirements and Procedures www.regulations.gov. Submitted
Under This Interim Rule
eligibility and application requirements comments may also be inspected at the
A. Eligibility Requirements for U
for the U nonimmigrant classification Nonimmigrant Status Regulatory Management Division, U.S.
and the benefits and limitations relating 1. Victims of Qualifying Criminal Activity Citizenship and Immigration Services,
to those granted U nonimmigrant status. Who Have Suffered Physical or Mental Department of Homeland Security, 111
This interim rule also amends existing Abuse Massachusetts Avenue, NW., 3rd Floor,
regulations to include U nonimmigrants 2. Possession of Information Concerning Washington, DC 20529.
among the nonimmigrant status holders the Qualifying Criminal Activity
able to seek a waiver of documentary 3. Helping Law Enforcement in the II. Background and Legislative
requirements to gain admission to the Investigation or Prosecution of Criminal Authority
Activity Congress created the U nonimmigrant
United States, and to permit
4. Criminal Activity That Violated U.S.
nonimmigrants to change status to that Law or Occurred in the United States
classification in the Battered Immigrant
of a U nonimmigrant where applicable. B. Application Process Women Protection Act of 2000
This rule also establishes a filing fee for 1. Filing the Petition to Request U (BIWPA). See Victims of Trafficking and
U nonimmigrant petitions. Nonimmigrant Status Violence Protection Act of 2000, div. B,
Aliens who have been granted interim 2. Initial Evidence Violence Against Women Act of 2000,
relief from USCIS are encouraged to file 3. Derivative Family Members tit. V, Battered Immigrant Women
for U nonimmigrant status within 180 4. Designations Protection Act of 2000, Pub. L. 106–386,
days of the effective date of this interim C. Adjudication and Post-Adjudication sec. 1513, 114 Stat. 1464, 1533–37
1. Credible Evidence
rule. USCIS will no longer issue interim (2000), amended by Violence Against
2. Prohibitions on Disclosure of
relief upon the effective date of this Information Women and Department of Justice
rule; however, if the alien has properly 3. Annual Numerical Limitation on Grants Reauthorization Act of 2005 (VAWA
filed a petition for U nonimmigrant of U Nonimmigrant Status 2005), tit. VIII, Pub. L. 109–162, 119
status, but USCIS has not yet 4. Decision on Petitions Stat. 2960 (2006), amended by Violence
adjudicated that petition, interim relief 5. Benefits for U Nonimmigrants Against Women and Department of
will be extended until USCIS completes 6. Travel Outside the United States Justice Reauthorization Act—Technical
7. Revocation of U Nonimmigrant Status
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its adjudication of the petition. Corrections, Pub. L. 109–271, 120 Stat.
8. Removal Proceedings
DATES: Effective date. This rule is D. Filing and Biometric Services Fees
750 (2006). Alien victims may not have
effective October 17, 2007. IV. Regulatory Requirements legal status and, therefore may be
Comment date. Written comments A. Administrative Procedure Act reluctant to help in the investigation or
must be submitted on or before B. Regulatory Flexibility Act prosecution of criminal activity for fear
November 16, 2007. C. Unfunded Mandates Reform Act of 1995 of removal from the United States. In

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Federal Register / Vol. 72, No. 179 / Monday, September 17, 2007 / Rules and Regulations 53015

passing this legislation, Congress Federal, State, or local authority U.S.C. 1182(d), to provide for a waiver
intended to strengthen the ability of law investigating or prosecuting criminal of inadmissibility if the Secretary of
enforcement agencies to investigate and activity; and Homeland Security determines that
prosecute cases of domestic violence, • The criminal activity must have such a waiver is in the public or
sexual assault, trafficking of aliens and violated U.S. law or occurred in the national interest.1 Finally, the BIWPA
other crimes while offering protection to United States (including Indian country added a new paragraph (1)(E) to 8 U.S.C.
victims of such crimes. See BIWPA, sec. and military installations) or the 1367(a) to prohibit adverse
1513(a)(2)(A). Congress also sought to territories and possessions of the United determinations of admissibility or
encourage law enforcement officials to States. deportability and disclosure of
better serve immigrant crime victims. Id. INA sec. 101(a)(15)(U)(i), 8 U.S.C. information pertaining to an alien
The U nonimmigrant classification 1101(a)(15)(U)(i). Qualifying criminal seeking U nonimmigrant status, except
was established under section 1513(b) of activity is defined by statute to be in certain circumstances. BIWPA sec.
the BIWPA. Notwithstanding the title of ‘‘activity involving one or more of the 1513(d) (amending section 384(a) of the
the legislation, the U nonimmigrant following or any similar activity in Illegal Immigration and Immigrant
classification is available to qualified violation of Federal, State, or local Reform Act (IIRIRA), div. C of the
victims of crimes, without regard to criminal law: Rape; torture; trafficking; Omnibus Appropriations Act of 1996,
gender. The U nonimmigrant incest; domestic violence; sexual Pub. L. 104–208, 110 Stat. 3009 (1996)).
classification provides temporary assault; abusive sexual contact; Following passage of the BIWPA in
immigration benefits to certain victims prostitution; sexual exploitation; female October 2000, USCIS implemented
of criminal activity who: (1) Have procedures to ensure that those aliens
genital mutilation; being held hostage;
suffered substantial mental or physical who appeared to be eligible for U
peonage; involuntary servitude; slave
abuse as a result of having been a victim nonimmigrant status under the BIWPA
trade; kidnapping; abduction; unlawful
of criminal activity; (2) have would not be removed from the United
criminal restraint; false imprisonment;
information regarding the criminal States until they had an opportunity to
blackmail; extortion; manslaughter;
activity; and (3) assist government apply for such status. See e.g.,
murder; felonious assault; witness
officials in the investigation and Memorandum from Michael D. Cronin,
tampering; obstruction of justice;
prosecution of such criminal activity. Acting Executive Associate
perjury; or attempt, conspiracy, or
USCIS can only grant U nonimmigrants Commissioner, Office of Field
solicitation to commit any of the above
status to 10,000 principal aliens in each Operations, Immigration and
fiscal year. See INA sec. 214(p)(2), 8 mentioned crimes[.]’’ Id.,(iii). The list of Naturalization Service (Aug. 30, 2001);
U.S.C. 1184 (p)(2). (Note: this number qualifying crimes represents the myriad Memorandum from William R. Yates,
does not include persons eligible for U types of behavior that can constitute Associate Director of Operations,
nonimmigrant derivative status—e.g. domestic violence, sexual abuse, or USCIS, Centralization of Interim Relief
spouses, children, or parents of trafficking, or are crimes of which for U Nonimmigrant Status Applicants
applicants—as discussed in Section III. vulnerable immigrants are often targeted (Oct. 8, 2003) (http://www.uscis.gov/
C. of this rule below). as victims. graphics/services/tempbenefits/
Aliens granted U nonimmigrant status U nonimmigrant status can also antitraf.htm); Memorandum from
can remain in the United States for a extend to certain family members of the William R. Yates, Associate Director of
period of up to four years, with possible alien victim. If the alien victim is under Operations, USCIS, Assessment of
extensions upon certification of need by 21 years of age, the victim’s spouse, Deferred Action in Requests for Interim
certain government officials. INA sec. children, unmarried siblings under 18 Relief from U Nonimmigrant Status
214(p)(6), 8 U.S.C. 1184(p)(6). Section years of age, and the victim’s parents Eligible Aliens in Removal Proceedings
1513(f) of the BIWPA provides DHS may qualify for U nonimmigrant status. (May 6, 2004) (http://www.uscis.gov/
with discretion to convert the temporary INA sec. 101(a)(15)(U)(ii)(I), 8 U.S.C. graphics/services/tempbenefits/
U nonimmigrant status to permanent 1101(a)(15)(U)(ii)(I). If the alien victim antitraf.htm).2 Alien victims who may
resident status if (1) the alien has been is 21 years of age or older, his or her be eligible for U nonimmigrant status
physically present in the United States spouse and children may also qualify were given the opportunity to ask
for a continuous period of at least three for U nonimmigrant status. INA sec. USCIS for interim relief pending the
years since the date of admission as a U 101(a)(15)(U)(ii)(II), 8 U.S.C. promulgation of implementing
nonimmigrant; and (2) DHS determines 1101(a)(15)(U)(ii)(II). regulations. Family members seeking to
that the ‘‘alien’s continued presence in Aliens applying for U nonimmigrant derive immigration benefits from such
the United States is justified on status must provide a certification from aliens were accorded the same
humanitarian grounds, to ensure the a Federal, State or Local law treatment. Interim relief provides alien
family unity, or is otherwise in the enforcement official demonstrating that victims with parole, stays of removal, or
public interest.’’ the applicant ‘‘has been helpful, is being assessed deferred action, as well as an
To qualify for the U nonimmigrant helpful, or is likely to be helpful’’ in the opportunity to apply for employment
classification: investigation or prosecution of the authorization.3
• The alien must have suffered qualifying criminal activity. INA sec.
substantial physical or mental abuse as 214(o), 8 U.S.C. 1184(o). The BIWPA 1 Unless waived, a ground of inadmissibility can

a result of having been a victim of further directs DHS to provide aliens preclude an alien from receiving nonimmigrant
who are eligible for U nonimmigrant status. 8 CFR 214.1(a)(3). Section 212(a) of the INA,
qualifying criminal activity; 8 U.S.C. 1182(a), contains a list of the grounds of
• The alien must be in possession of status with referrals to nongovernmental inadmissibility.
information about the criminal activity organizations (NGOs) to advise the 2 Copies of these documents are accessible on the
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of which he or she has been a victim; aliens regarding their options in the public docket for this rulemaking at
• The alien must be of assistance to United States. Id. Further, USCIS is www.regulations.gov, Docket Number USCIS–2006–
a Federal, State, or local law required to provide U nonimmigrants 0069.
3 Parole is permission given by DHS that allows
enforcement official or prosecutor, a with employment authorization. Id. an alien to physically enter the United States
Federal or State judge, the Department Section 1513(e) of the BIWPA temporarily for urgent humanitarian reasons or
of Homeland Security (DHS), or other amended section 212(d) of the INA, 8 Continued

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(3) rights).8 (2005). and qualifying generally entitled to rights or services as family members who have been granted crime or qualifying criminal activity. INA sec. USCIS drew from established classification and the benefits and A. 8 CFR 212.’’ USCIS. After the effective date of this rule.7 to prescribe the filing fee for U. 1101(a)(15)(U)(i)(I).’’ Federal limitations relating to those granted U Nonimmigrant Status statutory provisions consistently define nonimmigrant status. provide DOJ 180 days of the effective date of this are discussed below. if the alien has This rule generally defines ‘‘victim of To implement the BIWPA and its properly filed a Form I–918. AG Guidelines at 10. or mental abuse as a result of having therefore. See new 8 CFR 212(d)(5)(A). 20. and stays of definition. R.17.usdoj. ‘‘victim’’ under this rule to persons. were viewed by USCIS as an 8 CFR 299. also include pecuniary administrative decision to stop temporarily the clarifies how victims of witness crimes within the scope of qualifying activities.14(a)(14)(ii). criminal activity’’ is provided by new 8 but will exercise its discretion on a case- USCIS will reevaluate previous grants of CFR 214. An example of an manslaughter and victims of violent unusually direct injury suffered by a significant public benefit.2 to permit implementation of each requirement. Within this by-case basis to treat bystanders as deferred action. evidence of employment authorization. The AG Guidelines employment. ch. 1182(d)(5)(A). and some of the A stay of deportation or removal is an 214.C. USCIS relate to this eligibility requirement: individuals whose injuries arise only encourages petitioners and Victims of qualifying criminal activity. 4 The AG Guidelines.4 U nonimmigrant petitions. who is directly and proximately harmed classification. USCIS does not the interim relief process will no longer Activity be in effect. Eligibility Requirements for U definitions of ‘‘victim. ‘‘victim. and 8 activity. See 8 CFR 241. 53016 Federal Register / Vol. this ‘‘victim’’ as one who has suffered direct interim rule provides definitions of There are four statutory eligibility harm or who is directly and proximately relevant terms contained in the BIWPA requirements for U nonimmigrant harmed as a result of the commission of and establishes procedures and status.C. 10603(c) standards for adjudicating petitions for physical or mental abuse as a result of (relating to terrorism). 214.14(a)(14)(iii).ojp. In addition.g.5. Detention and Deportation definition of ‘‘victim. 8 CFR 1241. P. and correctional agencies certain U nonimmigrants seeking must have suffered substantial physical in the treatment of crime victims and. 42 U. victims. However. only grants Officer’s Field Manual.html). also excludes alien victims who are activities for U nonimmigrant status. Victims of Qualifying Criminal injuries as victims. See 8 CFR entities and therefore limits the definition of an alien.S. Deferred from the definition of victim. U nonimmigrant status. 8 development of this rule’s definition of CFR 103.S. These definitions Guidelines.14(a)(14). Department themselves culpable of criminal activity the AG Guidelines include business entities in the of Homeland Security. parole. The definition also aforementioned statutes. 101(a)(15)(U)(i)(I). After the 180-day time period. 18 U. the entry is not deemed criminal activity who are incapacitated bystander would be a pregnant to be an admission to the United States. (2) possesses information U. This interim victim. 8 CFR 274a. Therefore.1 to criminal activity violated the laws of the 1998) (reviewing the possible include U nonimmigrant status United States or occurred in the United definitions of ‘‘victim’’). but USCIS qualifying criminal activity’’ as an alien creation of the U nonimmigrant has not yet adjudicated that petition.’’ See Attorney General nonimmigrants to change status to that Guidelines for Victim and Witness 1. 8 CFR 274a.3d 702. Crim.S. however. Fed. this interim rule outlines interim relief will be extended until by qualifying criminal activity. Immigration and Customs Enforcement.gov/ovc/publications/ Mental Abuse to the list of aliens authorized to accept welcome.1 to prescribe the petition been a victim of qualifying criminal informative resource in the form for U nonimmigrant status. Deferred physical or mental abuse and did not expressly action is an exercise of prosecutorial discretion that qualifying criminal activity. 72. nonimmigrant status. however. Victims of Qualifying Criminal of a U nonimmigrant. relief. 142 F.C. and BIWPA. obstruction of justice. 32(a)(2) of inadmissibility created by the BIWPA has been helpful. see also United States v. subject to non-immigrant status to individuals.6.. This U nonimmigrant status and this rule’s adopts a similar definition of the term rule also amends 8 CFR 248. 8 U. rule defines the following terms that The AG Guidelines also state that As discussed below. definition.SGM 17SER2 .C. To formulate the general requirements for the U nonimmigrant Form I–918. limits the qualification ordered deported or removed from the United perjury can constitute victims of requirements to aliens who suffer substantial States. No. See e. See new 8 reference pecuniary crimes. This interim rule crimes are not included as qualifying criminal case being made a lower priority for removal. 2007 Jkt 211001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. bystanders who suffer unusually direct a. require an application to be filed for nonimmigrant status is that the alien prosecutorial. 212. VerDate Aug<31>2005 18:24 Sep 14. September 17. the alien (1) Has suffered a crime. 18 the filing procedures and adjudication activity. New 8 CFR or prosecution of the crime.14(a)(14)(i). not to business action does not confer any immigration status upon certain exceptions. INA or incompetent. 179 / Monday. 2007 / Rules and Regulations III. The rule amends 8 CFR 212. 3771(e) (relating to crime victim standards for applications for the waiver concerning such criminal activity. This section of the Department of Justice’s (DOJ’s) Attorney status holders able to seek a waiver of SUPPLEMENTARY INFORMATION describes General Guidelines for Victim and documentary requirements to gain each statutory eligibility requirement for Witness Assistance (AG Guidelines) admission to the United States. The recipients among the nonimmigrant States.6.S. indirectly from an offense are not accompanying or following to join physical or mental abuse. the rule provides for indirect victims where that bystander suffers an removal and terminate such interim victims of the criminal activities in the unusually direct injury as a result of a relief for those aliens who fail to file case of deceased victims of murder and qualifying crime. 8 CFR the eligibility and application USCIS completes its adjudication of 214.13(a) to The first eligibility requirement for U serve to guide federal investigative. pecuniary mstockstill on PROD1PC66 with RULES2 defers the removal of the alien based on the alien’s CFR 214.S. personnel discretion to treat as victims rule. however.C. The deportation or removal of an alien who has been tampering. and (4) the Terry. and USCIS will not anticipate approving a significant consider initial requests for interim The meaning of ‘‘victim of qualifying number of applications from bystanders. is being helpful or is (defining victim for sentencing that is available to those seeking U likely to be helpful in the investigation purposes). The AG interim relief to file Form I–918 within New 8 CFR 214. Analysis of Requirements and Form I–918 within the 180-day time (i) Direct Victims Procedures Under This Interim Rule period. Specifically.14(a)(14). 710–11 (4th Cir. It also describes having been a victim of certain criminal 3663(a)(2) (relating to restitution).12(a) Assistance at 9 (May 2005) (http:// Activity Who Have Suffered Physical or to add U nonimmigrant status recipients www.14(a).

USCIS has determined that ‘‘victim. obstruction of is eligible to be considered a victim. USCIS reads the phrase ‘‘one or 101(a)(15)(U)(ii) of the INA. arrest. or (2) to further family members on the list of indirect criminal activity. prosecute. incapacitated. the qualifying crimes listed in the statute. the BIWPA—to encourage cooperation this exclusion is warranted. September 17. from being deemed a victim. listing qualifying Drawing from the AG Guidelines in petition. parent. 8 U. included as family members on his 1101(a)(15)(U)(iii). For example.C. See new 8 CFR to be accorded U nonimmigrant status. Id. or perjury must have been For instance. 5 and. sibling. if the direct petitioners must meet all of the This rule excludes a person who is victim is or was under 21 years of age. available or sufficiently able to help in otherwise bring him or her to justice for USCIS notes. See person. husband could file as a principal However. Id. or perjury is an alien who has separate families and lead to anomalous been directly and proximately harmed persons who are not direct victims of a results. Extending immigration Accordingly. would be petitioner and the children could be 101(a)(15)(U)(iii) of the INA.14(a)(14)(i) & (ii). as will be discussed later in criminal activity explicitly states that conjunction with the U classification this Supplementary Information. Id. includes the crimes enforcement officials because the direct when a perpetrator commits one of the of murder and manslaughter.SGM 17SER2 . 72. This is because the list of valuable information regarding the tampering.g. or another requirement that they do so. In means: (1) To avoid or frustrate efforts could leave minor children without U to investigate. AG Guidelines. the parent of a murder children could each apply as principal committed in relation to one of the other victim is only considered a victim if his petitioners. in the case of a crime where the direct victim is by the perpetrator of one of these three mother who is murdered and leaves crimes. above of a mother who is murdered and whether or not the criminal activity of only the first available person on the list leaves behind a husband and minor witness tampering. Therefore. USCIS looked to the purpose of culpable persons. at 9. eligible to apply (iii) Culpability of the Victim incapacitated victims: Spouses. VerDate Aug<31>2005 18:24 Sep 14.14(a)(14)(ii). 2007 / Rules and Regulations 53017 bystander who witnesses a violent crime AG Guidelines. members who are recognized as indirect not require such a nexus. See new 8 214. USCIS identified another obstruction of justice. child. deemed the victim. otherwise be available to law category as individuals who are harmed 1101(a)(15)(U)(iii). 8 U. nonimmigrant classification does not determine whom the BIWPA was meant 1101(a)(15)(U)(i). obstruction of justice. as principal petitioners.’’ As discussed above. or incompetent or victims and.C. 8 U. person on the AG Guidelines list could The AG Guidelines also cover those of justice. members of deceased. or her child is unmarried. or under husband. the rule harmed when the perpetrator uses the Therefore.S. in order such a restrictive definition of victim to be classified as a victim under (ii) Indirect Victims would not adequately serve the purpose Federal law. this rule extends the included as a family member on one of listed thereafter may qualify victim definition to the following list of the children’s petitions. The list incompetent. manslaughter. 1101(b). as the first person on the list. definition to include certain family authorities. incompetent victims. 8 U. The spouse. describing who apply to other individuals. and perjury. the direct victim is not nonimmigrant status protection. New another family member. By extending the victim frustrate the efforts of law enforcement also includes witness tampering.S. however. Unlike the to protect. given that these criminal qualifies as a U nonimmigrant neither activities are not targeted against a explicitly covers nor explicitly excludes 5 Qualifying children also must be unmarried. or perjury. Family members of USCIS considered which categories of contemplates encompassing certain murder. For 8 CFR 214. or people would suffer direct and indirect victims in addition to direct incapacitated victims frequently have proximate harm from witness victims. or three crimes in order to avoid or targets of which are deceased. manslaughter. murder or manslaughter). nonimmigrant classification classification. this rule extends the encourages these family members to legal system to exploit or impose control definition of victim beyond the direct fully participate in the investigation or over them. eligibility requirements that the direct culpable for the qualifying criminal parents and unmarried siblings under victim would have had to meet in order activity being investigated or prosecuted 18 years of age. 179 / Monday. the criminal activity must involve ‘‘one statutory provision describing Likewise. or such category as individuals who are which are not crimes against a person.S. that while an investigation or prosecution of the other criminal activity. CFR 214. in the scenario described this definition. USCIS considered Under the AG Guidelines.S. Family independently. 1502)— at what occurs that she suffers a available person on the list of indirect and to the federal definitions of the term miscarriage. See new 8 CFR benefits only to the first available victim of witness tampering. this rule provides that a certain circumstances. however. extending benefits only to the principally committed the offense as a incompetent or incapacitated. 101(b). and qualifying criminal activity at section criminal activity that would not perjury. USCIS identified one such 101(a)(15)(U)(iii) of the INA. Therefore. the text of section as the first person on the list. obstruction 214. Although the extend the victim definition beyond obstruction of justice. victims. children for U nonimmigrant status as principal under 21 years of age. incompetent. where there are reasonable deceased as a result of the qualifying behind her husband and young crime (e. USCIS believes that INA sec. nonimmigrant status in their own right undue control over the alien through legal guardian. the statutory provision at section mstockstill on PROD1PC66 with RULES2 these family members since the U interpretive challenge for USCIS was to 101(a)(15)(U)(i) of the INA. the husband and minor justice. therefore. could be more’’ to mean that each of the crimes 1101(a)(15)(U)(ii)). In developing person designated by the court. In the alternative. 2007 Jkt 211001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. victim of qualifying criminal activity in prosecution.S. 8 U.14(a)(14)(iii). the rule does not restrict with criminal investigations and protect and becomes so frightened or distraught the victim definition only to the first vulnerable victims (BIWPA sec. an individual must suffer USCIS believes that the U behind the U nonimmigrant direct and proximate harm. Federal Register / Vol. incapacitated. the children potentially could or more’’ of the 27 categories of crimes qualifying family members (section be principal petitioners and their father listed. example. there is no manipulation of the legal system.14(a)(14)(i). No. children.C. the direct victim is deceased.C. This rule does not In the case of witness tampering. the age of 18. grounds to conclude that the perpetrator children.C. or these situations. The AG Guidelines victims under this rule may apply for U his or her abuse or exploitation of or list such indirect victims to be a spouse. this rule does indirect victims in the case of murder. (the husband of the deceased).

even if the crimes are USCIS will consider when determining on the statutory list. or harm to or physical or mental injury or condition at criminal activity to law enforcement impairment of the emotional or the time of the abuse. but is then held in involuntary CFR 214. and 216. the investigators discover that any criminal activity in which they may able to evaluate the kind and degree of the perpetrator is also abusing his wife have at one time engaged. ‘‘physical or mental abuse. how to define the term physical or extent to which any pre-existing 1513(a)(1)(B). to mstockstill on PROD1PC66 with RULES2 severity of the abuse inflicted by the statutory list of criminal activity is not give effect to congressional intent.14(a)(8).14(a)(9). 8 U. the which immigrants are targets while is intended to address the severity of the similarities must be substantial. mental injury. 2007 Jkt 211001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2.’’ activity. ‘‘substantial. specific (2)(iv). See mental harm. The or she is a victim. Section 101(a)(15)(U)(i)(I) listed may be a qualifying criminal new 8 CFR 214. Also. USCIS notes harm suffered by the individual and children. Battery and criminal activity in section possess information concerning extreme cruelty are terms that the 101(a)(15)(U)(iii) of the INA. It is also a non-exclusive list. Physical or Mental Abuse substantial. for the non- concluded that. this and prosecution of the perpetrators of New 8 CFR 214. qualifying States. 216. while the nature related.5(e)(3)(i).’’ The similar activity. 214. The second eligibility mental abuse. the perpetrator may not be charged or in the smuggling crime and for illegally duration of the infliction of the harm.’’ however. in the course of investigating defined as a victim. New 8 are comparable. c.2(c)(1)(vi).2(c). substantial physical or mental abuse 8 CFR 214.14(b)(2). In passing the BIWPA. but instead. an alien who whether the physical or mental abuse at and elements of both criminal activities agrees to be smuggled into the United issue qualifies as substantial. 101(a)(15)(U)(i)(II). 2007 / Rules and Regulations This exclusion does not apply to an to make case-by-case determinations. USCIS rule’s definition of ‘‘any similar purpose of the statute is thwarted. These factors are: The criminal activity may occur during the servitude may still be deemed to be a nature of the injury inflicted or suffered. Rather violations. See AG existence of one or more of the factors does not automatically create a 2. For instance. Qualifying Criminal Activity violence that results in physical or therefore.e.C. but instead knowledge of the details (i. USCIS will be charges. it is not reasonable mental soundness of the victim. that would assist in the investigation or encompasses a wide range of physical or Any similar activity to the activities prosecution of the criminal activity. the though he or she also may be culpable the severity of the harm suffered. or physical or example. See 8 CFR 204.S. No. This interim rule adopts the that Congress expressed in sections which establishes this as a requirement. USCIS has concluded that it composed of specific statutory information that the alien must possess is reasonable to consider both.SGM 17SER2 . A series of acts taken U. a list of general categories of criminal facts) concerning the criminal activity The term. USCIS believes that. presumption that the abuse suffered was the Qualifying Criminal Activity b. the perpetrator.. For varying reasons.’’ See 8 CFR 204.C. Federal embezzlement and fraud to exclude individuals simply based on Through these factors. the stated is ‘‘substantial. USCIS looked to regulations occur repeatedly over a period of time. Id. citizens and lawful is substantial. The statutory list of qualifying USCIS will consider an alien victim to 8 CFR 216. information about the qualifying promulgated following the enactment of USCIS will consider the abuse in its criminal activity of which he or she is VAWA 1994 that allow battered spouses totality to determine whether the abuse a victim. qualifying criminal activity of which he regulations use interchangeably with the 1101(a)(15)(U)(iii). by the AG Guidelines. Possession of Information Concerning Guidelines. or the bases this definition on the fact that the criminal activity. specific statutory violations.14(b)(2). Instead. No single factor laws. The rule provides that for facilitate the investigation and however. 179 / Monday.5(e)(3)(i). believes that a better approach would be activity’’ takes into account the wide Possession of information concerning VerDate Aug<31>2005 18:24 Sep 14. If not. 1101(a)(15)(U)(i)(I). is not included in the rule.S. BIWPA sec. health. USCIS providing protection for victims of such injury suffered by the victim.’’ See new 8 CFR of U nonimmigrant status was to statutory provision does not make clear. but because there are no that this approach of distinguishing applicant based upon that applicant’s applicable Federal domestic violence between those who are culpable for the individual experience. 8 and children of U. whether the harm is substantial. which criminal activity may be named the one under investigation or This rule lists a number of factors differently than criminal activity found prosecution. 1101(a)(15)(U)(i)(II). 53018 Federal Register / Vol.5(e)(3)(iii). USCIS examined existing conditions were aggravated.14(b)(1). while it is reasonable to permanent or serious harm to the qualifying criminal activity. See 8 CFR 204. statutory list of criminal activity and 1513(a)(1) and (2) of the BIWPA make qualifies ‘‘physical or mental abuse’’ further defines what constitutes ‘‘any clear that the intent behind the creation with the term. 72. Possessing 216. whether the standard of a criminal activity to be deemed similar prosecution of criminal activity of ‘‘substantial’’ physical or mental abuse to one specified on the statutory list. 8 U. prosecuted for the qualifying criminal entering the United States. he is charged only with non- qualifying crime and those who are is a prerequisite to establish that the qualifying Federal embezzlement and culpable for other crimes is supported abuse suffered was substantial. variety of state criminal statutes in alien who committed a crime other than using factors as guidelines. commission of non-qualifying criminal victim of involuntary servitude even the severity of the perpetrator’s conduct. alien is not a direct or indirect victim to refer to any act or threatened act of would not satisfy this requirement and. Some requirement for U nonimmigrant status regulations that use similar terms. In considering rule requires USCIS to consider the such criminal activity. These regulations use the even where no single act alone rises to information about a crime of which the terms ‘‘battery’’ and ‘‘extreme cruelty’’ that level.C. at 10. is not a list of or she was a victim if he or she has term ‘‘abuse. the fraud crimes. In evaluating and fully participate in the investigation psychological soundness of the victim. The findings of the INA. In addition. the criminal activity must be related to the crime of which he than define what constitutes abuse that listed is stated in broad terms.2(c)(2)(vi). Congress This rule defines physical or mental USCIS recognizes the possibility that wanted to encourage aliens who are abuse to mean injury or harm to the some victims will have a pre-existing victims of criminal activity to report the victim’s physical person. activity.S. Id.S. September 17. This rule permanent residents to seek together may be considered to constitute adopts this statutory requirement at new immigration status. USCIS has and the extent to which there is activity. In abuse may involve a series of acts or is that the alien must possess particular. For exclude culpable individuals from being appearance. activity. INA sec.5(e)(3).

SGM 17SER2 . USCIS believes that the individuals who are incapacitated or that the date on which the qualifying statute imposes an ongoing responsibility on the alien victim to incompetent and allows a parent. have criminal next friend of the alien) has been. Helping Law Enforcement in the to an investigation or prosecution. mental incompetence.14(a)(7). in the investigation or prosecution of CFR 214. assistance. the statute does not require is set forth in new 8 CFR 214. guardian. Helpfulness respect to the helpfulness requirement activity first occurred is the applicable USCIS interprets ‘‘helpful’’ to mean at new 8 CFR 214. refuse to of establishing whether the exception is young to adequately understand and provide continuing assistance when triggered. 8 U.S.’’ As discussed lieu of incapacitated or incompetent was written with several verb tenses.14(a)(2).S. INA sec. the certifying official while in U it. or next friend to be helpful in appropriate date for triggering this ongoing need for the applicant’s those instances. day on which an act constituting an This rule reiterates the exception with element of the qualifying criminal a. investigation to move forward. INA sec. guardian. applicable age to consider for purposes is at an age where he or she may be too after initiating cooperation. See INA sec. The rule also permits a parent. 1255(m)(1). 495 U. 179 / Monday. New 8 CFR also extends the exception to information. nonimmigrant status. the This includes traditional law Investigation or Prosecution of Criminal purpose of the BIWPA is not furthered.C. provides for alien victims who are 8 U. New 8 CFR 214.S. criminal activity began is the provide assistance. incompetent or incapacitated. This rule reiterates Additionally. or next friend to provide interpretation on the plain text of the information when the alien victim is statutory provision that sets forth this This rule requires that the assistance incapacitated or incompetent. The next friend is not to provide information concerning the that has responsibility for the a party to the legal proceeding and is criminal activity to allow an investigation or prosecution of the not appointed as a guardian. 8 U. Certifying Agency guardian. This provision specifies assistance be a ‘‘certifying agency. INA sec. 8 U. 1101(a)(15)(U)(III).C. or next friend of the alien victim may assistance in order to remain eligible for next friend provides the required possess that information if the alien U nonimmigrant status. in the case of an alien child under the alien must not have unreasonably Opportunity Commission.14(b)(3). Permitting certain 101(a)(15)(U)(i)(III). investigative jurisdiction in their being. government officials and entities alien who is under the age of 16 or who USCIS believes that Congress intended identified in the statute that is is incapacitated or incompetent. services. See new 8 CFR 214. By allowing an individual nonimmigrant status. victims is supported by the AG recognizing that an alien may apply for an alien victim must include a Guidelines. See for individuals to be eligible for U investigating or prosecuting qualifying Whitmore v. or reasonably requested information and requirement if their parent. respective areas of expertise. State. activity. requirement applies to alien victims him or her to possess information which further provides that the alien who are under 16 years of age. under this rule if he or she appears in upon a showing that he or she may be A ‘‘certifying agency’’ is one of the a lawsuit to act for the benefit of an helpful at some point in the future.S. An prosecution.14(b)(2).14(b)(2).’’ as information regarding the criminal that the age of the alien victim on the defined in new 8 CFR 214. No. The requirement to a ‘‘certifying agency.14(b)(3). exception is the same exception 1101(a)(15)(U)(i)(II).C. INA sec. someone dedicated to the best interests an ongoing responsibility to cooperate 1101(a)(15)(U)(i)(III). 1513(a)(2).14(b)(3). This 101(a)(15)(U)(i)(II). victim does not.C.14(b)(2). in order to qualify for USCIS also recognizes that other nonimmigrant status is that the alien permanent resident status on the basis agencies. The rule government official or authority in the This requirement further suggests an specifies these agencies. The third eligibility requirement for U In addition. 214(p)(1).S. 163–4 (1990) (describing next friend as stages of an investigation. and the the age of 16. VerDate Aug<31>2005 18:24 Sep 14. As such. It relay traumatic and sensitive reasonably requested. assuming there is an guardian.14(b)(3). 149. nonimmigrant status at the very early criminal activity. the Equal Employment (or. later in this Supplementary Information. This requirement An exception to the helpfulness years of age. However. 101(a)(15)(U)(i)(III). guardian.S. 101(a)(15)(U)(i)(III). the parent. When the alien victim is under 16 1101(a)(15)(U)(i)(III). USCIS is excluding criminal activity first occurred is the for possessing information when a child from eligibility those alien victims who. If the alien victim or local law enforcement agency. 245(m)(1). 8 U. Id.’’ New 8 CFR 214. USCIS bases this b. individual will qualify as a next friend to petition for U nonimmigrant status 8 U.S. September 17.C. exception. USCIS believes 214. his or her own behalf because of nonimmigrant status. Arkansas.C. 8 U. See id. at 9. 2007 Jkt 211001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. or refused to provide assistance in a Department of Labor.C. New 8 requirement. INA sec. U nonimmigrant status at different certification from such agency in This rule also defines the term ‘‘next stages of the investigation or support of his or her request for U friend. The purpose of the exception qualifying criminal activity of which he constituting an element of the qualifying is to allow for alternative mechanisms or she is a victim. such as child protective mstockstill on PROD1PC66 with RULES2 victim of qualifying criminal activity of the U nonimmigrant classification. inaccessibility. qualifying criminal activity be provided family members or guardians to act in 1101(a)(15)(U)(i)(III). the parent.14(a)(2). enforcement branches within the Activity See BIWPA sec. 2007 / Rules and Regulations 53019 the criminal activity necessarily means investigation or prosecution of the ongoing responsibility to cooperate with that the alien must have knowledge of qualifying criminal activity. Federal Register / Vol. The rule also assistance. judge. other disability). The age to consider for purposes of assisting law enforcement authorities in provision specifies that the age of the establishing whether the exception is the investigation or prosecution of the victim on the day on which an act triggered. The rule defines a of the individual who cannot appear on with the certifying official while in U ‘‘certifying agency’’ as a Federal. or qualifying criminal activities designated refuses to continue to provide assistance in the BIWPA. or is likely to be helpful to a INA sec. New 8 CFR 214. Rather. 1184(p)(1). is criminal investigation or prosecution. or other authority. 3. criminal justice system. or only reports the crime and is unwilling prosecutor.S. Such regarding the qualifying criminal victim cannot refuse or fail to provide alien victims can satisfy the helpfulness activity. this rule provides that the applicable to the previous requirement this exception at new 8 CFR official or authority receiving the that the alien victim possess 214. 72. This suggests 101(a)(15)(U)(i)(III).

72. Although 18 U. including any leased facility. Also in the context of base closures and criminal activity will have ‘‘violated the referring to the AG Guidelines. 1101(a)(15)(U)(iii).S. 1101(a)(15)(U)(i)(IV). status and describes the evidence that Indian reservation under the State. 2687(e) (defining the term See new 8 CFR 214. 202.’’ but for purposes of based on which laws are violated—U.S.5 (1996). See INA sec. 53020 Federal Register / Vol. activity that has occurred outside of the perpetrator of such crime or criminal aircraft. and the U. defendant.C. center. these requirements.C. United States v.C. interests. USCIS Defense. Virgin Islands. 1101(a)15(u)(i)(III) the territories and possessions of the has not included them in this regulatory and 1184(p)(1). 214.’’ used in 208 n. INA prosecutions. 8 U. qualifying rule designates the form that petitioners Under this rule. Alaska. Midway Atoll. is defining the term to include the control.S.. law.C. absolute definition. USCIS looked to other a federal statute that specifically activity is within the scope of a law statutory definitions of the term. 8 U. See the United States (including in Indian Islands are also considered territories or INA sections 101(a)(15)(U)(i)(III) & country and military installations) or possessions of the United States. This rule defines that term as States that is in violation of U.14(a)(11) defines the cases involving U. to mean the continental requires that the criminal activity either nonimmigrant status must be filed by United States. 101(a)(38). ‘‘occurred in the United States. Therefore.S.C.14(b)(4). or local criminal law. and all believes that the distinction refers to procedures. certification of helpfulness. the United States has Judges neither investigate crimes nor of military locations.C. These statutes establish extraterritorial such inclusion is necessary to give effect Buske. 1151 is inside or outside the United States. Swains Island. vehicle. New 8 CFR where the violation occurred. such Samoa. 2007 / Rules and Regulations The rule provides that the term Band of Mission Indians. USCIS interprets ‘‘investigation or prosecution. USCIS certification of helpfulness from a The BIWPA does not define the term does not believe that this distinction is certifying agency. New 8 CFR 214.14(a)(6).S.S.S.S.C. base. Application Process section 101(a)(38) of the INA.S. violation of U.S.’’ Congress has defining the term to include the (relating to military construction). will constitute a detection of qualifying criminal activity New 8 CFR 214. USCIS interprets the and filing requirements for those federal courts have applied this phrase. Jarvis Island. 1101(a)(38).’’ See INA must accompany the form. ‘‘violated the laws of the the statute and throughout the rule. Howland U.S. all sec. 1151. Island. meaning any facility. Hawaii. 2423(c).SGM 17SER2 .14(a)(5). INA 101(a)(15)(U)(i)(IV). provides for extraterritorial jurisdiction. station.S. USCIS also sets forth filing requirements and the borders of the United States. INA. the term ‘‘military United States.C. Prosecution may be United States. activity. VerDate Aug<31>2005 18:24 Sep 14. 214(p)(1).S. 2 M. The rule dependent Indian communities within 1101(a)(15)(U)(iii). or any location under military 101(a)(15)(U)(iii) of the INA. occurred in the United States. 8 U. New 8 CFR 212. USCIS 214(p)(1). 8 U.’’ qualifying family members of the alien statutory definition to both criminal and to mean qualifying criminal activity that victim who also are seeking U civil matters. Guam. to facilitate jurisdiction generally require some certifications on behalf of U criminal investigations and nexus between the criminal activity and nonimmigrant status applications. Cabazon occurred in the United States that is in nonimmigrant status. yard. This definition is based on prosecution actually occur. A enacted a variety of statutes governing conviction and sentencing of the review of the federal case law reveals criminal activity occurring outside the perpetrator because these extend from that this is a nebulous concept with no territorial limits of the United States.C. camp. and the U. No. which permits judges to sign nonimmigrant classification. 2007 Jkt 211001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. 8 U. See. 1975).S. the phrase.g.’’ as referring to criminal includes the detection or investigation installation’’ is not defined in the activity that occurred outside the United of a qualifying crime or criminal BIWPA. tribal and Accordingly. See also 18 be interpreted broadly as in the AG Petrel Islands).S.S. 8 U. 1184(p)(1). Criminal Activity That Violated U. 10 U. Puerto violated the laws of the United States or the alien victim and contain a Rico. Kingman Reef. enforcement officer’s investigative e. or vessel under the United States.S. post.14(b)(4). whether SUPPLEMENTARY INFORMATION discusses 214. This incorporated into the INA definition of such as an inability to extradite the requirement is adopted in new 8 CFR United States.S. U. including the jurisdiction of the United States. The term United States is defined in Section 101(a)(15)(U)(i)(IV) of the B. elsewhere in the statute. definition because they are already impossible due to a number of factors. 8 U. Id. 467 (A. 2801(c)(2) laws of the United States. Bajo Nuevo (the as sexually abusing a minor. AG Guidelines. port. Moreover.S. 101(a)(15)(U)(iii). laws). See California v. at 22–23. Similarly.R. 10 U. criminal jurisdiction. ‘‘Indian country.14(a)(4). the petition for U 1101(a)(38). September 17. 1 (extraterritorial application of 4. Serranilla Bank.C. Baker Island. pursuant to sec. Instead. 1101(a)(15)(U)(i)(IV).S. jurisdiction of the Department of of criminal activity listed in section Referring to the AG Guidelines.C. 8 U. By statute. For example. In order to realize the purpose of the U Statutes establishing extraterritorial 1184(p)(1). This rule provides that criminal conviction. Northern Mariana Islands. 465. law. Although be helpful in the investigation or the laws of the United States or occurred in Guam. 8 U.C. Such duties.S.S. term broadly to encompass a wide range 18 U. to section 214(p)(1) of the INA.C. 8 U. as well as the prosecution. Based this rule. this definition contained in 18 U. the prosecution. 179 / Monday.S. 214(p)(1).M. To develop this qualifying criminal activity if it violates because the detection of criminal definition. Palmyra Atoll. USCIS interpreted the U. but that fits within a type activity. See INA sec. 32 (destruction of an aircraft).S. This section of the mstockstill on PROD1PC66 with RULES2 Indian allotments. Navassa the Sherman Act governing antitrust Law or Occurred in the United States Island. USCIS is adopting the laws or foreign laws—because upon these statutory requirements. 1184(p)(1). or sentencing of the encampment. Virgin prosecution of the criminal activity. Puerto Rico. jurisdiction to investigate and prosecute prosecute perpetrators.C.S.C.S.C. Johnston Atoll. and federal.J. at 26–27.C. and This rule does not require that the The fourth requirement for U Wake Atoll. since the nonimmigrant classification is that the current information that the Department statute only requires an alien victim to qualifying criminal activity violated the of Interior provided to USCIS. as well as eligibility a criminal jurisdiction statute. USCIS is realignments). ‘‘Indian country’’ criminal activity is defined as criminal must use to request U nonimmigrant means all land within the limits of any activity that is ‘‘in violation of Federal. citizens or USCIS believes that the term term ‘‘territories and possessions of the nationals who engage in illicit sexual ‘‘investigation or prosecution’’ should United States’’ to mean American conduct outside the United States. 480 U.C. 15 Guidelines.

USCIS It is important to note that the The rule addresses several special determination that a waiver would be in encourages petitioners and considerations that may affect certain the public or national interest and the accompanying or following to join petitioners seeking to file Form I–918: decision to grant a waiver are made at family members who were granted Filing petitions from outside the United the discretion of the Secretary. This centralization will b. the alien requesting status must crimes or the security and related presence in the United States as a be admissible to the United States. 8 U. 212(a). September 17. taking into account the time it except in extraordinary circumstances. and stays of a. 8 U. the filing fee.S. 179 / Monday. the statute does not require petitioners may take for individuals to learn of this Matter of Jean. status petitions. the correct fee(s). or removal. Petitioners Who Are Inadmissible in U nonimmigrant status cases in 101(a)(15)(T). parole. the Secretary of Homeland allow adjudicators to develop expertise Removal Security first must determine that such in handling U nonimmigrant petitions This rule does not impose a deadline a waiver would be in the public or and provide for uniformity in the for submission of U nonimmigrant national interest. The alien victim may be nonimmigrants and may prescribe follow the instructions to Form I–918 needed in the United States to assist the conditions on their temporary for proper completion and accompany certifying agency in its investigation or admission to the United States.6 Form I–918 requests activity. 1184(a)(1). acts of torture.’’ as the form an alien victim criminal activity that occurred outside 1182(a) (grounds of inadmissibility). 212(d)(14). petitioners must submit a nonimmigrant status. For example. the BIWPA created a information regarding the applicant’s submit petitions from outside the waiver specific to U nonimmigrant eligibility for U nonimmigrant status United States provides the certifying status. Petitioners With Interim Relief From However. See INA Form I–918 with initial evidence and subsequent prosecution of the criminal sec. in extraordinary section 101(a)(15)(U)(i)(IV) of the INA. the Board of 180 days of the effective date of this relief. the Secretary and admissibility to the United States. See INA sec. this status. 21 I&N Dec. other nonimmigrant status. the effect of a petition on interim immigrant context. depending on U. By contrast. or who become underlying offense/s to be waived. to be physically present in the United rule and put together a complete 2002).C.SGM 17SER2 . will not be eligible for Nonimmigrant Status territorial jurisdiction of the United U nonimmigrant status unless the This interim rule designates Form I– States under certain circumstances. nonimmigrant status to the USCIS persecutions. Filing the Petition To Request U criminal activity may occur outside the status is pending. Status. See New 8 CFR 214. the investigation may USCIS has general authority to waive status. petitioners in removal assessing whether an applicant has met the interim relief process will no longer proceedings or subject to a final order of the burden that a waiver is warranted in be in effect. This interim rule does not require properly filed a Form I–918. involving a waiver of a criminal ground within the United States. 23 I&N Dec. adjudicator must balance adverse factors relief. 72. After the 180-day time period and the effect of a petition on other evidencing inadmissibility as a lawful following the effective date of the rule. except the ground where petitioners must file (by mail) complete application package for U applicable to participants in Nazi their application package. 8 U.S. 2007 Jkt 211001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. These permanent resident with the social and USCIS will reevaluate previous grants of considerations are discussed below. To be eligible for U nonimmigrant which a waiver for violent or dangerous explicitly require an alien’s physical status. However. genocide. 1182(d)(3)(B). qualifying those who are inadmissible to the the nature and severity of the 6 A fee waiver is available for the Form I–918 United States.S. Therefore. but USCIS More recently. USCIS believes that 180 determined that favorable discretion victims of qualifying criminal activity to days provides an interim relief recipient should not be exercised for waivers apply for U nonimmigrant status a sufficient period of time within which under section 212(h) of the Act classification from either inside or to file and perfect a U nonimmigrant involving violent or dangerous crimes. to waive any ground of inadmissibility nonimmigrant status rests with USCIS.C.G. petition. 1182(d)(14). rule provides a general rule that DHS classifications. This take place either outside or inside the many grounds of inadmissibility for provision also requires petitioners to United States. In the interim relief to file Form I–918 within States. 212(d)(3)(B). ground of inadmissibility is waived by 918. 2007 / Rules and Regulations 53021 1. USCIS has interim relief will be extended until of inadmissibility under section 209(c) determined that the statutory framework USCIS completes its adjudication of of the Act. while their petition for U nonimmigrant determine that the mere existence of VerDate Aug<31>2005 18:24 Sep 14. Moreover.C. 296 (BIA 1996). At present.C. INA sec. Service Center.C. 8 U. Alien Victims of Qualifying Criminal removal and terminate such interim determine if the grant of the waiver Activity Filing Form I–918 From relief for those aliens who fail to file appears to be in the best interests of the Outside the United States Form I–918 within the 180-day time United States. States to qualify for U nonimmigrant package requesting U nonimmigrant In view of these considerations. immigration benefits. Federal Register / Vol. the Attorney General for U nonimmigrant status permits alien Form I–918.S. No. USCIS has centralized the adjudication location specified in the form or extrajudicial killings. c. However. 1101(a)(15)(U)(i)(IV). humane considerations presented to deferred action. 373 (A. 8 grounds under section 212(a)(3) of the condition of eligibility.14(c)(1). To apply from outside the United with respect to applicants for U The instructions to Form I–918 specify States. inadmissibility. outside the United States. circumstances. if the alien has Moralez.S. must use to request U nonimmigrant the United States.7(c). process for Forms I–918 at its Vermont instructions.S. Fee waivers are governed by 8 CFR inadmissible for conduct that occurs Secretary retains the discretion to 103. see also INA sec. and USCIS will not exclusion. Under this waiver. in rule. agency with the necessary flexibility to of Homeland Security has the discretion Jurisdiction over all petitions for U further the investigation or prosecution. Id.C. the exercise of discretion. 1101(a)(15)(T)). deportation. the consider initial requests for interim changing nonimmigrant classifications. Allowing alien victims to In addition. Act is requested. 8 214(a)(1). adjudication of these petitions. ‘‘Petition for U Nonimmigrant USCIS recognizes that for qualifying USCIS. Matter of Mendez- period. in the context of a case petitioners to file Form I–918 from has not yet adjudicated that petition. Moreover. 8 U.1(a)(3)(i). petitioners subject to grounds of Immigration Appeals has held that. under mstockstill on PROD1PC66 with RULES2 CFR 214. such as the T will only exercise favorable discretion nonimmigrant classification (INA sec. After the effective date of this rule.

53022 Federal Register / Vol.C. DHS has instances in which the U nonimmigrant subsequently denies the petition for U determined that it would not be logical status petitioner or a derivative family nonimmigrant status. 8 U. Davis.C. 701 (2001). there has ICE’s custody while USCIS adjudicates concurrently filed Forms I–192 are been one unified removal process for persons denied an opportunity to have a formerly subject to deportation and exclusion their petition.S. aliens motions to terminate in this rule to Nazi persecutions. 11 Removal proceedings are initiated when an 10 While this rule specifically addresses joint proceedings under section 240 of the alien is provided notice of proceedings through the motions to terminate.S. see Zadvydas v. d. However. Id. 1182(d)(3). 252(c). 3615 (effective April 1.17(b). or Exclusion U. ground of inadmissibility under section jurisdiction over U nonimmigrant DHS is including a specific provision on 212(a)(3)(E) applicable to participants in petitions rests solely with USCIS. see also 8 CFR IIRIRA. 1229c & 1231. there is alien physically present in the United States discretionary stay of removal if they requiring the alien to leave the United States. 1997.’’ the alien.C. or who are the subject of Board. To do so. See INA sections 240B & 241. 242B. 1226 (1996) (amended by IIRIRA sec. such aliens must file an applicant whose waiver application of exclusion is an order issued prior to April 1. 533 Immigration Appeals are within the Department of U.C. 1252. or exclusion who are 212. If.S. VerDate Aug<31>2005 18:24 Sep 14. a petitioner must file Immigration Appeals (Board). the filing of a evaluate the application to determine the proceedings without prejudice while petition for U nonimmigrant status has whether it is in the public or national a petition for U nonimmigrant status is no effect on ICE’s authority to execute interest to exercise discretion to waive being adjudicated by USCIS. An order USCIS. However. The contents of the INA. This rule also provides that Stat. 1997). 179 / Monday. or extrajudicial killings. However. div.C. 110 USCIS has determined that implicit in Stat.17(b)(1). The subject to a final order of removal. For those 212. Clark v. at 3587–3589. 8 U. rules of detention still subsequently filed Form I–192 proceedings.0(a). 8 U. INA sec. alien can provide ‘‘good reason to this interim rule establishes USCIS’ 1229a(c)(5). acts of who are in removal proceedings or who identify a mechanism that conserves torture.13. 2007 / Rules and Regulations extraordinary circumstances is sections 242 and 236 of the INA. New 8 are subject to a final removal order prosecutorial resources with respect to a CFR 212. para.. may be eligible for U the pending proceedings lies within the Act. Since April 1. and USCIS at section 212(d)(14) of the Act.10 New 8 a final order.S. (added by IIRIRA sections 304(a)(3) & 309(d)(2). Justice’s Executive Office for Immigration Review. Under the post-order detention considered in the context of other of a removal order by either DHS or an immigration rules. inadmissibility. 104–208. or will be returned to his or her of removal * * * in the reasonably country of origin (or in some cases to a third waiver of inadmissibility that was country that agrees to accept that person) by the foreseeable future. During proceedings. deportation. New 8 CFR physically outside the United States (or who is 241.6(a) and 8 CFR 1241. C.17(c). Deportation. after six 1229a(c)(1). 371.’’ agreement of DHS’ Bureau of U nonimmigrant status directly with with USCIS. The decision to United States. Immigration Court or has a matter With respect to petitioners who are To apply for a waiver of pending before the Board of the subject of an administrative final inadmissibility. whichever has jurisdiction. Pub.C. an order of supervision. DHS may file a to allow these applicants to be eligible member of the petitioner listed on the new Notice to Appear 11 to place the for a waiver of this ground of Form I–918 is in removal. will be released on revoke a waiver is not appealable. 1997). Deportation. If such a determination is made. ‘‘Application for Stay of 1997. a granted. that refuses the is denied is not prevented from re-filing admission to the United States of an alien who is Removal. 8 joint motion to terminate must be filed insufficient. or The agreement to pursue termination of discretion under section 212(d)(3) of the exclusion.S.S. L. deportation. 9 ICE counsel are authorized to represent DHS in under this rule. including revocation of removal order is issued ordering the alien to leave months of post-order detention. 386 (2005). See no appeal of a decision to deny Form I– INA sec. this process may result in the issuance apply. sec. New 212. this rule provides that they are Form I–192. As with inadmissibility 7 An order of deportation is an order issued prior physically present in the United States waiver applications for other to April 1.7 Because sole prosecutorial discretion of ICE.4(a)(1). INA sec. The alien must leave the United States believe there is no significant likelihood authority to revoke its approval of a on his or her own. this rule provides that April 1. to an should apply separately for a nonimmigrant classifications. the previously granted waiver. to waive the nonimmigrant status. September 17. of the Act. 543 U. or Exclusion Proceedings See 8 CFR 1003. detention.SGM 17SER2 .14(c)(5)(ii) and (f)(6)(iii). 678. 1252b (1996) repealed by wish to remain in the United States 192. See 8 CFR 241. New 8 CFR 212.14(c)(2)(iv). No. an alien who has been subject to judge. in proceedings are terminated. genocide.C. 303(a). 8 The Immigration Court and Board of 241.’’ as provided in 8 CFR a request for a waiver. 2007 Jkt 211001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. 240(a)(3). 8 U. Therefore. New 8 CFR deportation. Martinez.13(a). new Immigration and Customs Enforcement USCIS. of the Act. 308(b)(6). New inadmissibility under section 212(d)(3) or exclusion proceedings before the 8 CFR 214.C. 3009.8 this rule order.2.S. Because Congress nevertheless must file their petition for class of aliens who are providing determined not to make a waiver U nonimmigrant status directly with assistance in investigating and available for this ground of USCIS.C.S. 72. See 6 a stay of removal is in effect will extend Removal.17(b)(2). or in deportation parties from requesting a continuance of the Notice to Appear are prescribed in section 239(a)(1) or exclusion proceedings under former proceeding. individual into proceedings again. 8 CFR 8 CFR 212. the Secretary will not exercise a final order of removal. inadmissibility in the waiver provision nonimmigrant status will not affect the This rule further provides that if created for U nonimmigrant applicants proceedings or the order. Therefore. 1997. 1229a(a)(3) post-order detention for more than six immigration benefits. Petitioners Who Are in Removal. 240(c)(5). DHS Delegation No. ‘‘Application for Advance provides that the alien may seek the not precluded from filing a petition for Permission to Enter as Nonimmigrant. at 3585).6(a). in exclusion proceedings. 8 petitioners who are subject to a final petitioners whose Forms I–918 and U. 8 U. This is to allow those treated as being so).17(b)(2). 236. it does not preclude the service of a Notice to Appear.C. 240(c)(1). the time during which or Who Are Subject to a Final Order of mstockstill on PROD1PC66 with RULES2 Immigration Court and before the Board. 110 while their petition is pending with 212. See generally INA sec. 8 certain exceptions. the United States.S.17(a). 3627). INA sec. 1226 (as in effect before with the Immigration Court or the Additionally. Form I–246. U.14(c)(1)(i) and (f)(2)(i). 7030. New 8 CFR 214. Filing a petition for U prosecuting criminal activity.S.14(c)(1)(ii) and 8 CFR 214. USCIS will (ICE) 9 to file a joint motion to terminate (f)(2)(ii).S. DHS months (dating from the beginning of its discretionary authority to grant a or an immigration judge makes a determination the removal period as described in INA waiver is the authority to determine the regarding whether an alien is removable from the § 241(a)(1)) may request release from conditions under which a waiver is United States. 1229a. with previously granted. New U. Aliens who are in removal 2(C). those aliens the applicable ground(s) of CFR 214.S. 8 U. order of removal and are detained in 110 Stat. in deportation proceedings.

Certification.C. certification: (1) That the person signing structural modifications to 8 CFR 248.14(c)(1). Supplement B. if USCIS subsequently petitions are filed and pending at the Supplement B must be prepared by the revokes approval of the petition. Initial Evidence certifying official within the six months of such order by filing. No.S. However. VAWA 2005 —The petitioner possesses information reasonable and necessary to ensure the amended section 248 of the INA. form.C. Federal court.14(c)(2)(i). Supplement B. period to effect removal if USCIS denies the petition. the reasonably are free to seek any other immigration Form I–192. 1184(p)(5). Benefits petitioner has.’’ in order for USCIS to between encouraging the filing of motion to overcome any applicable time consider the request for U petitions and preventing the submission and numerical limitations of 8 CFR nonimmigrant status complete. If all required initial that this requirement provides evidence is not submitted with the petitioners enough time to prepare the e. develop internal policies and change of nonimmigrant status if the —The petitioner has been.C. a Form I–918 to accompany the petition of Form I–918. deportation. may not change criminal activity. INA sec. or request the package until some time after the their classification to the U that the missing or insufficient initial certification is signed. or (S). New 8 CFR 214. If a 248 of the INA. 248(b). USCIS will consider the classification. 1101(a)(15)(J).’’ relief purposes in lieu of Form I–918. to join such a ‘‘initial evidence. See 8 CFR 241. It also U.’’ is extended. nonimmigrant status. or a Federal. requested that his or her Aliens seeking U nonimmigrant status • If the petitioner is inadmissible. INA sec. 1258(a)(1)–(4).S. may Aliens who currently are in a deny the application for lack of initial situation where petitioners delay filing nonimmigrant status may seek to change evidence or for ineligibility. ICE counsel may agree. However. Nonimmigrant Status Certification. 8 concerning the qualifying criminal reliability of certifications. This interim relief prior to the effective date govern change of nonimmigrant rule provides the following list of of this rule.S.SGM 17SER2 . deportation. or procedures so that certifications are status sought is U nonimmigrant status. supervisory role who has been applying for U nonimmigrant status. 8 U. USCIS believes that this definition is nonimmigrant status.1(a). as with supporting documentation.14(a)(3). nonimmigrant classifications. Aliens Seeking Other Immigration 214. and must have been signed by the Board. USCIS will grant the status certifying agency conducting an may place the petitioner in removal for the application or petition that is investigation or prosecution of the proceedings. 1258(b).’’ as the form that issued by the Secretary will be canceled USCIS will only grant one petitioners must obtain from a certifying by operation of law as of the date of the nonimmigrant or immigrant status at a official of a certifying agency. or month requirement to seek a balance a matter of discretion. 8 CFR 103. Supplement B. Section evidence be submitted within a be helpful to the certifying agency. Aliens Seeking Change of necessary paperwork for the petition petition or does not demonstrate Nonimmigrant Classification package. The rule military installations. 8 petitioner wants USCIS to consider to as the head of the certifying agency or CFR 248.C. are contained in new 8 CFR 214. rule limits a qualified petitioner from a. INA sec. Under this rule. USCIS believes 1003. Id. and they cease to nonimmigrant classification. federal law that specifically designated with the even when changing nonimmigrant provides for extraterritorial authority to issue U nonimmigrant VerDate Aug<31>2005 18:24 Sep 14. ‘‘U certification requirements for interim another nonimmigrant classification. ICE will have a full and fair eligible. unless they fall within certain properly and timely executed. the alien may seek cancellation 2.2(b) and makes occurred in the United States. with the This rule requires petitioners filing immediately preceding the submission immigration judge or the Board. Where multiple applications or CFR 214. 8 U. (K). 8 U. U Nonimmigrant Status Certification If USCIS grants the petition for U applying for U nonimmigrant status as This rule designates Form I–918. eventual removal. September 17. USCIS is setting a six- motion to reopen and terminate removal proceedings. jurisdiction to prosecute the offense necessary to bring about the petitioner’s Revised 8 CFR 248. or (S) of the INA. This agency. 101(a)(15)(J) of the INA. State. 214(p)(5). 2007 / Rules and Regulations 53023 the period of detention reasonably status.S. USCIS will deny any qualifying criminal activity in exclusion. (D). qualifying activity.S. Federal Register / Vol. 72.2(b)(8)(ii). Form I–918. 2007 Jkt 211001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. aliens establish further that: any person(s) in a supervisory role who classified under sections 101(a)(15)(C).14(c)(1). and specified period of time as determined petitioner requested and received implementing regulations at 8 CFR 248 by USCIS. removal be stayed. —The petitioner is a victim of has been specifically designated by the (D).C. time. New 8 of stale certifications. Id.14(c)(2).S. 1258. New 8 CFR 214. 8 U. in its discretion. • Any additional evidence the This rule defines ‘‘certifying official’’ 248(a)(1)–(4). or the territories certifying agency or person(s) in a also clarifies that the procedures for and possessions of the United States.S. as well as —The petitioner has suffered substantial nonimmigrant status certifications on certain aliens classified under section physical or mental abuse as a result of behalf of that agency. or violated a U. ‘‘U Nonimmigrant Status exclusion. is being. These provisions permit required initial evidence: evidence submitted to meet the nonimmigrants to change status to • Form I–918. head of the certifying agency to issue U 1101(a)(15)(C). the certifying official rule adopts this statutory amendment in —The criminal activity is qualifying and must affirm the following in the mstockstill on PROD1PC66 with RULES2 revised 8 CFR 248. CFR 214. DHS same time. an order of well as other immigration benefits. having been a victim of qualifying or local judge. while also precluding the eligibility. ‘‘Application for Advance necessary period for removal justifiably benefit or status for which they are Permission to Enter as Non-Immigrant. New 8 grant.S.2 and 1003. In cases where an order of approved first.23. 8 U. For example. Therefore.14(c)(1)(ii) and (f)(2)(ii). nothing in this New 8 CFR 214. so that even aliens within activity of which he or she was a should encourage certifying agencies to the excepted classifications may seek a victim.S. (K). USCIS. 1258.2.C. New 8 CFR • A statement by the petitioner f. New 8 CFR 214. or removal was remaining petitions or applications for accordance with the instructions to the issued by an immigration judge or the status.C. is likely to be helpful to a certifying properly vetted.2 including in Indian country and the certificate is the head of the to accommodate the revisions. in a U. of his or her own and choosing. or removal including immigrant status. 179 / Monday. As the describing the facts of the victimization. 8 U.4.14(c)(5)(i) & (f)(6).

179 / Monday. petitioner is a child under the age of 16. This statement certification to be conclusory evidence documents demonstrating recognition of should include the following that the petitioner has met the eligibility an individual as the petitioner’s next information: The nature of the criminal requirements. Additional Evidence To Satisfy the must provide evidence of his or her 214. law. or next friend installations abroad. the petitioner’s helpfulness to and affidavits from police. and credible to help demonstrate that activity may include such or sentencing of qualifying criminal the petitioner meets each of the documentation as: Trial transcripts. If or what specific statute provides the petitioner possesses information about the criminal activity occurred outside certifying agency with the the qualifying criminal activity may the United States. (3) that the petitioner has been eligibility requirements. or is incapacitated or incompetent. or local law enforcement agency.SGM 17SER2 . medical personnel. guardian. New 8 CFR protection. In cases where the and is prosecutable in a federal court. the case. USCIS by affidavits of individuals who have factual information about the crime does not believe that petitioners are in personal knowledge of the facts demonstrating that it is similar to the the best position to know the specific regarding the criminal activity may be list of qualifying criminal activity violation of U. Examples of such evidence victimization from the petitioner in his USCIS will not consider such include: birth certificates. law the certifying relevant as well. activity. who was responsible. submitting the necessary evidence on separate statement describing the facts behalf of the petitioner. or local eligibility requirements as established incompetence of the applicant. and defined in this rule. Such person should provide relevant. incapacitated.14(c)(2)(ii) and (iii). Supplement B based upon and other social service agency information requirement will satisfy this the eligibility requirements petitioners personnel. USCIS is requiring that Eligibility Requirements qualifying relationship to the petitioner the petitioner submit a statement While USCIS will give a properly and evidence establishing the age. 72. 2007 Jkt 211001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. clergy. or continuing victim. prosecution.S. guardian. Evidence that was USCIS developed the requirements for school officials. this States. the additional extraterritorial jurisdiction to investigate include documents establishing that he evidence submitted may include a copy or prosecute criminal activity that or she has knowledge of the details of of the statutory provision(s) providing occurred outside the United States. In addition to Evidence to further establish that the State. transcripts. behalf of the petitioner. court documents. and affidavits of other submitting the necessary evidence on 214. or a Federal. law or between the petitioner and the criminal relating legal documents. 8 U. Supplement B. this c. A combination occurred in the United States include: A justice system. court officials.S. when the criminal activity in the best position to determine licensed medical professionals occurred. or other authority that rule permits the petitioner to provide assistance in the investigation or has responsibility for the detection. or next friend requires the petitioner to submit a requirements have been met. Statement by the Petitioner Supplement B. USCIS will use Form I– 918.14(c)(1). such as medical personnel.14(c)(2)(i). or occurred in the United criminal activity may include: trial or is incapacitated or incompetent. medical records. and other criminal activity violated federal law requirements should be addressed by court officials. evidence with Form I–918 to cooperation with. petitioner possesses information request for interim relief as part of the If USCIS has reason to believe that there concerning the qualifying criminal petition package. specific details Evidence to further establish the must provide evidence of their about the nature of the crime being nature of the abuse suffered may qualifying relationship to the petitioner investigated or prosecuted and describe. judges. The certification also witnesses. or is likely to be helpful to an supplement this previously submitted prosecution. certifying official for further qualifying criminal activity. this interim petitioner has provided the necessary prosecutor. New 8 CFR 214. submitted to satisfy the possession of Form I–918. or reports of activity.14(c)(2)(iii). Petitioners with is a question about the petitioner’s activity of which he or she has been a interim relief may file additional helpfulness to. police reports. judges. Such person of his or her victimization. news a victim of qualifying criminal activity 214. the certification will be used. Supplement B in the course of requirement can be satisfied by the In support of Form I–918. or incompetent. and (6) that Evidence to further establish that the explanation. incapacity. (5) that the petitioner has been. In cases where the the qualifying criminal activity violated petitioner is a victim of qualifying petitioner is a child under the age of 16 U. New 8 CFR court documents. or at military articles. No. its territories and possessions. this rule adjudicating whether the eligibility parent. the VerDate Aug<31>2005 18:24 Sep 14. significant weight. because USCIS believes that it is executed certification on Form I–918. court or her own words. include such documentation as reports and evidence that the petitioner is a in detail.S.C. the certifying agency is of documents such as a photograph of copy of the statutory provision(s) in the best position to verify certain the visibly injured applicant supported showing the elements of the offense or factual information. the criminal activity. judge. 2007 / Rules and Regulations status certifications on behalf of that whether a petitioner meets the demonstrating the incapacity or agency. any additional evidence that is relevant prosecution of qualifying criminal investigation. conviction. For petitioners articles. judge. USCIS the perpetrator or taken other legal steps Examples of evidence to further determined that since the certifying to protect themselves against the establish that the criminal activity is agency is the primary point of contact perpetrator should submit copies of the qualifying and violated U. the investigation or is being. news requirement can be satisfied by the Indian country. Examples of for the extraterritorial jurisdiction and Therefore. September 17. (4) that the evidence previously submitted with the affidavits of other witnesses or officials. Evidence to further establish that the the INA. USCIS believes that it is friend. Form I–918. In addition. contained in section 101(a)(15)(U)(iii) of agency is investigating or prosecuting. USCIS may contact the investigation or prosecution of that evidence. 53024 Federal Register / Vol. or incompetence of the important to learn about the facts of the mstockstill on PROD1PC66 with RULES2 Supplement B. USCIS determined that relevant evidence include: reports and documentation showing that the information regarding the eligibility affidavits from police. (2) that the agency is a Federal. other child under the age of 16. 1101(a)(15)(U)(iii). orders of parent. USCIS will consider for travel to and from court. State. the certifying agency on Form I–918. copies of reimbursement forms that the certifying official’s agency is with interim relief. Petitioners who have requirement and need not be submitted must meet and the purposes for which obtained an order of protection against twice. social workers. and investigating or prosecuting.S. 8 CFR b. police reports. petitioner.

or extreme cruelty are used in other fee. the time the petition for derivative d.S.C. principal petitioner after Form I–918 may file Form I–918. 8 U.14(c)(2)(iv). This provides procedures for qualifying family 8 CFR 214.C.14(f)(2). INA sec. and found it to be unclear status is adjudicated. Congress intended to prohibit approval This provision defines the term.SGM 17SER2 . ‘‘Petition for children. Therefore. Which family members are 101(a)(15)(U)(ii)(I). and eligibility requirements for derivative U from petitioning for derivative U what substantial physical and/or mental nonimmigrant status. the the prohibition as applying to qualifying parent.14(f)(1).C.C. if the principal derivative status on behalf of qualifying under 21 years of age. qualifying at the time of adjudication even if time or after filing his or her Form I– family members include the spouse and circumstances change.’’ as an unmarried person under where the petition is based on U. 8 U. of petitions for U nonimmigrant status Section 101(a)(15)(U)(ii) of the INA. Otherwise. The rule incorporates this prohibition at new 8 When the petitioner is under the age 1184(a)(1). 2007 Jkt 211001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2.C. 2007 / Rules and Regulations 53025 events surrounding the criminal a. the family requires petitioners seeking a waiver of disqualifying activity even though those member would not meet section terms are not listed as qualifying inadmissibility to file Form I–192. and at the time of regarding its intended application. 72. guardian. Second. 240A(b)(2). child under the age of 21 for the parents 1154(a)(1)(A) & (B). or next friend must relationship between the principal family members who committed submit a statement in lieu of the qualifying criminal activity in a family petitioner that contains as much petitioner and the family member must violence or trafficking context. 8 CFR 216(c)(4)(C). September 17. 8 U. unmarried siblings under 18 for an unmarried sibling under the age Qualifying Family Member of U–1 years of age (on the filing date of the of 18 at the time Form I–918 was filed. criminal activity in section ‘‘Application for Advance Permission to 1101(a)(15)(U)(ii). USCIS siblings. New nonimmigrant status. This rule also 918. 1101(a)(15)(U)(ii). 8 CFR 214. Section family members.14(f)(4).C.S. Supplement A at 1101(a)(15)(U)(ii)(II). Derivative Family Members 101(b)(2) of the INA. naming parents as seeking immigration benefits. In information surrounding the criminal exist at the time Form I–918 was filed. 8 U. USCIS believes that this in T nonimmigrant status cases).4 (general authority for specify that the principal must be a waivers in nonimmigrant cases). VerDate Aug<31>2005 18:24 Sep 14.S. 1186(c)(4)(C). 1101(a)(15)(U)(iii).C. 8 U. regardless of whether or not they are in are under 21 years of age. Id.C. 8 U. 212. and are not included 212. petitioner for U nonimmigrant status or principal. in order to be considered a CFR 214.S.14(f)(4)(ii). and parents. see which established his or her eligibility eligibility requirements. refer to harm occurring as a result of grounds of inadmissibility for aliens 1101(a)(15)(U)(ii). Recipient.14(f)(1). INA sec. New 8 CFR 214. Petitioners Who Are Inadmissible 1154(a)(1)(L). 8 ‘‘child. New 8 CFR 214. this rule battery and extreme cruelty as States.’’ New 8 CFR qualifies as a family member. Supplement A either at the same 21 years of age or older. Federal Register / Vol. qualifying family member who been the victim of the criminal activity. provides that children born to the already received U nonimmigrant status mstockstill on PROD1PC66 with RULES2 101(a)(15)(U)(ii)(II).C. If the principal is CFR 214. along with a separate filing status. describing who 101(a)(15)(U)(iii) of the INA. First. INA USCIS will continue to consider such member. relationship must continue to exist at 204(a)(1)(L) of the INA. Id.C. incapacitated. The considered the plain text of section abuse as possible. the statute lists subsequent admission to the United Supplementary Information.’’ New 8 CFR 214. 1101(b)(1). 8 U. in new 8 U nonimmigrant status must petition for age of the principal.14(f)(1)(ii). and requested U nonimmigrant status 918. Enter as Nonimmigrant. sec. siblings under age 18 of petitioners who violence or trafficking context. when the terms battery a ‘‘child. In the qualifying family member’s As stated earlier in this addition to trafficking. also INA sec. No. INA sections 101(b)(1). See This rule excludes certain qualifying request derivative status for qualifying new 8 CFR 214. Generally. USCIS activity and physical and/or mental New 8 CFR 214. how the criminal activity came New 8 CFR 214. the qualifying family member is following to join the alien victim to A special rule applies to unmarried responsible that occurred in a family obtain U nonimmigrant status. they are used to section 101(a)(15)(U)(ii).C. the statute provides that the b.S. qualifying criminal activity for which family members accompanying or 8 U.S. 8 U. the committed battery or extreme cruelty or The statement also may include alien must be admissible to the United trafficking against the alien victim information supporting any of the other States. Eligibility 204(a)(1)(L) of the INA. 214(a)(1). 1101(b)(2).C. 101(a)(15)(U)(ii)(I). e. Supplement A. prohibits an alien victim to be investigated or prosecuted. the alien nonimmigrant status on behalf of a abuse was suffered as a result of having must be a qualifying family member.14(f)(1)(i). This rule provides has been filed will be eligible for any time while maintaining U the eligibility requirements and petition derivative U nonimmigrant status. New 8 CFR 214. 8 U. or incompetent. New 8 CFR 214. USCIS believes it is reasonable to qualification is required by section conclude that by using these terms.1(a)(3)(i). 8 U.14(f).S. 1229b.C. However. USCIS has listed the Form I– Note that parents are only considered 192 in this rule as initial evidence in the standard of harm necessary to qualifying family members if the establish eligibility for U nonimmigrant which must be filed concurrently with principal is under 21 years of age and Form I–918. If the principal is for purposes of U nonimmigrant status 918. family members from eligibility.17(a).S. qualifying family petitioner was under 21 years of age.14(f)(1) sets forth two 1154(a)(1)(L). and the alien victim as the is filed is controlling.S. 8 U. a qualifying family member. 8 CFR 212. permits certain 21 years of age. For such the United States or overseas. 179 / Monday. 101(a)(15)(U)(ii) of the INA.’’ for each qualifying family principal’s petition).16 (providing for use of Form I–192 to qualify. 3. for U nonimmigrant status. activity.g. domestic violence or child abuse.. Id. a principal alien who has been granted considered ‘‘qualifying’’ depends on the 1101(a)(15)(U)(ii)(I).S. making this determination.S. See qualifying family members does not INA sections 204(a)(1)(A) & (B).S. sibling as a qualifying family member Principal petitioners can file Form I– 1101(a)(15)(U)(ii)(I). Filing Procedures refers to such family members as siblings’ age on the date that Form I–918 This rule requires that a principal derivatives. Principal aliens who have children of the principal. See. family members by submitting a Form I– members include the principal’s spouse.S. principals with maximum flexibility to members seeking derivative status.14(f)(4)(i). USCIS has interpreted of 16. Form I– Although the statutory language at 192 is an established form to waive contexts in the INA.

The principal. 8 U.S. Supplement A while his or her deportability with respect to petitions explanation. officials may provide for the likewise adds these designations to application along with any additional disclosure of information to law current 8 CFR 214. Form I–192.C. and local public and adjudication of U nonimmigrant are consistent with information he or private agencies providing benefits. In Commerce under 13 U. officials may disclose new 8 CFR 214. Supplement A must be applicants for U nonimmigrant status helpfulness to. nonimmigrant petitioners is protected of the Form I–94 he or she received In this section of the SUPPLEMENTARY against disclosure in two ways. or any other aspect of the required by the instructions to the form. 8 U.S. addition. 214(p)(4). the fee. Supplement A: (1) considered in the adjudication of petition for U nonimmigrant status is Evidence of the family member’s petitions for U nonimmigrant status. This will enable USCIS to review the and they have waived the general C.000. Id. the investigation or (‘‘initial evidence’’) and the fees Moreover. As in circumstances. See presented prima facie evidence that he General. If the principal already nonimmigrant status that may be made has been granted U nonimmigrant in a fiscal year is limited by an annual Information status. child (U–3). No. Id. 1367(a)(2). to mstockstill on PROD1PC66 with RULES2 petitions.SGM 17SER2 . 1184(p)(2). adjudicators from making adverse petition. cooperation with. 1101(a)(15)(U). Form I–918.C. September 17. Such initial evidence corresponds rests with the petitioner. the New 8 CFR 214. 53026 Federal Register / Vol. purpose. to add to the evidence submitted by the petitioner in enforcement officials to be used solely list of designations assigned to all other conjunction with his or her Form I–918.C.C. bureau. the adjudicating Form I–918. (3) In connection with judicial review administrative convenience. or determinations made during the course agency purposes. 214(p)(2). its adjudication of Form I–918. and siblings (U– review all evidence submitted in of Homeland Security or Attorney 5). providing a This rule also provides that USCIS of a determination. 8 U. 72.C. First. USCIS then will be able to Form I–918 is pending adjudication for U nonimmigrant status based on verify the veracity of the contents of the with USCIS. 8 Information concerning U Form I–918. this rule provides that USCIS of eligibility for benefits pursuant to 8 the statute requires that the adjudicator may investigate any aspect of the U. 1182(a). 179 / Monday.S. This means that if. 1367(a)(2). these parameters are U. Id. Adjudication and Post-Adjudication petition for U nonimmigrant status in restrictions on disclosure of information The statutory provisions establishing the context of the petitioner’s past provided by 8 U.14(f)(1).C.C. 1367(a)(1)(E). the U nonimmigrant status program. follow a decision to grant or deny a deportability cannot be made based on Requiring evidence of the principal’s petition for U nonimmigrant status. INA. or a bureau or to the two eligibility requirements for consider all evidence de novo and will agency of either of those Departments. with eligibility for U nonimmigrant status the Department of Justice. INFORMATION. See INA sec. consider any credible evidence relevant petition.C. the statute precludes prosecution. A grant of (1) At the discretion of the Secretary established by section 101(a)(15)(U) of interim relief means only that the alien of Homeland Security or Attorney the INA. the crime victims in the case are adults. This rule adopts the statutory 8 U. The number of grants of U 2. the principal petitioner information provided by the perpetrator petition and safeguard the integrity of must accompany Form I–918. petition with the principal’s petition. 8 U. Id. If the principal petitioner files Form determinations on inadmissibility or certifying official for further I–918. In addition. information may be shorthand notation for identifying the may review documentation submitted disclosed in a manner that protects the principal petitioner and each derivative by the alien in conjunction with any confidentiality of such information. the has reason to believe that there is a been finally denied. Supplement A with a copy U. New 8 CFR 214. These including the certification.14(f)(3) sets forth the requirement that any credible evidence disclosure of information relating to the initial evidence that must accompany relevant to the petition must be beneficiary of a pending or approved each Form I–918. See 8 when the Form I–918 was approved.C. 2007 / Rules and Regulations This rule further requires that Form I– statute protects information relating to question about the petitioner’s 918.S. for a legitimate law enforcement nonimmigrant classifications. Specifically. Credible Evidence USCIS to match up the derivative mental abuse and the criminal activity. 1): Spouse (U–2).S.1(a)(1) to interim relief on any essential element from the general nondisclosure rule: codify the derivative subclassifications of U nonimmigrant status.S. based upon the relationship to the other applications he or she has made (4) Information may be disclosed if all principal. 1367. USCIS will Department of State.S. 4. or she was eligible for U nonimmigrant information in the same manner and the rule provides for the following status and does not constitute a binding circumstances as census information designations for qualifying family determination that any given eligibility may be disclosed by the Secretary of members of the principal applicant (U– requirement had been proven.S. and (2) if the alien is the case of all other immigration statute allows information to be released inadmissible under section 212(a) of the benefits.C. Id. the burden of establishing to a sworn officer or employee of DHS. Second. designations are a matter of Supplement B.C. 1367(a)(2).S.14(c)(4) & (f)(5). 8. Id.S. 1641(c). prohibited except in certain qualifying relationship with the New 8 CFR 214. for immigration benefits in the past. 8 U.1(a)(2). or continuing accompanied by supporting evidence from disclosure. USCIS will (2) At the discretion of the Secretary child’s parents (U–4). then he or she must accompany cap of 10. USCIS may contact the Id. Supplement A with a copy of his or her 1367(a)(1)(E). State. of abuse and criminal activity. 2007 Jkt 211001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. Id. during (6) Information may be disclosed after to the petition. as well as the steps that determinations of admissibility or principal’s U nonimmigrant status.S. derivative U nonimmigrant status. USCIS a petition for U nonimmigrant status has 8 U. adverse This will be considered evidence of the discussed. 1184(p)(4). In be used solely to make determinations whether to grant U nonimmigrant status.C. information obtained solely from the pending petition or status will enable perpetrator of substantial physical or 1. VerDate Aug<31>2005 18:24 Sep 14. not be bound by any of its prior for legitimate Department. This rule conjunction with the interim relief General. U nonimmigrant status contain a immigration history and verify that (5) Information may be disclosed to number of parameters guiding the statements made in his or her petition Federal.1(a)(1)(ix). Prohibitions on Disclosure of Form I–918. in determining she provided to USCIS in the past. Designations of adjudicating an application for There are eight specific exemptions This rule amends 8 CFR 214.S. INA sec. In addition.

2007 Jkt 211001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. 214(p)(2)(A). Id. it must consider and be admissible at the time status is uses. USCIS may terminate Department of Justice.C.C.1184(p)(2). 179 / Monday. USCIS may parents. prohibitions and restrictions on principal aliens may be granted U to new petitioners in the order in which information relating to U nonimmigrant nonimmigrant status in a given fiscal each petition was properly filed. This numerical limitation deferred action or parole until the start disclosure of information relating to a U does not apply to spouses. petitions into new 8 CFR 214.S. V & waiting list. However. at its information may be disclosed include: nonimmigrant status from more than discretion.C. amend.14(c)(5) petition is based. waiting list will not accrue unlawful have a reason to know based on a USCIS anticipates that within the first presence under section 212(a)(9)(B) of legitimate law enforcement purpose. Committee on the Judiciary of the House under the circumstances. constitutional requirements that pertain Eligible petitioners who are not granted (8) With prior written consent from to the government’s duty to disclose U–1 nonimmigrant status due solely to the principal petitioner or derivative information. all pending and provided the disclosure is made in a an obligation to provide portions of subsequently submitted petitions will manner that protects the confidentiality petitions for U nonimmigrant status to continue to be reviewed in the normal of the information and omits personally federal prosecutors for disclosure to process to determine eligibility.14(d)(2). USCIS Within the bounds of the statutory INA sec. As part of the adjudication witnesses. DHS may have fiscal year. USCIS will grant U assisting the victim in obtaining victim 150.S.C.S. USCIS has determined in a given fiscal year before all petitions (principal petitioners). Id. USCIS recognizes the still allowing the legislation to achieve in writing. 405 U.S. This rule also provides that. USCIS also may contact the the fact that Congress saw fit to limit the also may terminate deferred action or certifying agency for the purpose of number of aliens who may be granted U parole if it becomes aware that a assessing whether the petitioner is.C. Decisions on Petitions and. After USCIS has granted U to be disclosed in violation of the aliens who may receive a grant of status nonimmigrant status to petitioners on nondisclosure provisions.S. to USCIS that they have been placed on a disclosed to nonprofit. Those nonimmigrant petitioner.14(f)(6)(iii). it prohibitions and restrictions against limitation imposed by Congress while will also provide reasons for the denial disclosure. Id. this rule nonimmigrant status to petitioners on services from programs with expertise incorporates this requirement at new 8 the waiting list. certifying agency has submitted a enhancing law enforcement’s ability to certification on behalf of the petitioner investigate and prosecute criminal 4. but is equally cognizant of renders him or her removable.000 grant petitions. up to the annual limit. or is likely to be helpful to the year. investigative agencies. 1367(b).14(e). year (October 1 through September 30). defendants. CFR 214. New 8 CFR 214. USCIS may remove a The Federal Bureau of Investigation 10.14(c)(5)(ii). therefore.S. Because the numerical cap against the dual goals of her petition. Giglio v. Appropriate 3. See new identifying information (including defendants in pending criminal 8 CFR 214. Petitioners on the working with immigrant victims. information may be evidence or impeachment material. once the numerical of Representatives. 8 U. Federal Register / Vol. 1182(a)(9)(B). USCIS believes that new 8 CFR 214. This obligation stems from petitions that are not approvable. September 17. INA sec. 8 U. New 8 Possible agencies or bureaus to which regulation. The rule petition about any Federal. USCIS process. This rule incorporates the 8 U. 154 (1972). has nonimmigrant status in any given fiscal petitioner has failed to disclose a been. 8 U. Annual Numerical Limitation on filed. State or local principal alien victim. Id. No more than 10. USCIS’s goal is to 214. 373 U. Each fiscal year. USCIS will deny locational information about proceedings. Brady v. Id. publishes. waiting list will be given priority based on the date the petition was properly 8 U. few fiscal years after publication of this the INA. as new nongovernmental victims’ service VI.S. Accordingly.C. 72. provide a stable mechanism through closed cases to the chairmen and USCIS will make any disclosure to an which victims cooperating with law ranking members of the Committee on investigative agency in a manner that enforcement agencies can regularize the Judiciary of the Senate. further provides that petitioners on the crimes to investigative agencies that 214(p)(2)(B). of the next fiscal year. and unmarried siblings who are petitioners will be eligible to apply for provide information taken from the accompanying or following to join the employment authorization. Civil Rights or Criminal Divisions of the enforcement agencies and prosecutors For example. USCIS will continue to 1367(c). will give petitioners on the waiting list prohibitions and restrictions against 1184(p)(2)(A).SGM 17SER2 . 214(p)(2).000 principal aliens. Under this rule. need a stable mechanism through which deferred action or parole if the Immigration and Customs Enforcement to regularize the status of victims and petitioner is convicted of a crime that (ICE). Id. See INA sec. USCIS is petitioner from the waiting list and (FBI).S. New 8 CFR 214. it will receive petitions for U CFR 214. children. for the exercise of In addition to disclosures to limit has been reached in a particular congressional oversight authority. or U. including exculpatory the numerical limits will be notified by family member. 2007 / Rules and Regulations 53027 (7) Information may be disclosed on obligation to protect confidentiality.S. 83.14(d)(3). Petitioners on the waiting list disciplinary action must be taken and a Grants of U Nonimmigrant Status must continue to meet the eligibility monetary penalty of up to $5. the U. sensitive nature of application maximum efficacy. has already been activity and providing protection to USCIS will issue decisions granting or informed about the fact of the petition alien victims of crime. Id. 8 U.14(f)(6) (derivative family would not violate the statutory respect the intent of the numerical members). or the provides the maximum confidentiality their immigration status. the waiting list. each fiscal year. 87 numbers for U–1 nonimmigrant status providers for the sole purpose of (1963). Maryland. No. Id. it will create a denying U nonimmigrant petitions in as well as the facts upon which the waiting list should the cap be reached writing. new 8 CFR mstockstill on PROD1PC66 with RULES2 that contacting the certifying agency are adjudicated.000 may Before USCIS may grant U requirements for U nonimmigrant status be imposed on anyone who willfully nonimmigrant status. Const. See U. become available. In any case information and takes seriously its this rule’s waiting list methodology will in which USCIS denies a petition for U VerDate Aug<31>2005 18:24 Sep 14. individuals). If USCIS denies a petition.14(e)(1)(ix). or permits information the statutory cap on the number of granted. 1184(p)(2)(B). USCIS has determined that to criminal conviction or has investigation or prosecution of the balance the statutorily imposed misrepresented a material fact in his or qualifying criminal activity.S. Attorney’s Office or the cognizant of the fact that law terminate deferred action or parole.S. United States.

he or she has been of Congress expect this result. see nonimmigrant status is granted for a placed on the waiting list. under this rule. 8 CFR 212.14(g)(1) provides that exceed the date on which the principal’s State for delivery to the U. 1182(d)(4)(B).’’ indicating period of stay that expires on the same U nonimmigrant status will be attached b. but that is less to the approval notice and will than four years because the derivative Section 214(p)(6) of the INA. that interim relief was accorded. For those such derivative may apply for an upon certification from a certifying extension of status even though the principal petitioners or qualifying agency that the alien’s presence in the family members who are outside the principal cannot since the principal’s United States is required to assist in the period of stay was already approved for United States. Such area in which the alien is located. to the Department of State time a petitioner spent with interim grant of U nonimmigrant status. nonimmigrant classifications.SGM 17SER2 . Extensions are permitted new 8 CFR 214.C. In fact. status. USCIS will forward the CFR 214. Id. Supplement A.14(f)(6)(ii). If a number is not Applications for U Nonimmigrant Status example. New 8 CFR Domestic Operations. the visa can be used to approved for the principal. constitute evidence that the petitioner was unable to enter the United States in 1184(p)(6). at 114 (2005).S. if the principal petitioner was approved is appropriate so that the for up to another two years upon the is overseas. new 8 CFR 212(d)(4)(B). 109–233. Duration of U Nonimmigrant Status date as the principal’s. 179 / Monday. a Form I–94. ‘‘Notice of Action. USCIS will notify the (Jan. New 8 CFR standard procedures for issuing grants qualifying criminal activity.S. Acting Associate Director. INA sec. a Form I– 797. for example. New 8 CFR adjust status three years after the date portion of the four-year period stated in 214.14(c)(5)(i)(A) and petitioner may adjust status to that of a circumstances.S. U–4. than having to wait until three years The rule specifically addresses the For those principal petitioners and after the date on which USCIS approves situation where an overseas derivative derivative family members who are their petition for U nonimmigrant family member receives an approved within the United States. No.14(g)(2)(i). If granted. for forwarding to the appropriate U. USCIS will follow the investigation or prosecution of a four-year period.1(i). Because appeal to USCIS’s Administrative petitioner and any derivative family derivative status is based on the Appeals Office (AAO) under established members should file for a U principal’s status.S. Because the petition for U Rep. New 8 CFR 214. Embassy or members (U–2.C. The Consulate designated on the petition.S. New 8 CFR travel to the United States for admission 214. permanent resident pursuant to section VerDate Aug<31>2005 18:24 Sep 14. USCIS also will send to the lawful permanent resident under apply for an extension of status where principal petitioner a notice of approval section 245(m) of the INA.14(g)(1). A U nonimmigrant may (B).14(g).C. unexpired passport is not required for exempt alien. 72. Granting U Nonimmigrant Status entry. E2605.12 The principal an aggregate of four years. For petitioners members who were granted interim and derivative family members. an approved as applied to other nonimmigrant incorporates this provision in new 8 period of stay based upon such categories. nonimmigrant visa with the designated initially will be approved for a period U. derivative status procedures outlined in 8 CFR 103. rather the approved petition has already run.14(c)(5)(i). 6. and may (statement of Representative John from the date of approval by USCIS.3. New 8 CFR 214. Under this rule.14(f)(6). processing.14(g)(2)(i). USCIS necessarily will indicate nonimmigrant status is approved will be principal petitioners has been reached. New 8 CFR Therefore.14(f)(6)(i).14(c)(5)(i)(B). who was accorded send a notice of approval on Form I– USCIS has determined that according interim relief two years ago. Therefore. the petitioner may 214. Rec. 2006). 2007 / Rules and Regulations nonimmigrant status. it will grant U petitioners and derivative family evidence status will indicate the nonimmigrant status to the petitioner approved period of stay. his or her status was granted for an on Form I–797 for derivative family 1255(m). New 8 CFR admission to the United States. 53028 Federal Register / Vol. the House Report outside the United States and petitioner that. provides that the duration of has been granted U nonimmigrant a timely fashion due to delays in U nonimmigrant status cannot exceed consular processing.R. in accordance with new for VAWA 2005 indicates that members experiences delays in consular 8 CFR 214.14(d)(2). relief will count towards the three years This rule further provides that U Embassy or Consulate or to the of continuous physical presence in U nonimmigrants can apply for an appropriate port of entry (visa exempt nonimmigrant status required before the extension of status in two alien).14(f)(6)(i) and (ii). Necessarily.14(f)(6)(i). delays in entering the United States USCIS will also grant deferred action or would mean that the alien would not be parole to derivative family members recipients of U nonimmigrant status will admitted to the United States in U with an opportunity to request be eligible to submit an application to nonimmigrant status until after a employment authorization. accorded U nonimmigrant status as of on Form I–94 an approved period of New 8 CFR 214. new 8 CFR 214.14(c)(6). USCIS will the principal petitioner. U–3. Conyers). to adjust status to that of a lawful 214. Embassy or Consulate or port of that does not exceed the period initially a.S.14(c)(5)(i)(A). If a number is available for relief was approved. This rule 214. the U satisfied the requirements for U This rule provides that principal nonimmigrant’s Form I–94 issued to nonimmigrant status. status. request employment authorization. September 17.’’ to the principal status as of the date that interim relief 94 reflecting an approved period of stay petitioner or. or to period of time in U nonimmigrant status 12 A visa exempt alien is an alien for whom a the appropriate port of entry for a visa is necessary before the alien may apply valid. See H. four years. Memorandum from Michael approved period of stay of less than four members for whom USCIS has approved Aytes. which runs deferred action or parole. 8 U. where a U nonimmigrant is available. extension of status application will notice of approval to the Department of New 8 CFR 214. new 8 CFR the date that the request for U interim stay that is less than four years. 214. Just as with all other If USCIS finds that the petitioner has as a U nonimmigrant. 2007 Jkt 211001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. for 214. 8 U.S. unless who were previously accorded interim relief and whose petition for U the annual numerical limit applicable to relief. USCIS. and U–5) may mstockstill on PROD1PC66 with RULES2 derivative is able to attain at least three Consulate having jurisdiction over the be approved for a period not to exceed years in U nonimmigrant status. 8 U. principals (U–1) and derivative family reason for this provision is so that the which should be the U. 214. New 8 CFR Form I–918. issue a petitioner. E2608 specified four-year period. This may be the case.14(d)(2). years in the aggregate. USCIS will 214. ‘‘Arrival-Departure Record. Embassy or U nonimmigrant status for both approved period of stay expired. given also 151 Cong. No.

14(g)(2)(i).14(c)(7). in order to obtain an Homeland Security confer employment must make a request to USCIS for an extension of U nonimmigrant status on authorization on aliens granted U EAD accompanied by a copy of his or this basis.C. USCIS could Security must provide employment authorization automatically on U not design Form I–918. such requires this application of most nongovernmental organizations that will that a separate request for an EAD is not nonimmigrants seeking to extend or be included on the list are those that can necessary.14(f)(7). 8 U.14(c)(7) and 214. Therefore. where employment authorization obviates the Supplement A requesting U appropriate. (c)(7). To a.2. 214(p)(3)(B). Evidence of Employment fee waiver) stated in the instructions to 214(p)(3)(A). Id. directs the Secretary of 274a. ‘‘Application for can advise such nonimmigrants of their each petition.14(f)(7).12(a) and 274a. 1184(p)(6).SGM 17SER2 . The employment authorized incident to EAD must make their EAD request on a Secretary of Homeland Security and status.C. Employment Authorization Document behalf of. new 8 CFR 214. Employment Authorization initial EAD. If the aggregate period of four years in organizations can also provide the principal aliens will not have to file U nonimmigrant status has been principal with necessary resource tools. employment authorization to streamline term immigration relief.14(c)(5) and (f)(6) provisions regarding employment considered the text of section 214(p)(6) adopt the requirement in section authorization documentation for U of the INA. Employment Authorization. initial EAD will not be produced until necessary to assist in the investigation implementing the requirement at the alien has been admitted to the or prosecution of the qualifying criminal section 214(p)(3)(B) of the INA. 179 / Monday. 8 U. ‘‘Arrival-Departure Form I–539 in accordance with the 214. 2007 / Rules and Regulations 53029 245(m) of the INA. must provide U need for the ministerial step of nonimmigrant status.S.14(g)(2)(ii). USCIS New 8 CFR 214. Id. other government officials. they may be in need of section 274A(b) of the INA. This 214(p)(3)(A). c. information regarding options for long. because.2(b)(1)(v)(A)(4). September 17. United States in U–1 nonimmigrant activity. Federal Register / Vol. that. In Authorization the form. New 8 CFR 214.C. 1184(p)(3)(B).13(a). Record.13(a). To do so.14(c)(5) For principal aliens seeking their first the U nonimmigrant must file Form I– and (f)(6) require USCIS to include in EAD based upon U nonimmigrant 539. (f)(6). Id. that the Secretary of status. To receive an EAD. Supplement B. including principals concurrently with the principal’s period present their EAD to employers and derivatives alike. employment authorization are within the United States.’’ with the options while in the United States and appropriate filing fee (or a request for a the resources available to them. Benefits for U Nonimmigrants status are employment authorized filing fees are required. where the rule nonimmigrant status as indicated on the Homeland Security to provide those adds these two new categories of aliens instructions to Form I–918.S. 8 U. In addition. Id.’’ in accordance nonimmigrant petition a list of contained in Form I–918 to with the instructions to the form. and (f)(7). USCIS nongovernmental organizations. USCIS provide limit for U nonimmigrant status to all U The EAD can serve as evidence of U nonimmigrants referrals to nonimmigrants equally. ‘‘Application to Extend/Change the notice approving the U status. change their nonimmigrant status.14(f)(7). See new 8 CFR 214. No forms or 5.13(a).C. nonimmigrants in new 8 CFR statutory provision applies the four-year 214. it has determined that it is appropriate to does not include a requirement that the Aliens seeking new employment or provide such referrals to all U maintaining current employment can derivative’s period of stay run nonimmigrants.S. nonimmigrant status under new 8 CFR additional assistance and information. 2007 Jkt 211001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2.S. and not just to both employment authorization and nongovernmental organizations. 1184(p)(3)(B). No.14(c)(7) and 8 CFR 214. provide information and advice USCIS has designed the Form I–918 so USCIS cannot grant an extension to regarding the U nonimmigrant’s options that it serves the dual purpose of exceed an aggregate period of four years while in the United States. derivative family members must nongovernmental organizations which authorization during the adjudication of file Form I–765. this rule amends 8 CFR derivative family members. the U nonimmigrant must file nonimmigrant status. 72. 1184(p)(3)(A).’’ proving the alien’s admission instructions to the form and a newly principal aliens and derivative family to the United States in U–1 executed Form I–918. 214. 1324a(b). Form I– VerDate Aug<31>2005 18:24 Sep 14. as crime verifying employment authorization and of stay. Form I–94 incident to their U nonimmigrant status. including requesting U nonimmigrant status and in U nonimmigrant status. Id. 8 U. beyond such period if the certifying For principal aliens applying for U This rule provides for automatic nonimmigrant status from outside the official attests that the alien’s presence employment authorization upon a grant in the United States continues to be United States. this rule also provides to serve as a dual purpose form for mstockstill on PROD1PC66 with RULES2 sec.12(a)(19) and (20). 8 U. an form is filed by the principal alien on requirements in new 8 CFR 214. 8 U. Supplement A authorization to U nonimmigrants. 274a.14(c)(5). New 8 CFR 214.S. To request an nonimmigrants referrals to affirmatively granting employment EAD. permit extensions of status for Organizations This rule also includes more specific derivatives in this rule. Under new 8 CFR her Form I–94. This is also reflected in new 8 CFR jurisdiction over petitions for U 1184(p)(3). Such the application process. for the issuance of evidence of derivative family members because the This rule implements these employment authorization. the alien Therefore.C. a U nonimmigrant nevertheless may apply for an extension of status b. this rule provides that the of U nonimmigrant status. the Secretary of Homeland In addition to conferring employment revised 8 CFR 274a. members granted U nonimmigrant nonimmigrant status.C. 8 U. INA sec. which govern For derivative family members who 274a. INA nonimmigrants. victims or family members of crime identity pursuant to the requirements of To apply for an extension of U victims. granted U nonimmigrant status certain to the existing list of aliens who are Derivative family members seeking an benefits along with their status. Referrals to Nongovernmental documentation for all classes of aliens.C. and 8 CFR 274a. USCIS will use the information Nonimmigrant Status. 1255(m).S. addition.C. this rule provides that Accordingly.12(a)(19) and (20). 1184(p)(3)(A). where appropriate. 8 U.S. The automatically generate an EAD. additional paperwork to obtain an reached. rather than directly by.S. 8 CFR (EAD). USCIS identity. principal petitioners. should be submitted to the office having Section 214(p)(3) of the INA. 8 CFR 274a. Automatically conferring form separate from Form I–918. and 8 CFR 274a.

S. Form I–765 must be filed with a U nonimmigrant visa for re-entry to outside the United States but. An alien is deemed where the perpetrator is not in custody. INA sec. 179 / Monday. If the alien was from the alien victim’s home country the approved period of stay in U unlawfully present for more than one are implicated in the criminal activity. 8 U. categories of nonimmigrants. 8 U. return to the United States. 72.’’ need to apply to USCIS for a document of inadmissibility may request a waiver Revised 8 CFR 212. prior to or upon their adjudication of Form I–918 to that derivative family members in U–2. provision. by nonimmigrants described in 8 CFR mstockstill on PROD1PC66 with RULES2 them unable to timely obtain a visa or regulation. 8 U. this rule amends 8 CFR Implicit in this authority is the authority such employment authorization. Travel Outside the United States who may seek a waiver of the visa and Form I–918. INA sec.12(a)(15) must apply to USCIS in passport. 2007 / Rules and Regulations 765 may be filed concurrently with 6. 8 CFR 212. In Immigration and Naturalization Service This rule also makes technical unforeseen emergency situations.C. New 8 CFR 214.12 and in the United States without being As under the current regulatory 274a. generated based on Form I–765. Revocation of U Nonimmigrant Status The corrections clarify: (1) That asylees 212(d)(4)(A).SGM 17SER2 .S. 53030 Federal Register / Vol. 8 CFR 212. This 212. September 17. INA sec. 8 U. 291(a). 212(a)(9)(B)(i)(I). 7. classification.1(p) authorizes the director of the authorization. No. Supplement A. USCIS three years from the date of departure. Renewal 212(a)(9)(B)(i)(II). such aliens must obtain nonimmigrant who needs to travel States. 8 U.13(a) provide Information.12 and requirements may be waived for certain 274a.1(g). 212(a)(7)(B). U nonimmigrants readmission for a period of 10 years to obtain a passport or safely travel to whose EADs will expire earlier may from the date of departure. a valid.C.C.1(g). and with the appropriate fee or request States if he or she remains in the United for a fee waiver.C. emergencies.12(a)(14) and V their lives or safety which may make of Homeland Security to prescribe. as crime 214(a)(1) of the INA. and the petitioner needs to enter the States after the expiration of an United States immediately to ensure his This rule also makes conforming authorized period of stay or is present or her safety. U–4. valid for no longer than 1182(a)(9)(B)(i)(I). amendments to 8 CFR parts 274a.S. after their admission to the than 180 days of ‘‘unlawful presence’’ a visa from a U. For example. and (2) because U nonimmigrants or petitioners Revocation authority flows from section that aliens granted Family Unity for U nonimmigrant status. is unable to petitions for U nonimmigrant status. authorization incident to status.12(a)(20) discussed earlier in this Supplementary office having jurisdiction over the and revised 8 CFR 274a.S. due to an the office having jurisdiction over the United States unless they are visa unforeseen emergency. They also should obtain a passport from his or her specified in the instructions to the Form keep in mind that if they accrued more country of citizenship or nationality or I–765.S. 8 U. this rule maintains that all provides that principal nonimmigrants 212(a)(9)(B)(ii). 212(a)(9)(B).S. Supplement A. departs the United States is barred from a passport from his or her country of Whether automatically generated or readmission to the United States for citizenship or nationality. unexpired to current 8 CFR 212. This rule extends authority to revoke its approval of Form nonimmigrants described in 8 CFR eligibility to apply for this waiver to U I–918 and Form I–918.14(h). A waiver may also be needed requests must be made on Form I–765 1182(a)(9)(B)(i)(II). and to prescribe the conditions under which rule also reserves 8 CFR 274a. the petitioner is unable nonimmigrant status. but See INA sec. corrections to 8 CFR parts 274a.C. but must apply to USCIS for passport is required in addition to a reference to ‘‘Deputy Commissioner.1(g).1(g) to add U–1. USCIS believes were granted in conjunction with the evidencing their employment that such an extension is necessary petition.S.1(g) by deleting the status. order to receive a document evidencing Accordingly. may be faced with threats to This provision authorizes the Secretary 8 CFR 274a. ‘‘Application for authorized incident to status and do not subject to the unlawful presence ground Waiver of Passport and/or Visa. Id. U–3. 8 This rule establishes USCIS’s described in 8 CFR 274a. they may be found inadmissible This waiver also may apply to a approval notice for U nonimmigrant petitioner for U nonimmigrant status upon their return to the United States. physical presence in the United States between 180 days and one year and embassy or consular office or obtained and U nonimmigrant status.S. U nonimmigrant aliens waiver on Form I–193.13. admission of any nonimmigrant. as exempt. unless an exemption applies.12(a)(16) do not need to apply to nonimmigrants and petitioners for U and any waivers of inadmissibility that USCIS in order to receive a document nonimmigrant status. Embassy or Consulate United States in U nonimmigrant status. benefits under the LIFE Act described in victims. This position no longer exists after DHS documentation.C. the U. such status to the list of nonimmigrants Revocation of an approved U VerDate Aug<31>2005 18:24 Sep 14. U–2. the time and conditions of 274a. 2007 Jkt 211001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. these in March of 2003. as 212. in accordance with form instructions to be unlawfully present in the United has made threats against the petitioner. U–4. be needed where government officials 766 or I–688B. Embassy or Consulate to obtain request a renewal EAD.14(f)(7).’’ employment authorization valid visa. See 6 U. This who needs to enter the United States 1182(a)(9)(B). New 8 CFR 274a. For derivative family However. They should include a copy of their status. in order to return to the 212. See revised 8 CFR 214.C.S. a visa.13(a) to eliminate certain errors. year. 1184(a)(1). USCIS anticipates that this waiver could will issue the initial EAD on Forms I– INA sec.1.S.S. 8 U. New 8 CFR evidencing this employment of inadmissibility on Form I–192.12(a)(5) and T CFR 212.1. New 8 CFR 274a.12(a)(17) U–5 nonimmigrants and those seeking nonimmigrant status may be revoked. This waiver may apply to a U members who are outside the United United States. See INA sec. Any alien other than a due to an unforeseen emergency after supporting documentation is necessary lawful permanent resident who was Form I–918 is adjudicated but before he to verify identity and confirm the alien’s unlawfully present in the United States or she has received a visa from a U. 274a. took over the functions of the former 1182(a)(7)(B). a copy of their passport. eligible nonimmigrants must request a in U–1 status are employment 1182(a)(9)(B)(ii). he or she is barred from seeking and.12(a)(19) admitted or paroled. as a result. or it may be Aliens with U nonimmigrant status passport requirements for unforeseen filed at a later time.C. 1182(d)(4)(A). New 8 CFR may travel outside the United States. and U–5 nonimmigrant status For nonimmigrants seeking admission This rule makes a technical correction are employment authorized incident to to the United States. prior to obtaining U nonimmigrant in order to re-enter the United States. adjudicate the waiver application. and (18) for future use. who is outside the United States. and a copy of their Form I–94. U–3.

g. Removal Proceedings States. 2007 Jkt 211001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. for certification in writing.14(c)(2)(iv). USCIS that he or she will not use the that the alien may submit evidence in approved petition to enter the United rebuttal within 30 days of the date of the 8. In developing this rule. and (5) approval of a petition and thereby nonimmigrant status. New 8 CFR 214. deemed to have been used and cannot U nonimmigrant status. In addition. Form I–918.14(h)(4). See.2(h)(12)(ii). USCIS has determined of 30 days to file an appeal is a standard nonimmigrant status may be unable to that revocation of a petition by notice in period for filing an appeal. USCIS determined that these Providing such assistance is an nonimmigrant status is granted to a programs would likely result in such a VerDate Aug<31>2005 18:24 Sep 14. New be charged for filing Form I–918 or for meets the requirements for U 8 CFR 214.7(c). USCIS has determined that written notice of revocation that the INA. 8 pay the biometric services fee. 2007 / Rules and Regulations 53031 nonimmigrant status petition eligibility requirement for U principal alien. lawful permanent resident. U.14(h)(2).. or supporting (4) where a derivative’s relationship to discretion of USCIS.S. warranted where the derivative is This rule provides that revocation of anecdotal evidence indicates that providing valuable assistance to the a previously approved petition will applicants under these programs are certifying agency in the investigation or have no effect on the annual cap. prosecution of criminal activity. notice. e. This blanket fee revocation of the derivative petition is status for the principal. 1229. the petition fee reflects the automatic because USCIS recognizes New 8 CFR 214.S. there is no exemption is because it is consistent not warranted.C. 179 / Monday. At new 8 CFR 214. See. The rule for conduct or a condition that was not nonimmigrant’s petition was based or provides that just as with the initial disclosed to USCIS prior to the granting disavows the contents of the adjudication of Form I–918. nonimmigrant status.SGM 17SER2 . Appeals are not pay the biometric services fee may petitioner may have obtained a benefit permitted for automatic revocations. of the number. that evidence will be within the sole Supplement A. 8 CFR 214. persons in these circumstances. discretion of USCIS. New generally deserving of a fee waiver.uscis. Without an humanitarian purposes of the that there may be instances in which approved petition for U nonimmigrant authorizing statutes. Therefore. Filing and Biometric Services Fees cases where the certification is revocation.14(h)(4). See INA sec. 29851. circumstances may give rise to a ground for U–1 nonimmigrant status is revoked. submit an application for a fee waiver. (2) where determination of what is relevant misrepresentations of material facts in approval of the petition was in error. with the legislative intent to assist mstockstill on PROD1PC66 with RULES2 of the derivative petition may not be U–4. USCIS will also well-being of a few applicants and This rule classifies these bases for deny any pending U nonimmigrant petitioners. 8 U. 1227(a).htm.14(h)(1). may exercise its existing authority to following bases for revocations by The rule mandates that USCIS must institute removal proceedings under notice: (1) Where the certifying official consider all relevant evidence presented section 239 of the INA. a timeframe that many petitioners for U 1227(a)(1)(C)(i). New 8 CFR 214. See new 8 CFR intent to revoke. For example. USCIS revocation: Automatic and by notice.S. September 17. where there was fraud in the petition.C. 8 U. New 8 CFR seeking to adjust status to that of a be used again. is USCIS believes this is a reasonable however. withdraws the U nonimmigrant status in deciding whether to revoke the for conduct committed after admission. as a general Once USCIS revokes a principal graphics/formsfee/forms/index..C.3(a)(2)(i). 1101(a)(15)(U). the principal no longer permits appeals to USCIS’s AAO.S. which is the standard amount of This rule provides for another means Revocation by notice is at the time given for rebutting a notice of for terminating U nonimmigrant status.C. the alien ceases to be sole discretion of USCIS. USCIS recognizes 237(a)(1)(C)(i) of the INA.14(h)(2)(ii). or after revocation of U the principal has terminated. at 29865. See 72 FR the relationship to the principal has statutorily eligible for U nonimmigrant 29851. Each of these where the principal’s approved petition terminates U nonimmigrant status. certification upon which the principal U approval of the petition. including derivatives. However.gov/ is appropriate because. Petitioners must. 8 of the date of the notice of revocation. This rule establishes the 214.14(i) states that USCIS 214. the of U nonimmigrant status. revocation of a petition by notice in explains the specific reasons for the D. adjudications. 8 CFR New 8 CFR 214. 214. this rule USCIS has determined that no fee will that occurs. e. withdrawn is appropriate because when For revocations by notice. Federal Register / Vol.S. USCIS principal alien with an approved U revoke must be in writing and contain does not believe it has the statutory nonimmigrant petition who applied a statement of the grounds for the authority to recapture the numbers after from outside the United States notifies revocation. Also. revocation statutory basis for granting U–2. a derivative’s status is alien’s approved petition for U This program involves the personal dependent upon the principal’s status. See 72 FR section 101(a)(15)(U) of the INA. USCIS considered providing for re-use The rule establishes two forms of 245(m). Web site at http://www. If USCIS revokes documentation. (3) evidence and the weight to be given to the Form I–918. for which he or she was not eligible.14(h)(3). A amount of time for the petitioner to biometric services for each person ages nonimmigrant who fails to maintain appeal the decision and is in keeping 14 through 79 inclusive with each U nonimmigrant status is removable from with the desire to promote nonimmigrant status petition. This provision also states the end of each fiscal year. and there is no basis for an fee waivers can be found on USCIS’s 1 nonimmigrant status has been revoked appeal. 72.14(h)(4). No.14(h)(3). and the decision to waive revocation as discretionary rather than petitions for qualifying family members.g. or U–5 derivative status. U–3. the number will be necessarily results in the termination of nonimmigrants. USCIS will provide the alien with a of removability under section 237(a) of Id. 8 U. 8 CFR 214. this determined that not only would it be Automatic revocation applies where a rule provides that the notice of intent to infeasible to track such numbers. once a U Thus. matter. 1255(m).2(h)(11)(iii)(B). The USCIS has also determined that certifying agency has withdrawn the granting of a fee waiver will be at the revocation of a derivative petition where certification. Once the as outlined in 8 CFR 103. cases of fraud or error is appropriate CFR 103. Further guidance on terminated or where the principal’s U– status.C. and therefore. New 8 CFR 214. The rule requires derivative U nonimmigrant status for nonimmigrant status as described by appeals to be submitted within 30 days qualifying family members. New 8 the United States under section administrative efficiency and finality in CFR 214. at 29865. submit the established fee for no longer maintaining status.14(h)(2)(ii).11(s)(2). 8 CFR Petitioners who are financially unable to because both bases indicate that the 214. 8 U.

(e-mail). (5) fees. contact the and Budget for review. these regulations small businesses. USCIS revised the forms for Planning and Review) diligent in its efforts to comply with the the 30-day notice and incorporated the statutory deadline or a compelling need comments. January 5.’’). or by the crimes and the prosecution of the Nonimmigrant Status. the requirements for soliciting public Accordingly. Cir. Aviation public comment period. as amended by the the public interest. Shalala.S. 678 (2001). light of extremely limited timeframe Massachusetts Avenue. rulemaking under 5 U.2d Regulatory Management Division.regs@dhs. Sacramento v.’’ Therefore. 1984) (agency’s Citizenship and Immigration Services. (2) investment. 370 F.S.C. statutorily imposed deadline and the required by intervening legislation.e. this rule is to publish regulations required by that Small Business Regulatory Enforcement being published as an interim final rule Act within 180 days after enactment and Fairness Act of 1996 (SBRFA). this regulation Register. adjudication of those requests would 1193. 605(b)).e.S. readability. Small Business Regulatory in an indeterminate state. ‘‘Petition for Qualifying Family Member in one year. USCIS finds a compelling public need U. Unfunded Mandates Reform Act of new U classification to curtail criminal DHS notes that in compliance with 1995 activity. See BIWPA sec. 737 F. overtake the adjudication of the benefit good cause argument was justifiable ‘‘in Department of Homeland Security. U. justifying the exception allowed by the with law enforcement agencies affected RFA analysis is not required when a by this rule to balance its humanitarian rule is exempt from notice and comment Administrative Procedure Act (APA) to goals and law enforcement interests. 179 / Monday. DHS Admin.gov IV. a summary of Accordingly. to security risks and other effects comments addressed the Business Regulatory Enforcement Act of of human trafficking. 1513(a)(2). in the aggregate. protect victims of crimes the Paperwork Reduction Act. (D. 71 FR 32117 (June 2.S. 553(b). Fed. not small serious harm. as appropriate. Regulatory Planning and Review. 1994) (5 month statutory To review the forms. the requires an agency to prepare and make and is effective 30 days after statutory and regulatory framework of available to the public a regulatory publication. Cir. This exception exempt from notice and comment make this interim rule effective 30 days rulemaking pursuant to 5 U.C. thus. rfs. a major increase in Further. and leaves their legal status forms include descriptions of the D. cause exists under 5 U. the certification process. and burden 1996. delay in comprehension.S. 2006) requires DHS (5 U. 53032 Federal Register / Vol. Executive Order 12866 (Regulatory evidence that the agency has been comments.’’ and Supplement B. The instructions to these 1995. 2007 / Rules and Regulations high number of waiver requests that exception).’’ Supplement A.C. substance of the form instructions.C. Administrative Procedure Act Section 828 of the Violence Against Women and Department of Justice B. as well as the annual effect on the economy of $100 would be contrary to the public interest. before closure of the 60-day directly regulates individuals. section 3(f).S. given by Congress in relation to amount Washington. continued delay of this rule notice). (4) filing companies to compete with foreign- when a statutorily imposed deadline is deadlines. USCIS received no be a significant regulatory action under regulation. See 70 FR 72460 (Dec.S. USCIS committed against them in the United published notices in the Federal This rule will not result in the States. to danger. Unfunded Mandates Reform Act of further exposes victims of these crimes day notice). of $100 million or more perpetrators. 533 effect of the rule on small entities (i. Block. Moreover. Therefore. Jifry v. See Methodist Hosp. productivity. (3) instructions on the ability of United States-based Agencies may bypass public comment for interim relief recipients. See Zadvydas v. (i. NW. 2006). or significant adverse cause exception is warranted by the on seven general areas: (1) Changes effects on competition. 2004) entities as that term is defined under the nevertheless invites written comments RFA.SGM 17SER2 .C. Therefore. immigration laws is exceedingly flexibility analysis that describes the comments and will address comments complex. agencies from receiving the benefits of USCIS received 55 comments in This rule is not a major rule as the BIWPA and continues to expose the response to the 60-day notice. the eligibility and evidentiary requirements Enforcement Fairness Act of 1996 delay prevents law enforcement for obtaining U nonimmigrant status. Cir. DC 20529. (6) the admissibility based companies in domestic and combined with a complicated statutory requirement. employment. See. 5. 111 requests themselves.C. This rule will not result in an the implementation of these regulations estimate of the form. ‘‘Petition for U governments. local and tribal participate in the investigation of the Form I–918. Plus.3d 1174 (D. should be used by agencies in cases. Congress created the final rule. 2007 Jkt 211001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. September 17.C. In response to these E. Nonetheless. A. any timely comments in preparing a in serious harm). for rapid implementation of this rule have required input and coordination and small governmental jurisdictions). USCIS finds that the good substantive comments primarily focused costs or prices. USCIS invites U. no actions were deemed enforcement until this rule is effective. The Regulatory Flexibility Act (RFA) would be impracticable and contrary to 109–162. innovation. Regulatory Flexibility Act USCIS has determined that delaying this rule to allow public comment Reauthorization Act of 2005 (Pub. coming forward to assist law ‘‘U Nonimmigrant Status Certification. DHS finds that good USCIS has determined that this rule is comment before a rule shall take effect. Unfortunately. an RFA analysis is not (finding the exception excuses notice on this interim rule. following publication in the Federal such as this. and it will not significantly Many immigrant crime victims fear of U–1 Recipient. July 4.3d 1225 notice. and will consider and comment where delay could result required for this rule. and encourage victims to fully Register requesting public comment on expenditure by State. The defined by section 804 of the Small U. Davis. No. where delay could result in 553(b)(B). 72. or complicated nature of this rule. 38 F. Further. C. VerDate Aug<31>2005 18:24 Sep 14. Petry v. small organizations. in the final rule. 1201 (D. of comments in response to the 30-day Executive Order 12866. and USCIS’ submitted to the Office of Management framework constituted good cause for response to the comments. 553(b) to 5 U. private sector. this regulation has been deadline and complex regulatory the public comments. The million or more.S. Regulatory Requirements of work required to produce rule. and (7) the evidence export markets.. 2006) (30..S. 553(b)(3)(B).C. 3rd Floor. into this This rule is considered by USCIS to mstockstill on PROD1PC66 with RULES2 for rapid implementation of the interim rule. 2005) (60-day necessary under the provisions of the Thus. L.. or uniquely affect small governments. or regulatory scheme and there is either standard..

and provides average time for that trip will be an The number of petitions for U–1 temporary immigration benefits hour. and cost of the program would be $2.000 in any fiscal authorization).000 + $2.400 (36. for a This reimbursement rate fluctuates over administrative and case management total of 300 minutes of each petitioner’s time. Using this action. victims of certain criminal activity who times and distances will vary. 72.000 2.000 petitioners and qualifying would be reviewed to determine services fee that the petitioner must pay family members with precision.5 cents per mile × 20 mstockstill on PROD1PC66 with RULES2 USCIS estimates that each petitioner United States may be disadvantaged will spend 30 minutes reading the miles). Total INA sec. however. Petitions of this interim rule to be $6. This rule also imposes petition I–918. USCIS estimates that Services Administration (GSA) opportunity to access victims services to each Form I–918 petitioner will spend establishes a reimbursement rate that is which they may be entitled. Specifically. privately-owned vehicle as 44.000 Forms I–918 and 24. alien victim to remain in the United in fees for Forms I–918. For the whether or not they are approvable but to USCIS. Costs to Petitioners adults on behalf of children.982. potentially leading to member to wait for service.000 (24. and to have year (October 1 through September 30).000 million + classification is available to alien biometrics information. Disadvantages include additional assemble and submit the form. wage was $17.000 Forms exceed the numerical limit (i. USCIS has identified the following four requirements and processing fees.491. The total cost of and procedures for aliens seeking members will also be required to travel compliance to this rule each fiscal year nonimmigrant status under the U to the nearest USCIS Application by 36. USCIS would provide seeking U nonimmigrant status to pay as a proxy for the opportunity cost of an petitioners on the waiting list with the prescribed biometric services fee. USCIS estimates the total the United States while waiting for a A. 30 minutes to assemble and submit the in biometric services fees.880. national hourly wage rate from the based upon the date on which the This rule requires any individual Bureau of Labor Statistics (BLS) for 2003 petition is filed. Application Support Center. the first being chosen for many of these forms will be filed by this rule: 1.880.000 and $1. Supplement A) annually. See ‘‘All Occupations’’ the mean hourly fiscal year in the form of deferred 72 FR 29851. cap).491.400). USCIS estimates that petitioners GSA calculates the cost of operating a maintain a waiting list during the fiscal also submitting Form I–918.920. 2007 Jkt 211001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. first out basis.75) for Form I–918. This rule his or her biometrics collected. We consider this GSA means through which to support instructions. and that the criminal activity. USCIS would adjudicate petitions form. It will take 75 minutes to reimbursement rate to be a reasonable themselves and their families.000 nonimmigrant status from outside the persons × 44.000 persons × 3.000 × $80 biometric services charge) qualifying family members.000 classification. The U nonimmigrant Support Center (ASC) to provide ($2. status.e. transportation costs as $320. because they will not be able to enter instructions to Form I–918.000 persons is $6. complete the form and 150 minutes to proxy for the cost of driving to an ASC.400 in on a first in. vehicles to the ASCs. Treatment of Petitions That Exceed assist government officials in estimates the average round-trip to an the Statutory Cap investigating or prosecuting that ASC will be 20 miles. petitions each fiscal year. USCIS estimates that this × $17. Supplement In summary.000 × $80 biometric services charge) hours × $17. Approvable needed to submit the required forms. USCIS anticipates that most available. While travel $320. In Supplement A will spend 1 hour and 30 mile. No. and 5 hours complying with this rule. September 17.000 persons × 7. individual’s time.000 in biometric services petitioners will drive privately-owned by allowing victims to remain in the fees each fiscal year. At USCIS estimates that it will receive BLS wage data. $1. costs to USCIS due to the need to time. USCIS does not know how alternatives. 30 minutes to complete the form. USCIS is using the mean Priority on the waiting list would be these costs are described in more detail.000 (12. Federal Register / Vol. 1184(p)(2). It will take an average of one hour nonimmigrant status that USCIS may (nonimmigrant status and employment for a petitioner or qualifying family grant is limited to 10.0 hours granted first.000 new number to become available.000 Forms total cost for petitioner time spent is petitions on the waiting list would be I–918. 179 / Monday. USCIS would adjudicate petitions USCIS estimates the total annual cost Consequently. $2.182.75) for Form I–918 petitioners. those applying for U minutes complying with this rule.880. alternative include: assisting law rule will cost petitioners $960. parole.000 process for U nonimmigrant status and this requirement is two hours. The General United States. notice would be sent to the petitioner. However.000 forms approvable petitions per fiscal year will must use to request U nonimmigrant (12.000 Forms I–918 and 24. 2007 / Rules and Regulations 53033 This rule establishes the requirements Petitioners and qualifying family transportation costs. giving them an Additionally. it is difficult for USCIS to on a first in. first out basis.5 enforcement agencies by allowing the (12.182.75 in 2003. Additionally.SGM 17SER2 . USCIS 2. for the numerical cap. Therefore. prosecution of criminal activity while in fees for Forms I–918. improving customer service will be $2. 1. 12. Supplement A each fiscal year. Below.S. or a stay of removal. establishing VerDate Aug<31>2005 18:24 Sep 14. requires and establishes an application time for each individual to comply with USCIS anticipates receiving 12. 214(p)(2). Therefore.000. USCIS calculates the addition. USCIS potential exists that the number of Form I–918 as the form that petitioners expects to receive a total of 36.. 8 U. as of January 1. the opportunity cost of time purpose of this economic analysis. there is the cost of waiting for new numbers to become The total cost of this rule to petitioners travel. 2006.5 cents a year and to adjudicate interim relief. USCIS will assume that all petitioners petitions that are reviewed after the the opportunity cost of time required for and qualifying family members are numerical cap has been reached would a visit to an Application Support Center. permanent resident status. adults and use an opportunity cost of be placed on a waiting list and written and the cost of traveling to an time based on national wage rates. and $1.982.000 Supplement A petitioners and States to assist in the investigation or (24. Advantages to this Therefore. designating As previously discussed. BLS estimates for interim relief until the start of the next This fee is currently $80 per person.C. million in time and $320. Supplement A. USCIS estimates the the beginning of the next fiscal year. USCIS used when privately owned vehicles are providing employment authorization to estimates that each petitioner will spend used by federal employees while on alien victims so they will have a lawful 75 minutes reading the Form I–918 official travel. estimate the opportunity cost of time for received after the limit has been reached This cost includes the biometric the 36. the employment authorization.

If a case was not particularly levels of government. first out basis. ‘‘Application for Advance which they may be entitled. Public Law petition to determine whether it was 105–277. law enforcement potentially impeding case processing by the Office of Management and has no assurance that the alien victim efficiency by causing adjudication to Budget (OMB) under the provisions of will be present in the United States to occur in waves (i. September 17.e.. it is determined that this OMB has approved this new approach is that it would provide a rule does not have sufficient federalism information collection in accordance mechanism to ensure that certain alien implications to warrant the preparation with the Paperwork Reduction Act of victims needed for the investigation or of a federalism summary impact 1995 and assigned it OMB Control prosecution of criminal activity would statement. Display to remain in the U. first out basis. whose family members have date on which the petition was filed. 2007 / Rules and Regulations a waiting list for petitions that are rejected which would result in financial family well-being by encouraging pending or received after the numerical losses to the petitioners. as well as other proposals Nonimmigrant Status. new filings would be rejected once the been victims of certain criminal activity. An have determined that it may affect Reporting and recordkeeping additional disadvantage would be that family well-being as that term is defined requirements. interim relief. Surety bonds. without permission slow once the cap is reached). the filing would be denied accordance with section 6 of Executive under the Paperwork Reduction Act.5. The advantage to this Order 13132. 8 U. Immigration. ‘‘Application for Employment new filings would be reviewed to Authorization. identify particularly compelling cases for adjudication. petitions on the the cap is reached. Additionally. whose petitions are rejected. depriving law enforcement of assistance I have reviewed this regulation and Freedom of information. G.’’ approach would also result in ensuring the protection of alien victims OMB Control Number 1615–0017. however. and H. of victims not given interim relief. No. This regulation will enhance recordkeeping requirements. Executive Order 12988 (Civil Justice List of Subjects Disadvantages include: difficulty in Reform) establishing balanced standards This rule meets the applicable 8 CFR Part 103 regarding who will receive interim standards set forth in sections 3(a) and relief. VerDate Aug<31>2005 18:24 Sep 14. United States. some cases. INA. Family Assessment (Government agencies). New filings would be This rule will not have substantial In addition. However. This meets the goals of the BIWPA by both Permission to Enter as Nonimmigrant. Disadvantages include: The primary advantage of this This rule establishes application depriving law enforcement of alternative is that it eliminates the need requirements and procedures for aliens cooperating alien victims for those for petitioners to file a new petition to receive U nonimmigrant status.C. this rule requires that an rejected once the numerical cap is direct effects on the States. Forms. A large percentage of the the criteria specified by section Passports and visas. Priority on the 4. Form I–765. This means that interim relief be granted. 1101(a)(15)(U). 72. on grants of U nonimmigrant status. depriving alien victims not given Administrative practice and 3(b)(2) of Executive Order 12988. USCIS would adjudicate petitions victims of certain criminal activity. Number 1615–0104. 179 / Monday. Privacy. busy during the the Paperwork Reduction Act. interim relief of victims’ services to procedure. Accordingly.’’ OMB Control Number F.S. No official waiting list would relationship between the National ‘‘Petition for U Nonimmigrant Status.S. Authority delegations which they may be entitled. nor would providing critical assistance and on the waiting list. Fees. A. Form I–539. Some of alternative include: little assurance that disadvantaging those who are unable to the information collection requirements the alien victim will not be removed file early in the fiscal year. may be deprived of victims services to rule because USCIS believes that it best Form I–192. Disadvantages of this services to which they may be entitled. 1999. No waiting to report the criminal activity. reached. depriving each year and keeps petitions in rejected petitioners access to victims defined in section 101(a)(15)(U) of the process. and by to petitioners whose petitions are placed list would be established. of the next fiscal year. Executive Order 13132 (Federalism) 1615–0040.SGM 17SER2 .’’ be established. Aliens. the alien victim USCIS chose the first alternative for this Control Numbers. and equal treatment for those applying from outside the I. 53034 Federal Register / Vol. on the alien submit a completed Form I–918. interim relief Government and the States. USCIS would not provide interim relief numerical cap is reached. and contained in this rule have been cleared from the United States. USCIS would adjudicate petitions for managing the numerical limitation Number 1615–0003. Paperwork Reduction Act waiting list would be adjudicated first. Reporting and petitions would likely be denied or 654(c)(1). mstockstill on PROD1PC66 with RULES2 petitioners would have to pay the filing in section 654 of the Treasury General 8 CFR Part 212 fee in order for USCIS to review the Appropriations Act. At the beginning costs since it would allow rejection once principal petitioner has received status. ‘‘Application for Waiver of management costs by creating the need to criminal investigations and Passport and/or Visa. this regulation petitioners who are not in status would this approach include no additional allows qualifying family members to be accruing unlawful presence and administrative or case management obtain U nonimmigrant status once the would be removable. alternatives. This Form would be provided for some compelling responsibilities among the various I–918 and supporting documentation is cases. Number 1653–0004. or on the and supporting documentation to apply until the start of the next fiscal year distribution of power and for U nonimmigrant status. Form additional administrative and case and minimizing the risk of disruptions I–193. I have Administrative practice and particularly compelling and merited assessed this action in accordance with procedure. Clearance assist in the investigation or prosecution beginning of the fiscal year and then numbers for these collections are of criminal activity. Therefore. contained in 8 CFR 299. in considered a new information collection compelling. Div. vulnerable individuals who have been cap has been reached.. or rejected. and are noted herein.’’ OMB Control 3. or in waiting list would be based upon the on a first in. Advantages to benefits. on a first in. be able to remain in the United States. However. fiscal year and could create a perpetual USCIS solicits comments on these ‘‘Application to Extend/Change waiting list/backlog. 2007 Jkt 211001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2.’’ OMB Control to maintain a waiting list during the prosecutions.

Upon a except where the ground of ■ 1. * * * * * status being filed pursuant to 8 CFR 1184.’’ or Form I–918. 1186a.C.17 is added. 1102. Family Member of U–1 Recipient. behalf have a right to appeal from a a maximum amount of $540. USCIS may not waive a Code of Federal Regulations is amended Form DSP–150. Supplement A’’ to read as to this paragraph and notify the involving violent or dangerous crimes or follows: nonimmigrant in writing to that effect. revising paragraph (g) and adding a new (unlawful presence ground of paragraph (p) to read as follows: inadmissibility triggered by departure 8 CFR Part 274a from the United States). 2335 (6 U.’’ An 1103. 12356. However. An decision to revoke a waiver.S. 1103.14. Health professions. 1223. 2007 Jkt 211001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. 1182 and note. Aliens. § 212. Under no circumstances will the Supplement A concurrently with Form discretion relating to U nonimmigrant alien or any party acting on his or her I–918—$120 per family member. 8 U.S. on a case-by-case basis. issued by the DOS on inadmissibility. 1182. filing a petition to classify an alien as a ‘‘Petition for U Nonimmigrant Status. up to status. 8 U. must submit Form I–192. The authority citation for part 103 nonimmigrant’s application on Form I– inadmissibility arises under sections continues to read as follows: 193. Reporting ■ 3. 1304. REQUIREMENTS: NONIMMIGRANTS. 8 U. Supplement A.S. seeking a waiver of section 212(a)(9)(B) Aliens. may grant United States must present an Form I–192 based on section 212(d)(14) 8 CFR Part 299 unexpired visa and passport valid for of the Act. 1187. Section 212. For over the adjudication of Form I–918. 552.C. The authority citation for part 214 101(a)(15)(U)(ii) separately from Form I– is revised to read as follows: 1182(d)(3)(B) or (d)(14). 1301– VerDate Aug<31>2005 18:24 Sep 14. The Secretary of ■ 5.). requirements. victims. described in one or more of the may grant Form I–192 based on section AVAILABILITY OF RECORDS paragraphs (a) through (f) or (i).S. except that deny a waiver. 8 U. chapter I of title 8 of the crossing card. or a valid biometric border to waive the applicable ground(s) of ■ Accordingly. along with programs.S. or (3)(E) of the Act. or 212(d)(3) of the Act. Employment.S. USCIS will only exercise * * * * * classification. a new ‘‘Form I–918’’ and a waiver previously authorized pursuant applicant has been convicted. Reporting and recordkeeping ■ 4. PAROLE with the form instructions.S. 1221.S. under section 212(d) of the Act. Section 212. 1982 Comp. in proper alpha/numeric district director may at any time revoke severity of the offenses of which the sequence. 2007 / Rules and Regulations 53035 8 CFR Part 214 PART 212—DOCUMENTARY 214. unless the section 212(a)(3)(E) of the Act. and recordkeeping requirements. 8 U. waive the documentary requirements. 1356. in its discretion. 1225. continues to read as follows: Supplement A. (o). 8 U. appropriate cases.C. satisfied that the nonimmigrant cannot inadmissible on criminal or related present the required documents because grounds. 552a. nonimmigrant satisfies the requirements 1182(a)(3)(E). 72. Employment. in exercising its discretion ■ 2.C. Authority: 5 U. Federal Register / Vol. 1 et seq. (3)(C). in the exercise of his or her 1182(a)(3)(A)(i)(I).1 is amended by of the Act. ■ 6. (3)(A)(ii). (3)(A)(iii). In cases ‘‘Form I–918. The USCIS will consider the number and adding.. 1182(d)(3). Cultural exchange INADMISSABLE ALIENS. (b) * * * avail themselves of the provisions of (3) There is no appeal of a decision to (1) * * * paragraph (g) of this section. 1282. of the USCIS office having jurisdiction waiver of ground of inadmissibility in 8 U. Reporting and recordkeeping (g) Unforeseen emergency. 1101. (a) Filing the waiver application. to read as Homeland Security.17 Applications for the exercise of 118(d). (3)(A)(iii). 1281. 8 U. 1184. Passport and/or Visa. 1101.O. E. No. (p) of this section.C.C.C.C.S. 1101 and note. alien in U nonimmigrant status who is 8 CFR Part 248 1226. 1102.C. nonimmigrant seeking admission to the (1) USCIS.C.S. Aliens.’’ a district director (3)(C). re-entry to the United States in procedure. * * * * * accordance with the form instructions. Public Law 107–296. in its discretion. at any time. 8 U. national interest to exercise discretion recordkeeping requirements.’’ in accordance procedure. p. ‘‘Petition for Qualifying Students. 1182(d)(14). ADMISSION OF CERTAIN Enter as Non-Immigrant. at the time of ground of inadmissibility based upon as follows: application for admission. ‘‘Application for Waiver of 212(a)(3)(A)(i)(I). 1182(a)(9)(B) requirements.SGM 17SER2 . ‘‘Petition for U officials.7(b)(1) is amended by of an unforeseen emergency. on Form I–918.C. For filing alien applying for a waiver of mstockstill on PROD1PC66 with RULES2 a petition to classify an alien as a inadmissibility under section PART 214—NONIMMIGRANT CLASSES nonimmigrant under section 212(d)(3)(B) or (d)(14) of the Act (waivers of inadmissibility).S. 8 CFR part 2.S.C. Reporting and 212(a)(7)(B) of the Act. nothing in this Form I–918. with a petition for U nonimmigrant Authority: 8 U. 9701. Foreign Form I–918. 1101(a)(15)(U)(ii). 116 Stat. 8 U. 1182(a)(7). A (b) Treatment of waiver application.C.’’ (c) Revocation.S. if it the amount of time set forth in section determines that it is in the public or Immigration. inadmissibility based on the security * * * * * and related grounds in section 212(a)(3) § 103. 166. The authority citation for part 212 Nonimmigrant Status. 15557. 1103. 1227. Individuals seeking U–1 favorable discretion in extraordinary through U–5 nonimmigrant status may circumstances. USCIS. Section 103. must file Form § 212. (3)(A)(ii).S. For filing a petition to the authority to waive documentary paragraph is intended to prevent an classify an alien as a nonimmigrant requirements resides with the director applicant from re-filing a request for a under section 101(a)(15)(U)(i) of the Act. in connection 918—$120.S. 1187. 8 U. ‘‘Application for Advance Permission to Administrative practice and WAIVERS. PART 103—POWERS AND DUTIES. or (3)(E).C.C. (p) Alien in U–1 through U–5 of the Act. discretion. if (2) In the case of applicants 3 CFR. Penalties. September 17.7 Fees.S. 1101(a)(15)(U)(i)—$270. Form I–918.1 Documentary requirements for I–192 prior to his or her application for Administrative practice and nonimmigrants. 47 FR 14874. Authority: 8 U.C. may nonimmigrant under section follows: revoke a waiver previously authorized 101(a)(15)(U)(ii) of the Act. 31 U. may. 179 / Monday.

L.. who requested Against Women Act of 2000. incest. definition. Pub. tit.1 Requirements for admission.. 119 Stat.. (U)(iii).S. 109–271. Reauthorization Act of 2005. port. base. 8 CFR part 2. and with the Government of Palau. conspiracy. and 1931 note. violence.. and whether within or the spouse. blackmail. 106–386. of such alien. Palmyra 101(a)(15)(U)(ii) . or is incompetent or This definition includes agencies that contact. is being § 214. certifications on behalf of that agency. 101(a)(15)(U)(i). qualifying family member means (ix) Section 101(a)(15)(U)(ii) is territory thereof. (i) The alien spouse. 2007 Jkt 211001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. Pub. the term: (7) Next friend means a person who or she is a victim. unlawful criminal activity. parents. or attempt. As used in this under military control. Midway Atoll. State. (1) BIWPA means Battered Immigrant appears in a lawsuit to act for the (13) U interim relief refers to the Women Protection Act of 2000 of the benefit of an alien under the age of 16 interim benefits that were provided by Victims of Trafficking and Violence or incapacitated or incompetent. and unmarried siblings under the age of 18 (U)(v) for the spouse. encampment. female genital mutilation. but not limited to. (U)(iv). as Reef. (12) U nonimmigrant status * * * * * (6) Military Installation means any certification means Form I–918. and (iii) All Indian allotments. or is likely to be helpful in the criminal activity. (14) Victim of qualifying criminal Pub. will be considered victims of that has responsibility for the criminal law of the United States: Rape. a guardian. judge. mental abuse as a result of being a such benefits and who were deemed L. and. ■ b. victim of qualifying criminal activity. offenses in which the nature and or elements of the offenses are ■ 7. notwithstanding the nonimmigrant status as described in (a)(2). in the case of an alien § 214. well as to the prosecution. false imprisonment. qualifying criminal activity where the investigation or prosecution of a torture. 8 U. 1464. children under 750 (2006). child(ren). prostitution. September 17. L. criminal activity includes one or more is under 21 years of age. of a titles to which have not been (11) Territories and Possessions of the nonimmigrant classified under section extinguished. U–3. 1901 note. or local judge. 72. tampering.. parents and State. Pub. criminal restraint. No. being held hostage. investigation or prosecution of the protective services.. or sentencing of the perpetrator of the Atoll. A new § 214. U–1. or harm to or impairment of the as a result of the commission of Reauthorization Act—Technical emotional or psychological soundness qualifying criminal activity.’’ which confirms that the vehicle. USCIS will consider the age VerDate Aug<31>2005 18:24 Sep 14.. Johnston Atoll. criminal activity or be helpful in the including. conviction. camp. 104–208. L. qualifying criminal activity of which he section.. any leased facility.. obstruction of justice. the Equal kidnapping. provide information concerning the in their respective areas of expertise. Howland Island. substantially similar to the statutorily ■ a. 114 (i) The head of the certifying agency. The additions read as follows: rights-of-way running through the 1101(a)(15)(U). including helpful. if the direct victim (2) Certifying agency means a Federal. and running through such allotments.. felonious assault. and therefore unable to mstockstill on PROD1PC66 with RULES2 have criminal investigative jurisdiction exploitation. (4) Indian Country is defined as: enumerated list of criminal activities. (ii) All dependent Indian victim under the age of 21 who is communities within the borders of the eligible for U nonimmigrant status as (a) * * * United States whether within the (1) * * * described in section 101(a)(15)(U) of the original or subsequently acquired Act. or vessel under the jurisdiction petitioner has been helpful.. domestic direct victim is deceased due to murder qualifying crime or criminal activity. Adding a new paragraph (a)(1)(ix). post. abusive sexual or manslaughter.. 1477–1480.. sexual incapacitated.SGM 17SER2 . the spouse or child(ren) reservation.C. of the following or any similar activities unmarried siblings under 18 years of prosecutor. Serranilla Bank. Pub.1 is amended by: (ii) A Federal. (9) Qualifying crime or qualifying 21 years of age and. aircraft. The term ‘‘any Marshall Islands. or divided into (U)(ii). issue U nonimmigrant status similar activity’’ refers to criminal respectively. extortion. Section Designation to the detection or investigation of a Jarvis Island. Supplement B. V. Adding classification designations Indian reservation under the in the case of an alien victim 21 years in proper numeric/alphabetical jurisdiction of the United States of age or older who is eligible for U sequence in the table in paragraph Government. div. Kingman qualifying crime or criminal activity. 101(a)(15)(U)(i) . including rights-of-way United States means American Samoa. Navassa Island.. ■ 8. tit. child. ‘‘U Nonimmigrant Status follows: station. and by (i) All land within the limits of any (10) Qualifying family member means. or local law enforcement agency. Violence has suffered substantial physical or nonimmigrant status. of the victim. State or local age. the Indian of such an alien.14 Alien victims of certain qualifying of the Department of Defense. L. and without the limits of a state. prima facie eligible for U nonimmigrant amended by Violence Against Women The next friend is not a party to the status prior to the publication of the and Department of Justice legal proceeding and is not appointed as implementing regulations. extension. slave trade. and maintenance of status. VIII. who USCIS to petitioners for U Protection Act of 2000. and Wake Atoll. 120 Stat. in violation of Federal. (8) Physical or mental abuse means activity generally means an alien who amended by Violence Against Women injury or harm to the victim’s physical has suffered direct and proximate harm and Department of Justice person.. 2960 (2006). Northern Mariana Islands. U–2.14 is added to read as facility. 106–386.. qualifying crime or criminal activity. 2007 / Rules and Regulations 1305 and 1372. determining eligibility under this and the Department of Labor. U–4. Bajo Nuevo (the Petrel (2) * * * (5) Investigation or prosecution refers Islands). 3009–708. Swains Island. sexual assault. or of Free Association with the Federated States who has been specifically designated by solicitation to commit any of the above of Micronesia and the Republic of the the head of the certifying agency to mentioned crimes.S. or any other location investigation or prosecution of the (a) Definitions. yard. parent. respectively. 114 Stat. B. Corrections. center. child involuntary servitude. 53036 Federal Register / Vol. (2000). or other authority. witness 110 Stat. section 643. Section 214. Certification.C. and including section 101(a)(15)(U) of the Act. (3) Certifying official means: murder. abduction.. 48 U. 109–162. 179 / Monday. For purposes of Employment Opportunity Commission. Baker Island. section 141 of the Compacts or any person(s) in a supervisory role perjury. siblings. manslaughter. Stat. trafficking. issuance of any patent. U–5. peonage.

friend of the alien may provide the alien is in detention pending execution (b) Eligibility. a parent. (1) The alien has suffered substantial activity. The alien must possess specific (i) Petitioners in pending immigration qualifying criminal activity. and (i) Form I–918. State. the event that the alien has not yet nonimmigrant status has no effect on (iii) A person who is culpable for the reached 16 years of age on the date on ICE’s authority to execute a final order. the applicant has been together may be considered to constitute to USCIS in accordance with this a victim of qualifying criminal activity substantial physical or mental abuse paragraph and the instructions to Form that the certifying official’s agency is even where no single act alone rises to I–918. qualifying criminal activity upon which alien who is the subject of a final order or his or her petition is based. Federal Register / Vol. obstruction or prosecution of the qualifying criminal former sections 236 or 242 of the Act.S. health. 8 U. concerning the qualifying criminal evidence that was submitted with the or is likely to be helpful to an activity upon which his or her petition request for interim relief.S. Form I–918. the petitioner has been. a parent. or sentencing of qualifying substantial.SGM 17SER2 . whichever is appropriate. investigation. or next (2) Initial evidence. or prosecutor. unable to be of detention (under the standards of 8 accordance with paragraph (c) of this helpful in the investigation or CFR 241. prosecute. A petitioner who received investigating or prosecuting. the nonimmigrant status must submit. and initial evidence criminal activity. a parent. USCIS. and the facts regarding the criminal activity proceedings. solicitation. at least in qualifying crime. investigation or prosecution of that is based. or conspiracy to not yet reached 16 years of age on the prior to April 1. a motion to terminate proceedings conclude that the perpetrator committed parent. An alien is eligible for required assistance.C. including but not limited to: Indian country and U. that has responsibility for the automatically does not create a Nonimmigrant Status.6(a). the severity of the harm violated a U. as a means: (3) The alien has been helpful. presumption that the abuse suffered was (or request for a fee waiver as provided conviction. deportation. No single factor is a over all petitions for U nonimmigrant State. investigate. An perpetrator for other criminal activity. guardian or next 241. specifically designated by the head of appearance. if the request of the alien petitioner. or perjury. or any person(s) in a the harm. at the obstruction of justice. and who would commit one or more of those offenses. ‘‘U criminal activity. or local judge. a joint (B) There are reasonable grounds to alien is incapacitated or incompetent. conditions. 1226 and 1252 (as in effect attempt. the severity of the perpetrator’s possessions of the United States. or perjury. therefore. or must state that: the person signing the conduct. 1229a. arrest. military six months immediately preceding the The nature of the injury inflicted or installations) or in the territories or filing of Form I–918. as perpetrator of the witness tampering. or is likely to be helpful being adjudicated by USCIS. 1997). Immigration and Customs and proximately harmed by the guardian or next friend of the alien may Enforcement (ICE) counsel may agree. to file. An alien who is in removal qualifying criminal activity violated VerDate Aug<31>2005 18:24 Sep 14.7(c)). or local law enforcement suffered was substantial. of justice. interim relief is not required to submit petitioner possesses information (2) The alien possesses credible and initial evidence with Form I–918 if he concerning the qualifying criminal mstockstill on PROD1PC66 with RULES2 reliable information establishing that he or she wishes to rely on the law activity of which he or she has been a or she has knowledge of the details enforcement certification and other victim. or in exclusion or (ii) A petitioner may be considered a provide assistance to the investigation deportation proceedings initiated under victim of witness tampering. prosecution. is being. is. nonimmigrant status—(1) Filing a nonimmigrant status certifications on including aggravation of pre-existing petition. In USCIS. has not not precluded from filing a petition for or exploitation of or undue control over refused or failed to provide information U–1 nonimmigrant status directly with the petitioner through manipulation of and assistance reasonably requested. possess the information regarding a a matter of discretion. September 17. and since of removal. or exclusion. or next friend may without prejudice with the immigration the witness tampering.S. 2007 / Rules and Regulations 53037 of the victim at the time the qualifying leading a certifying official to determine proceedings under section 240 of the criminal activity occurred.S. the duration of the infliction of for extraterritorial jurisdiction to agency. In the event that the alien has 8 U. An alien seeking U–1 Federal. or exclusion is (2) To further the perpetrator’s abuse the initiation of cooperation. USCIS has sole jurisdiction behalf of that agency. by agency. No. the agency is a prerequisite to establish that the abuse status. and the extent to which there prosecute the offense in a U. ‘‘Petition for U authority. the that level. or to a certifying agency in the (ii) Petitioners with final orders of otherwise bring to justice the investigation or prosecution of the removal. federal supervisory role who has been is permanent or serious harm to the court. while a principal part.S. obstruction of possess the information regarding the judge or Board of Immigration Appeals. federal law that provides certificate is the head of the certifying suffered. 72. date on which an act constituting an like to apply for U nonimmigrant status if: element of the qualifying criminal must file a Form I–918 directly with (A) The petitioner has been directly activity first occurred. including any activity. justice. Whether abuse is (4) The qualifying criminal activity Nonimmigrant Status Certification. 2007 Jkt 211001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2.6(a) and 8 CFR 1241. In addition. deportation. The certification suffered.C. or physical or (c) Application procedures for U the certifying agency to issue U mental soundness of the victim. U. Also. is petition for U nonimmigrant status is (1) To avoid or frustrate efforts to being helpful. qualifying criminal activity being which an act constituting an element of although the alien may file a request for investigated or prosecuted is excluded the qualifying criminal activity first a stay of removal pursuant to 8 CFR from being recognized as a victim of occurred. and qualifying crime. In addition.’’ applicable fees detection. Supplement B. A series of acts taken in 8 CFR 103. or is a Federal. if the of the final order.’’ substantial is based on a number of occurred in the United States (including signed by a certifying official within the factors. that the petitioner has.S. The filing of a petition for U–1 the legal system. 179 / Monday. the time during which U–1 nonimmigrant status if he or she petitioner is incapacitated or a stay is in effect will extend the period demonstrates all of the following in incompetent and. or is likely to Act. or perjury offense. Form I–918 must physical or mental abuse as a result of friend may provide the required include the following initial evidence: having been a victim of qualifying assistance. guardian. guardian. If the qualifying criminal activity.4) reasonably necessary to section: prosecution of the qualifying criminal bring about the petitioner’s removal. judge or other existence of one or more of the factors mail.

After completing its de Form I–918 to the AAO. All petitioners for U–1 petitioners within the United upon request and submission of a copy for U–1 nonimmigrant status must States.S. is being helpful. victimization. subject to the (6) Petitioners granted U interim or in the territories or possessions of the annual limitation as provided in relief. USCIS of the date the denial becomes the United States (including Indian also will concurrently grant U–1 administratively final. (i) Approval of Form I–918. is required. Embassy or Consulate having petitioner wants USCIS to consider to immigration benefit or relief may be jurisdiction over the area in which the establish that: the petitioner is a victim used by USCIS in evaluating the alien is located. a submitted evidence. the initial EAD will not (iv) If the petitioner is inadmissible. USCIS petition from outside the United States. including Form I– Appeals Office (AAO) in accordance parent. nongovernmental organizations to 214. U–1 nonimmigrant status. deportation. its territories. 2007 Jkt 211001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. with the an initial Employment Authorization incapacitated. For principal statement on behalf of the petitioner. proceedings.S.’’ 1003. a parent. When the or the Board may seek cancellation of status. Evidence Department of State for delivery to the (ii) Any additional evidence that the previously submitted for this or other U. An include information supporting any of to an order of exclusion. such order by filing. ‘‘U Nonimmigrant with the provisions of 8 CFR 103. federal paragraph (d) of this section.C. having jurisdiction over the the petitioner of the proper time and USCIS will notify the alien of such adjudication of petitions for U location to appear for biometric capture approval on Form I–797. Petitioners who were granted U United States. State. The for U–1 petitioners outside the United must file Form I–765 in accordance with petitioner may submit any credible States. or. activity. a Document (EAD) to such aliens who are guardian. USCIS automatically will issue petitioner is under the age of 16. his or her expiring EAD or replace an petitioner to demonstrate eligibility for (B) Notice of Approval of Form I–918 EAD that was lost. ‘‘Application for Advance and numerical limitations of 8 CFR admitted to the United States in U Permission to Enter as Non-Immigrant. 53038 Federal Register / Vol. or destroyed. federal court. Action. A petitioner who is subject (7) Employment authorization. For or local law enforcement agency. or is his or her options while in the United Act. ‘‘Arrival- submit to biometric capture and pay a 918 for an alien who filed his or her Departure Record.14(c)(1)(i). No additional fee after the petitioner files Form I–918. or violates a U. in accordance with 8 CFR 212. the petitioner (or. For a petitioner in the stay being lifted automatically as activity is qualifying and occurred in who is within the United States. States and available resources. or the criminal approve Form I–918.’’ and include Form I–94. to the appropriate port of entry. or Federal or If USCIS determines that the petitioner of removal. After USCIS approves Form I– of his or her Form I–94. evidence submitted in connection with approval on Form I–797. the criminal activity of which the nonimmigrant status.S. evidence relating to his or her Form I– 918 for an alien who filed his or her (d) Annual cap on U–1 nonimmigrant 918 for consideration by USCIS. USCIS will notify petition from within the United States. An alien granted U–1 (4) Evidentiary standards and burden ‘‘Arrival-Departure Record.23. for a visa exempt of qualifying criminal activity. USCIS will include in a was in removal proceedings that were under the age of 16 or petitioner who is decision approving Form I–918 a list of terminated pursuant to 8 CFR incompetent or incapacitated. For petitioner) possesses information Status Certification. investigating or prosecuting has met the requirements for U–1 and whose order has been stayed. guardian or next friend of the 918. law. nonimmigrant status. deportation.S. in the case of a child decision.S. the evidentiary The petitioner may appeal a denial of a child under the age of 16 or petitioner value of previously or concurrently Form I–918 to the Administrative who is incompetent or incapacitated. to join such a United States. ‘‘Notice of nonimmigrant status. petitioner has suffered substantial nonimmigrant status. immigration judge or the Board. the denial will knowledge of the details concerning the novo review of the petition and not be deemed administratively final qualifying criminal activity of which he evidence. After admission.’’ to the USCIS office biometric capture fee. or occurred in the United shall conduct a de novo review of all USCIS will notify the alien of such States. its possessions. or exclusion State judge. the 918 and notify the petitioner of this denial of a petition for a petitioner who petitioner (or. ICE counsel may agree. status—(1) General. DHS may file a new guardian or next friend of the petitioner) which the petitioner can refer regarding Notice to Appear (see section 239 of the has been helpful. After USCIS approves Form I– the instructions to the form. USCIS will USCIS’ denial of the petition will result petitioner is a victim. issued by the Secretary. (3) Biometric capture. 179 / Monday. 1229) to place the likely to be helpful to a Federal. 2007 / Rules and Regulations U. the order will 1 nonimmigrant status as of the date (iii) A signed statement by the be deemed canceled by operation of law that a request for U interim relief was petitioner describing the facts of the as of the date of USCIS’ approval of initially approved.’’ indicating nonimmigrant status seeking to renew mstockstill on PROD1PC66 with RULES2 of proof. ‘‘Notice of Indian country. USCIS (ii) Denial of Form I–918. The burden shall be on the U–1 nonimmigrant status. 72. (A) Notice of Approval of Form I–918 the alien may receive an initial EAD.3. or incompetent. However. or alien granted U–1 nonimmigrant status the eligibility requirements set out in removal issued by an immigration judge is employment authorized incident to paragraph (b) of this section. or at military Form I–918 and may investigate any Action. The statement also may Form I–918. USCIS will issue a written until the AAO issues a decision or she was a victim and upon which his decision approving or denying Form I– affirming the denial. generally. deportation. petitioners who are subject to an order prosecutor.’’ petitioners who appeal a denial of their establishing that he or she has (5) Decision.17. stolen.S.SGM 17SER2 . USCIS will determine. September 17. military installations) nonimmigrant status. aspect of the petition. or next friend may submit a motion to reopen and terminate removal in the United States. No. individual in proceedings again. For a interim relief as defined in paragraph law that provides for extraterritorial petitioner who is subject to an order of (a)(13) of this section and whose Form jurisdiction to prosecute the offense in exclusion.2 and 1003. or removal I–918 is approved will be accorded U– a U. the eligibility of a petitioner for U–1 alien. 8 U.’’ and will forward notice to the installations abroad. as aliens who applied from outside the and a matter of discretion. Upon USCIS’ final or her application is based. motion to overcome any applicable time be issued until the petitioner has been Form I–192. In accordance with VerDate Aug<31>2005 18:24 Sep 14. country and U. petitioner of the reasons for the denial. USCIS will physical or mental abuse as a result of will not be bound by its previous factual provide written notification to the being a victim of qualifying criminal determinations. a parent. in the case of in its sole discretion. or authority. Supplement B.

(i) Qualifying family members in (e) Restrictions on use and disclosure (2) Agencies receiving information pending immigration proceedings. agency of any of those departments. to law of age). All Forms I– (viii) With prior written consent from for such petitioners and qualifying 918. 179 / Monday.S. U–3 (child). or making adverse determinations of April 1. In the next fiscal determinations of eligibility for benefits paragraph (a)(10) of this section. whether principal alien of a qualifying family U nonimmigrant classification—(1) governmental or non-governmental.C. as parole may be terminated at the in pending federal criminal applicable. Supplement A must be the petitioner or derivative family family members. and year.S. 8 U.C. An alien who is the subject VerDate Aug<31>2005 18:24 Sep 14. Supplement issued to qualifying petitioners on the on the Judiciary of the House of A. the principal alien’s eligibility for U (2) Waiting list.C.C. proceedings initiated under former Department of State. A petitioner for petitioner remains admissible and a final decision. the total number of aliens purpose. the 1367. the request of the qualifying family unless the disclosure is made: (f) Admission of qualifying family member.SGM 17SER2 . U–1 nonimmigrant status may apply for eligible for U nonimmigrant status. no services from programs with expertise same time as Form I–918 but are filed accrual of unlawful presence under working with immigrant victims. or a bureau or (3) Officials of the Department of sections 236 or 242 of the Act. The of information relating to petitioners for under this section. in the same has petitioned for or has been granted immigration judge or Board of manner and circumstances as census U–1 nonimmigrant status (i. status. Supplement A directly with or approved petition for U perpetrator of substantial physical or USCIS. 1229a. as defined in the highest priority. USCIS will issue a number to each pursuant to 8 U. or U–5 status is being sought is a filed with the oldest petitions receiving to be used solely in making qualifying family member. must file a Form relating to the beneficiary of a pending information obtained solely from the I–918. deportation.S. An alien petitions were properly filed.e. However. or enforcement officials to be used solely the age of 18) derivative status.C. 2007 Jkt 211001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2.C. After (vii) To the chairmen and ranking derivative U nonimmigrant status on members of the Committee on the behalf of qualifying family members by U–1 nonimmigrant status has been Judiciary of the Senate or the Committee submitting a Form I–918. for Homeland Security are prohibited from 1226 and 1252 (as in effect prior to legitimate department. prohibiting the release of information. 2007 / Rules and Regulations 53039 section 214(p)(2) of the Act.S. September 17. than to a sworn officer or employee of and other restrictions set out in 8 U. During the nongovernmental victims’ service required fees specified in the time a petitioner for U nonimmigrant providers for the sole purpose of instructions to the form.S. (ii) By the Secretary of Homeland U–1 alien who is a child under 21 years (ii) Qualifying family members with Security. ‘‘Petition for Qualifying Family waiting list. State. family member either at the same time year will be issued to new qualifying provided the disclosure relates to the petition for U–1 nonimmigrant petitioners in the order that the information about a closed case and is status is filed.S. submitting Form I–918. U–4 (parent of a adjudicated by USCIS. To be eligible for be placed on a waiting list and receive consent to waive the restrictions U–2. 8 U. A qualifying family who may be issued a U–1 nonimmigrant (iii) In conjunction with judicial member who committed the qualifying visa or granted U–1 nonimmigrant review of a determination in a manner criminal activity in a family violence or status may not exceed 10. Forms I–918. 1641(c). 72. ICE counsel may agree to file. are not nonimmigrant status or U nonimmigrant granted U–2.000 in any that protects the confidentiality of such trafficking context which established fiscal year. 1997). 8 U. it must be demonstrated that: Priority on the waiting list will be (v) To Federal. while the petition for U Secretary of Commerce under 13 U. bureau. USCIS made in a manner that protects the who has been granted U–1 will grant deferred action or parole to confidentiality of the information and nonimmigrant status may apply for U–1 petitioners and qualifying family omits personally identifying derivative U nonimmigrant status on members while the U–1 petitioners are behalf of qualifying family members by on the waiting list. (ii) The qualifying family member is petition on the waiting list. U–3. or U–5 (unmarried sibling under final orders of removal. or in exclusion or deportation DHS. USCIS. at his discretion. will result. discretion of USCIS. and local public (i) The alien for whom U–2. 4. principal Immigration Appeals. and the deferred action or certain other documents to defendants proof of U–1 nonimmigrant status.’’ for each nonimmigrant numbers for that fiscal congressional oversight authority. U–4..C. U–3. of highest priority. or at a later date must be accompanied by section 212(a)(9)(B) of the INA. or at a later date. principal alien. 8 U. information. at his discretion. No. status who was granted deferred action assisting the victim in obtaining victim Supplement A that are not filed at the or parole is on the waiting list. if exclusion. a joint motion to terminate (i) By the Secretary of Homeland members—(1) Eligibility. to nonprofit. U– determined by the date the petition was and private agencies providing benefits. for a legitimate law enforcement accompanying or following to join such 1184(p)(2). the Department of Justice. a with constitutional obligations to by the principal petitioner or a copy of petitioner may be removed from the provide statements by witnesses and his or her Form I–94 demonstrating waiting list.S. may authorize employment for each family member. Supplement A discretion. Federal Register / Vol. for the exercise of Member of U–1 Recipient. any remaining U–1 Representatives. and who is seeking U agency purposes) of any information admissibility or deportability based on nonimmigrant status. providing the nonimmigrant status has been denied in (2) Filing procedures. due solely to the cap. are member who is in removal proceedings General. (3) Unlawful presence. U–3. in the order (vi) After a petition for U admissible to the United States. (ix) To federal prosecutors to comply a copy of the Form I–918 that was filed 1182(a)(9)(B). or U–5 nonimmigrant written notice of such placement. U–4. whichever is mstockstill on PROD1PC66 with RULES2 information may be disclosed by the alien) may petition for the admission of appropriate. An alien who proceedings without prejudice with the Security. or U–5 granted U–1 nonimmigrant status must status holders have provided written nonimmigrant status. proceedings. accompanied by initial evidence and the members. The use or disclosure (other bound by the confidentiality provisions under section 240 of the Act. (spouse). a qualifying family member in a U–2 nonimmigrant status is being 8. All eligible petitioners (iv) After adult petitioners for U nonimmigrant status shall not be who. at nonimmigrant status is prohibited mental abuse and the criminal activity. in its information (including locational information about individuals).

appropriate fee or a request for a fee CFR 212. as provided in paragraph (f)(4) applicable time and numerical authorized incident to status. USCIS will issue a (iii) Denial of the Form I–918. and filed Form I–918. the Form I–918. VerDate Aug<31>2005 18:24 Sep 14. following initial evidence: removal proceedings. for a visa exempt consular processing. nonimmigrant’s approved period of stay continue to consider such sibling as a (ii) Approvals for qualifying family on Form I–94 is less than 4 years. Document (EAD). or at any time thereafter.S. USCIS will provide status for purposes of adjusting status notice of this decision to the U–1 written notification of the reasons for under section 245(m) of the Act. or U–5 only may be filed after admission to the adjudicated.2 and an Employment Authorization (ii) If the qualifying family member is 1003. The filing of a petition for U–2. deportation. such alien must file inadmissible. U–3. Form I–918. defined in paragraph (a)(13) of this status—(1) In general. 1229) to place the pending execution of the final order. in the United States and available final denial of Form I–918. USCIS will notify concurrently with Form I–918. Supplement A is indicating U–2. U–4. U–3. Supplement A and send CFR 103. Aliens who were United States in U nonimmigrant status. the Form I–765 may be filed 1 principal alien and the qualifying nonimmigrant status. she may file Form I–539. For time during which a stay is in effect will qualifying family member who is qualifying family members who are extend the period of detention (under subject to an order of exclusion. or U–5 nonimmigrant status resources. 918. or U–5 States. seek cancellation of such order by filing. status is necessary to ensure that the (6) Decision.’’ outside the United States. DHS may file a new pursuant to 8 CFR 241. USCIS may under 18 years of age at the time of alien of such approval on Form I–797. The principal alien may U. USCIS’ denial of alien’s removal.C. A individual in proceedings again. For a qualifying family A for a qualifying family member who has no effect on ICE’s authority to member who is subject to an order of was in removal proceedings that were execute a final order. U–3. the petition will result in the stay being (3) Initial evidence. family member must exist at the time the principal of such approval on Form Supplement A. USCIS will forward the approved Form qualifying family member beyond the (5) Biometric capture and evidentiary I–918.S. In accordance with 8 attain at least 3 years in nonimmigrant Form I–918. 8 principal petitioner. as a matter of discretion. U–4. subject to an order of removal. September 17. Employment Authorization. 2007 Jkt 211001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. If the alien is in detention as of the date of USCIS’ approval of INA. The provisions for biometric of State for delivery to the U. Supplement A unless it has principal alien. a motion to reopen and terminate denial becomes administratively final. qualifying family member is able to written decision approving or denying Supplement A. U–3. in a decision approving Form I–918 a appeal the denial of Form I–918.’’ with Form I– For qualifying family members who are relationship must continue to exist at 94. Form I–765 the time Form I–918.S. to Extend/Change Nonimmigrant principal alien is no longer under 21 Supplement A for a qualifying family Status. U nonimmigrant (i) If the U–1 principal alien proves section will be accorded U status may be approved for a period not that he or she has become the parent of nonimmigrant status as of the date that to exceed 4 years in the aggregate. Embassy status expires when the qualifying capture and evidentiary standards in or Consulate having jurisdiction over family member is unable to enter the paragraphs (c)(3) and (c)(4) of this the area in which the qualifying family United States timely due to delays in section also are applicable to petitions member is located. or removal terminated pursuant to 8 CFR may file a request for a stay of removal issued by the Secretary. A a child after Form I–918 was filed. To obtain of this section. Aliens who are granted U–2. and the I–797. Supplement U–3. An (i) Evidence demonstrating the agree. to the appropriate port of entry. Supplement A. and at the time of the nonimmigrant status. must include the Board. and U–5 nonimmigrant status follow to join the U–1 principal alien. Supplement A to the Department date when the U–1 nonimmigrant’s standards. the relationship between the U– alien U–2. or exclusion and whose reasonably necessary to bring about the immigration judge or the Board may order has been stayed. 1255. or U–5 nonimmigrant status will be approved for an initial period (ii) If the principal alien was under 21 are not subject to an annual numerical that does not exceed the expiration date years of age at the time he or she filed limit. or U–5 relationship of a qualifying family such a motion to overcome any nonimmigrant status is employment member. Supplement A for an unmarried sibling approved the principal alien’s Form I– (2) Extension of status. member who is outside the United nonimmigrant status for an aggregate and even if the sibling is no longer States. to join alien granted U–2. 72. it will concurrently grant that family members within the United section. Except as set forth in member who is within the United instructions to the form.’’ in accordance with 8 When USCIS approves a Form I–918. U–4. Form I–918 was filed. and an extension of mstockstill on PROD1PC66 with RULES2 for qualifying family members. limitations of 8 CFR 1003. or removal issued by an deportation.4) deportation. with the immigration judge or the lifted automatically as of the date the Supplement A. he or qualifying family member for purposes members outside the United States.’’ with the Non-Immigrant. deportation. 179 / Monday.17. in accordance with the (4) Relationship.6(a) and 8 CFR be deemed canceled by operation of law Notice to Appear (see section 239 of the 1241. U–4. ‘‘Arrival-Departure Record.’’ to request an extension of U years of age at the time of adjudication.3(a)(1). Form I–192.C. 8 U.SGM 17SER2 . USCIS will notify the principal period not to exceed 4 years. qualifying family member’s subsequent previously granted U interim relief as (g) Duration of U nonimmigrant admission to the United States. the the request for U interim relief was qualifying family member granted U–2. U–3.23. ICE counsel may (7) Employment authorization. USCIS will 918. Upon USCIS’ USCIS. ‘‘Application for for Advance Permission to Enter as a members within the United States.6(a). or exclusion is not precluded from filing list of nongovernmental organizations to Supplement A to the Administrative a petition for U–2. although the alien exclusion. No. or. USCIS may not approve Form I– of the initial period approved for the Form I–918. child shall be eligible to accompany or approved. U–4. 53040 Federal Register / Vol. or U–5 which the qualifying family member can Appeals Office in accordance with the nonimmigrant status directly with refer regarding his or her options while provisions of 8 CFR 103. (i) Where a U under the age of 18. U–4. U–3. ‘‘Application of U nonimmigrant status even if the When USCIS approves Form I–918.3.14(f)(2)(i). ‘‘Application (i) Approvals for qualifying family Form I–765. the order will 214. Supplement A for a qualifying family waiver. U–4. 2007 / Rules and Regulations of a final order of removal. USCIS will include the denial. ‘‘Notice of Action. the standards of 8 CFR 241. approve an extension of status for a adjudication. alien. For qualifying paragraphs (f)(4)(i) and (ii) of this States.

3 § 214. 8 U. The determination classification other than that of a spouse statutory or regulatory reference cited. 72. Supplement A will result categories of aliens are not eligible to Automatic revocation. 1101(a)(15)(C). of nonimmigrant status for the notifies the USCIS office that approved categories of aliens described in the petition that he or she will not apply (i) Removal proceedings. 1101(a)(15)(K). Nothing in this section prohibits USCIS from paragraphs (a)(1) through (6) of this for admission to the United States and. Pursuant to the nonimmigrant status. of an approved Form I–918 or Form I– 918. who is continuing to maintain his or her § 274a. ■ d. ■ a.S. 8 U. Section 248. U–4. applying for a change of nonimmigrant (2) Revocation on notice. Supplement A as follows: newly executed Form I–918. filed for qualifying family members Supplement B in accordance with the seeking U–2. for PART 274a—CONTROL OF nonimmigrant status based on one or misrepresentations of material facts in EMPLOYMENT OF ALIENS more of the following reasons: Form I–918 or Form I–918. Section 274a. or revising paragraph (a) to read as follows: paragraph (a)(16) and inserting a U–5 nonimmigrant. U–3.C. (3) Appeal of a revocation of nonimmigrant status in the United and who seeks to be employed in the approval. 8 CFR part 2.S. Supplement A also revokes any * * * * * pursuant to 8 CFR 214. Except for those classes (a)(17) and (18). An alien their admission or subsequent change to mstockstill on PROD1PC66 with RULES2 status. 2007 / Rules and Regulations 53041 (ii) Extensions of U nonimmigrant appealed to the Administrative Appeals forth respectively in § 214. NONIMMIGRANT CLASSIFICATION ■ 13. of intent to revoke. U–3. who is within a class of aliens described explains the specific reasons for the 1101(a)(15)(V) or 8 U. text.C.1 Eligibility. 1229(a). Revising paragraph (a) introductory ■ 9. 1103. 1258: will be revoked automatically if. 8 U. the relationship to Authority: 8 U. (i) USCIS for conduct committed after admission. evidence presented in deciding whether his or her nonimmigrant classification (a) Aliens authorized employment to revoke the approved petition for U changed to any nonimmigrant incident to status.S. § 248. 8 U. or one of the indicated classes. U–4. Adding new paragraphs (a)(19) and statement of the grounds for the lawfully admitted to the United States (20). 8 U. any alien ■ e. the paragraph.SGM 17SER2 . or as an alien in States without restrictions as to location If USCIS revokes approval of a petition transit under section 101(a)(15)(C) of the or type of employment as a condition of and thereby terminates U nonimmigrant Act. Adding and reserving paragraphs (ii) The notice of intent to revoke (a) General.S. 1101. Amending paragraph (a)(14) by U–5 nonimmigrant. ■ b. Removing the period at the end of (E) In the case of a U–2. 8 U.S. or ■ 12. 1184.S. including an alien The revision and additions read as for the U nonimmigrant’s rebuttal. Adding a new paragraph (b) to read the alien must file Form I–539 and a pending Form I–918. (D) In the case of a U–2. must apply to U. to be necessary to assist in the (4) Effects of revocation of approval. The who acquired such status pursuant to follows: alien may submit evidence in rebuttal section 247 of the Act. 1101. or U–5 § 248. the (b) The prohibition against a change beneficiary of the approved petition waiver of inadmissibility granted in conjunction with such petition. or 248 continues to read as follows: ■ b.S. and by status based upon such an attestation. In order to approved Form I–918 will result in as paragraphs (a) introductory text obtain an extension of U nonimmigrant termination of status for the principal through (a)(6). nonimmigrant status.C. Revising the introductory text. September 17. Redesignating the revised investigation or prosecution of Revocation of a principal alien’s introductory text through paragraph (f) qualifying criminal activity.2 Ineligibile Classes. of what is relevant evidence and the or fianc(e).15(f) or status beyond the 4-year period are Office in accordance with 8 CFR 103.14(c)(2)(i) or status.12 is amended by: (C) Where there was fraud in the ■ a. instituting removal proceedings under section 240 of the Act. the following for U nonimmigrant status—(1) Form I–918. removing the word ‘‘or’’ at the end of the principal petitioner has terminated. An approved in termination of status for the change their nonimmigrant status under petition for U–1 nonimmigrant status qualifying family member. 1257. nonimmigrant status following a notice disclosed to USCIS prior to the granting 1101(a)(15)(U). 1258.S. Any alien with a written notice of revocation that 101(a)(15)(U) of the Act.C.S. CFR part 2. 179 / Monday.14 of this chapter.14(d)(1). (B) Approval of the petition was in PART 248—CHANGE OF error. may be accorded (a)(10)–(a)(15). 8 U. Authority: 8 U. Section 248. may apply to have accept employment. The authority citation for section petition. or the child of such alien. VerDate Aug<31>2005 18:24 Sep 14. USCIS may revoke an approved petition for U of U nonimmigrant status. U–4.S. U–3. the following classes of aliens are weight to be given to that evidence will under section 101(a)(15)(K) of the Act.C. Automatic ■ 11. within 30 days of the date of the notice. Revocation section 248 of the Act.C.2 is amended by: presence in the United States continues revocations may not be appealed.C.2. The authority citation for section the U nonimmigrant status certification after revocation of U nonimmigrant 274a continues to read as follows: referred to in 8 CFR 214.1 is amended by ■ c. available upon attestation by the within 30 days after the date of the * * * * * certifying official that the alien’s notice of revocation. Federal Register / Vol. No. 2007 Jkt 211001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2. and by must be in writing and contain a enumerated in § 248.C. alien.12 Classes of aliens authorized to USCIS shall consider all relevant nonimmigrant status. in paragraphs (a)(3). 1103. Supplement (A) The certifying official withdraws A and supporting documentation. (a)(6)–(a)(8). (a)(4). 1101(a)(15)(U). instructions to Form I–539.C. revocation and the time period allowed as a nonimmigrant. revocation. USCIS will provide the alien defined by section 101(a)(15)(V). Revocation of a (a) Except as described in paragraph (h) Revocation of approved petitions qualifying family member’s approved (b) of this section.S. authorized to be employed in the United be within the sole discretion of USCIS. 1324a.C. 8 disavows the contents in writing. nonimmigrant status is revoked. as well as in the denial of any ■ c. A revocation on notice may be States by following the procedures set United States. the petition will not be used. status to that of a nonimmigrant under may revoke an approved petition for U for conduct or a condition that was not section 101(a)(15)(U) of the Act. or (a)(20) of this section. section is inapplicable to aliens therefore. the principal U–1’s semicolon in its place. or ■ 10.

..... 8:45 am] BILLING CODE 4410–10–P mstockstill on PROD1PC66 with RULES2 VerDate Aug<31>2005 18:24 Sep 14................ USCIS to the alien............. as (a) General. Secretary.... 918 Supplement B’’ in the proper alpha/ authorization document issued by (a)(4).........1 is amended in the status........ or Employment Authorization (Form I– § 299.. 2007 / Rules and Regulations Citizenship and Immigration Services CFR 214.. 1615–0104 I–918 Supplement B ............... * * * * * 918........... 72. [FR Doc.. and (a)(20) numeric sequence......... ■ 16..... table by adding the entries for Forms ‘‘I– numeric sequence................................ pursuant to 8 * * * * * Edition Form No... Title date * * * * * * * I–918 .... employment authorization....... I–918 Supplement A .... No...5 is amended in the 918 Supplement B’’ in the proper alpha/ § 299...... 1615–0104 I–918 Supplement A ...... 1615–0104 * * * * * * * Dated: September 4... U–4.......... * * * * * * * I–918 ........ I–918 Supplement B ................. Section 299..... for the table by adding the entries for Forms ‘‘I– period of time in that status..SGM 17SER2 ................. determine the validity issued by USCIS to the alien.......... 2007..... pursuant to 8 CFR 214.... 8 (18) [Reserved] CFR part 2........ Petition for Qualifying Family Member of U–1 Recipient ..14.... (a)(6)–(8).......... Petition for U Nonimmigrant Status ........ U–5 nonimmigrant status.... September 17.........C...5 Display of control numbers..................14.... (a)(10)–(15)......S..... Michael Chertoff.. The authority citation for part 299 * * * * * revising paragraph (a) introductory text continues to read as follows: (17) [Reserved] to read as follows: Authority: 8 U...... Aliens authorized to be 918.. Form title OMB control No......... must file an Application for (20) Any alien in U–2.......... Section 299. ■ 14... U Nonimmigrant Status Certification .. § 274a........ U–3..... 8/15/07 Petition for U Nonimmigrant Status................................’’ and ‘‘I– Currently assigned Form No.... E7–17807 Filed 9–14–07.......... 179 / Monday..... USCIS may.. employment authorization document * * * * * in its discretion......’’ and ‘‘I– evidenced by an employment employed under section 274a..... period assigned to any document issued * * * * * PART 299—IMMIGRATION FORMS evidencing an alien’s authorization to work in the United States.. 8/15/07 Petition for Qualifying Family Member of U–1 Recipient..............13 Application for employment (19) Any alien in U–1 nonimmigrant authorization....... 1103. 53042 Federal Register / Vol.......1 Prescribed forms.. as evidenced by an evidencing this fact.....13 is amended by ■ 15..... Section 274a.......’’ ‘‘I–918 Supplement A............................. for the period of time in 765) in order to obtain documentation (USCIS) for a document evidencing such that status.. 1101 and note.......... 8/15/07 U Nonimmigrant Status Certification....’’ ‘‘I–918 Supplement A............. 2007 Jkt 211001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\17SER2.....12(a)(3). * * * * * * * ■ 17............