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U Nonimmigrant Visa Application by Alexa Rodriguez: Administrative Law

Administrative Law

Immigration administrative regulation generally come from:

  • the Department of Homeland Security (DHS),
  • the Executive Office for Immigration Review (EOIR),
  • the Department of Justice,
  • the Department of Labor, and the Department of State
  • and USCIS

Memorandum(s)/ Agency Decisions

1.  USCIS Policy Memorandum: Age-Out Protections for Derivative U Nonimmigrant Status Holders: Petitions, Initial Approvals and Extensions of Status (December 12, 2012)

This policy memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant petitions that are being held for final adjudication or have had their prior approvals limited in time due to the derivative aging-out. This PM also authorizes the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing the U-3 derivative to remain in U nonimmigrant status past his or her 21st birthday, if necessary. This PM updates the Adjudicator’s Field Manual (AFM) by adding Chapter 39.1(f)(4)(v-viii); AFM Update AD11-41.
 
Memo regarding changes in U Visa eligibility requirements, adjustment of status, and assistance in investigations or prosecutions.
Memorandum to OPLA Attorneys, dated 9/25/2009, regarding U Visa applicants with final orders or who are in proceedings.
 
This memo serves to make clarifications in the interim relief period for those seeking the U visa, and notes that there is no deadline for filing the Petition for U Nonimmigrant Status (Form I-192).
This Policy Memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related applications for adjustment of status. 3/2011

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