Forms are an essential part of immigration law. Rather than filing complaints or motions, the main way we help obtain immigration relief is filing forms requesting visas or other types of immigration relief. Carefully reading both the forms and the instructions, available for free on the USCIS website, is the best way to get started. This guide focuses on how to get waivers for grounds of inadmissibility in relation to applications for T-visas, U-visas, and S-visas. Discussion of VAWA self-petitioners and adjustment of status are beyond the scope of this guide, however many of the principles discussed in this guide would be applicable in the context of a VAWA self-petitioner or application for adjusted status as well.
Some forms, such as the I-914 and I-918, are free. However, many forms require fees and those fees may be several hundred dollars. In many cases, it is possible to request a Fee Waiver using form I-912 Request for Fee Waiver. Additionally, Form I-912P, Poverty Guidelines for Fee Waiver Requests, is also useful because it provides a chart showing the poverty guidelines the government uses to make determinations in requests for fee waivers. Each form's instructions provide information on any fees that may be required, but it is always a good idea to find out if a fee waiver is possible before filing any forms because requests for fee waivers must be filed concurrently with the applications or forms requiring fees.
In some cases, once a visa has been granted an individual will be able to petition to extend his or her stay or adjust his or her status. For VAWA self-petitioners, the applicable form are the I-539 and I-539 Supplement A For Persons Seeking V non-immigrant status while in the United States. For other non-immigrants seeking to adjust status to remain in the U.S. for a longer period of time, the I-485 Application to Register Permanent Residence or Adjust Status (and possibly one or more of its many supplements) are the applicable forms. However, more detailed discussion of adjustment of status is beyond the scope of this guide.
The basic form to apply for a T-visa is the I-914 Application for T-non-immigrant status. In addition to the basic form and instructions, I-914 Supplement A, Application for Immediate Family Member of T-1 Recipient may be filed on behalf of certain qualified family members who might not be in the U.S. to allow them to come here as derivative applications. Also, the I-914 Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons and its instructions provide useful information about what elements and evidence law enforcement agents will need in order to file this form. Supplement B certification can only be filed by a qualified law enforcement agent, not by lawyers. While Supplement B certification is not required for a T-visa, it is very helpful because it provides credible evidence that law enforcement is investigating a crime involving trafficking in persons and believes the applicant is helpful or likely to be helpful which supports essential elements of the T-visa.
Victims of trafficking in persons or other qualified crimes may file the I-918 Petition for U Non-immigrant Status to request a U-visa. Like the T-visa, the U-visa has an I-918 Supplement A form for family members to request visas as derivatives, and an I-918 Supplement B form for law enforcement to use in requesting certification. However, unlike the T-visa, the U-visa requires certification by law enforcement that the applicant is helpful or likely to be helpful in an investigation of a crime as an essential element that must be met. The instructions to Form I-918 provide a list of all qualified crimes, including but not limited to human trafficking, but any crimes not on this list will not support a U-visa application. Also, unlike a T-visa, the applicant for a U-visa does not need to be in the U.S. currently, may apply from abroad, and does not need to prove continuous physical presence in the U.S. The U-visa is most likely to be appropriate for individuals who are victims of other crimes related to or similar to trafficking in persons and who are either not victims of trafficking in persons or would have difficulty proving this, or for individuals who are no longer in the U.S. and are ineligible for a T-visa due to lack of continuous physical presence. When a recipient of a U-visa becomes a permanent resident or files an application to adjust status, family members who were not derivatives of the original U-visa application may petition to obtain a visa with form I-925 Petition for Qualifying Family Member of U-Non-immigrant.
Sometimes, an individual who is outside the U.S. may be helpful in a criminal investigation. Law enforcement agencies may file the I-854 Inter-Agency Alien Witness and Informant Record required as part of the process for obtaining an S-visa. This form is like a Supplement B certification in that law enforcement agencies are declaring that they need an alien witness to be present in the U.S. Significantly, the S-visa includes any witness of a serious crime, which does not necessarily require that the witness be a victim. Also, the S-visa includes other crimes not listed in the U-visa, however it must be a serious crime. Like the U-visa, the applicant for an S-visa need not be present in the U.S. at the time of filing. Usually, an applicant will request humanitarian parole as part of this process allowing the individual to be present in the U.S. for 30 days while he or she requests an S-visa based on a law enforcement agency's filing of the I-854. However, a more detailed discussion of Humanitarian Parole is beyond the scope of this guide.
The form most likely to be applicable is the I-601 Waiver of Grounds of Inadmissibility. The I-601A Application for Provisional Unlawful Presence Waiver may also be useful. For individuals seeking to adjust status and who are inadmissible under §§ 245A or 210 of the Immigration and Nationality Act, form I-690 Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the Immigration and Nationality Act is applicable. However, this guide does not list all forms that could possibly be applicable in every conceivable situation since that would require reproducing the USCIS website. Therefore, other forms not listed here may be applicable in individual cases and it is always a good idea to become familiar with the list of all forms available on the USCIS website.
Depending on specific details of individual cases, other applicable forms might be required by other agencies such as Department of Labor, Department of State, and Department of Justice. Situations involving other agencies' forms are beyond the scope of this guide, but it is important to remember that there are situations where other agencies are involved in obtaining immigration relief and these agencies may have their own forms. However, such forms are usually available for free and easily accessible on the particular agency's website.
While this guide focuses on T-visas, U-visas, and S-visas, there may be other options for some individuals. Other forms of immigration relief include Humanitarian Parole, Refugee Status, Temporary Protected Status, VAWA Self-petitioners, stay of Removal proceedings, Deferred Action, etc. Many applicable forms for these other types of immigration relief are available on the USCIS website, however other agencies such as the Department of State may also have applicable forms. For more information on sources and research guides discussing these other options for immigration relief, see the Related Information tab.
