ASISTA Virtual CLE Conference
December 13-14, 2023
Proceeding in Proceedings: Legal and Practical
Strategies for Survivor-Based Removal Defense
Session 3: DHS Panel: Updates in DHS Policy and Practice
This document contains ASISTA’s notes from our Q&A with USCIS representatives during our
virtual conference on December 13, 2023. ASISTA’s notes have not been reviewed by USCIS
and all content is paraphrased. The responses from USCIS are for purposes of public outreach
for stakeholders. They do not create a right or benefit and are not legal advice.
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Note: USCIS highlighted a few questions and responses from their engagement with the AILA
VAWA, U, T Committee on November 16, 2023. USCIS posted their notes from that
engagement on their website, accessible here.
Superseded Policies
1. Question: What is the most reliable way for the public to tell whether a particular piece
of policy guidance or agency memorandum has been rescinded or superseded? If it
doesn’t already, will USCIS consider adding a watermark or other indication to all
rescinded or superseded content on your website, or otherwise creating a tool to verify
validity, in addition to stating clearly in the new policy or memorandum what prior
documents are being superseded?
Response: If a USCIS memo is fully superseded by Policy Manual content, we archive
the memo and the link on the website that used to house the memo will redirect you to
the Policy Manual for current guidance. The memo that is removed will have a stamp on
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This material has been prepared to provide you with information only and it is not intended to be legal
advice. Please remember that you are still responsible for researching the issues pertaining to your case.
ASISTA members can make an appointment for technical assistance on case-related matters at
http://www.asistahelp.org/en/technical_assistance/.
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it, indicating that it is superseded by Policy Manual content. Then the memo is provided
to the USCIS History Office and Library to put the notice in their library catalog, which is
searchable.
If a USCIS memo is partially superseded, it will remain on the USCIS website, but have
a red banner on it saying it has been partially superseded by Policy Manual guidance.
The long-term goal is to fold all of our immigration-related memos and all Adjudicator’s
Field Manual content into the Policy Manual and to create a consistent way to mark
items as superseded. If you notice something on the USCIS website or content that
appears outdated or is not marked in a clear way, please bring it to our attention so
information is as consistent and accurate as we can make it.
ASISTA Note: Feedback on the USCIS Policy Manual can be submitted to their inbox:
General feedback and suggestions can be submitted to the Public Engagement Division
inbox: [email protected].
a. Follow-Up Question: Is everything in that History Office and Library “archived”
and therefore at least partially superseded?
Response: If it is fully superseded, it is archived and goes to the library catalog.
You can still find partially superseded memos on the USCIS website that aren't
behind that archive wall. The Library can find things that Google cannot or that
are nowhere on USCIS.gov. If it is nowhere else on USCIS.gov, then that tells
you that it is fully superseded.
But again, if you see something that is wonky, or there isn’t clarity, then ask and
USCIS can find out.
USCIS NTA Policy
2. Question: Is USCIS developing new guidelines for the issuance of NTAs?
Response: Yes, we are developing new NTA Policy Manual guidance, which is
consistent with the DHS guidance and we are hoping to publish as soon as possible.
3. Question: Is USCIS currently issuing NTAs following the denial of survivor-based relief
(U/T/VAWA/SIJS)? To what degree do the ICE Victim-Centered approach and Mayorkas
memo play a role in USCIS decisions to issue NTAs?
Response: Our upcoming NTA Policy Memo content will better address this question
because it discusses USCIS’s exercise of prosecutorial discretion, but USCIS is not
currently issuing NTAs to noncitizens following an adverse decision on a survivor-based
benefit.
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4. Question: Do principals and derivatives receive the same survivor-based discretion
generally, and forbearance of NTA issuance?
Response: As just noted, USCIS is not currently issuing NTAs to principals or
derivatives upon adverse decision of any survivor-based benefit request.
Handling & Transfer of A-Files
5. As additional digitization of files is underway (both with the EROP and at USCIS),
practitioners have expressed curiosity about how A-files are handled, viewed, or
transferred between DHS components.
Could you please share the most important things a survivor and their representative
need to know about A-files in the following scenarios:
a. Question: First, what is the status of USCIS file digitization, especially for
survivor-based files?
Response: Digitization is underway for survivor-based filings, particularly for
I-918 and I-914, and is in early development stages. We have begun scanning
both workloads to make it more efficient to adjudicate the forms. Any processes
that are developed will be developed under the guidelines of 8 USC 1367 to
ensure protection of survivor information. We really want to stress this, since we
know it is often a concern. All procedures for electronic digital processing for
survivor-based benefits are done with 8 USC 1367 in mind. It takes longer to
develop processes because of these protections. We want to make sure that the
information will not be inadvertently disclosed and that we meet all those
requirements.
b. Question: For survivors with multiple applications pending at different filing
locations (i.e., I-539 to extend status at VSC; U-AOS/EAD at NSC; Labor DA at
Montclair), are adjudicators of each application able to view the entire A file or
does the file need to be transferred to each office for decision? Is it ever helpful
for the survivor to submit items in support of one application that they already
submitted in another, or that were received directly from USCIS (such as a
receipt)?
Response: Generally, officers need the entire A-file to review prior to making an
adjudication decision on that filing. And we require that so that the adjudicator
has access to all info that may be applicable to that filing. When filing any
application or petition, it’s recommended that survivors submit all documentation
required for that particular filing. The filing instructions are the first and best place
to start to determine which documentation they need to submit with each filing. It
is not required, but may be helpful, for survivors to submit receipt notices,
particularly if they are submitting a filing in support of another one. For example,
if an I-918 is already filed and they’re now submitting an I-765 after the fact as a
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standalone filing. In those instances, it would be helpful to include the receipt
number for the I-918 to make it easier for the Service Center to match up the
filings.
i. Follow-Up Question: Where an I-539 for a U nonimmigrant is filed with
VSC and the I-485 is filed with NSC, the U nonimmigrant won’t yet have a
receipt notice for the I-539 to include with the I-485 filing. Are the Service
Centers aware of this, to avoid rejections?
Response: Yes, the Service Centers are aware of that. They do an
A-number search as part of the intake process. So, even if an I-797
receipt notice isn’t included with the subsequent filing, we’re able to find
that person’s records in our databases so we can match the filings up. So,
the best case scenario is if they can submit the receipt notice, but if it’s
not there, we have the information available in the filing queue to be able
to match it up.
6. Question: We are going to ask more questions about how Respondents in
proceedings can obtain expedited processing of their USCIS survivor-based
applications in a moment. For now, does a request to expedite the USCIS adjudication
affect who has access to the information in the A-file in other DHS components?
Response: This is a really great question. We do work collaboratively with other
components, particularly ICE, if they are involved in the filing in any way. Generally,
when an expedite request is made for someone in removal proceedings, but the
individual is not detained or does not have a final order of removal, the expedite process
can be made through our USCIS.gov website, which details all all the criteria for an
expedite request in these instances.
Access to the individual’s A-file is limited to USCIS employees with specific training in 8
USC 1367 protections. We really do limit access to these filings to people trained in how
to handle these protected filings. The filings are treated in such a manner that the
information contained within them is not handled by a whole range of people.
7. Question: If a survivor with a pending U, T, or VAWA I-360 application requests
assistance from the Ombudsman, does this delay adjudication because the
Ombudsman needs to request the A-file? Does the answer depend on whether the file is
digital or only exists on paper?
Response: Generally, for USCIS Ombudsman inquiries, we are able to resolve them
without even moving the A-file, whether it’s a paper A-file or it’s electronic. Again, we
have specially trained employees who work inquiries for survivor-based benefits to follow
specific procedures so they can answer these inquiries without moving the file around.
8. Question: Sometimes a removal case is terminated after the Respondent files an
application like a VAWA I-485 with the IJ, and the jurisdiction over that application then
transfers to USCIS. What happens, logistically, to get the application transferred to
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USCIS for adjudication? What are things that Respondents can do to speed things up
or what might they inadvertently be doing that slows things down?
Response: If EOIR terminates removal proceedings so that USCIS can adjudicate the
I-485, ICE counsel should forward the A-file to the appropriate USCIS office for
adjudication of the adjustment application.
You may also call the USCIS Contact Center to request a transfer to the appropriate
office of that Form I-485 that was filed with EOIR, so we can complete the application.
Once we’ve received a request, our Contact Center staff will verify that the removal
proceedings are terminated and then we’ll refer the request to the office with jurisdiction.
We may also send the applicant an RFE to obtain a copy of the Form I-485 and of other
supporting documents, if these documents are not in the A-file.
a. Follow-Up Question: Is calling the USCIS Contact Center for this purpose an
option for survivor-based cases?
Response: Yes, that is an option for them.
FOIA Requests
9. Question: Some practitioners believe that filing FOIA requests slows down processing,
because they believe the FOIA processors have the only copy of the A-file and
adjudicators cannot access it while a FOIA is being processed. Is this correct? Can you
please share some background logistical information about how individual FOIA
requests for case materials are currently processed, especially given the steady move
toward further digitizing of information?
Response: Per statutory requirements, routine and expedite FOIA requests must be
completed within 20 business days. The A-files are required by the FOIA office to obtain
documents to satisfy the request, but that 20-day timeframe includes requesting the file,
obtaining the documentation necessary, and processing the request. Additionally, for the
past few years, USCIS has been devoting significant resources to addressing our FOIA
queue. As a result, we consistently meet these timeframes for the vast majority of FOIA
requests. So, keeping in mind that 20-day timeframe, a USCIS FOIA request really has
minimal impact on overall processing times for filings.
Additional Data: USCIS has responded to about 90% of all cases in the A-file FOIA
requests backlog, which includes VAWA, T, U cases. Between October 15th and
December 15th, we are on track to receive more than 114,000 A-file requests. USCIS is
about 99.3% compliant with the statutory time requirement. Since January 2022, an
additional 83 positions were hired to support the FOIA program. Technology
improvements are also in place to help reduce the backlog.
a. Follow-Up Question: Is this 20-day timeframe changed if the request is for the
full A-file versus specific documents in the file?
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Response: No, even if the request is for certain documents out of the A-file, they
will generally request the full A-file to get those documents, rather than
separating out important documents, since we don’t want to risk information in
the file being separated if it’s necessary for adjudication or for other purposes.
10. Question: If a survivor-based application is pending, when would a FOIA slow things
down and when would it not? Are certain types of FOIA requests less likely to slow
things down?
Response: It doesn’t matter what kind of FOIA request it is, whether it’s routine or
expedited, they all have to be completed within that 20-day timeframe. So the fact that
it’s a survivor based benefit has no impact on that timeframe – they are subject to the
same 20-day time period as the other requests.
Expedite Requests
11. Question: When a noncitizen in proceedings applies for survivor-based relief, it is
sometimes necessary to request USCIS adjudication be expedited to meet the IJ’s
timeline or inform ICE’s decision-making on prosecutorial discretion and detention.
USCIS’s general expedite policy states that for noncitizens in removal proceedings,
expedite decisions are made in coordination between ICE and USCIS. The policy
manual further states that when ICE notifies USCIS of an application or petition pending
for a person in removal proceedings, USCIS attempts to issue a decision within 30
calendar days of receiving the file if the person is detained, or 45 days if the person is
not detained, or in either case before the next scheduled removal hearing if possible.
What is the current timeframe in which files are made available to USCIS for expedite
decisions?
Response: USCIS’s general expedite policy states that, for noncitizens in removal
proceedings, expedite decisions are made in coordination with ICE and USCIS. Our
Policy Manual further states that, when ICE notifies USCIS of an application or petition
pending for a person in removal, we would attempt to issue a decision in 30 calendar
days within receiving the file if the person is detained or 45 days if they’re not detained.
In either case, we attempt to issue a decision before the next hearing, if possible.
Once we receive a request to expedite, files are located and requested within a matter of
days. Several factors can affect the immediate availability of a file. For example, the
A-file may be with ICE (if requested for review) or at an off-site storage facility. We want
to note that this policy only applies to ICE requests, when someone is detained or has a
final order of removal.
12. Question: Are there any typical reasons why USCIS may not be able to complete an
adjudication within the 30-/45-day timeframe for ICE-made expedite requests?
Response: The timeframe really depends on a number of factors. As we mentioned
about availability of the A-file, also submission of documentation required to establish
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eligibility for that benefit, and other complexities in the case. For example, in cases with
an RFE or NOID, waiting for those responses extends the adjudication timeframe.
13. Question: The Policy Manual states that USCIS may not be able to complete an
expedited adjudication that compromises its responsibility or adherence to any law,
regulation, policy or procedure. Can you share an example of when this might be the
case?
Response: USCIS may not be able to complete adjudication in instances where we
determine that a DHS investigation has been initiated and may impact eligibility for a
requested benefit or the exercise of discretion. Adjudication may also be withheld if
disclosure of information to applicant or petitioner may prejudice an ongoing
investigation. That is just one example.
14. Question: For non-detained survivors in removal proceedings, does USCIS follow the
same coordinated expedite policy? If not, what policy is used?
Response: For non detained survivors, USCIS reviews expedited requests for
applications and petitions on an individual basis that is found in the guidance on our
website. We evaluate each request for expedited processing individually, based on
specific circumstances of each case. Requests for individuals not in custody or who don’t
have a final order of removal have to be submitted by their attorney, accredited
representative, or by the applicant or petitioner themselves.
15. Question: Outside of the coordinated expedite request process, can a Respondent
(detained or non-detained) request expedited processing by citing to the Policy Manual’s
general criteria for expedite requests, such as severe financial loss or urgent
humanitarian reason? If so, is being in removal proceedings considered an urgent
humanitarian reason?
Response: Expedite requests can be made by a Respondent or their representation by
following these guidelines. Each request is evaluated individually based on the specific
circumstances in those cases.
16. Question: Does USCIS ever decline to expedite an adjudication requested by OPLA?
If so, in what circumstances?
Response: Generally, no, we would not decline a request to expedite when made by
OPLA.
17. Question: When an expedite request is made, and the respondent wishes to
supplement the pending U-visa, T-visa, or VAWA I-360 application before a decision is
issued, can you please share how and when a survivor should submit the
supplementary items to ensure they are considered?
Response: Supplemental evidence can be submitted at any time before a decision is
made. We recommend submitting supplemental documentation via USPS. If you submit
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supplemental evidence in response to an RFE, please follow the submission instructions
on the RFE cover sheet. If you submit supplemental evidence outside of an RFE
response, include a copy of the underlying receipt notice and a letter that identifies the
evidence as additional documentation that should be included in the individual’s filing.
You should also include the applicant’s or petitioner’s A-number, full name, and date of
birth in your cover letter. We do not generally send a confirmation letter to the applicant
or petitioner or representation when we receive supplemental information. You may
choose to send an email to the hotline account, notifying us that you submitted that
material. That just gives us a heads up that the information is coming.
Updating Pending Filings
18. Question: Because of backlogs in the immigration courts as well as with survivor-based
applications, cases pend a long time and may require factual updates. For instance, it
may be necessary to update a form regarding whether an applicant is in removal
proceedings or received a final order. How does USCIS prefer to receive updates to
information collected on forms, especially for paper-filed forms? What if the form
edition has changed since submission? Is a new signature needed in every case?
Response: If you are submitting amended information for a filing, like we stated with a
prior question, the best way to do that is through USPS. Once an application or petition
is accepted and receipted, you are not required to update the form edition. We will work
on the edition that you submitted because it was valid at that time.
You may send a cover letter outlining requested changes to your filing, particularly if
you're changing some sort of information, like they’ve received a final order, or any
general information on the filing. Include a copy of the underlying receipt notice, as well
as an amended version of the page. As an additional measure, you can notify us that
you are submitting this amended information and you may send a scanned copy of the
amended page to the hotline.
In addition, we don’t require an original signature. That update was made during COVID
to make filing easier for applicants and petitioners. That guidance was adopted as
permanent maybe a year ago.
a. Follow-Up Question: Understanding the policy change relating to original
signatures, is any signature at all required for amendments to a form?
Response: You can initial them or sign them and put the date on it if you wish,
but it's not required. As long as we have a letter detailing what that change is,
and identifying information is included in that letter, it will get matched up with
your original filing.
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19. Question: In the 4th, 7th, and 11th Circuits, IJs have been held to have the authority to
grant inadmissibility waivers to U applicants under INA § 212(d)(3). How, if at all, should
representatives advise USCIS of a favorable waiver decision?
Response: Again, if you wish to submit supplemental evidence, such as notice of a
favorable waiver decision, include a copy of the underlying receipt notice and a letter
that identifies the evidence as additional documentation to be included in the applicant’s
or petitioner’s A-file. You should also include their A-number, full name, and DOB in the
letter, as we’ve stated before.
And, just to reiterate, we don’t generally send a confirmation letter to the application or
petitioner or to their attorney when we receive that information. If you want to confirm
that we have received it, you could email the hotline account and you could also email
the hotline account to let us know that you’re sending that information in, so we know to
expect it.
Calls for Examples
20. Question: When ASISTA circulates a call for examples in response to a DHS request
or to advocate for a policy change or clarification, why does USCIS find it helpful to have
specific client information, like A number, date of birth, receipt number, etc.? What can
you share about how it is used and the practical steps taken to protect the information
that might reassure someone who is hesitant to share an example because they are
concerned about retaliation for having lodged a complaint, or extended delay in
adjudication?
Response: That information is used to identify and resolve the problem presented. For
example, this summer, ASISTA brought a number of cases to our attention that had
incorrect filing dates on their BFD notices. Based on those cases, we identified the
source of the error. That is something that is helpful to us, in order to identify and resolve
the problem.
We will say, as emphatically as we can, that we adhere to the statutory obligations at 8
USC 1367 when reviewing any information received in response to a call for examples to
identify a systemic issue.
Deferred Action
21. Question: Survivors are often granted deferred action, such as upon approval of a
VAWA I-360 or a U-visa bona fide determination. What is the best way to renew deferred
action for an approved VAWA I-360, especially if the applicant wishes to receive
evidence of deferred action apart from the (c)(14) EAD?
Response: In addition to requesting a (c)(14) designation on an I-765, a self-petitioner
can send USCIS a written request to renew the deferred action. Provided they are not in
removal proceedings at the time of the request, deferred action can be granted for a
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period of one year minus one day. In those cases, USCIS will send a separate notice
indicating receipt of deferred action if it’s approved. That validity can correspond with any
approved (c)(14) EAD.
22. Question: Does USCIS deem its grant of deferred action to a VAWA or U BFD recipient
as automatically terminated when a person is placed into removal proceedings? If not, at
what stage of removal proceedings, if any, might the deferred action be terminated by
USCIS?
Response: USCIS does not generally terminate deferred action for approved VAWA
self-petitioners or U BFD recipients without notice. Generally, for U petitioners granted
BFD, USCIS will not terminate deferred action unless adverse information pertaining to a
national security or public safety risk is identified. In those cases, deferred action could
be revoked with notice.
We might also revoke a BFD EAD and terminate deferred action if, for example, we
determine that it’s appropriate, after receiving a request to withdraw a Form I-918B from
a certifying agency. USCIS will look at the request and evaluate whether to terminate:
the request to withdraw the I-918B does not result in automatic termination of deferred
action. If deferred action is terminated at the BFD stage, USCIS will initiate waitlist
adjudication, evaluating inadmissibility and possible placement on the waitlist.
23. Question: If USCIS declines to issue a BFD, what is the timeframe for the case to be
considered for and receive a decision on waitlist placement?
Response: If a person is determined not to qualify for BFD, the case will be placed back
into the workflow for consideration for the waiting list. The adjudication timeframe
depends on a lot – for example, filing date order, complexity of the case, and
adjudicative resources.
24. Question: Practitioners have reported that VSC frequently does not issue Deferred
Action to approved self-petitioners who are in removal proceedings or who have an
outstanding removal order. What is USCIS’s current policy regarding the issuance of
Deferred Action to these individuals, and why?
Response: Under current policy, deferred action is not considered or assessed for a
VAWA self-petitioner if they are currently in removal proceedings. If proceedings have
been terminated, then the self-petitioner may notify USCIS in the manner outlined above,
meaning submit the information about termination through postal mail. Send us a letter
letting us know what the documentation is. A copy of the final order of the immigration
judge, and a request for deferred action should also be submitted. And please note that
an approved VAWA self-petitioner may receive work authorization based upon the
(c)(31) EAD category, even if they’re in removal proceedings.
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Case Adjudications
25. Question: When a principal applicant for survivor relief is granted reopening of their
application after a denial, must derivatives affirmatively seek reopening as well, or
does USCIS have a policy to reopen all derivative applications sua sponte?
Response: When a principal applicant’s or petitioner’s filing is reopened after denial,
derivatives are not required to affirmatively seek reopening of their application or petition.
It is USCIS’s normal procedure to automatically reopen any associated derivative filings,
if the initial decision for the principal applicant is reconsidered and approved following
reopening. If the principal applicant’s filing is reconsidered but still denied, then the
derivative’s filings will not be reopened. The denials for those may remain as-is.
However, as we’ve stated, when that principal applicant’s or petitioner’s filing is
reopened and approved, that’s a change in the decision. So, in those cases, we will
automatically reopen the derivative filing as well.
a. Follow-Up Question: What should a survivor do if their derivative cases are not
automatically reopened sua sponte?
Response: If the derivative filings are not automatically reopened upon approval
of the principal’s filing, the principal must request that any derivative filings be
reopened. That can be done through the postal service or by request from their
attorney or accredited representative via the hotline account.
There are isolated times when a derivative’s filing gets separated from the
principal's. It doesn’t happen often, but it does happen. If a principal sees that a
derivative’s filing has not been reopened, that most likely is the scenario, and
those are the cases where we would need the principal to notify us that the
derivative’s filing hasn’t been reopened. As a course of action for our procedures,
we do look for those derivatives. We’re humans, sometimes we mess up, so it is
helpful if the principal petitioner communicates with us.
26. Question: When a survivor with a criminal record is detained, in criminal custody, or on
probation, practitioners report the Service sometimes finds rehabilitation cannot be
shown because good behavior while in custody or on supervision does not sufficiently
demonstrate that good behavior will continue when custody or probation ends. What, if
anything, can a survivor do to establish rehabilitation while they are detained or in
custody?
Response: An officer takes into account many factors and circumstances when
considering discretionary determinations. The discretionary analysis is conducted on a
case-by-case basis with those individual factors in mind. Rehabilitation can be
considered as one of those factors, but it’s not limited to including good behavior while in
custody or on supervision. It is based on the totality of the evidence that we have with
the filing, with the good behavior being one of those factors.
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Audience Questions
27. Question: Do 8 USC 1367-protected individuals have access to the new biometrics
rescheduling tool?
Response: Yes, individuals protected by 8 USC 1367 have access to the new
biometrics rescheduling tool. If you are noticing any problems in access, reach out to the
public engagement division or ASISTA.
ASISTA Note: The USCIS Public Engagement Division email is
28. Question: USCIS has rejected paper-filing updates for Us with supplemental info,
changes of address, etc., by sending the whole packet back and instructing us to use
tools online or to email the hotline addresses. Is there a difference between what
documents should be sent by mail versus what we should email to the hotline?
Response: I believe that these rejected supplemental filings were part of an issue that
we addressed last year at the Service Centers. There was some correspondence that
was received through the mail that was rejected erroneously. The Service Centers
reconfirmed their process, where they should not be rejecting any supplemental
documentation for survivor-based filings. If anyone is still seeing that, this would be a
scenario where case examples would be extremely helpful, particularly if you can
provide the date that the rejection was received. That will help us pinpoint where the
problem might be occurring. Again, if you are submitting any kind of documentation or
correspondence through the mail for a survivor-based filing, it should not be rejected.
29. Question: To clarify USCIS’ position on deferred action requests, if a petitioner for U
nonimmigrant status is in removal proceedings or has a final order of removal, would
they also not be eligible for a positive BFD and deferred action, similar to VAWA
self-petitioners?
Response: For I-918 BFDs, they would still be potentially eligible even if in removal
proceedings. We say “potentially” because there are other factors that may impact
eligibility for the BFD. But being in removal proceedings or having a final order of
removal would not keep them from being found eligible for the BFD.
30. Question: The AILA engagement notes discussed automatic review by a supervisor for
any I-914 or I-914A denials. Does the same happen with I-918 or I-918As?
Response: Yes, that is the case and it’s essentially the case for all filings that are
adjudicated at the Service Centers. It is part of the general quality assurance processes
that all Service Centers follow. The supervisors review denials to ensure that they’re
consistent. As you can imagine, we have a large group of adjudicators working these
form types and we want to course-correct deficiencies as soon as possible.
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31. Question: Are there any updates you can provide on processing times for after-filed
I-918As filed based on Medina-Tovar?
Response: That is not an answer we can provide right now, but we can certainly
research and provide that at a later date.
32. Question: We have not received deferred action letters for VAWA-based deferred action
EAD renewals, even when the clients are not in removal and after requesting them on
the cover letter. We have been writing to the hotline to remind them to send the deferred
action letter. Is there another way to go about getting that letter or to ensure that it’s
issued?
Response: The hotline is the best way to notify USCIS that you have not received a
deferred action letter. And, if it’s a subsequent request, if you submitted one inquiry and
didn’t receive a response, it’s helpful to put “second request” in the subject line, so that
the folks working those inquiries know that you have attempted to get a response initially.
But that is the best way to contact us regarding that issue.
33. Question: When an expedite request is made by ICE for a U petitioner who is detained
and in removal proceedings, what is the USCIS process to respond? Is it an adjudication
for the BFD, waitlist adjudication, full adjudication, or something else?
Response: If the filing has not been reviewed at all, it will go through a BFD review.
Once the BFD process was put in place, that became the first review for all new filings,
whether as part of our normal workflow or at the request of ICE. If there’s an extenuating
circumstance where waitlist adjudication is required, they may perform that review, but
generally speaking the case will receive BFD review first.
34. Question: Can you please share information on how the Nebraska and Vermont Service
Center hotline emails get reviewed? Who is doing the review and what case information
can they access when responding? How important is the subject line? If the matter is
urgent, should we indicate that in the subject line?
Response: The staff working these inquiries starts researching electronically. If they are
able to answer, based on the information contained in our databases, that’s how they will
respond. Occasionally, it takes reviewing the file to be able to answer the questions. So,
inquiries may be a little bit delayed, if they have to request the file and review
documentation contained in it. But they do have access to the full electronic immigration
record of that person when they’re responding to the inquiries.
It is helpful, if you’re submitting an expedite request, to put that in the subject line. If it’s a
second request or if you are requesting supervisory review, you can put that in the
subject line, as well. These are just a few examples of scenarios where it’s helpful to
have that information in the subject line.
And don’t forget to attach your G-28 to the email!
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35. Question: On the issue of missing notices, practitioners have turned to the hotline to get
a copy, but given delays in response, deadlines to respond or to file an I-290B pass. Is
USCIS aware of this issue? Would case examples help? And what should practitioners
do to comply with deadlines where they might not get the notice before the deadline
passes?
Response: The hotlines are the best place to make us aware of situations like that. We
will take this information back.
36. Question: Can the speakers address delays in issuing biometrics notices for
survivor-based applications? We're experiencing long (6+ month) delays in receiving
biometrics across humanitarian applications (I-918s, especially, but also I-360s and
I-485s). Can you explain the reason and if there is any effort to shorten the biometrics
timeframe? We are also seeing delays (up to 5 months) just to get a receipt notice in
I-918 cases.
Response: We can take this back. This is something we want to look into. This is
another example of when it would be helpful to have case examples so that we can
better investigate where the problem is occurring.
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ASISTA Immigration Assistance.
Established in 2008, ASISTA is a national leader in the movement for safety and justice for
immigrant survivors of gender-based violence. ASISTA's founders helped write the immigration
provisions of the federal Violence Against Women Act (VAWA) and Victims of Trafficking and
Violence Prevention Act (TVPA), affording legal status to hundreds of thousands of survivors
and their children since 1994. With over 2500 members nationwide, ASISTA’s work is focused
on 1) providing expert case consultation, training, and resources to attorneys and advocates
navigating the complex immigration system on behalf of survivors of gender-based violence,
including intervening in specific cases as needed; 2) pushing for federal, state and local policies
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the government from unfairly deporting survivors of violence. To learn more about ASISTA’s
work, click here.
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