Client Alert!
USCIS announced that it is updating policy guidance in the USCIS Policy Manual to provide guidance on mailing address procedures for persons protected under 8 U.S.C. 1367. This includes persons eligible for and recipients of victim-based immigration relief, specifically Violence Against Women Act (VAWA) self-petitioners, as well as those who are seeking or currently hold T and U nonimmigrant status for victims of trafficking and qualifying crimes. USCIS also extends these provisions to abused spouses of certain nonimmigrants applying for employment authorization under section 106 of the Immigration and Nationality Act.
USCIS must ensure that information related to a protected person is disclosed only to authorized parties identified by the protected person. In the context of mailed correspondence, we have implemented procedures to minimize the risk of unauthorized parties viewing the protected information. This update provides guidance to the public and USCIS employees on mailing addresses and adjudication procedures for victim-based and non-victim-based forms filed by protected persons.
Policy Highlights
- Provides that USCIS must review each form individually to determine where to send notices and secure identity documents, taking into consideration the protected person’s selections regarding receipt of USCIS notices and documents on the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.
- Explains that non-victim-based benefit requests should be adjudicated independent of the victim-based benefit requests without reference to previously filed victim-based applications or petitions in any correspondence.
- Provides clear guidance on mailing address procedures for protected persons represented by an attorney or accredited representative and those without an attorney or accredited representative, as well as those with multiple pending forms.
- Explains that the prohibition on adverse determinations described in 8 U.S.C. 1367(a)(1) applies to all cases where a protected person is an applicant, beneficiary, or petitioner. Therefore, even if an officer is adjudicating a non-victim-based application or petition, the officer cannot make adverse case determinations based solely on information provided by a prohibited source.
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