Noncitizens determined to have committed fraud or misrepresentation orįor any other reasons that USCIS deems necessary and appropriate.įor example, officers may need to request additional evidence or information in certain cases where security checks indicate that a petitioner has an arrest record. Noncitizens who pose a national security or public safety risk Noncitizens with criminal histories or serious immigration violations USCIS may exercise its discretion to deny waiver requests in the following circumstances: Petitioners or qualifying family members who are inadmissible under INA 212(a) are generally ineligible to receive visas or be admitted to the United States. Perform a full evaluation of eligibility requirements, which includes but is not limited to:ĭetermining whether the petitioner was the victim of qualifying criminal activity or qualifying crime (QCA) Īnalyzing evidence submitted to establish substantial mental and physical abuse Īssessing the U Nonimmigrant Status Certification ( Form I-918, Supplement B) for all details regarding the QCA Ĭomplete a full review of background checks andĭetermine whether any applicable inadmissibility grounds are waivable in the exercise of discretion in the final adjudication, which includes a detailed, individualized assessment for principal petitioners and qualifying family members who have one or more applicable grounds of inadmissibility. USCIS determines waiting list placement on a case-by-case basis. At the time of placement on the waiting list, a petitioner is considered eligible for U nonimmigrant status, but not granted U nonimmigrant status “due solely to the cap.” Though petitioners placed on the waiting list are generally approved for U nonimmigrant status, approval is not guaranteed. To be placed on the waiting list, a petitioner must establish all statutory and regulatory requirements by a preponderance of the evidence. Įxcept in cases where ICE requests expedited waiting list adjudication, or where USCIS revokes the Bona Fide Determination Employment Authorization Document (BFD EAD) and terminates deferred action, USCIS generally does not conduct waiting list adjudications for noncitizens who USCIS grants BFD EADs and deferred action to. Immigration and Customs Enforcement (ICE) may request expedited waiting list adjudications for specific petitioners, in relation to enforcement priorities. Unlike the BFD process, officers may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) to gather additional information necessary to adjudicate for waiting list placement.Ĭonsistent with longstanding practice, U.S. While the BFD process does not include a full analysis of eligibility requirements, USCIS conducts a full adjudication necessary to determine eligibility for U nonimmigrant status as part of the waiting list process. Officers initiate a waiting list adjudication for petitioners who do not receive employment authorization and deferred action based on the Bona Fide Determination (BFD) process. Additionally, USCIS grants these same benefits to the qualifying family members of principal petitioners placed on the waiting list. Principal petitioners placed on the waiting list are eligible for employment authorization and receive a grant of deferred action or, in limited circumstances, parole. When the 10,000 visas under the statutory cap have been allocated in a given fiscal year, USCIS places remaining petitioners eligible for U nonimmigrant status on the waiting list.
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