Navigating Removal Proceedings While Pursuing Survivor-Based Forms of Relief at USCIS

Immigrant Youth
Removal Defense
U Visa/T Visa/VAWA
Publication Date

USCIS has exclusive jurisdiction to adjudicate certain applications for immigration relief that protect survivors of crime and other forms of abuse. Many people who are in active removal proceedings are eligible for one or more of these forms of relief. In the past, it was often possible to postpone or terminate removal proceedings to pursue such relief at USCIS. However, current policies at the Executive Office for Immigration Review (EOIR) and increasingly negative caselaw from the Board of Immigration Appeals (BIA) have made navigating removal proceedings for these applicants extremely challenging. The challenges are exacerbated due to visa backlogs and USCIS adjudication delays for these forms of relief. This advisory provides an overview of affirmative relief for immigrant survivors, summarize recent BIA cases on point, and offer practice tips for protecting against removal.

Audience
Practitioners