CHAPTER TWENTY-FIVE Documents & Evidence in a U Visa Submission

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1 CHAPTER TWENTY-FIVE Documents & Evidence in a U Visa Submission B efore HRI accepts a case, we provide the client with a checklist of items that are required to file for a U Visa. By the time the case is assigned to a pro bono the client has provided the preliminary documentation necessary to file. As you meet with the client to go over the requirements discussed in this chapter, you should have the checklist available. BACKGROUND In October 2000, Congress passed the Victims of Trafficking and Violence Protection Act (VTVPA). As part of the VTVPA, Congress sought to strengthen the ability of law enforcement agencies to detect, investigate and prosecute crimes against immigrants. In order to do this, Congress recognized that victim cooperation and assistance is often the key to effective detection, investigation and prosecution of crimes. Where the victims are immigrants, their immigration status in the United States can directly affect their ability to cooperate and assist in these efforts. Congress provided a specific avenue for immigrant crime victims to obtain lawful immigration status by amending certain sections of the Immigration and Nationality Act (INA) to create the U Visa. The U Visa was created to encourage undocumented immigrant victims of violent crimes to report the crime against them to law enforcement and aid the authorities with the prosecution of the crime without a fear of deportation. To qualify for a U Visa, an applicant must demonstrate that he or she meets the requirements set forth at INA 101(a)(15)(U); 8 U.S.C. 1101(a)(15)(U). This provision requires, among other things, that the U Visa applicant include with his or her application a certification from a Federal, State or local qualifying official (including, but not limited to, a law enforcement officer, prosecutor or judge). This certification must affirm that the immigrant victim, has been helpful, is being helpful, or is likely to be helpful in the investigation of certain criminal activity set forth in the statute. We provide the completed certification with the pro bono referral. The following completed certification form will be submitted to the U.S. Citizenship and Immigration Services (CIS) by the immigrant victim as part of his or her application for a U Visa. A U Visa will be denied if there is no certification enclosed. If the INS approves the U Visa application, the immigrant will then be deemed a lawful temporary resident of the United States for a period of up to four years. This means that she or he is permitted to live and work legally in the United States for the duration of the U Visa. After three years, an immigrant with a U Visa is eligible to apply for lawful permanent residency ( green card holder). As this law is very new, practitioners are not yet sure what the process for applying for a green card will entail. Therefore, at this point, the only service we provide for clients is the initial U Visa Application, which will be good for up to three years Updated February 2013

2 To win a U Visa, the petitioner must provide the following, see INA 214: A. A declaration describing the applicant s case, including information showing that: 1. He or she is a victim of an enumerated crime; 1 2. He or she possesses information about that crime; 3. He or she suffered mental or physical abuse as a result of the crime; and 4. He or she is helping or was helping law enforcement in the crime s investigation or prosecution. B. A certification that she has been, is being, or is likely to be helpful in investigating or prosecuting an enumerated crime (Referred to as the Supplement B ). 2 C. Applications for any derivatives she wants to include with her declaration. 3 D. Any additional documentation supporting her claim Citizenship and Immigration Services forms required for submission: A. I-918 petition 5 for principal U petitioner. Additional forms and instructions can be found on the Citizenship and Immigration Services (CIS) website at: If the client s answer is yes or maybe to any of the questions in Part 3 of the I-918, you should type an asterisk next to the answer blocks and explain the details in an addendum (see Appendix 25-J for sample Addenda). By placing an asterisk next to the answer field, your client will not inadvertently self incriminate him or herself. B. I-918, Supplement A 6 for any derivative U petitioners. A separate form should be included for each derivative where the relationship to the primary crime victim is: Spouse (U-2); Unmarried child under 21 (U-3); Parent, if the primary victim is under the age of 21 (U-4); or Sibling, if the primary crime victim is under 21 and derivative is under 18 (U-5). This form is located within the I-918 form for the principal U petitioner. Each qualifying family member must fill out a Supplement A and submit it for processing. We have prescreened the case for all possible family members, so you 1 See Appendix 25-A for full list of enumerated crimes. 2 8 C.F.R (c)(2)(i). Also see Appendix 25-D for a Blank Supplement B Certification Form. 3 See Appendix 25-C for a blank Supplement A Form. See Chapter 26 for detailed information regarding derivative applicants. 4 This normally includes items such as police reports, witness statements, criminal records, and court transcripts. Please see Appendix 25-O for a U Visa Application Document Checklist. 5 See Appendix 25-B for a copy of an I-918 Petition. 6 See Appendix 25-C for a copy of an I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient Updated February 2013

3 will know how many Supplement A s will need to be included with the U Visa submission. For Supplement A instructions, please see Chapter 26. C. I-918, Supplement B. 7 The principal U petitioner must obtain a certification signed by a judge, the head of a certifying agency or a designated supervisor. Child Protective Services, Equal Employment Opportunity Commission, and the Department of Labor may qualify as a certifying agency if they have criminal investigative jurisdiction. The designated Federal, State or local government official certifies that the petitioner was helpful, is being helpful or is likely to be helpful in the investigation or prosecution of the enumerated criminal act. The certification form must have been signed within six (6) months of I-918 submission. This form is located within the I-918 form for the principal U petitioner. HRI will provide you with a copy of the Supplement B in your referral packet. In conjunction with the Supplement B, the petitioner may also submit additional documentation supporting U Visa eligibility. These documents demonstrate the applicant s helpfulness in the investigation and/or prosecution of the crime, as well as proof that the crime occurred and falls within the list of qualifying offenses. Examples include: Trial transcripts Court documents News articles Police reports Protection Orders Affidavits of other witnesses (such as medical or social service personnel) Photographs Medical records A copy of the crime as stated in the applicable penal code D. Fees and Biometrics. There are no filing o biometrics fees for U petitioners. The biometric services consist of fingerprinting each applicant for the purpose of conducting FBI criminal background checks. Biometrics will be required for the primary petitioner and each derivative between the ages of 14 and 79. After submitting the I-918 form, USCIS will notify the petitioner about when and where to go for biometric services. 8 E. Attorney Representation Forms. 9 A G-28, Notice of Entry of Appearance as Attorney or Representative, must accompany the I-918 package. The attorney assisting with the case should sign the notice of appearance. If someone other than an attorney prepares the case, HRI will attach a G-28 to the case before it is sent to CIS. The G-28 is a form used to inform CIS of attorney representation. This form gives CIS consent to mail information concerning the applicant directly to the attorney on the G-28. The G-28 should be printed on blue paper. A G-28 can be obtained on the CIS website at: 7 See Appendix 25-D for a Blank Supplement B Certification Form. 8 See Appendix 25-F for a copy of Biometrics Appointment Notice or Action, Form I-797C. 9 See Appendix 25-G for a copy of the G-28 Attorney Representation Form Updated February 2013

4 F. Mailing address. The petition, G-28 and all of the evidence should be returned to HRI for final review. U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Vermont Service Center 75 Lower Welden St. Saint Albans, Vermont Additional forms that may need to accompany the I-918 packet: A. I-192, Application for Advance Permission to Enter as Nonimmigrant. If the petitioner is subject to grounds of inadmissibility, she or he must apply for advance permission to enter. 10 HRI prescreens all clients to determine if there are any grounds of inadmissibility. All inadmissibility grounds will be outlined in the pro bono referral package you receive from HRI. A blank I can be found at: Please note that the filing fee for an I-192 Waiver is currently $ Recently, USCIS authorized a fee waiver for this Application, Form I Fee Waiver Request. More information about fee waivers may be found at: For each I-192 form filed, there must be a separate filing fee or fee waiver which accompanies it. If the client has the funds to pay this fee, we request that they obtain a money order and it must be payable to the Department of Homeland Security. If no filing fee or fee waiver is enclosed with the U Visa submission, the case will likely be denied. In addition to the inadmissibility ground that a HRI staff member will discuss with you, every I-192 should also state any other grounds that USCIS deems applicable. This protects the client if USCIS later determines that the client was subject to a ground of inadmissibility that was not disclosed. Under INA 212(d)(14), all grounds of inadmissibility may be waived for U- Nonimmigrant applicants, except those involving Nazi persecution, genocide, torture, or extrajudicial killing. The standard for waiver is discretionary: waivers are granted if they are in the public or national interest. 10 See Appendix 25-H for a list of grounds of inadmissibility 11 See Appendix 25-I for Sample I-192, Application for Advance Permission to Enter as Nonimmigrant. 12 See Appendix 25-E for a Blank Fee waiver Form 25-4 Updated February 2013

5 B. I-765, Application for Employment Authorization Document. The principal U Visa petitioner does not need to file a separate I-765 (the form required to request employment authorization). The principal petitioner will mark the work permit request box on page 2, Part 2, Question 7 of the I-918 petition. There is no filing fee associated with this. However, all U Visa derivative family member applicants must file a separate I-765 to be authorized to work in the United States. They will also need to pay the filing fee or apply for a fee waiver. Please see Chapter 26 for information regarding how to apply for a derivative family member s employment authorization. C. Addenda. If additional explanation is required for any of the I-918 questions, an addendum should be attached with the application. There is no required format for the addendum, but it should clearly indicate which application question corresponds with the explanation. 13 Our policy is to err on the side of disclosing anything that could be interpreted as ground for inadmissibility. Practitioners have agreed that when in doubt, it is better to fully disclose an event or situation (even though it may not technically be a ground of inadmissibility). Some sample Addendums are located at the end of this Chapter. D. I-193 Waiver of the Passport Requirement- If Petitioner is unable to obtain a passport, they will need to complete and submit an I-193 waiver. However, USCIS may waive this document requirement if the petitioner includes the information on the I-192 Application for Advance Permission to Enter as Non-Immigrant. Therefore, if the petitioner is inside the United States and unable to obtain a passport, they no longer have to submit an I-193 waiver. The filing fee for this waiver is $585. If the client is unable to pay the fee, they may file an I-192 fee waiver request. The I-193 waiver form can be located at: Additionally, we suggest that if the client is unable to obtain a passport they explain why the consulate and/or embassy would not issue on to them to show that they made every reasonable effort to try to obtain one Cover Letter: Every application should include a cover letter summarizing the information included in the packet and acts as a road map. In the cover letter you should introduce and address any potential grounds for inadmissibility. Include a brief statement and explanation of the affidavit and outline reasons why the waiver should be granted, such as the applicant s good moral character Petitioner s Declaration. The declaration should be a detailed description of the petitioner s mental or physical suffering as a result of the crime. 14 It should state that she possesses information that will help or has helped the investigation or prosecution of the crime. The declaration must also explain how the petitioner meets the U Visa requirements. The personal narrative statement must include: 13 See Appendix 25-J for sample addendum. 14 See Appendix 25-K for sample declarations Updated February 2013

6 What substantial physical and/or mental abuse the applicant suffered as a result of having been the victim of either; o The qualifying criminal activity alone; or o A series of events over time which include the qualifying criminal activity; The nature of the criminal activity; When and where the criminal activity occurred; Who was responsible; Other specific information and facts surrounding the criminal activity; How the criminal activity came to be investigated or prosecuted; that they will continue to help the authorities prosecute the crime in any way they can; and That granting the application will further USCIS s humanitarian interest of protecting immigrant victims. When a petitioner is under the age of 16, incapacitated or incompetent, a parent, guardian or friend may submit a statement in lieu of the petitioner that contains as much information surrounding the criminal activity and physical and/or mental abuse as possible. The U-Petitioner may submit any credible evidence in establishing eligibility for the U-Visa. This means that a petitioner may establish the substantial harm suffered through his or her statement alone. However, where evidence exists to support the petitioner s declaration, it should be obtained and submitted Documentation of Substantial Physical and/or Mental Abuse. This information should be specifically addressed in the applicant s declaration; however, the applicant may include supplemental documentation to support the petition. Examples of helpful documentation include: Declarations of witnesses, police or health care workers to the abuse Medical reports Reports or evidence of appointments with counselors or shelters Photographs documenting abuse Statements from counselors or therapists that explain why the facts, as related to them, are credible in light of their experiences If a health care professional wishes to provide a supporting affidavit, they should be advised to follow the following format: A paragraph detailing the professional s credentials, including past experience with domestic violence, sexual abuse, or the crime detailed in the particular case. A paragraph describing in detail the information petitioner shared about the crime, including the effect the crime had on petitioner. CIS specifically mentions discussing the following factors: o The nature of the injury o The severity of the perpetrator s conduct o The severity of the harm suffered o The duration of the infliction of harm o Any permanent or serious harm to appearance 25-6 Updated February 2013

7 o Health and physical or mental soundness o Any aggravation of a petitioner s pre-existing condition o Any other evidence of how the event has impaired the petitioner s emotional or physical soundness. 15 A paragraph explaining why the professional believes the petitioner is credible given past experience working with victims. A paragraph explaining, in detail, why the client needs ongoing counseling Identification Documents. The petitioner should submit a copy of all pages of his or her valid, unexpired passport and birth certificate. If the petitioner does not have a valid passport, or if Petitioner is unable to obtain a passport, they will need to complete and submit an I-193 waiver. However, USCIS may waive this document requirement if the petitioner includes the information on the I-192 Application for Advance Permission to Enter as Non-Immigrant. If the Applicant needs to submit this form, there is an additional $585 filing fee. If Petitioner is unable to pay this fee, he or she may request a fee waiver Index of Exhibits. An exhibit list should be included. 17 The exhibit list should contain a complete description of each document. HRI suggests the exhibit list be broken up into categories, to show the client has complied with each requirement Translations. A translation and a notarized Certificate of Translation 18 must accompany all documents that are NOT in English. See 8 CFR Appearance of Packet to USCIS A. Tabs All exhibits should be tabbed with the exhibit number. Also, all forms should be tabbed to indicate where they are located, such as the following: 1. The G The I Any fee waivers 4. All I-918 Supplement A s (see Chapter 26) 5. The Index of Exhibits 6. The I-192 (if needed) 7. Any addenda (if needed) B. Highlight All pertinent evidence in the packet should be highlighted in yellow. This should include pertinent information on the passport, birth certificate, evidence of crime, evidence of cooperation, evidence of physical and/or mental injury, as well as any other important information on the exhibits. Please do not highlight anything on the forms, statement, or list of exhibits C.F.R (b)(1). 16 See for more information. Also see new 8 C.F.R (c)(5)(iii). 17 See Appendix 25-M for same Index of Exhibits. 18 See the Appendix 25-N for a sample Certificate of Translation Updated February 2013

8 1. Hole Punched The packet should be two-hole punched at the top center of every page and pronged together at the top. The money order(s) should be paper clipped to the I Paper Length Every page in the packet must be standard letter size. Legal sized pages will not be accepted. All copies should be reduced to fit 8½ x 11 size. 3. One Sided Every page in the packet must be one sided. 4. Once the package is complete You should perform a final review of the package to confirm all requirements have been satisfied. The U Visa Pro Bono Checklist 19 should be used as a guide. Once it is executed and finished, you should make arrangements to transfer all originals to HRI. We will perform a final review and then submit the packet on your behalf (you will receive a copy). 19 See Appendix 25-P for U Visa pro bono checklist 25-8 Updated February 2013

9 CHAPTER TWENTY-FIVE Documents & Evidence in a U Visa Submission Index of Appendices Appendix 25-A Appendix 25-B Appendix 25-C Appendix 25-D List of Qualified Enumerated Crimes Blank copy of I-918 Petition for U Nonimmigrant Status Blank copy of I-918 Supplement A, Petition for Qualifying Member of U-1 Recipient (see Chapter 26 for more information) Blank and Sample copy of I-918 Supplement B, U Nonimmigrant Status Certification Appendix 25-E Sample Affidavit Requesting Waiver of Biometric Fees and/or I- 192 Waiver and/or I-193 Waiver Appendix 25-F Appendix 25-G Appendix 25-H Appendix 25-I Appendix 25-J Appendix 25-K Appendix 25-L Appendix 25-M Appendix 25-N Appendix 25-O Appendix 25-P Sample copy of I-797C Notice of Action for Biometrics Appointment Blank copy of G-28 Attorney Representation Form List of grounds of inadmissibility Blank copy of I-192, Application for Advance Permission to Enter as Nonimmigrant Sample addendum for I-918 Petition Sample declarations (redacted) Blank copy of I-193 Application for Waiver of Passport and/or Visa Sample Index of Exhibits Sample Certificate of Translation U Visa Application Document Checklist U Visa Pro Bono Checklist 25-9 Updated February 2013

10 Appendix 25-A List of Qualified Enumerated Crimes Rape Torture Trafficking Incest Domestic Violence Sexual Assault Prostitution Female Genital Mutilation Holding Hostage Peonage Involuntary Servitude Slave Trading Kidnapping Abduction False Imprisonment Blackmail Extortion Witness Tampering Obstruction of Justice Perjury Manslaughter Murder Felonious Assault Attempt, Conspiracy, or Solicitation to commit any of these crimes Updated February 2013

11 Appendix 25-B Blank Copy of I-918 Petition for U Nonimmigrant Status Updated February 2013

12 25-12 Updated February 2013 Appendix 25-B

13 25-13 Updated February 2013 Appendix 25-B

14 25-14 Updated February 2013 Appendix 25-B

15 25-15 Updated February 2013 Appendix 25-B

16 25-16 Updated February 2013 Appendix 25-B

17 25-17 Updated February 2013 Appendix 25-B

18 25-18 Updated February 2013 Appendix 25-B

19 Appendix 25-C Blank copy of I-918 Supplement A, Petition for Qualifying Member of U-1 Recipient Updated February 2013

20 25-20 Updated February 2013 Appendix 25-C

21 25-21 Updated February 2013 Appendix 25-C

22 25-22 Updated February 2013 Appendix 25-C

23 25-23 Updated February 2013 Appendix 25-C

24 25-24 Updated February 2013 Appendix 25-C

25 25-25 Updated February 2013 Appendix 25-C

26 Appendix 25-D Blank copy of I-918 Supplement B, U Nonimmigrant Status Certification Updated February 2013

27 25-27 Updated February 2013 Appendix 25-D

28 25-28 Updated February 2013 Appendix 25-D

29 25-29 Updated February 2013 Appendix 25-D

30 25-30 Updated February 2013 Appendix 25-D

31 25-31 Updated February 2013 Appendix 25-D

32 Appendix 25-E Blank Form I-912 Request for Fee Waiver Updated February 2013

33 25-33 Updated February 2013 Appendix 25-E

34 25-34 Updated February 2013 Appendix 25-E

35 Appendix 25-F Sample copy of I-797C Notice of Action for Biometrics Appointment Updated February 2013

36 Appendix 25-G Blank Copy of G-28 Attorney Representation Form Updated February 2013

37 Appendix 25-H List of Common Grounds of Inadmissibility Health Related Grounds- INA 212(a)(1)(A)(i)-(iv) o Communicable disease of public health significance INA 212(a)(1)(A)(i) o Lack of vaccinations against certain diseases INA 212(a)(1)(A)(ii) o Certain physical or mental disorders INA 212(a)(1)(A)(iii) o Drug abusers or addicts INA 212(a)(1)(A)(iv) Being convicted (including receiving a Conditional Discharge (CD)) of any of a long list of crimes (including some misdemeanors and violations)- INA 212(a)(2)(A); o See the definition of conviction INA 101(a)(48) Previously lying to federal immigration authorities (such as by submitting applications with false information or presenting false documents)- INA 212(a)(6)(C) Previously lying to government official about being a U.S. citizen- INA 212(a)(6)(C)(ii) Significant traffickers in persons- INA 212 (a)(2)(h) National Security Grounds- INA 212(a)(3)(A)-(E) Someone who is likely to become a public charge INA 212(a)(4)(A) Someone who fails to attend removal proceedings against them INA 212(a)(6)(B) Making a false claim to US Citizenship INA 212(a)(6)(C)(ii) Entering the U.S. without inspection by coming across the border when no one was looking (stowaways)- INA 212(a)(6)(A) or (D); Receiving an order of exclusion, deportation or removal, but not leaving the U.S. or staying outside the U.S. for less than the required amount of time- INA 212(a)(9)(A); Living in the U.S. without immigration authorization, then leaving and either returning or seeking return to the U.S.- INA 212 (a)(9)(b)-(c); Helping other people to enter into the U.S. unlawfully- INA 212(a)(6)(E) and Unlawfully voting- INA 212(a)(10)(D) REMEMBER- Always add the statement And any other grounds that USCIS deems applicable Updated February 2013

38 Appendix 25-I Sample A I-192, Application for Advance Permission to Enter as Nonimmigrant Updated February 2013

39 Appendix 25-I Sample B I-192, Application for Advance Permission to Enter as Nonimmigrant Updated February 2013

40 Appendix 25-J Sample Addendum A Updated February 2013

41 Appendix 25-J Sample Addendum B Updated February 2013

42 Appendix 25-J Sample Addendum C Updated February 2013

43 Appendix 25-K Sample A U Visa Petitioner s Declaration Updated February 2013

44 25-44 Updated February 2013 Appendix 25-K

45 25-45 Updated February 2013 Appendix 25-K

46 25-46 Updated February 2013 Appendix 25-K

47 25-47 Updated February 2013 Appendix 25-K

48 Appendix 25-K Sample B U Visa Petitioner s Declaration Updated February 2013

49 25-49 Updated February 2013 Appendix 25-K

50 25-50 Updated February 2013 Appendix 25-K

51 Appendix 25-K Sample C U Visa Petitioner s Declaration Updated February 2013

52 25-52 Updated February 2013 Appendix 25-K

53 25-53 Updated February 2013 Appendix 25-K

54 Appendix 25-L Blank copy of I-193 Application for Waiver of Passport and/or Visa Updated February 2013

55 25-55 Updated February 2013 Appendix 25-L

56 Appendix 25-M Sample Index of Exhibits Updated February 2013

57 25-57 Updated February 2013 Appendix 25-M

58 Appendix 25-N Sample Certificate of Translation Pursuant to 8 CFR , I certify that I am competent to translate the attached document from to English and that the translation is true and accurate to the best of my abilities. I further certify that I have accurately translated the following attached document from to English: INDICATE THE NAME OF ITEM Signature: Date: Name: (Print) Phone (Day): (Evening): Address: SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF, NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS [Stamped Notary Seal] Updated February 2013

59 Appendix 25-O U Visa Application Document Checklist Documents for Principal Petitioner Completed Form I-918, Petition for U Nonimmigrant Status Biometrics Fee (if applying from within the United States and if 14 or more years old) or a Fee Waiver Request Form (if unable to pay) Law Enforcement Certification Form: Form I-918, Supplement B Additional Documentation Regarding Eligibility Trial transcripts Court documents News articles Police reports Protection Orders Affidavits of other witnesses (such as medical or social service personnel) Photographs Medical records A copy of the crime as stated in the applicable penal code Petitioner s Declaration Documentation of Substantial Physical and/or Mental Abuse Identification documents Valid, Unexpired Passport (Form I-193, if the applicant is unable to get a passport. If a Form I-193 is needed, there is a $545 filing fee or fee waiver) Birth Certificate (if not previously submitted to USCIS) Two Passport-Style Photos (if applying from outside the United States) Waiver of Inadmissibility, Form I-192 (if principal petitioner falls under a ground of inadmissibility). An addendum should accompany this to explain the inadmissibility in detail. Additionally, if this form is submitted there is a $ filing fee or fee waiver request Updated February 2013

60 Appendix 25-P U VISA CHECKLIST Pro Bono Volunteer: Client Name: According to CIS, all the items below must be completed, with no exceptions, before they will accept a package for processing. Failure to complete one or more of the items will result in CIS returning the package without processing. Therefore, please use this checklist as a guide when completing the package. Required for all Applicant s: I have completed every question on the I-918 petition, leaving no blanks and have placed N/A or None in all unanswered questions. My client has signed the I-918 petition on page 8. I have signed the I-918 petition as the preparer on page 8. If I am an attorney, my client and I have signed a G-28. I have attached the I-918, Supplement B certification form signed by an appropriate agency. I included additional documentation related to the crime to support my client s eligibility. I provided evidence substantial physical or mental abuse. I checked the box on page 2, question 7, if my client needs employment authorization. I prepared a Declaration. The Declaration is signed, notarized and in the package. I included identification documents for the principal petitioner and any derivatives. I highlighted all the information in the research that I feel is relevant to the CIS officer. I included the biometrics fee or in the alternative an affidavit requesting fee waiver and evidence of my client s inability to pay the fee. I included an Affidavit of Translation for each document not in English pursuant to 8 CFR I prepared an exhibit list. I tabbed all sets of exhibits (on the bottom). I two-hole punched the package at the top of the pages. I only used 8 ½ x 11 sized paper. Additional Documents/Forms/Fees which may be needed: Waiver of Inadmissibility, Form I-192 (if the principal petitioner falls under a ground of inadmissibility). An addendum should accompany this form to explain the inadmissibility in detail. Additionally, a filing fee of $545 must be included or a fee waiver with evidence of the client s inability to pay the fee. Form I-193 if the Applicant is unable to get a valid unexpired passport. Additionally, a filing fee of $545 must be included or a fee waiver with evidence of the client s inability to pay the fee Updated February 2013