Chapter 17 Applying for Employment Authorization for Your VAWA Client R ecipients of an approved VAWA petition are also granted deferred action status for a period of fifteen months. Under this status the client is allowed to remain in the United States. With this status, the client is eligible to apply for employment authorization pursuant to 274a.12(c) (14) based on economic necessity. 17.1 When can my client file? 1. My client is married to a U.S. Citizen or my client is married to an LPR and immediately eligible for an immigrant visa. The instructions in this manual are based on eligibility based on a granted I-360 Petition. This eligibility is based on deferred action and cannot be filed until the petition is approved. Clients immediately eligible to file for adjustment of status can file their I-765 application with the I-360 package. However, the application must be accompanied with an I-485 Application for Adjustment of Status. If your client is eligible to file for adjustment of status, please discuss filing eligibility with HRI. 2. My client is married to an LPR and is not eligible for an immigrant visa or my client has an approved I-360 and is eligible for an employment authorization document based on deferred action status. See instructions below. 17.2 CIS Forms: 1. I-765 Application for Employment Authorization 1. Additional forms can be found on the CIS website at: 1 See Appendices for a sample I-765 Application for Employment Authorization. 17-1
http://www.uscis.gov/files/form/i-765.pdf i. Filing fee. If the applicant is able to submit the filing fee, she must provide a money order in the amount of $340.00 2 made out to CIS (Citizenship and Immigration Services) for the I-765 application filing fee. If she is unable to pay the fee, she will need to request a fee waiver. Pursuant to 8 CFR 103.7 (c), the following items must be submitted as evidence with the fee waiver: a. Affidavit Requesting Fee Waiver. 3 b. Supporting documentation: i. Letter from petitioner s caseworker at a shelter or person petitioner is currently residing with, confirming she is dependent for housing and food assistance. ii. Supporting letter(s) for area agencies providing petitioner with assistance with any expenses. When reviewing fee waiver requests, CIS officers will consider the following factors 4 : a. Officer will note any evidence or documentation concerning applicant s living arrangements in the U.S. b. Applicant s extraordinary expenditures for self and/or dependents. c. Contributions from adult children and others residing in the household. The applicant must demonstrate an inability to pay. consider: Officers will a. Whether within the last 180 days she or her children qualified or received federal means-tested benefits. b. The household income for the most recent tax year is at or below the poverty guidelines contained in the most recent poverty guidelines, Secretary of Health and Human Services Poverty Guidelines. The guidelines can be found online at: http://aspe.hhs.gov/poverty/ c. She is 65 years old and older. d. She or one of her dependents has some type of disability. e. The age and number of dependents in the household. 2 CIS filing fees may increase. You should consult with HRI for the current fee or visit the CIS website at www.uscis.gov. 3 See Appendix 16-A for a sample Affidavit Requesting Fee Waiver. 4 See Appendix 16-B for a copy of Press Office, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Fact Sheet, USCIS Fee Waiver Guidance, 29 March 2004. 17-2
f. Any humanitarian or compassionate reasons, such as hardship caused through separation of spouse due to abuse. Please also see the DHS Fact Sheet at Appendix 16-B for examples of documentation which can be used to evidence the above standard. In our experience it is unlikely that the fee waiver for an employment authorization application based on VAWA will be denied. In instances where a fee waiver is denied, the package will be returned to the attorney of record. If this occurs, please contact HRI and we will review the matter with you. ii. Mailing address. The application, G-28 and all of the evidence should be returned to HRI for final review and mailing. We will mail the package to the CIS for you. We include the mailing address only as reference: U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Vermont Service Center 75 Lower Welden St. Saint Albans, Vermont 05479-0001 2. Attorney Representation Forms 5. A G-28, Notice of Appearance, must accompany the I-765 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: http://www.uscis.gov/files/form/g-28.pdf 17.3 Cover Letter: HRI will attach the cover letter. 17.4 Two Photographs 6. The applicant must submit two color passport style photographs taken within 30 days. The applicant s head should be bare, wearing no jewelry with a white background. The photo should not be larger than 1-½ x 1-½ inches You may refer the applicant to any store that does passport photos to obtain the photographs. One possible location, which is also less costly than some is the Immigration Photo and Service Center, located at 1140 Empire Central, Dallas, Texas 75242, (214) 634-4404. It is located across the street from the Bureau for Citizenship and Immigration Services, Dallas District office off I-35. 5 See Appendix 16-B for a sample G-28 Attorney Representation Form. 6 See Appendix 16-D for CIS photo specifications. 17-3
The photographs should be returned to HRI with the original package. HRI will attach them before mailing. 17.5 Evidence of Eligibility. The applicant must submit: i. Copy of I-360 Self-Petition Approval Notice. ii. Valid Deferred Action Notice. 17.6 Economic Necessity. The applicant is eligible for employment authorization because she was granted deferred action status when the petition was approved. Individuals granted deferred action status are eligible for employment authorization if they can prove they require authorization due to economic necessity. See 274a.12(c) (14). To evidence economic necessity the applicant should submit evidence such as: i. Affidavit of Economic Necessity. ii. Supporting documentation. 1. If applicant is currently unemployed 7 : Letter from her caseworker at shelter or agency providing her employment assistance confirming that employment authorization is an economic necessity. 2. If applicant is currently authorized to work 8 : Provide copies of recently incurred expenses, including copies of: rent agreement, utility bills, automobile expenses, food bills, etc. The information should be logically organized and listed as an exhibit in the package. 7 See the Appendices for a sample Affidavit of Economic Necessity and sample letter from shelter. 8 See the Appendices for a sample Affidavit of Economic necessity and outline of expenses. 17-4
Chapter 17 Applying for Employment Authorization for Your VAWA Client Index of Appendices Appendix 17-A Appendix 17-B Appendix 17-C Appendix 17-D Appendix 17-E Appendix 17-F Appendix 17-G Appendix 17-H Appendix 17-I Blank I-765 Application for Employment Authorization with instructions Sample Affidavit of Economic Necessity (unemployed client) Sample Letter from Shelter Sample Affidavit of Economic Necessity (employed client) Outline of Expenses for employed client Employment Authorization Checklist Sample I-765 Package to CIS Sample Affidavit Requesting Fee Waiver Press Office, U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Fact Sheet, USCIS Fee Waiver Guidance, 29 March 2004. 17-5
Appendix 17-A 17-6
17-7
17-8
17-9
Clients with approved VAWA Petitions are granted Deferred Action status. 17-10
17-11
17-12
17-13
17-14
17-15
17-16
17-17
Clients must include info & documenttation for all I-765 applics filed, whether approved or denied. 17-18
Appendix 17-B Sample Affidavit of Economic Necessity for Client at Shelter 17-19
Appendix 17-C Sample Supporting Letter from Shelter 17-20
17-21
Appendix 17-D 17-22
Appendix 17-E Sample attachment of Expenses for Client with Employment Authorization or Living on Her Own 17-23
Appendix 17-F EMPLOYMENT AUTHORIZATION CHECKLIST Pro Bono Volunteer: Client Name: According to CIS, all the items below must be completed, 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. My client has signed the I-765 application on page 1. I have signed the I-765 application on page 1. If I am an attorney, my client and I have signed a G-28. I attached 2 passport style photos of my client to the I-765 application on page 1. I included a copy of the client s I-360 approval notice and deferred action notice as evidence of eligibility. I provided evidence of any previously filed employment authorization applications I included evidence that my client requires employment authorization due to economic necessity, including: her affidavit, an outline of her expenses if she is living on her own with copies of her bills, a letter from her caseworker at the shelter and any other applicable supporting letters. I included the filing fee or in the alternative an affidavit requesting fee waiver and evidence of my client s inability to pay the fee. 17-24
APPENDIX 17-G SAMPLE I-765 COVER LETTER TO CIS February 22, 2010 US Citizenship and Immigration Services Vermont Service Center VAWA Unit, Box 1000 75 Lower Welden Street St. Albans, VT 05479-0001 RE: I-765 Application for Employment Authorization TO BE PROCESSED WITH Applicant: NAME Your File No.: Our File No.: Dear Madam or Sir: Enclosed please find the following application for your review and adjudication. 1. G-28/I-765 Application for Employment Authorization along with two passport photographs and $175/request for fee waiver. 2. Copy of I-360 Petition Approval Notice and Deferred Action Notice. 3. Affidavit of economic necessity and supporting documentation. 4. Affidavit requesting fee waiver. 5. Copy of photo identification: Please feel free to contact our office if you have any questions or concerns. Respectfully, Name of Attorney Attorney Enclosures: As Stated Above cc: Client INITIALS SENT VIA DELIVERY CONFIRMATION 17-25
Appendix 17-H AFFIDAVIT OF [NAME OF CLIENT] REQUEST FOR FEE WAIVER STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared Mr. [Name of Client], known to me to be the same, who stated under oath the following: My name is [Name of Client]. My current address is [Address]. I am executing this affidavit in support for my request for fee waiver. I ask that the fee for my [Name of Application or Petition], as prescribed in 8 CFR 103.7(b), be waived because I am unable to pay the prescribed fee. As stated in 8 CFR 103.7(c), I am eligible for a fee waiver because my gross income from all sources for the three-month period prior to the filing of this request was equaled or exceeded by expenditures for such three month period. Further, I do not possess assets sufficient to pay the fee without substantial hardship. I am currently unemployed. Since then [Name of Agency or Shelter] has been paying for all of my living expenses, including food, rent, electricity, phone, and basic necessities.1 I have relied completely on the generosity of [Name of Agency or Shelter] to care for myself. I have had no income while residing in the United States, because I will not work unlawfully. [Add additional details as relevant to your client s specific living situation.] "The foregoing statement is submitted under penalty of perjury and I hereby swear that the foregoing is true and correct to the best of my knowledge. [NAME OF CLIENT] SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 200. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS [Stamped Notary Seal] 1 Please see the attached letter from [Name of Agency or Shelter]. 17-26
Appendix 17-I 17-27
17-28
17-29
17-30
17-31
17-32
17-33