Definition of a Child According to INA 101(b) (1) and 8 U.S.C. 1101(b)(1), a child is defined as: an “unmarried person under 21 years of age who is a: WHAT ABOUT STEP-CHILDREN? Step Child [See INA 101(b)(1)(B), 8 U.S.C. 1101(b)(1)(B)]: A step-child is a child as long as the step-child was under 18 when step-relationship was created, meaning that the natural parent and step-parent were married before the child turned 18 years of age: In situations where the natural mother and/or father is an LPR, but the step-parent is a USC, the child can avoid family 2D preference backlog through the step-parent’s petition. Example: Michael is a U.S. citizen and Mary is an alien from France. Mary has a child, named Joe who is younger than 18 years of age, from a previous marriage that she has custody over. Therefore, if Michael and Mary get married before Joe turns 18 years of age, Michael will be able to establish a legal step-parent/child relationship with Joe. When Does a Step-Child Relationship End? Normally, a step-relationship terminates when a marriage ends, especially if it ends in divorce.  [Matter of Simicevic, AFM 21.4 (d)(2)(B)] However, under certain circumstances, a step-relationship may continue after the death of the natural parent or even after the legal separation or divorce of the step-parent and the natural parent if there is an ongoing relationship between the step-parent and the step-child.  If the marriage ends in annulment, however, the step relationship is deemed to have never existed because, legally, the marriage never existed. [Matter of Pagnerre, Matter of Mowrer, and Matter of Mourillon]. Adopted Child Children adopted before 16, and having 2 years legal custody and residence with adopting parent.  However, if the family has already adopted a sibling, the second brother or sister who is adopted may be under 18 at time of adoption. In order for an adopted child to be considered under Immigration Law, the adoption must occur before the child turns 16 years of age, and must be coupled with 2 years of legal custody with the adopting parent and reside with the adopting parent for 2 years. The two year custody and residency requirements may be satisfied before or after the legal custody or adoption, by either parent.  Meeting the two year legal custody requirement requires either the final adoption decree or official documentation in the form of a custody award by the court or recognized government entity.  This requirement must be satisfied through an official action at a recognized government entity between the natural parent(s) and the adopting parent. Informal documents, such as sworn affidavits, are insufficient. The natural parents of an adopted child cannot obtain immigration benefits through the natural child if the child was adopted in accordance under the provisions listed above.  This is different than step-children, however, who can petition for their natural parent. If the adopted child did not and cannot acquire any immigration benefits through the adoptive parents, the natural parents may be able to petition for the child.  The adopted child, also, cannot petition for their natural siblings if the child was adopted in accordance to the provisions listed above. However, if the relationship between the adopted parent and the child end, then the custody of the child goes back to the natural parent or to the state/country if the child was an orphan prior to the adoption. The Hague Convention The Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption [8 C.F.R. 204.3(k)(2)]: The Hague Convention on the Protection of Children and Cooperation in Respect of Inter-country Adoption is an international convention dealing with international adoption, child laundering, and child trafficking.  The objectives of the convention were to (1) establish safeguards to ensure that inter-country adoptions take place in the best interests of children and with the respect for the child’s fundamental rights; (2) establish a system of co-operation amongst the participating countries to ensure that those safeguard are respected; thus, preventing the abduction, sale of, or traffic of children; and (3) to secure the recognition of the adoptions made in the participating countries in accordance with the convention.  The conditions of the Hague Convention apply to adoptions that occur after April 1, 2008.

Does a foreign national have the right to be put into removal proceedings in order to seek relief from removal, such as cancellation of removal? No. “A noncitizen has no right to be placed in removal proceedings by DHS for the purpose of seeking relief. See Matter of Andrade Jaso and Carbajal Ayala, 27 I&N Dec. 557, 558–59 (BIA 2019) (granting DHS’ motion to dismiss removal proceedings under 8 C.F.R. § 239.2(a)(7) (2018) because the respondent filed a meritless asylum application with USCIS for the sole purpose of seeking cancellation of removal in removal proceedings).” SeeMatter of H. N. Ferreira, 28 IN Dec. 765 at 768 (BIA 2023). The decision by DHS to commence removal proceedings is not reviewable by Immigration Judges or this Board. E.g., Matter of J-A-B- & I-J-V-A-, 27 I&N Dec. at 170; Matter of Bahta, 22 I&N Dec. 1381, 1391 (BIA 2000); Matter of G-N-C-, 22 I&N Dec. 281, 284 (BIA 1998); See also Matter of H. N. Ferreira, 28 IN Dec. 765 at 768 (BIA 2023).

On September 13, 2023, a Federal District Court in Texas issued a ruling in Texas v. United States declaring DACA unlawful. This Judge had previously come to the same conclusion and it was appealed to the Fifth Circuit Court of Appeals. The Court of Appeals found that he erred in making his first decision and remanded the case back to the Judge to make a new decision. The Judge reviewed the case differently this time but ultimately came to the same conclusion with the same results. This new decision has left many people with questions about DACA. The most frequently asked questions are answered below. SEPARATE FEES FOR DACA & EMPLOYMENT AUTHORIZATION USCIS indicated that it will no longer accept one bundled payment (check, money order, etc.) for all the forms included in your DACA renewal request. Be sure to include two separate checks: $410 for the I-765 $85 for the I-821D USCIS may reject the entire package if you include a combined check for $495. What is the status of DACA after the September 2023 Texas Decision?   The status of DACA remains the same as it was before the 2023 decision. DACA renewals continue and will be processed for those who are eligible.   DACA was implemented in 2012 through a memorandum issued by the Obama Administration. In 2021, a Texas Federal Court decision by this same judge found that the 2012 DACA policy was unlawful. This decision was appealed to the Fifth Circuit Court of Appeals who agreed with the Texas Court. In the summer of 2022, the Biden Administration announced a new DACA rule that codified the DACA policy into a federal regulation with the intent of further protecting the program from legal challenges. This new DACA rule resulted in the Fifth Circuit remanding the case back to the District Court in Texas to consider if the new DACA rule fixed the issues. The Texas Judge ruled, again, that DACA was unlawful.   Will USCIS Process Renewals & New DACA Applications?  No new DACA application will be approved at this time. The Court’s decision has blocked USCIS from approving any new DACA cases. Only renewals of those already approved were stayed by the Federal Court’s injunction. Who Can Renew You may request a renewal if you met the initial 2012 DACA guidelines and you: Please note, if you file after your most recent DACA period expired, but within one year of its expiration, you may submit a request to renew your DACA. If you are filing beyond one year after your most recent period of DACA expired, you may still request DACA by submitting a new initial request. When to Renew USCIS recommends that you submit your DACA renewal application 120 to 150 days before the date your current DACA and EAD expire.  How to Renew

Often when ICE releases a person from immigration detention, they decide to continue to monitor the person through a program called the Intensive Supervision Appearance Program (ISAP). This monitoring can happen in different ways, including through ankle monitors, in-person check-in appointments, visits at home, or check-ins by phone. Some private companies work for ICE to administer the ISAP program.

Form I-864A: https://www.uscis.gov/sites/default/files/document/forms/i-864a.pdf Official USCIS Instructions: https://www.uscis.gov/sites/default/files/document/forms/i-864ainstr.pdf Why Does a Household Member Complete Form I-864A? A household member completes this contract if the household member’s income and/or assets will be used to demonstrate the sponsor’s ability to meet the income requirements and to maintain the sponsored immigrant at an annual income at the level specified in INA section 213A(f)(l)(E) or section 213A(f)(3). If the Intending Immigrant Is a Household Member, Must He or She Complete This Contract? If you are the intending immigrant and the sponsor is including your income on Form I-864 to meet the eligibility requirements, you need to complete this contract only if you have accompanying dependents. If you are the intending immigrant and the sponsor is including only your assets on Form I-864, you do not need to complete this contract, even if you have accompanying dependents. Filing Fee: There is no filing fee to file Form I-864A with USCIS. Where do I file? This contract MUST be filed with Form I-864. Who completes this form? The sponsor and a household member complete and sign this form. If either the sponsor or the household member is under guardianship, the guardian of that individual’s estate (financial affairs) may sign the form. Principal Immigrant The principal immigrant must submit one original Form I-864 and Form I-864A for his or her file along with supporting financial evidence of the sponsor’s and household member’s income. A Form I-864 or Form I-864A is considered original if it is signed in black ink. The principal immigrant should submit photocopies of the completed Form I-864 and Form I-864A for each of the family members traveling with him or her. Copies of supporting financial documents are not required for the principal immigrant’s family members. Tips on completing Form I-864A SECTION WHAT TO DO Part 1 The household member completes this section. Part 1, Questions 6.a-7 The household member provides his or her Place of Birth and Social Security Number, if you have one. Part 2, Questions 1.a.-1.c. The household member indicates the relationship to the sponsor (or, if appropriate, the joint sponsor or substitute sponsor). Part 3, Questions 1.a.-2.And Part 4, Questions 1-3d The household member provides this employment information and current individual annual income. In the beginning of Part 5 The sponsor (or, if appropriate, a joint sponsor or substitute sponsor) must print their name and the number of intending immigrants being sponsored. This number should include all intending immigrants that were listed in Part 5, Questions 1.a-25 and those listed in Part 9, Additional Information (if any). Part 5 List only the intending immigrants that are being sponsored on Form I-864. Part 5, Questions 31.a.-31.b. The sponsor (or, as appropriate, a joint sponsor or substitute sponsor) must sign and date the form. The signature needs to be original (not a photocopy). Part 6, Questions 6.a-6.c The household member must print, sign and provide the date of signature in black ink. The signature needs to be original (not a photocopy). Supporting Documents Checklist The following items must be submitted with Form I-864A: For ALL sponsors: For SOME sponsors: FREQUENTLY ASKED QUESTIONS How do I calculate my household size? The Form I-864 asks for the financial sponsor’s household size. When calculating their household size, sponsors must include: A sponsor does not have to include people on other I-864s who have not yet immigrated to the United States. Who can be a Financial Sponsor? A financial sponsor, including a petitioner, must be at least 18 years old and either a U.S. citizen or a lawful permanent resident (LPR). The sponsor must also have a domicile (residence) in the United States. What are Poverty Guidelines? Petitioners must meet a minimum income level, called the Federal Poverty Guidelines, in order to financially sponsor a visa applicant. The Poverty Guidelines in effect on the filing date of an Affidavit of Support are used to determine whether the income requirement is met. You can find these guidelines on USCIS’s website. What happens if the petitioner doesn’t have enough income? Petitioners who cannot meet this level have two choices: 1) find a “joint sponsor” who will agree to also financially support the visa applicant, or 2) use the income of a household member to meet the Poverty Guidelines. These additional financial sponsors also have to submit an Affidavit of Support, proof of their income, and proof of their legal status in the United States. Remember: Even if a petitioner finds a joint sponsor or uses the income of a household member to financially sponsor a visa applicant, that petitioner must still submit an Affidavit of Support. Is a sufficient Form I-864 the only consideration for meeting any public charge issues at the time of the visa interview? No, consular officers also look at other public charge factors affecting the financial situation of both the financial sponsor(s) and the applicant. Age, health, education, skills, financial resources and family status of the applicant and the sponsor are factors. If the poverty guidelines change between the time the petitioner signed the Affidavit of Support and the issuance of an immigrant visa, must the petitioner/sponsor and joint sponsor, if required, submit a new Form I-864? No, the Form I-864 remains valid indefinitely unless evidence of failure to meet the poverty guidelines in effect on the date of I-864 filing arises. Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support? No, the law does not recognize offers of employment in place of the Form I-864. A job offer may show ability of the applicant to overcome ineligibility as a public charge, but does not meet any I-864 requirement. How can a sponsor use assets to meet the minimum Federal Poverty Guidelines? If a sponsor’s income does not meet the minimum Federal Poverty Guidelines, he or she can submit the value of assets to make up the difference unless the sponsor is submitting a Form I-864EZ. When looking at income levels, the consular officer will look at the sponsor’s employment income first. Personal

Once you receive the I-918 approval notice indicating you are in U nonimmigrant status, can you can travel outside of the United States? Technically, individuals in U nonimmigrant status are eligible to apply for a U visa abroad at a U.S. consulate and may be able to use that visa to reenter the United States after a trip abroad. While theoretically possible, it would not be advisable.  There are also two serious concerns that would arise relating to unlawful presence bars and the continuous physical presence requirements for U nonimmigrants to be able to adjust status and obtain a green card after three years in U status.  Unlawful Presence Bars There are also complications that arise from unlawful presence. If the U visa holder accrued unlawful presence, which most have, then departure from the United States will trigger a three- or ten-year bar making them inadmissible. Once a U nonimmigrant that is outside of the country has triggered a new ground of inadmissibility such as the unlawful presence, they will need to apply for a new waiver of inadmissibility on Form I-192 (any existing I-192 that was approved will only cover grounds of inadmissibility that existed at the time it was approved not grounds that were triggered after). They will be required to remain outside of the United States during the adjudication of the waiver.  Note: This is because they are outside the United States and reentering thus they must be admissible, otherwise new grounds of inadmissibility would not necessarily require a new waiver for purposes of adjustment of status.  Continuous Physical Presence Requirements for Adjustment of Status In Three Years Further it may create an obstacle to later eligibility to adjust status to become  a legal permanent resident and get a green card. In order for U visa holders to apply for adjustment of status to lawful permanent residence, she must demonstrate continuous physical presence in the United States. The regulations state that “an alien shall be considered to have failed continuous physical presence…if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate of 180 days.”  Since it will almost certainly take more than 90 days to process the visa and/or waiver needed, the U visa holder will likely become ineligible for adjustment of status since they will have an interruption in their continuous physical presence.  Grounds of Inadmissibility Triggered After The Approval  U visa holders are not required to demonstrate their admissibility when applying to adjust their status pursuant to INA §245(m). Thus, when the U visa holder applies to adjust her status, there is no need—and, indeed, no mechanism—for USCIS to waive her smuggling ground of inadmissibility, and the existence of the unwaived ground of inadmissibility will not preclude them from adjusting status. However, the new ground of inadmissibility may (and very likely will) factor into USCIS’s determination as to whether discretion should be exercised in the applicant’s favor. Therefore, it is likely that it will ultimately end up preventing them from being able to adjust status just under a different legal ground.  Per the regulations, where new grounds of inadmissibility and other adverse factors are present at the adjustment stage, the applicant may “offset” them “by submitting supporting documentation establishing mitigating equities that the applicant wants USCIS to consider when determining whether or not a favorable exercise of discretion is appropriate.” See 8 CFR §245.24(d)(11). Depending on the nature and severity of the adverse factors, “the applicant may be required to clearly demonstrate that the denial of adjustment of status would result in exceptional and extremely usual hardship.” See 8 CFR §245.24(d)(11). [The regulations provide that “USCIS will generally not exercise its discretion favorably in cases where the applicant has committed or been convicted of a serious violent crime, a crime involving sexual abuse committed upon a child, or multiple drug-related crimes, or where there are security- or terrorism-related concerns.” Id.] In that scenario, if trying to overcome new grounds of inadmissibility, you would want to try to tie the new ground of inadmissibility or other adverse factor(s) to the applicant’s victimization and/or cooperation with law enforcement. Though such a showing is not legally required, it can serve as a strong mitigating equity. Address and provide evidence of the humanitarian considerations and disruption to family unity that will result if USCIS denies the adjustment application.

WHAT IS THE SELECTIVE SERVICE? The Military Selective Service Act requires that all men (including anyone whose gender was assigned as male on their birth certificate) living in the United States register with the Selective Service System (SSS) within 30 days of their 18th birthday. The SSS is used by the U.S. government in times of war to draft soldiers into service. While there are currently no plans to draft soldiers into the military, the U.S. government views the Selective Service as an important readiness tool in case there is a significant military conflict that requires more troops than have voluntarily joined the military. This law applies to all men living in the United States, including U.S. citizens, green card holders, people in valid immigration status, as well as anyone whose status has expired or is otherwise undocumented. Only men who are in the United States between the ages of 18 and 26 years old are required to register. ARE THERE ANY EXCEPTIONS? Yes. First, if you entered the United States after the age of 26 or were not in the United States between ages 18 and 26, you do not need to register because you entered after the required age. Second, if you are in a valid non-immigrant status (such as a student visa) until the age of 26, you are seen as living here only temporarily because of the temporary nature of your visa and not required to register. Third, men born after March 29, 1957, and before December 31, 1959, are not required to register. SEE CHART OF WHO MUST REGISTER FOR SELECTIVE SERVICE HOW TO: CHECK YOUR SELECTIVE SERVICE REGISTRATION If you are a man – or were assigned the gender of male at birth – and you were in the United States between the ages of 18 and 26 years old, you should check yourSelective Service record to see if you registered. If you became a lawful permanent resident between the ages of 18 and 26, USCIS may have sent your information tothe SSS based on your permanent residence application, and you may have been registered that way. ONLINE: If you registered for the Selective Service with your Social Security number, you can verify your registration online at https://www.sss.gov/verify/. You will need to provide your last name, Social Security Number, and date of birth.If a record is found, you can download and print an official Selective Service Registration Acknowledgement Letter from the web site and include it with your application. BY PHONE: If you can’t verify your registration because you don’t or didn’t have a Social Security number at the time you filed, you will have to call the SSS at 888-655-1825. WHAT IF I WAS SUPPOSED TO REGISTER AND DIDN’T? If you have not or did not register and you are between the ages of 18 and 26, you should register immediately. If you are over the age of 26 but were in the United States between the ages of 18 and 26,and the failure to register was within the good moral character time period, you will have an opportunity to submit your statement and other evidence to USCIS showing that you did not knowingly or willfullyfail to register. USCIS may also require you to submit a Status Information Letter stating whether you were required to register. You can find this form online by visiting https://www.sss. gov/verify/sil/, which you will have to download, complete and mail to the address below: SELECTIVE SERVICE SYSTEMATTN: SILP.O. BOX 94638PALATINE, IL 60094-4638You can also call the SSS to request the Status Information Letter by phone at 847-688-6888. WHEN I REGISTERED FOR SELECTIVE SERVICE, I MAY HAVE USED A SOCIAL SECURITY NUMBER (SSN) THAT WAS NOT MY OWN. WHAT SHOULD I DO? You can update your Social Security number with the SSS by calling 1-847-688-6888 during business hours (9am to 5pm Eastern). Changes can take several weeks to complete, and the SSS will send you a new registration letter with the updated information. You can also write to the SSS and request the change: SELECTIVE SERVICE SYSTEMP.O. BOX 94638PALATINE, IL 60064-4638 WHAT ABOUT TRANSGENDER INDIVIDUALS? ACCORDING TO THE US GOVERNMENT (from SSA.gov): US citizens or immigrants who are born male and changed their gender to female are still required to register. Individuals who are born female and changed their gender to male are not required to register. OPM notes that “transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g. the sex listed on an original birth certificate). The OPM Guidance further explains that the term “transgender woman” is typically used to refer to someone who was assigned the male sex at birth but who identifies as a female. Likewise, OPM provides that the term “transgender man” typically is used to refer to someone who was assigned the female sex at birth but who identifies as male. > The legal authority is based on the Military Selective Service Act (MSSA), which does not addressgender identity or transgender persons. >Presidential Proclamation 4771 refers to “males” who were “born” on or after January 1, 1960. >Changes to the MSSA involving Selective Service registration requires Congressional action. It cannotbe changed through Presidential Proclamation or Executive Order. As such, the registrationrequirement remains based on the assigned gender at birth. NOTE: Transgender students are welcome to call us at 888-655-1825 regarding their registration requirements if they need a status information letter from Selective Service that clarifies whether or not they are exempt from the registration requirement. Individuals who have changed their gender to male will be asked to complete a Status Information Letter (SIL) request form and provide a copy of their birth certificate. Keep your original SIL and send copies to state-based financial aid institutions if needed. FUN FACT: THE SELECTIVE SERVICE SYSTEM’S ANNUAL BUDGET IS $26,000,000.00 Learn more about the requirements for selective service registration from the government’s website.