Working with Clients on U Visa Declarations The declaration tells how applicant’s circumstances meet the legal requireme

1. Working with Clients on U Visa DeclarationsThe declaration tells how applicant’s circumstances meet the legal requirements for a benefit.

2. Declaration Basics • Form • Signed under penalty of perjury • Relevant Requirements Sections • Divided into short paragraphs • Generally chronological within sections • Must be credible • Must be relevant to legal requirement

3. Credible • Detailed and Specific • Should not say “He would always” • Use at least three very detailed, specific examples • Consistent • Supported by other documentation

4. Relevant • Declaration should focus on, in order of priority: • Helpfulness in Reporting crime • Helpfulness in Telling Police What Happened • Helpfulness in Follow Up • Details of the criminal activity • Substantial Abuse • Eligibility for Inadmissibility Waiver

5. Working with your client on declarations about Domestic Violence • Demystify • Avoid Retrauma • Relevance • Details • Context

6. DEMYSTIFY • Figure out at the beginning how she wants you to record her story. Most clients prefer that we are facing them, either using a notepad or keyboard (keyboard is much easier later). • Let her know why you’re asking each question. • Explain legal requirements and role of declaration in showing how she meets them. • Explain that an immigration case focuses on different issues than divorce or child custody, so some things that are very important (like infidelity) to her may not be needed for the declaration. • Explain that it may take a few sessions to finish it. Assure her that most people can’t remember everything in one session • If she remembers something else later, ask her to write it down to tell you the next time. • Assure her that you want to hear the story however it comes out, and that later you can work together to put it into chronological order.

7. Avoid Retrauma • Make sure tissues and water or tea are immediately available. • Make sure you are in a private workplace. • Tell her that no matter what, the appointment will only be two hours (to prevent exhaustion), and that you’ll let her know when there are about 10 minutes left so the two of you can wrap up. That’s why there are at least two appointments for the declaration. • Tell her that working on a declaration can be upsetting, and you want her to have control over the appointment so it doesn’t become traumatic. • Ask her if there are things she wants you to do if the session becomes too upsetting (like calling a friend or taking a break) • Start and end the interview with mundane matters, including: • Completing biographic information on forms, fee waivers, etc. • Talking about her good moral character for waiver. • Brainstorming where to get additional documentation/evidence. • Don’t obviously look at the time, but have a way to know when it’s 10 minutes before the end of the interview, and tell her it’s time to recap and figure out what you’ll be doing next time.

8. Details • Explain that detail is very important – that you want to help her paint a picture of the events for the USCIS officer who will read her declaration. • Permit her to tell story at her own pace, but • Ask concrete questions to get more detail when there are opportunities to do so. • It might help to put a reminder note next to your narrative so you’ll remember to come back to that incident for more detail.

9. Context • Describing Abuse: U Visas are for crime victims. Everything else in the application process can be empowering, but the declaration is one place to permit the tone to be more passive. • “He screamed at me” is more relevant to showing abuse than “we argued,” and is just as true. • “He pulled my hair” is more relevant to showing abuse than “we started slapping eachother and I tried to push him away and he grabbed my hair,” and just as true. • Describing Helpfulness. U visas are for people who help law enforcement, and the tone in this part of the declaration should be active, with specific examples of how helpful s/he was. • “I told the police everything that had happened and told them I wanted him arrested” is more relevant as “I answered all of their questions and made a report,” and just as true.

10. How She Meets Requirements: Start with the police report • Go over the police report(s) with her to find out whether it is accurate, and how and why it is inaccurate. The accurate parts can serve as the foundation for the U Visa declaration. Inaccurate parts should be addressed in the declaration as well.

11. The DV Crime • Briefly, what led up to it • Very specific details of the crime. Give at least two details about each aspect, including: • Where did things start? Did they move to another place? • Where were the perpetrator and victim in relation to each other at any given time? • What exactly did the perpetrator say? • How did perpetrator assault and injure her? • Hit, choke, punch, shove, etc.

12. Helpfulness: the Key to the U • How police got involved • Interactions with police at the scene • What was said about wanting perpetrator arrested or charged? • [Corrections in police report if needed] • Follow Up

13. How Police Got Involved • Who Called the Police? How? • What did operator say? • How long did it take for police to arrive? • What happened during that time? • How did they come in/identify themselves?

14. Answering Questions about the Crime • How were you and police officers able to communicate? • Was an interpreter available? How? • Spanish fluent officer? • Language access line? • Family member? Who? • Friend or neighbor • What specific questions did they ask? • List three specific words they used. • What specific answers did you give? • List three specific words you used • Did you tell police about other incidents? • What did you say?

15. Want Perpetrator Arrested? • Did you say you wanted the perpetrator arrested? • Did you say you wanted the perpetrator “charged” or that you wanted to press charges? • How did they ask? • What did you think they meant? • What did you say exactly?

16. Problems With Helpfulness in Report • What problems are there, and why? • Do you think the police officer(s) understood you well? • What do you think they missed? • Did police leave you with anything? • DV resource card or pamphlet? • Business card of patrol officer or detective? • Number of the police report?

17. Follow Up: Criminal Case • Was the perpetrator arrested? • Was the perpetrator jailed? • How long was he in jail? • Were charges brought against him (was he ordered to go to court? Were you subpoenaed to go to court?) • Were you contacted by the District Attorney’s office? • Then what happened?

18. Follow Up: Victim Self Protection • Did you get an Emergency Protective Order from the police? • Did an investigator from the police department call you? If so, what happened? • Was the call in your language? • If not, what did you do? • Did you call back? • What happened when you called back? • Did a domestic violence advocate call you? If so, what happened? • Did you get a Temporary Restraining Order? • Did you get a Restraining Order After Hearing? • Has the perpetrator violated the RO? • If so, did you call the police? • What happened? • If you let him come back, why? • Then what happened?

19. Substantial Abuse: This is not the time to be stoic • Abuse from this incident AND history of abuse • Physical injury • Intensity of pain • Duration of pain • Permanence of injury or scarring • Restriction of activity • Emotional harm • Humiliation • Completeness of control • Trauma checklist factors (sleeplessness, despair, etc.)

20. Describing Substantial Abuse in DV Cases • Domestic Violence strongest elements • Battery: physical abuse and/or threats • Emotional cruelty – two aspects • Abuser’s intent to dominate, control, humiliate, subjugate • Applicant was/felt dominated, etc. • USCIS does not generally consider the following DV unless they are directly linked to intent to dominate, control, humiliate, subjugate • Abandonment • Infidelity • Drug use • Spouse is a jerk • Inattentiveness • Emotional or financial stinginess • Rude to family or friends

21. Request for Inadmissibility Waiver • Just one paragraph if one minor violation, More details for more violations • Equities (can use worksheet) • Good parent – examples • Good worker – examples • Attend religious institution, donate, volunteer • Support family in US and/or home country • Good community member (volunteering, etc) • Helped law enforcement and would do it again • Hardships to self and family if she has to leave US (can use worksheet) • If she has to leave kids in US • If she has to take kids with her out of US • Fear of perpetrator • Fear of crime/no protection • Living conditions • Education • Ability to support self and family

22. Non-DV Crime: Sexual Assault • Describe Crime like DV crime • Describe Helpfulness like DV crime • Substantial Abuse: High Risk of retrauma: • Ideally, sexual assault counselor will work on the declaration with the applicant or write a supporting letter with details so that the applicant only needs to state in the declaration: I was the victim of a violent sexual assault on 00/11/2222 in Oakland, California. I suffered extreme mental anguish and am still seeing a counselor to learn to cope. • If this isn’t possible, we need to strategize about how to approach thedeclaration, depending on the trauma involved and resources available to the client. • Equities and Hardships for waiver like DV crime.

23. Non-DV Crime: Felonious Assault • Describe crime like DV crime • Describe helpfulness • Where perpetrator identified/caught easier • Where perpetrator not identified/caught, much more detail • Describe substantial abuse like DV crime. • Equities and hardships like DV crime.

24. Helpfulness in Felonious Assault Case: Perpetrator Identified • If perpetrator identified, describe helpfulness like DV or sexual assault cases. • Who called police? • What questions asked and answered? • Follow up after incident by police • Follow up after incident by prosecutors • What ultimately happened to perpetrator?

25. Helpfulness in Felonious Assault Case: Perpetrator Not Identified • This is harder: need a strong declaration as well as a Supplement B. Include details about what the client told the police, e.g. about: • gang activity in the area • threats against her and/or friends/family • crime in the area • own (non)involvement in gang, group, etc.

26. Perpetrator Not Identified: Need Very Specific Details • Give very specific details about what client did to try to identify perpetrator. • Not: I asked everyone I knew to call the police if they knew anything. • Instead: On February 27, I talked to Mauricio to see what he could remember about the shooting. He said he saw a black car drive away, but was too occupied with calling the ambulance that he didn’t think to get the license plate. On February 28, John and Phillip tole me that they’d heard that other people had been attacked by a group of teenagers like I was. I asked if they would call the police to report that, and John said he wouldn’t, but Phillip said maybe. I gave him the number of Sergeant Brown and urged him to call. • Or; . “I knocked on the doors of six apartments in my building and talked with four people, including James, Julia, Helen and John. James, Julia and Helen said they hadn’t seen anything, but John told me that he’s seen a green car in the parking lot before I got shot. I called Detective Jones and told him what John had told me