918 FOIA Production Index_2nd production.xlsx

	A	B
1
2	1	I-918 U training Instructor Guide, revision date 10/26/20
3	2 to 12	Module 1: General Training Overview
4	13 to 18	Module 2: Section 384/8 USC 1367
5	15	USCIS can't use "squeal letters" or confessions, accusations, or admissions by alleged abuser or abuser's family. Can use evidence from other third parties, like landlords
6	16	Only officers assigned to victim-based adjudications can change addresses
7	17	Priority list to determine safe address: 1. address of attorney of record on the G28; 2. safe address on the form; US mailing address on the form; preparer's address on the form
8	19 to 40	Module 3: Eligibility
9	20	I-918 Supp B. Can be signed by detective or sheriff but only if in supervisory role
10	20	I-918 Supp B. Cert holds significant weight but is not conclusive evidence.
11	22	"must be more than just a report for the sake of a report"
12	22	"Petitioner cannot refuse prosecution or arrest. …If the victim refuses prosecution or arrest, this is seen as taking away from their helpfulness."
13	23	Example of "similar activity": CA PC 211 Robbery "substantially similar to felonious assault if a weapon was involved". In domestic violence crimes, "not many states…have a domestic violence statute…we must further examine the crime and see if it meets our definition of domestic violence...if no penal code, what is checked on Part 3 and what evidence in the file helps to substantiate this"
14	24	Qualifying crime and similar activity: need to read essential elements of the specific certified crime. Look up the state criminal statutes.
15	26	Direct Victim- Bystanders. Witnesses who suffer unusually direct injury. Grief alone does not count. Must articulate the harm suffered. Discretionary determination.
16	27	Indirect Victim. Direct victim is deceased (murder and manslaughter). Direct victim is incompetent or incapacitated. In example, 15 year old is incompetent or incapacitated.
17	28	Bystander direct victim examples- pregnant woman witnesses violent crime and has a miscarriage, someone witnesses violent crime and has a heart attack
18	29	Witness tampering, obstruction, perjury- harm must be more than monetary.
19	30	Culpable victims. Noncitizen is not necessarily culpable if smuggling turns into qualifying criminal activity
20	31	Substantial abuse "may not include a one-time incident that is not severe such as a one-time incident of slapping in domestic violence"; consider severity of injury an severity of abuse the perpetrator inflicted; case-by-case determination, totality of circumstances
21	31	Substantial Abuse: injury, harm, or damage to victim's physical person, emotional soundness or psychological soundness
22	32	Evidence of substantial abuse
23	32	Substantial abuse: rape, murder, manslaughter, FGM so violent or damaging by definition that they don't usually ask for additional evidence of substantial harm
24	33	3-prong test. 1. is certified crime a QCA? 2. do essential elements require violent, aggressive, or damaging acts by the perpetrator? 3. has petitioner provided statement and any other supporting documents? Then yes, substantial abuse is met.
25	34	Information: if victim is under 16, then "next friend" can satisfy the information requirement for the minor. Next friend "must be court appointed"
26	35	helpfulness- if victim refuses to assist after reporting, they are not eligible. Next friend cannot qualify for U visa based on being "next friend"
27	36	If I-918 Supp B certification is only evidence of helpfulness, it can establish helpfulness as long as nothing else in the file contradicts helpfulness
28	37	if crime took place outside the US but violated US law, the section of law must demonstrate extraterritorial jurisdiction
29	41 to 47	Module 4: Documentary Requirements
30	41	standard of proof--preponderance of the evidence, 51%. Clear and convincing 85%, beyond a reasonable doubt 100%
31	41	INA 214(p)(4) any credible evidence standard
32	42, 43	Initial U-1 evidence, including passport valid at time of filing. If primary evidence not available, must explain why and provide secondary evidence. Affidavit is sworn statement by person who has personal knowledge of facts, must include copy of government-issued ID
33	43	Qualifying family members. Age of derivative determined at time the principal filed the 918
34	44	Qualifying family members--family applications should be adjudicated together
35	44	U3 age locked in on date the I-918 is receipted
36	45	918A requires original signature of petitioner and original signature of derivative (if deriative is in the US)
37	48	Module 5: Ground of Inadmissibility "is in a separate instructor guide"
38	49 to 57	Module 6: I-918 IDENT
39	50	Valid fingerprints required prior to 918 approval; prints valid for 15 months
40	50	Instructions for reviewing FBI RAP sheet
41	51	If disposition shown on RAP sheet, they can use it to approve. They cannot use RAP sheet dispositions to deny a case.
42	52	Definition of conviction
43	52	if adjudication withheld, 2 prongs must be met for a conviction: 1. verdict, plea, or finding of facts, AND 2, punishment or restraint on liberty
44	53	Examples that constitute convictions or not
45	54	Conviction vacated for rehabilitative purpose or to avoid immigration consequences is a conviction for immigration purposes
46	54	Juvenile delinquency adjudication is NOT a conviction
47	55	If judgment and conviction documents not submitted, request via RFE
48	58 to 58	Module 7: Validity Dates
49	58	Validity can be extended if principal or derivative outside the U and consular processing delays
50	58	U3 validity dates can go beyond principal's. For other derivatives, can file 539
51	59 to 65	Module 8: Processes
52	59	Security and background checks to be conducted before final adjudication. Describes databases, types of info contained
53	60	RFE notes- grammar and spelling matter, not supposed to use boilerplates
54	61	Templates in ECHO are vetted, do not alter or add to them
55	62	Language not recommended in RFEs. "Do not use words like 'blatant' or 'disregard'"
56	62	Upon Notice revocation of U status--certifier withdraws cert, approval in error, fraud in the petition, derivative/principal relationship ended, principal revoked
57	63	All trafficking claims need ICE referral. ICE notification letter goes on non-record side of file.
58	64	If unable to obtain A file, can adjudicate with T file with SISO concurrance
59	65	Common places to find aliases
60	66 to 71	Module 9: Waitlist Process
61	72 to 73	Module 10: Quizzes
62	74-77	References, Review activity, reading assignments
63	78	I-918 Adjudication Training: Student Guide. October 2020
64	80-83	Table of contents
65	84	Overview
66	85 to 87	Module 1: General Training Overview
67	86	List of policy memos and resources
68	87	Definitions
69	88 to 89	Module 2: Section 384/8 USC 1367
70	90 to 99	Module 3: Eligibility
71	94-95	Direct and indirect victim
72	96	Substantial abuse
73	97	Possesses Information
74	98	Helpfulness
75	100 to 104	Module 4: Documentary Requirements
76	100	Application without a I-918 Supp B certification may be denied without RFE; Application with a photocopied I-918 Supp B certification requires an RFE
77	101	Qualifying family members
78	102	U3 child's locked in at time of filing 918 as long as I-918 filed before U-3 turns 21 AND remains pending when U-2 turns 21, children born overseas to principal after filing are eligible; siblings must remain unmarried
79	102	Derivative EAD valid for duration of visa (implies that derivative will have to file another 765 after filing a 539)
80	103-104	Initial evidence for qualifying family member
81	105 to 117	Module 5: Section 212(a) Grounds of Inadmissibility
82	106	Definitions of conviction and sentence. Probation can support conviction but not sentence.
83	107-108	CIMTs. No categorical analysis info present.
84	109	CSO, multiple convictions, drug trafficking, human trafficking, money laundering
85	110-111	Immigration violations
86	112	3-year, 10-year, perm bar (10-year bar + illegal reentry)
87	114	I-192 inadmissibility and Waivers. What (d)(3) and (d)(14) cannot waive
88	115	Discretion- "consider number and severity of convicted crimes" (italics added); dangerous/violent crimes warrant favorable discretion only in extraordinary circumstances. No mention of national or public interest.
89	115	Sets out Hranka factors for (d)(3). Does not explicitly say that (d)(14) is supposed to be the U waiver standard
90	116	EWI, passport, unlawful presence, basic fraud/misrep, low-level crim can be approved without SISO signoff. Summary Memo sign off needed for CIMTs, multiple convictions, drug convictions, gang membership
91	116	RFE for I-693 for medical waiver requires SISO approval and has to articulate based on evidence in the record why it is requested
92	117	Processing I-192s: FBI name check response placed on non-record side; Summary Memo not needed for denials, only for "controversial" approvals; placed on non-record side of file.
93	118	Module 6: IDENT
94	118	Partially redacted as to when to continue adjudicating vs require two unclassifiable responses and state/local clearances
95	119	List of possible evidence of a conviction. Draws on but does not cite 8 CFR 1003.41
96	120	Module 7: Validity Dates
97	121	Module 8: Processes
98	121	Processes for sending copies to Kentucky Consular Center
99	121	Common places to find aliases
100	122	RFE information, one size doesn't fit all, etc