60-Day Public Comment Response Matrix

Form I-192-016 Revision - Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2008-0009
60-day FRN Citation (federalregister.gov): 88 FR 29685
Publish Dates: May 8, 2023 – July 7, 2023
Comment #
1.

Commenter ID
0065

Comment
Commenter: Coalition to Abolish
Slavery and Trafficking (CAST)
General Instructions
Current Language: Filing Fee. You
must pay the appropriate filing
fee for each application you
submit. (See the What Is the
Filing Fee section of these
Instructions.)
Suggested Change: Filing Fee.
You must pay the appropriate
filing fee for each application you
submit or I-912, Request for a
Fee Waiver. (See the What Is the
Filing Fee section of these
Instructions.)
Explanation: Both applicants of T
nonimmigrant status and U
nonimmigrant status are eligible
to see a waiver of fees using
Form I-912, Request for a Fee
Waiver. As the agency noted in
its U.S. Citizenship and
Immigration Services Fee
Schedule and Changes to Certain
Other Immigration Benefit
Request Requirements, 88 Fed.
Reg. 402, 460 (Jan. 4, 2023),
applicants for T nonimmigrant
status are an especially
vulnerable population. Many
trafficking survivors and their
families face financial difficulties
following the survivor's
victimization. We acknowledge
that USCIS is currently proposing
fee schedule changes. However,
until those changes are
implemented, CAST recommends
that USCIS explicitly recognize

USCIS Response
Response: USCIS has updated the
section “Filing Fee” under the General
Instructions to include language that
there is information located under the
“What is the Filing Fee?” section for
eligibility for fee waivers.
The form instructions currently state:
“What Is the Filing Fee?
The filing fee for Form I-192 depends
on the agency that makes the decision
on your application.
1. If filing with USCIS, the filing fee
for Form I-192 is $930.
2. If filing with CBP, the filing fee
for Form I-192 is $585.
A fee waiver request will be
considered in accordance with 8 CFR
103.7(c) for the following individuals:
1. An applicant for T nonimmigrant
status; and
2. A petitioner for U nonimmigrant
status.
In addition, they state:
“Fee Waiver - USCIS Applications
Only
You may be eligible for a fee waiver
under 8 CFR 103.7(c). If you believe
you are eligible for a fee waiver,
complete Form I-912, Request for Fee
Waiver (or a written request), and
submit it and any required evidence of
your inability to pay the filing fee with
this application. You can review the
fee waiver guidance at
www.uscis.gov/feewaiver.”

Form I-192-016 Revision - Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2008-0009
60-day FRN Citation (federalregister.gov): 88 FR 29685
Publish Dates: May 8, 2023 – July 7, 2023

2.
0065

that applicants can submit the I192 with a fee waiver. This
acknowledgment would be
particularly beneficial since
Forms I-914 and I-914
Supplement A do not require
fees. By including this
requirement in the instructions,
it will serve as a reminder to T
nonimmigrants to include either
the fee or fee waiver when
submitting their application
Commenter: Coalition to Abolish
Slavery and Trafficking (CAST)
How to Complete Form I-192 –
USCIS Online Account Number.
Recommendation and
Explanation: CAST suggests
including a note in this section to
highlight that information
regarding applications protected
under the VAWA confidentiality
provisions of 8 USC §1367 may
not be accessible through the
USCIS Online systems. As a
technical assistance provider, we
have observed that many
practitioners and applicants are
unaware that their case
information is not accessible
through all of the mechanisms
provided by USCIS due to privacy
protections. Noting this in the
instructions could serve as a
reminder to practitioners that
they cannot use this method to
obtain the case status of the
Form I-192 if it was submitted in
conjunction with the T and U
nonimmigrant forms

Thus, with this additional clarification,
USCIS believes the instructions
sufficiently inform applicants that they
may request a fee waiver.

Response: While some Forms I-192
may not be available for checking their
status in USCIS online systems, an
applicant may generally check the
status of their submitted Form I-192 in
USCIS Case Status Online. While USCIS
appreciates the commenter’s position
regarding individuals protected by 8
U.S.C. 1367, form instructions are
intended to be instructions for
completing the form, providing data,
answering questions and required
evidence. USCIS forms are generally
lengthy, and we attempt to minimize
the amount of policy guidance we
include in this context. Thus USCIS
believes the commenter’s
recommended advisals regarding 8
U.S.C. 1367 for USCIS online systems is
not appropriate for form instructions
but will consider this recommendation
for other resources.

Form I-192-016 Revision - Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2008-0009
60-day FRN Citation (federalregister.gov): 88 FR 29685
Publish Dates: May 8, 2023 – July 7, 2023
3.
0065

Commenter: Coalition to Abolish
Slavery and Trafficking (CAST)
Item Numbers 10.-11. Address
History
Recommendation and
Explanation: CAST suggests the
inclusion of additional
instructions that would allow T
and U nonimmigrant applicants
to provide only the city and state
for certain addresses. It is
important to recognize that many
victims of crime may be unaware
of specific locations where they
were held or may have stayed in
confidential shelters, making it
difficult for them to provide
precise physical addresses. By
providing further instructions
that take into account the unique
circumstances of crime victims,
USCIS acknowledges that
applicants may not have access
to detailed information about
their experiences. Similarly, CAST
recommends providing
instructions on how applicants
can indicate only the month and
year for certain locations. (This
includes allowing flexibility in the
PDF form for the dates.) Many
applicants frequently move due
to their victimization, making it
challenging for them to recall the
exact dates associated with each
location. Including instructions
that allow for the use of
approximate dates acknowledges
the transient nature of their
circumstances.

Response: All applicants should
provide physical addresses for
everywhere they have lived to the
extent they are able. Failure to
provide a complete address for all
places lived will not result in rejection
or denial of the request by USCIS
when the form is submitted for T and
U nonimmigrants.
CBP utilizes e-SAFE, an online system
that allows for e-filing of Form I-192,
Application for Advance Permission to
Enter as a Nonimmigrant, and Form I212, Application for Permission to
Reapply for Admission into the United
States After Deportation or Removal.
Electronic submission of Form I-192
via e-SAFE requires address history for
the last five (5) years. This
requirement was built into e-SAFE
since the becoming available to
remain consistent with the Form I-192
Instructions. If an applicant submits
the Form I-192 paper application
without the address history at a CBP
Port of Entry (POE), the CBP POE may
or may not accept it.

Form I-192-016 Revision - Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2008-0009
60-day FRN Citation (federalregister.gov): 88 FR 29685
Publish Dates: May 8, 2023 – July 7, 2023
4.
0065

Commenter: Coalition to Abolish
Slavery and Trafficking (CAST)
List each crime separately.
Recommendation and
Explanation: CAST recommends
that USCIS include a note stating
that vacated crimes, meeting the
Pickering standard (Pickering v.
Gonzales, 465 F.3d 263 (6th Cir.
2006)), do not need to be listed
or waived on the Form I-192. This
exemption applies solely to
vacated crimes resulting from
"Constitutional defects, statutory
defects, or pre-conviction errors
affecting guilt." Id. Many
trafficking survivors are coerced
into committing crimes as part of
their victimization. State
legislatures are increasingly
acknowledging forced criminality
and enacting vacatur legislation
to allow the vacatur of criminal
acts for trafficking victims. These
vacatur laws recognize the legal
errors in convicting certain
survivors and lead to the
destruction of their criminal
records. For instance, in
California, under Cal. Penal Code
§236.14(k), government agencies
are required to seal and destroy
such records. Although the
applicant may possess a copy,
there is no recourse for obtaining
another copy from the court in
case of its loss, leaving the
survivor unable to meet the
requirements of USCIS.
Therefore, CAST advises USCIS to
acknowledge that if a crime has
been vacated, additional
documentation is unnecessary,

Response: Thank you for raising this
concern. USCIS will explore
opportunities to address this
recommendation in the USCIS Policy
Manual or operational guidance.

Form I-192-016 Revision - Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2008-0009
60-day FRN Citation (federalregister.gov): 88 FR 29685
Publish Dates: May 8, 2023 – July 7, 2023

5.
0065

and the crime does not need to
be listed or waived on the Form I192
Commenter: Coalition to Abolish
Slavery and Trafficking (CAST)
What is the Filing Fee? – 3. If you
live outside the United States…
Current Language: If you live
outside the United States,
contact the nearest U.S. Embassy
or U.S. Consulate for instructions
on the method of payment.

Response: USCIS has updated the
section “What Is the Filing Fee” to
include updated language for
Applicants for T and U nonimmigrant
status.

Suggested Change: If you live
outside the United States,
contact the nearest U.S. Embassy
or U.S. Consulate for instructions
on the method of payment.
Applicants for T and U
nonimmigrant status, even if
located outside of the United
States, shall pay the filing fee or
submit the fee waiver to the
appropriate address as listed in
“Where to File”.

6.
0065

Explanation: This clarification is
intended for T nonimmigrant
derivative applicants, as well as
certain U nonimmigrant
applicants who may be abroad,
to inform them that they must
submit their fee or fee waiver to
either the Vermont or Nebraska
Service Centers.
Commenter: Coalition to Abolish
Slavery and Trafficking (CAST)
USCIS Processing
Recommendation and
Explanation: CAST recommends
that USCIS provide clarification

Response: USCIS will explore
including guidance in the USCIS Policy
Manual on the inadmissibility waiver
question raised.

Form I-192-016 Revision - Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2008-0009
60-day FRN Citation (federalregister.gov): 88 FR 29685
Publish Dates: May 8, 2023 – July 7, 2023

7.
0065

on the transferability of an
approved Form I192 in light of
existing USCIS policy. Specifically,
it would be helpful for USCIS to
clarify whether the approved
Form I-192 can be used if the
applicant intends to adjust their
status through means other than
the U nonimmigrant adjustment
or T nonimmigrant adjustment
process, or if they would need to
pursue a new waiver through
alternative channels. For
instance, if a T nonimmigrant
seeks to adjust their status under
INA §245(a) for a family-based
adjustment, USCIS should clearly
state whether their previously
approved Form I-192 can be
utilized in that process.
Furthermore, CAST recommends
that USCIS includes the
Confidentiality notice found in
Forms I914, I-914A, I-918, and I918A within the Form I-192
instructions. The inclusion of this
information regarding VAWA
confidentiality, as outlined in 8
USC §1367, is crucial, particularly
because Form I-192 contains
highly sensitive information
about the applicant, including
potential criminal details.
Commenter: Coalition to Abolish
Slavery and Trafficking (CAST)
Other Information – Item 8.
Gender
Recommendation and
Explanation: CAST commends
USCIS for its commitment to
inclusivity by adding a third
checkbox for "Another Gender
Identity" on their forms.

In regards to the advisal language
relating to 8 U.S.C. section 1367, we
have included additional information
in the I-192 Form Instructions, as
similarly included in the I-914 and I918 Form Instructions. The advisals
can be found under “Specific
Instructions” in Part 3. and under
“Processing Information.”

Response: Thank you for these
recommendations. We are including a
third gender marker, noted as X to
signify “Another Gender Identity” on
the Form I-192 Form. With regard to
the addition of a field for pronouns,
the petitioner is often referred to in
the second person context in followup correspondence to the applicant on

Form I-192-016 Revision - Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2008-0009
60-day FRN Citation (federalregister.gov): 88 FR 29685
Publish Dates: May 8, 2023 – July 7, 2023

8.
0065

9.
0065

Additionally, CAST suggests
including additional two blank
boxes adjacent to the third
checkbox. The first box would
enable applicants to specify their
gender identity, ensuring that
they are correctly identified by
adjudicators or officers. The
second box would Page 5 provide
space for applicants to indicate
their preferred pronouns. This
enhancement would facilitate
agency correspondence with
applicants in situations such as
Requests for Additional Evidence
(RFEs), Denials, or other forms of
communication.
Commenter: Coalition to Abolish
Slavery and Trafficking (CAST)
Address History
Recommendation and
Explanation: CAST recommends
including a note on the form
stating that applicants are
required to provide only the city
and state for certain addresses.
Furthermore, if USCIS
incorporates CAST's
aforementioned suggestions,
USCIS can also note that
applicants can refer to the
instructions for additional
guidance
Commenter: Coalition to Abolish
Slavery and Trafficking (CAST)
Part 4 – Interpreter’s Contact
Information, Certification, and
Signature
Recommendation and
Explanation CAST suggests
including a note indicating where

this form. For this reason, this
addition would not be germane to this
particular information collection.

Response: Please refer to Response in
Comment # 3.

Response: Thank you for raising this
concern. Applicants can provide
additional information in Part 6
additional information or consider
printing out an additional Interpreter’s
Certification Form to indicate multiple

Form I-192-016 Revision - Responses to 60-day FRN Public Comments
Public Comments (regulations.gov): USCIS-2008-0009
60-day FRN Citation (federalregister.gov): 88 FR 29685
Publish Dates: May 8, 2023 – July 7, 2023
applicants can provide
information about additional
interpreters. In cases involving
rarer languages, multiple
interpreters may be required,
such as for interpretation from
English to Spanish to an
indigenous language, and vice
versa. We recommend either
allocating space for an additional
interpreter or providing guidance
on what to include in the
"Additional Information" section.

interpreters have been involved in the
case.
The form instructions state:
“Part 6. Additional Information
If you need extra space to provide any
additional information within this
application, use the space provided in
Part 6. Additional Information. If you
need more space than what is provided
in Part 6., you may make copies of Part
6. to complete and file with your
application, or attach a separate sheet
of paper. Type or print your name and
A-Number (if any) at the top of each
sheet; indicate the Page Number, Part
Number, and Item Number to which
your answer refers; and sign and date
each sheet.”
As this instruction clearly applies to
any section of the form, applicants can
use this section as necessary and
additional guidance is not needed.