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USCIS Initiates Procedures for Unaccompanied Children Seeking Asylum New Law Allows Children in Removal Proceedings to Begin Asylum Process in a Non-Adversarial Setting
Wednesday, 25 March 2009 01:52

The new procedures were created to carry out the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA). Under one of the provisions of the TVPRA, these unaccompanied children, who have been issued a Notice to Appear in immigration court, will now file their initial application for asylum with USCIS. The TVPRA also provides an opportunity for unaccompanied children, who did not previously file for asylum with USCIS and, who either have a pending claim in immigration court, on appeal to the Board of Immigration Appeals, or in federal court, to have their asylum claim heard and adjudicated by a USCIS asylum officer in a non-adversarial setting.

Further details on the asylum-related provisions of the TVPRA to protect unaccompanied children are in the accompanying USCIS Questions and Answers document. For more information about USCIS’ Asylum Division, please visit the Asylum section of our website from the Related Links section of this page.

* An Unaccompanied Alien Child (UAC) is a legal term referring to a child who: has no lawful immigration status in the United States; has not attained 18 years of age; and has no parent or legal guardian in the United States, or for whom no parent or legal guardian in the United States is available to provide care and physical custody.

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About letter of invitation

A "Letter of invitation" is supplementary information that explains a visa applicant's intended purpose of travel and often useful. A letter of invitation explaining the nature of applicant's business in the U.S. and the nature of the relationship between the inviting party and the applicant is helpful. By writing a letter of invitation, you are not legally responsible for the visitor once they get to USA, but you should provide the letter in good faith. You must give truthful information and intend to keep the promises you made in the letter.

Letter of invitation from a U.S. sponsor

Letter of invitation from a U.S. sponsor will not necessarily guarantee that the holder will receive a visa. The consular officer evaluates each visa application on its own merits according to visa law and procedures. The best help that a U.S. Citizen can give to a visitor visa applicant is to make sure that applicant has all the information they need to submit a correct application and explain fully the standards for visa issuance.