USCIS Policy Memorandum Designating Matter of L-S-M- as an Adopted Decision

Matter of L-S-M- clarifies that the exception to the civil penalties for failure to comply with an order of voluntary departure, available for certain victims of domestic violence or related abuse, does not extend to U-1 nonimmigrant victims of qualifying criminal activity. See sections 240B(d)(1)-(2) of the Immigration and Nationality Act. That said, the civil penalties only apply if an alien's failure to timely depart was voluntary. Matter of Zmijewska, 24 I&N Dec. 87 (BIA 2007), followed. Matter of L-S-M-, Adopted Decision 2016-03 (AAO Feb. 23, 2016)

Related Resources

• BIA Addresses Failure to Depart Penalty and its Exceptions Matter of Zmijewska, 24 I&N Dec. 87 (BIA 2007)