VAWA I-360 Relief

Real ID memo: Memo from Kim Curtis to Joanne Lin with Legal Momentum dated March 26, 2007, regarding potential issues in the proposed Real ID regulations that effect abused immigrant women.

VAWA Article from Immigration Handbook, 2001-02: An article entitled "Applications for Immigration Status Under the Violence Against Women Act" written by Gail Pendleton and Ann Block, and published in the Immigration & Nationality Handbook, 2001-02 ed., Published by the American Immigration Lawyers Association.

Document Gathering for Self-Petitioning Under the Violence Against Women Act: A Step By Step Guide: Written by Margot Mendelson and published by the ILRC (Immigrant Legal Resource Center), this guide offers in-depth information to the evidence required in a VAWA petition, examples of types of evidence that can be used, sample letters and other information to help with the document collection process.

Domestic Violence Expert Affidavit Guidelines: A list of guidelines for persons submitting DV Expert Affidavits as evidence in VAWA cases.

Practice Advisory RE: APPLYING FOR ADJUSTMENT OF STATUS AFTER REENTERING THE UNITED STATES WITHOUT BEING ADMITTED: I-212s, 245(i) and VAWA 2005: A Practice Advisory by By Matt Adams, Stephen Manning and Beth Werlin, and published in June of 2006, regarding applications for adjustment of status after a reentry without admission. This specifically addresses VAWA among other immigration laws.

Immigration Options for Undocumented Immigrant Children: A collection of Fact Sheets published by ILRC (Immigrant Legal Resource Center) in 2006, regarding: SJIS (Special Juvenile Immigrant Status), VAWA (the Violence Against Women Act), Family Visas, U-Visas, U.S. Citizenship, Asylum, and TPS (Temporary Protected Status). These are designed to be a quick reference guide.

Table of state birth certificate request information: A state by state guide for obtaining birth certificates, including who can request them, how to request them, and contact information.

Re-Examining ‘Battering’: Are All Acts of Violence Against Intimate Partners the Same?: A Paper by Ellen Pence and Shamita Das Dasgupta published by Praxis International on June 20, 2006. Divides violent behavior against intimate partners into 5 categories and examines each of these categories.

Battered Spouse Waivers: Information sheet about waivers for battered spouses.

VAWA 2005 Analysis and Practice Pointers: Summary and Practice Pointers for the 2005 changes to VAWA, dated 3/27/06.

VAWA 2005 Information Sheet (Spanish): Sheet by Joanne Lin and Leslye Orloff of Legal Momentum explaining the changes to the law made by VAWA 2005. This is in Spanish.

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Statutes and Legislative History

112-S Concurrent Resolution: Concurrent Resolution to change clerical error in INA §212(a)(9)(C)(iii)(II). Passed in July of 2006 by the Senate with the House concurring.

8 USC 1367: Statute prohibiting adjudicating a case based solely on information from batterer or friend or relative of a batterer. Statute also prohibits sharing of information related to a VAWA or other crime-victim relief, with anyone other than those persons so designated in the statute.

8 U.S.C. 1367: Penalties for disclosure of information. Statute for penalties for disclosure of information.

Bill H.R. 3402 with Senate Amendments: VAWA 2005 Bill as passed by the House and as amended by the Senate.

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Case Law

7th Circuit

Sanchez v. Keisler: ruling that VAWA permits the filing of a motion to reopen and the Board has the independent power to accept such a motion, whether or not an attorney mentioned this law before the Immigration Judge. (10/4/07).

Policy Guidance

Privacy Memo: INS (Predecessor of USCIS, BCIS and ICE) Memo from Paul Virtue, dated May 5, 1997, to INS workers regarding privacy for persons seeking VAWA relief.

Memo HQ204-P: Memo from T. Alexander Aleinikoff, dated April 16, 1996, regarding VAWA and the implementation thereof. This includes information about the law in general, acceptable evidence, and other information relevant to adjudication of VAWA cases. Please note, however, that this is an early memo, and some of the legislation and regulations may have changed.

USCIS Memo regarding Disposition of Cases Involving Removable Aliens: This is Policy Memo No. 110, dated June 11, 2006, from Michael Aytes to USCIS officers. This memo is regarding the Disposition of Cases Involving Removable Aliens. It discusses the relationship between USCIS and ICE when an alien has been determined to be removable. It also contains a section referring specifically to VAWA cases.

Disposition of Form I-508 and Form I-566 in Adjustment Adjudications; Revisions to Adjudicator’s Field Manual (AFM) Chapter 23.2 (AFM Update AD 06-26): USCIS Memo dated July 11, 2006, from Michael Aytes to USCIS Directors. This memo lays out the Disposition of Forms I-508 and I-566 and makes changes to the Field Manual. This mainly applies to persons in A or G status.

Memo RE: Deferred Action for Self-Petitioning Battered Spouses and Children with Approved I-360 Petitions: INS Memo HQ204-P by Michael Cronin, dated 12/22/98, oulining procedures for granting deferred action for persons with approved I-360 petitions awaiting adjustment.

Memo RE: Deferred Action Determinations for Self-Petitioning Battered Spouses and Chlidren: INS Memo HQ/ADN70/6.1P by Michael Cronin, dated 9/8/00, explaining procedures for extending deferred action for persons with approved I-360 petitions who have not yet adjusted.

Memo RE: Disclosure of Certain Information Relating to Criminal Histories of Petitioners to Potential Visa Beneficiaries: USCIS Memo HQOPRD 70/6.1.1 by Robert C. Divine, dated 5/3/06, regarding the disclosure of information relating to a petitioner's history of violent or sexual crimes to beneficiaries and/or their parent or guardian.

Memo RE: Determinations of Good Moral Character in VAWA-Based Self-Petitions: USCIS Memo HQOPRD 70/8.1/8.2, written by Paul E. Novak on January 19, 2005 giving guidance to adjudicators in the VSC (Vermont Service Center) on the change in law effecting determinations of Good Moral Character for VAWA petitions.

Authorities Affecting False Testimony Determinations: Attachment to Memo HQOPRD 70/8.1/8.2, written by Paul E. Novak on January 19, 2005, explaining how to make false testimony determinations, and giving authority for this.

Waivable Conduct Contained in the Statutory Bars to Establishing Good Moral Character: Attachment to Memo HQOPRD 70/8.1/8.2, written by Paul E. Novak on January 19, 2005, with a chart of various statutory bars to establishing good moral character and whether these bars may be waived. Includes criteria to waive. Also gives authority for bars and ability to waive.

Memo RE: Exercising Prosecutorial Discretion to Dismiss Adjustment Cases: USCIS Memo from William J. Howard, dated October 6, 2005, that sets forth criteria by which ICE may join in or move to dismiss proceedings without prejudice due to a determination that adjustment applications currently pending before EOIR would be appropriate for approval by USCIS.

Memo RE: Revocation of VAWA-Based Self-Petitions (I-360s): INS Memo HQADN/70/9, by Johnny N. Williams, dated August 5, 2002, giving exclusive authority to the VSC (Vermont Service Center) to revoke approved VAWA Self Petitions.

Memo RE: Extension of Validity of Medical Certifications on Form I-693: USCIS Memo HQ 70/21.1.1-P from Michael Aytes, dated 1/11/06, allowing for the extension of a civil surgeon's endorsement on I-693 for an adjustment of status application if the application takes longer than one year. This does not apply to persons determined to have a Class A or Class B health condition. Furthermore, this policy expires 1/11/07.

Memo RE: Legal and Discretionary Analysis for Adjudication: USCIS memo from Robert Divine, dated May 3, 2006, outlining the law and procedures for case adjudication. This includes authority and a list of types of case that require discretionary analysis by adjudicators.

Memo RE: Unlawful Presence: Undated INS memo HQADN 70/21.1.24-P from Johnny N. Williams, allowing for persons with deferred action to NOT accrue further unlawful presence in the US as it relates to the 3- and 10-year bars. Unlawful presence while not in deferred action still counts toward these bars.

Memo RE: Guidance on Evaluating a Request for the Rescheduling of an Interview and Handling the Failure of an Applicant, a Petitioner, a Sponsor, a Beneficiary, or other Individual to Appear for a Scheduled Interview: USCIS memo HQOPRD 70/1 from Michael Aytes, dated 11/23/05, explains procedures to be followed when responding to a request for rescheduling an interview or when an individual fails to attend an interview.

Memo RE: Clarification of Classes of Applicants Eligible for Naturalization Under Section 319(a) of the Immigration and Nationality Act (INA), as Amended by the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA). Pub. L. 106-386: USCIS Memo HQOPRD 70/33.1 from William R. Yates, dated 1/27/05, clarifying that VAWA self-petitioners are eligible for naturalization in three years, as are spouses of USC and LPR persons.

Memo RE: Eligibility to Self-Petition as a Battered Spouse of a U.S. Citizen or Lawful Permanent Resident Within Two Years of Divorce: INS memo HQADN/70/8 from Michael Pearson, dated 1/2/02, explains the eligibility for VAWA relief for persons who have divorced within the past two years.

Memo RE: Requests for Evidence (RFE) and Notices of Intent to Deny (NOID): BCIS memo HQOPRD 70/2 from William R. Yates, dated 2/16/05, outlining standards to determine whether to issue an RFE or NOID in a weak case.

Memo RE: Eligibility to Self-Petition as a Battered Spouse or Child of a U.S. Citizen or Lawful Permanent Resident Within Two Years of the Abuser’s Loss of Status: USCIS Memo from Michael Aytes, dated 10/31/05, explaining that VAWA Self-Petitioners can petition within two years of the abuser's loss of status.

Memo RE: Supplemental Guidance on Battered Alien Self-Petitioning Process and Related Issues: INS Memo from Office of Programs dated 5/6/97 supplementing a memo issued on 4/16/97 regarding the self-petitioning process.

Memo RE: Eligibility to Self-Petition as an Intended Spouse of an Abusive U.S. Citizen or Lawful Permanent Resident: INS Memo from Johnny N. Williams, dated 8/21/02 outlining the change to the law allowing self-petitioning by persons who believed they had entered into a legal marriage with a USC or LPR, but later found that their marriage was invalid.

Instructions Regarding the Expanded Meaning of Section 319(a): INS Memo #89 from William R. Yates, dated 10/15/02, provides guidance on administering the change to VAWA that allows recipients of VAWA relief to apply for naturalization in three years.

Memo RE: Extension of Validity Period for Notices of Prima Facie Case Issued in Connection With a Form I-360 Filed by a Self-Petitioning Battered Spouse/Child: USCIS Memo HQOPRD 70/8.1/8.2 by William R. Yates, dated 4/8/04, stating that an initial Notice of Prima Facie Case should be valid for up to 180 days, the first extension can also be valid for up to 180 days, and any further extensions can be issued for up to 60 days at a time.

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Sample Documents

Sample Affidavit of Need for Employment Authorization Sample form for use when applying for employment authorization.

Request for Review of VAWA case by supervisor: A request for a review of a VAWA case by a supervisor in response to a Request for Evidence. This request lays out and explains the "any credible evidence" language used by Congress in the VAWA legislation. This can be used as a template for a similar request for evidence or notice of intent to deny. Additionally, this would also be useful in helping to understand this subject better. Finally, please note, if you are going to use this, it does contain reference to the Ninth Circuit. Please adjust accordingly.

Approval Letter: Letter to Client telling them that their VAWA application has been approved. This letter is in English and Spanish.

Adjustment letter (English): Letter to Client about Adjustment of Status after an approved VAWA. This letter is in English.

Adjustment Letter (Spanish): Letter to Client about Adjustment of Status after an approved VAWA. This letter is in Spanish.

Letter to Client who remarried before VAWA approved (Spanish) Community Legal: Letter to Client in Spanish with an open VAWA case who has remarried. This letter explains that her VAWA case will be closed and she will have to apply through her new husband.

Letter to Consulate regarding Lost Follow-To-Join application: This is a sample letter to a consulate, sent after the I-824 has been filed, but no packets have been received for the beneficiary.

I-360 Cover Letter: Sample Cover Letter to the Vermont Service Center to accompany an I-360 VAWA application.

I-360 Cover Letter with Fee Waiver requests for I-485 and I-765: Sample Cover Letter to the Vermont Service Center to accompany an I-360 VAWA application, an I-485 Adjustment of Status application, and an I-765 Employment Authorization application. This letter includes requests to waive the fees for the I-485 and I-765.

I-360 and I-765 Cover Letter: Sample Letter to the Vermont Service Center to accompany an I-360 application, filed with an I-765 application.

Request to Expedite I-360: Sample Letter to the Vermont Service Center regarding a case wherein a prima facie case was established some time ago, but the VAWA case has not been adjudicated.

Introductory Document (English) A sample of a document used by a program to outline the basics of the program, eligibility for VAWA petitions, documents to gather, fees, etc. This document is in English.

Introductory Document (Spanish): A sample of a document used by a program to outline the basics of the program, eligibility for VAWA petitions, documents to gather, fees, etc. This document is in Spanish.

Letter Informing Client of Extension of Deferred Action (English): Sample letter in English to a client informing them of the granting of an extension of their deferred action status and informing them of the actions that will need to be taken in the future.

Letter Informing Client of Extension of Deferred Action (Spanish): Sample letter in Spanish to a client informing them of the granting of an extension of their deferred action status and informing them of the actions that will need to be taken in the future.

Letter Informing Client of Extension of Prima Facie Determination (English): Sample Letter in English to a client informing them that their Prima Facie case determination has been extended, and explaining what steps will be taken in the future.

Letter Informing Client of Extension of Prima Facie Determination (English/Spanish): Sample Letter in English and Spanish to a client informing them that their Prima Facie case determination has been extended, and explaining what steps will be taken in the future.

I-360 Form and Instructions: Form and instructions for the I-360 petition from the USCIS.

I-864w Form and Instructions: The I-864w is a required form, that is used to exempt VAWA self-petitioners from the affidavit of support requirement. This is the USCIS form and instructions for this form.

Sample Letter to Client Informing Them That Their Case Has Been Filed (Spanish): Sample letter to client in Spanish to let them know that their case has been filed with USCIS and explaining next steps.

Letter to Client Informing them that there has been a Prima Facie Determination on their Case (English): Sample client letter informing them that USCIS has issued a finding of a prima facie case. This letter also explains what this determination means and what the next steps are. This letter is in English.

Sample Letter to Client Informing them that there has been a Prima Facie Determination on their Case (English and Spanish): Sample client letter informing them that USCIS has issued a finding of a prima facie case. This letter also explains what this determination means and what the next steps are. This letter is in English and Spanish.

Safety Checklist: Safety checklist for persons working with victims of domestic violence.

Sample Table of Contents for I-360 VAWA Self-Petition: Sample table of contents for use with VAWA Self-Petition.

Sample Interview Guide (English and Spanish): Sample interview guide for potential clients in English and Spanish.

Sample letter to USCIS Requesting Extension of Prima Facie determination: Sample letter requesting an extension of Prima Facie determination.

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Clearing House Sections

VAWA I-360 Relief