The VAWA Manual: Immigration Relief for Abused Immigrants

Acknowledgments
Author Biographies
Table of Contents
Chapter 1: Introduction
§ 1.1 Introduction to Immigration Relief for Abused Noncitizen Spouses and Certain Other Family Members
§ 1.2 How to Use This Manual
§ 1.3 Contents of the Manual
§ 1.4 Overview of Self-Petitioning under VAWA: Who Is Eligible
§ 1.5 Overview of Self-Petitioning: Self-Petitioning Requirements
§ 1.6 Overview of Self-Petitioning: Process and Benefits
§ 1.7 Other Forms of Immigration Relief for Abused Spouses
Appendix 1-A
Chapter 2: Initial Discussions with Clients
§ 2.1 Overview of Working with Clients to Complete the Self-Petition
§ 2.2 Tips on Interviewing from Immigration and Domestic Violence Experts
§ 2.3 Using an Interpreter
§ 2.4 Explaining VAWA to Clients
§ 2.5 Explaining the VAWA Process
§ 2.6 Talking about Advantages and Disadvantages of Applying for VAWA
§ 2.7 Getting the Client Started on Gathering Documentation
§ 2.8 Next Steps
Index of Appendices
Appendix 2-A
Appendix 2-B
Appendix 2-C
Appendix 2-D
Appendix 2-E
Appendix 2-F
Appendix 2-G
Appendix 2-H
Appendix 2-I
Appendix 2-J
Appendix 2-K
Appendix 2-L
Appendix 2-M
Appendix 2-N
Chapter 3: Requirements for Self-Petitioning under the Violence Against Women Act
§ 3.1 Introduction
§ 3.2 Who Can Self-Petition under VAWA
§ 3.3 Requirements for VAWA Self-Petitioning Spouses
§ 3.4 Status of the Abuser: The Abuser Is (or Was) a United States Citizen or Lawful Permanent Resident
§ 3.5 Marriage Issues
§ 3.6 Abuse Issues: The USC or LPR Abused the Self-Petitioner during Their Marriage
§ 3.7 Residence Issues
§ 3.8 The Self-Petitioner Is a Person of Good Moral Character
§ 3.9 VAWA Exceptions for the Bars to Good Moral Character
§ 3.10 Children of the Self-Petitioner May Qualify for Derivative Status
§ 3.11 Requirements for VAWA Self-Petitioning Children
§ 3.12 The Self-Petitioner Is the Child of the Abuser
§ 3.13 The Abuser Is (or Was) a USC or LPR
§ 3.14 The USC or LPR Abused the Self-Petitioning Child
§ 3.15 The Self-Petitioning Child Is Residing in the United States at the Time the Self-Petition Is Filed, or, if Filing from Abroad, Meets Certain Requirements
§ 3.16 The Self-Petitioning Child Lives or Lived with the Abusive USC or LPR Parent
§ 3.17 The Child Is a Person of Good Moral Character
§ 3.18 Derivative Children
§ 3.19 Requirements for VAWA Self-Petitioning Parents
§ 3.20 The Self-Petitioner Is the Parent of the Abuser
§ 3.21 The Abuser Son or Daughter Is (or Was) a USC
§ 3.22 The USC Son or Daughter Abused the Self-Petitioning Parent
§ 3.23 The Self-Petitioning Parent Resides or Has Resided with the Abusive USC Son or Daughter
§ 3.24 The Self-Petitioning Parent Is a Person of Good Moral Character
§ 3.25 Prohibition on Petitioning for Abusers
§ 3.26 Humanitarian Parole
Index of Appendices
Appendix 3-A
Appendix 3-B
Appendix 3-C
Appendix 3-D
Appendix 3-E
Appendix 3-F
Appendix 3-G
Appendix 3-H
Appendix 3-I
Appendix 3-J
Appendix 3-K
Chapter 4: The VAWA Self-Petitioning Process
§ 4.1 Introduction to the VAWA Self-Petitioning Process
§ 4.2 Completing the VAWA Self-Petition
§ 4.3 Filling Out the I-360
§ 4.4 Documenting the Requirements for the I-360
§ 4.5 A Detailed Cover Letter with an Index of the Documentation
§ 4.6 Notice of Entry of Appearance by the Attorney or Accredited Representative
§ 4.7 Filing Fee Amount
§ 4.8 The Self-Petitioner’s Detailed Declaration or Affidavit
§ 4.9 Proof That the Abuser Is (or Was) a Lawful Permanent Resident or United States Citizen
§ 4.10 Proof That the Self-Petitioner Is (or Was) Married to the USC or LPR
§ 4.11 Proof That the Self-Petitioner Suffered Battery or Extreme Cruelty
§ 4.12 Proof That the Marriage or Intended MarriageWas in Good Faith
§ 4.13 Proof That the Self-Petitioner Resided with the Abuser
§ 4.14 Proof That the Self-Petitioner Has Good Moral Character
§ 4.15 Evidence of the Self-Petitioner’s Current Residence
§ 4.16 Documenting Eligibility for a VAWA Self-Petition for a Child or Parent
§ 4.17 Filing the Completed I-360 Packet
§ 4.18 Prima Facie Eligibility
§ 4.19 Notice of Action/Request for Evidence
§ 4.20 Deferred Action
§ 4.21 Preference Categories for Family-Based Immigration
§ 4.22 How the Preference System Works
§ 4.23 Using the State Department Visa Bulletin to Make an Estimate of When Your Client Can Immigrate
§ 4.24 Employment Authorization
§ 4.25 Adjustment of Status and Consular Processing
§ 4.26 Notice of Intent to Deny
§ 4.27 Special Concerns for Advocates Who Are Not Attorneys or BIA Accredited Representatives
Index of Appendices
Appendix 4-A
Appendix 4-B
Appendix 4-C
Appendix 4-D
Appendix 4-E
Appendix 4-F
Appendix 4-G
Appendix 4-H
Appendix 4-I
Appendix 4-J
Appendix 4-K
Appendix 4-L
Appendix 4-M
Appendix 4-N
Appendix 4-O
Appendix 4-P
Appendix 4-Q
Appendix 4-R
Appendix 4-S
Appendix 4-T
Appendix 4-U
Appendix 4-V
Appendix 4-W
Appendix 4-X
Appendix 4-Y
Appendix 4-Z
Chapter 5: Adjustment of Status for VAWA Self-Petitioners
§ 5.1 Introduction
§ 5.2 When Will a Lawful Permanent Resident Visa Be Available?
§ 5.3 Adjustment of Status for VAWA Self-Petitioners: Adjustment Requirements
§ 5.4 When Should a Self-Petitioner File an Application for Adjustment of Status?
§ 5.5 VAWA, Aging Out, and the Child Status Protection Act
§ 5.6 Where to File the Adjustment Application for Self-Petitioners Who Have Never Been in Removal Proceedings
§ 5.7 Adjustment Applications for Self-Petitioners in Removal Proceedings
§ 5.8 Adjustment of Status for Derivative Beneficiaries
§ 5.9 Applying for Adjustment of Status
§ 5.10 The Contents of the Adjustment Application Packet
§ 5.11 Filing Fees and Requests for Fee Waivers for Adjustment Applications Filed with USCIS
§ 5.12 USCIS Interview Process
§ 5.13 If USCIS Denies Adjustment of Status
§ 5.14 Special Cases: Adjustment for Abused Spouses and Children of Principal Applicants under CAA, HRIFA, and NACARA
Index of Appendices
Appendix 5-A
Appendix 5-B
Appendix 5-C
Appendix 5-D
Appendix 5-E
Appendix 5-F
Appendix 5-G
Appendix 5-H
Appendix 5-I
Appendix 5-J
Chapter 6: Inadmissibility Grounds for VAWA Self-Petitioners
§ 6.1 Overview
§ 6.2 Health-Related Grounds
§ 6.3 Health-Related Grounds: Communicable Diseases
§ 6.4 Health Related Grounds: Lack of Vaccination
§ 6.5 Health-Related Grounds: Physical or Mental Disorders
§ 6.6 Health-Related Grounds: Drug Abusers or Addicts
§ 6.7 Criminal Grounds: Overview
§ 6.8 Some Definitions: “Conviction,” “Admission,” and “Sentence”
§ 6.9 Crimes Involving Moral Turpitude
§ 6.10 Multiple Criminal Convictions
§ 6.11 Controlled Substance Violations
§ 6.12 Traffickers in Controlled Substances
§ 6.13 Prostitution and Commercialized Vice
§ 6.14 Immunity from Prosecution
§ 6.15 Particularly Serious Violations of Religious Freedom
§ 6.16 Significant Traffickers in Persons
§ 6.17 Aggravated Felonies
§ 6.18 212(h) Waivers for Criminal Conduct for Immigrants
§ 6.19 National Security Grounds
§ 6.20 Public Charge
§ 6.21 Previous Immigration Violations: Overview
§ 6.22 Immigrants Present without Permission or Parole
§ 6.23 Failure to Attend Removal Proceedings
§ 6.24 Fraud or Willful Misrepresentation
§ 6.25 INA § 212(i) Waivers for Fraud or Misrepresentation
§ 6.26 False Claim of U.S. Citizenship
§ 6.27 Stowaways
§ 6.28 Smugglers and Encouragers of Unlawful Entry
§ 6.29 Final Civil Document Fraud Order
§ 6.30 Foreign Students
§ 6.31 Ineligible for Citizenship
§ 6.32 Prior Removal Orders or Periods of Unlawful Presence
§ 6.33 Having Previously Been Removed: INA § 212(a)(9)(A)
§ 6.34 Unlawful Presence Bars: INA § 212(a)(9)(B)
§ 6.35 Reentering the U.S. without Authorization after Removal or One Year Unlawful Presence: INA § 212(a)(9)(C)
§ 6.36 Miscellaneous Grounds
§ 6.37 Reinstatement of Prior Removal Order and Consequent Ineligibilityfor Relief
Chapter 7: Waivers of Inadmissibility for Vawa Self-Petitioners
§ 7.1 Overview
§ 7.2 The Exercise of Discretion
§ 7.3 Extreme Hardship: Definitions
§ 7.4 Documenting Extreme Hardship and Favorable Discretionary Factors
§ 7.5 INA § 212(g) Waivers for Health-Related Grounds
§ 7.6 INA § 212(h) Waivers for Criminal Conduct
§ 7.7 INA § 212(i) Waivers for Fraud or Misrepresentation
§ 7.8 INA § 212(a)(9)(B)(v) Waivers for Unlawful Presence
§ 7.9 INA § 212(a)(9)(C) Waiver for Reentering the United States without Authorization Following Immigration Violations
§ 7.10 Strategy and Procedure for Waiver Applications
§ 7.11 Form I-212 Consent to Reapply for Admission
Index of Appendices
Appendix 7-A
Appendix 7-B
Appendix 7-C
Chapter 8: Consular Processing for VAWA Self-Petitioners
§ 8.1 Introduction
§ 8.2 Overview of Consular Processing
§ 8.3 Step I: Establishing Email Correspondence and a Point of Contact
§ 8.4 Step II: Paying the Fees
§ 8.5 Step III: Submitting the On-Line Application for an Immigrant Visa, the Affidavit of Support and the Civil Documents
§ 8.6 Step IV: Preparing for the Consular Interview
§ 8.7 Step V: The Consular Interview
§ 8.8 Final Step: Once the Consulate Grants the Immigrant Visa
§ 8.9 Consular Processing for Derivative Beneficiaries
§ 8.10 Review of Visa Denials
§ 8.11 What Can Happen at the Border?
§ 8.12 Conclusion
Index of Appendices
Appendix 8-A
Appendix 8-B
Appendix 8-C
Chapter 9: Conditional Permanent Residence and Abused Immigrants
§ 9.1 Introduction
§ 9.2 What Is Conditional Resident Status?
§ 9.3 Termination of Conditional Status by USCIS during the Two-Year Conditional Period
§ 9.4 Removing Conditional Status through a Joint Petition
§ 9.5 Grounds and Procedure for Removing Conditional Status through a Waiver
§ 9.6 Petitions and Waivers Filed for Children
§ 9.7 USCIS Interview
§ 9.8 Approval of the I-751 Petition
§ 9.9 Denial and Review in Removal Proceedings
§ 9.10 Filing a VAWA Self-Petition in Lieu of Proceeding with an Application for a Waiver of the Joint Petition Requirement
§ 9.11 USCIS Notice Requirements
§ 9.12 Conclusion
Index of Appendices
Appendix 9-A
Appendix 9-B
Appendix 9-C
Appendix 9-D
Appendix 9-E
Appendix 9-F
Appendix 9-G
Chapter 10: Obtaining Relief for Abused Immigrants in Removal Proceedings
§ 10.1 Introduction
§ 10.2 An Overview of Removal Proceedings
§ 10.3 Preliminary Considerations in Removal Proceedings: Prosecutorial Discretion and Motions for Continuance, Termination, and Administrative Closure
§ 10.4 The Process of Removal Proceedings
§ 10.5 Discovery in Removal Proceedings
§ 10.6 Motions to Reopen Removal Proceedings
§ 10.7 Reinstatement of Prior Removal Order and Consequent Ineligibility for Relief
§ 10.8 Treatment of Statutory Bars to Relief for VAWA Self-Petitioners
§ 10.9 Relief for Overstaying Voluntary Departure
§ 10.10 Relief for In Absentia Removal
Index of Appendices
Appendix 10-A
Appendix 10-B
Appendix 10-C
Appendix 10-D
Appendix 10-E
Appendix 10-F
Appendix 10-G
Appendix 10-H
Appendix 10-I
Appendix 10-J
Appendix 10-K
Chapter 11: VAWA Cancellation of Removal
§ 11.1 Introduction to Cancellation of Removal
§ 11.2 A Comparison of VAWA Self-Petitions with VAWA Suspension and VAWA Cancellation
§ 11.3 The Difference between VAWA Cancellation and VAWA Suspension
§ 11.4 Persons Eligible to Apply for VAWA Cancellation of Removal or Suspension of Deportation
§ 11.5 Requirements for Cancellation of Removal or Suspension of Deportation: Overview
§ 11.6 Establishing the Family Relationship
§ 11.7 Battery or Extreme Cruelty
§ 11.8 Three Years Continuous Physical Presence
§ 11.9 Extreme Hardship
§ 11.10 Ineligibility under Certain Inadmissibility and Deportability Bars
§ 11.11 Good Moral Character
§ 11.12 Discretion
§ 11.13 Documentation and the “Any Credible Evidence” Standard
§ 11.14 The Contents of the Application
§ 11.15 The Effect of a Grant of VAWA Suspension or Cancellation: Permanent Residence
§ 11.16 Parole of the Child or Parent of a VAWA Suspension or Cancellation Grantee
§ 11.17 Denials and Appeals
Index of Appendices
Appendix 11-A
Appendix 11-B
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