Memo on eligibility of battered immigrant spouses to naturalize under VAWA’s naturalization protections within 3 years instead of 5 years.
Dept. of Homeland Security > Immigration and Naturalization Service
Publisher: Immigration and Naturalization Service
[pdf] Form I-914, Supplement B, Declaration (Certification) of Law Enforcement Officer for Victim of Trafficking in Persons (Januaryy 18, 2017) (+)
This form should be completed by Federal, State, or local enforcement authorities, prosecutors, judges or other government officials for victims applying for T visas under the Victims of Trafficking and Violence Protection Act, Public Law 106-386, as amended.
[pdf] INS, Paul Virtue, “Extreme Hardship” and Documentary Requirements Involving Battered Spouses and Children (August 16, 1998) (+)
This INS memorandum discusses the unique factors that will be considered when determining “extreme hardship” and “extreme cruelty”. The memo also discusses the documentary requirements involving battered spouses and children under VAWA’s any credible evidence statutes that apply to battered spouse waiver and all VAWA immigration cases.
[pdf] Department of Justice Memorandum: Unlawful Presence As is Applies to Person Granted Deferred Action (+)
this Department of Justice memorandum addressing issues relating to the 3 and 10-year bars to admission under Section 212(a)(9)(B)(i)(I) and (II) of the Immigration and Nationality Act and the decision to designate as a period of stay authorized by the Attorney General the entire period during which an alien has been granted deferred action by the Immigration and Naturalization Service (INS).
[pdf] Automatic Administrative Relief for Aliens Eligible for Nonimmigrant Status (+)
Memorandum discussing automatic Administrative Relief for Aliens Eligible for Nonimmigrant Status under Sections 101 (a)(15)(T) and (U) of the Immigration and Nationality Act and advises field offices on new procedures for handling such cases.
[pdf] INS Implements Direct Mail of Form 1-360 for Self-Petitioning Battered Spouses and Children (+)
To ensure appropriate and expeditious handling of all self-petitions filed by battered spouses and children, the Immigration and Naturalization Service (INS) has implemented new centralized filing procedures. Under the new procedures – which were published in the Federal Register on April 7, 1997 – applicants now should mail their applications to the Vermont Service Center.
[pdf] Letter from Alex Aleinikoff (INS) fo Leslye Orloff (Ayuda) Regarding VAWA Self-Petitioning Cases (+)
Letter in response to Leslye Orloff, Director of Programs at Ayuda, INC from the U.S. Department of Justice Immigration and Naturalization Service discussing creating of the VAWA Unit and VAWA cases processing and the interrelationship with I-130 family based visa processing.
[pdf] Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) Policy (+)
DOJ Memorandum giving instructions providing interim guidance to INS relating to VTVPA. Establishes interim procedures while regulations implementing T and U visa status are being promulgated by INS.
[pdf] Prosecutorial Discretion Guidelines (+)
Fact Sheet on Prosecutorial Discretion by the INS.
[pdf] Memorandum discussing INS Exercise of Prosecutorial Discretion (+)
This memorandum sets out the legal basis upon which, the Immigration and Naturalization (INS) may exercise prosecutorial discretion in its enforcement activities, including placing aliens in removal proceedings by serving them with Notices to Appear (NTAs). The structure of this memorandum is a series of questions and answers about prosecutorial discretion and the application of the doctrine in INS operations.
[pdf] INS Detention Standard: Suicide Prevention and Intervention (+)
INS detention standard policy and procedures for suicide prevention and intervention.
[pdf] INS Detention Standard: Non-Medical Emergency Escorted Trips (+)
INS Detention standard operating procedure regarding non-medical emergency escorted trips. The Immigration and Naturalization Service (INS) provides detainees with approved staff escorted trips into the community for the purpose of visiting critically ill members of the detainee’s immediate family, or for attending their funerals.
[pdf] The Child Status Protection Act- Memorandum Number 2 (+)
The purpose of this memorandum is to provide additional guidance to Service officers concerning this new law. As with the previous memorandum, while this memorandum will provide examples of cases that may be affected by the CSPA, it is impossible to anticipate and address every possible scenario.
[pdf] The Child Status Protection Act (+)
The purpose of this memorandum is to provide preliminary guidance to Service officers concerning the amendments made to the Act by the CSPA. While this memorandum will provide examples of cases that may be effected by the CSPA, it is impossible to anticipate and address every possible scenario. As a note, the sections of the CSPA that address children of asylees and refugees will be addressed in a separate memorandum.
[pdf] Eligibility to Self-Petition as an Intended Spouse of an Abusive U.S. Citizen or Lawful Permanent Resident (+)
Memorandum discussing eligibility and required evidence for a battered “intented spouse” (i.e. a battered alien who believed s/he was married to a U.S. citizen or Legal Permanent Resident, but later discovered the marriage was not legitimate because of the bigamy of the USC or LPR) to self-petition.
[pdf] H.R. 1209 Child Status Protection Act (+)
Memorandum regarding amendments to the INA by the Child Status Protection Act.
[pdf] Revocation of VAWA-Based Self-Petitions (I-360s) (+)
Memorandum discussing new policy to ensure consistency in adjudication of VAWA-based self-petitions due to the issuance of intent to revoke I-360 petitions that were approved by the Vermont Service Center. The new policy gives the Vermont Service Center sole authority to revoke an approved VAWA-based self-petition.
[pdf] Eligibility to Self-Petition as a Battered Spouse of a U.S. Citizen or Lawful Permanent Resident Within Two Years of Divorce (+)
Memorandum describing change to the VAWA self-petition provisions made by VTVPA that preserves self-petitioning eligibility for former spouses if the marriage was legally terminated during the 2-year period immediately preceding the filing of the self-petition.
[pdf] Deferred Action Determinations for Self-Petitioning Battered Spouses and Children (+)
Supplemental memorandum with regard to the Vermont Service Center’s authority to extend the period of validity for deferred action determinations.
[pdf] Deferred Action Determinations for Self-Petitioning Battered Spouses and Children Approved I-360 Petitions (+)
Memorandum outlining changes in Service procedures for deferred action determinations on behalf of battered aliens who have approved i-360 self-petitions.
[pdf] Field Guidance Re: Prima Facie Review of Form 1-360 when Filed by a Self-Petitioning Battered Spouse/Child (March 27, 1998) (+)
DOJ Memorandum giving field guidance directed specifically for the Vermont Service Center.
[pdf] Considerations for Asylum Officers Adjudicating Asylum Claims from Women (+)
Memorandum written to provide the INS Asylum Officer Corps (AOC) with guidance and background on adjudicating cases of women having asylum claims based wholly or in part on their gender.