Government Policies & Brochures
- Battered Spouse Waiver Regulations 8 C.F.R. 216.5 Annotated Regulations Law Updated (August 10, 1988)
- INS Alexander Alienikoff, Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S Citizens or Lawful Permanent Residents (April 16, 1996)
- INS, Paul Virtue, “Extreme Hardship” and Documentary Requirements Involving Battered Spouses and Children (October 16, 1998)
- INS William R. Yates, Instructions Regarding the Expanded Meaning of Section 319(a) (October 15, 2002)
- INS William R. Yates, Memorandum: Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of the Marriage (April 10, 2003)
- USCIS, William R. Yates, Extension of Status for Conditional Residents with Pending Forms I-751, Petition to Remove Conditions on Residence (December 2, 2003)
- USCIS William R. Yates, Memorandum: Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a) of the Immigration and Nationality Act (January 27, 2005)
- USCIS, William R. Yates, Revised Interview Waiver Criteria for Form I-751, Petition to Remove Conditions (June 24, 2005)
- USCIS, Robert C. Divine, Matter of Chawathe Memo (January 11, 2006)
- USCIS, Michael Aytes, Delegation of Authority for I-751, “Petition to Remove Conditions on Residence” (January 30, 2006)
- USCIS, Donald Neufeld, I-751 Filed Prior to Termination of Marriage (April 3, 2009)
- USCIS, Vermont Service Center, Q & A: Stakeholder Conference (September 20, 2010)
- USCIS, Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa (October 27, 2010)
- USCIS, Response to USICS Ombudsman Formal Recommendation 56, “Improving the Process for Removal of Conditions on Residence for Spouses and Children” (July 10, 2013)
- USCIS, Policy Memorandum: Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence (November 20, 2018)
- USCIS Form I-751, Instructions for Petition to Remove Conditions on Residence (December 2, 2019)
- USCIS Form I-751, Petition to Remove Conditions on Residence (December 2, 2019)
- USCIS, Removing Conditions on Permanent Residence Based on Marriage (September 17, 2020)
- USCIS, I-751, Petition to Remove Conditions on Residence (September 17, 2020)
Battered Spouse Waiver’s Regulations and Case Processing
- Pages 76-78 FOIA Response 2017 Standard Operating Procedures for USCIS District Offices Handling of Interviews in VAWA Self-Petition Adjustments and Battered Spouse Waiver Cases (June 29, 2011)
- Pages 2-37 FOIA Battered Spouse Waiver Response 2017 District Office Training (2014)
- Julie Dinnerstein, Docket number DHS–2014–0006 Comment submitted in connection with the Request for Public Input for the Retrospective Review of Existing regulations by the Office of General Counsel, Department of Homeland Security (DHS), 79 Fed. Reg. 10,760 (Feb. 26, 2014)
- Pages 62-67 FOIA BSW Response RFEs and Any Credible Evidence (October 16, 2014)
- Pages 59-61 & 70-73 FOIA BSW Response 2017 Change From Joint Filing to Battered Spouse Waiver (April 24, 2015)
- Pages 79-81 and 92 FOIA BSW Response 2017 384 VAWA Confidentiality Broadcast (April 4, 2016)
- FOIA Regarding Battered Spouse Waiver Case Processing and Procedures (September 15, 2016)
- FOIA USCIS Response to NIWAP’s FOIA on Battered Spouse Waiver Cases and Case Processing (August 25, 2017)
T Visa Regulations History
T Visa Information
- Victims of Human Trafficking: T Nonimmigrant Status
- T Visa Law Enforcement Resource Guide
- Policy Manual: Victims of Trafficking (Part B)
- Policy Manual: Victims of Trafficking (Part O)
Useful Websites for Government Agencies Authorized to Sign T Visa Declarations and for Advocates and Attorneys Working With Victims of Human Trafficking
- DHS Center for Countering Human Trafficking Fact Sheet
- DHS Center for Countering Human Trafficking
- DHS Blue Campaign
- NIWAP, U Visa Certification and T Visa Declaration Toolkits
VAWA Haitian Refugee Immigration Fairness Act – VAWA HRIFA – Relevant Government Publications
- USCIS: Instructions for Form I-485, Supplement C HRIFA (October 5, 2015)
- USCIS Green Card for Haitian Refugee (November 27, 2017)
- USCIS: Form I-485 Instructions for Application to Register Permanent Residence or Adjust Status (Contains useful information for VAWA self-petitioners, VAWA HRIFA and VAWA CAA) (October 15, 2019)
- USCIS: Instructions for I-601 Waivers of Grounds of Inadmissibility (discussing VAWA self-petitions, VAWA NACARA and VAWA HRIFA) (January 27, 2020)
- USCIS: HRIFA Regulations 8 C.F.R. 245.25 (March 25, 2020)
- USCIS: Adjudicators Field Manual 23.13, Adjustment of Status under the Haitian Refugee Immigration Fairness Act (HRIFA) (April 21, 2020)
USCIS and DOJ Memos/Guides VAWA Self-Petitioning and Government Documents
- DOJ Memo: Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996)
- EOIR: Motions for “Prima Facie” Determination and Verification Requests for Battered Spouses and Children (1997)
- DOJ Memo: Operating Policy and Procedure, Motions for Prima Facie Determinations and Verification Requests for Battered Spouses and Children (1997)
- DOJ Memo: Supplemental Guidance on Battered Alien Self-Petitioning Process and Related Issues (May 6, 1997)
- Field Guidance-Prima Facie Review of Form I-360 When Filed by a Self-Petitioning Battered Spouse/Child (March 27, 1998)
- Deferred Action Determinations for Self-Petitioning Battered Spouses and Children (USDOJ) (September 8, 2000)
- Revocation of VAWA-Based Self-Petitions, I-360s (August 5, 2002)
- Eligibility to Self-Petition as an Intended Spouse of an Abusive U.S. Citizen or Lawful Permanent Resident (August 21, 2002)
- USCIS Interoffice Memo: Extension of Validity Period for Notices of Prima Facie Case Issued in Connection with a Form I-360 Filed by Self-Petitioning Battered Spouse/Child (April 8, 2004)
- USCIS Memo Revised Guidance for the Child Status Protection Act (CSPA) (July 2004)
- USCIS Interoffice Memo: Age-Out Protections Afforded Battered Children Pursuant to the Child Status Protection Act and the Victims of Trafficking and Violence Protection Act (August 17, 2004)
- Determinations of Good Moral Character in VAWA-Based Self-Petitions Purpose (January 19, 2005)
- USCIS Memo: Clarification of Classes of Applications Eligible for Naturalization under Section 319(a) of the Immigration and Nationality Act (January 27, 2005)
- USCIS Interoffice Memo: 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 (October 31, 2005)
- USCIS Memorandum Adjustment of Status for VAWA Self-Petitioner Who is Present Without Inspection (April 11, 2008)
- USCIS Issues Guidance for Approved VAWA Self-Petitioners (April 21, 2008)
- USCIS Response to National Network Letter Regarding VAWA Unit Operations (March 18, 2009)
- Inquiry Process for T, U, and VAWA Applications (May 5, 2009)
- Filing T, U, and VAWA Petitions with USCIS-Questions and Answers (June 30, 2009)
- USCIS Questions and Answers: Filing T, U, and VAWA Petitions with USCIS (July 8, 2009)
- Advance Question/Discussion Topics for VSC Meeting (August 20, 2009)
- USCIS Executive Summary: Vermont Service Stakeholder Engagement (April 19, 2010)
- USCIS Report on the Operations of the Violence Against Women Act Unit at the USCIS Vermont Service Center, Report to Congress (October 22, 2010)
- USCIS Fact Sheet: Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa (October 27, 2010)
- USCIS Memo: Approval of Petitions and Applications after the Death of the Qualifying Relative under New Section 204(1) of the Immigration and Nationality Act (December 16, 2010)
- USCIS Brochure: Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa (January 7, 2011)
- DHS Memo Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs (June 17, 2011)
- USCIS Policy Memo: Eligibility to Self-Petition as a Battered or Abused [parent of a U.S. Citizen (August 30, 2011)
- USCIS Policy Memorandum Continued Eligibility to File for Child VAWA Self-Petitioners After Attaining Age 21 (September 6, 2011)
- Congressional Research Service, Immigration Provisions of the Violence Against Women Act (May 15, 2012)
- USCIS Policy Memorandum Exception to the Two Year Custody and Two Year Residency Requirement for Abused Adopted Children (October 2, 2013)
- DOJ-EORI: Application for Suspension of Deportation (Including VAWA Suspension of Deportation) (July 2015)
- USCIS Webpage: Questions and Answers: Battered Spouses, Children and Parents Under the Violence Against Women Act (VAWA) (July 15, 2015)
- USCIS Webpage: Battered Spouse, Children and Parents (February 16, 2016)
- USCIS Memo: Eligibility for Employment Authorization for Battered Spouses of Certain Nonimmigrants (March 8, 2016)
- USCIS Memo Disclosures of Certain Information Relating to Criminal Histories of Petitioners to Potential Visa Beneficiaries (May 3, 2016)
- USCIS Policy Manual: Good Moral Character – Conditional Bars for Acts in Statutory Period (April 19, 2019)
- ICE Memo April 2019 Memo on Continuing Validity of The Crime Victims Witness Protection Memo (April 19, 2019)
- USCIS: Form I-485 Instructions for Application to Register Permanent Residence or Adjust Status (Contains useful information for VAWA self-petitioners, VAWA HRIFA and VAWA CAA) (October 15, 2019)
- USCIS: Instructions for I-601 Waivers of Grounds of Inadmissibility (discussing VAWA self-petitions, VAWA NACARA and VAWA HRIFA) (January 27, 2020)
- USCIS Webpage: Green Card for VAWA Self-Petitioners (March 4, 2020)
VAWA Self-Petitioner Benefits Eligibility – Government Agencies
Housing
- Eligibility of Battered Noncitizen Self-Petitioners for Financial Assistance Under Section 214 of the Housing and Community Development Act of 1980 (December 15, 2016)
- HUD-VAWA Self-Petitioner Verification Procedures (January 19, 2017)
Education
- Eligibility for Title IV Aid for “Battered Immigrants Qualified Aliens” as Provided for in the Violence Against Women Act (U.S. Department of Education, October 2007)
- Student Aid Eligibility-Eligibility for Title IV Aid for “Battered Immigrants-Qualified Aliens” as provided for in the Violence Against Women Act (June 4, 2010)