This guidance significantly modifies a prior interpretation of certain provisions of the CSPA. In particular, it changes how the agency interprets the statute to apply to aliens who aged out prior to the enactment date of the CSPA. It also permits those individuals who were ineligible under the prior policy to file a new application for permanent residence.
Tag: USCIS Memorandum
[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] AYTES REMOVABLE ALIENS MEMO (JULY 11, 2006) (+)
This memorandum revises guidance to USCIS officers on how to process and prioritize cases in which an “alien” appears to be removable. The memo list USCIS priorities for removal as of when it was issued in July 11, 2006.
[pdf] DOJ Memorandum on the Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996) (+)
DOJ Memorandum on the Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996). This memo details the basic eligibility requirements for VAWA self-petitioning, adjustment of status, employment authorization, evidence in general, extreme hardship and battery and extreme cruelty. HQ 204-P
[pdf] USCIS Memorandum: Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a) of the Immigration and Nationality Act (January 27, 2005) (+)
USCIS Memorandum modifying a previous policy memorandum entitled, “Instructions Regarding the Expanded Meaning of Section 319(a)” to clarify that individuals who obtained lawful permanent residence by reason of an approved waiver of the joint filing requirement under section 216(c)(4)(C) of the INA are also eligible to apply for naturalization.
[pdf] USCIS Memorandum: Effect of Perez-Gonzalez v. Ashcroft in Ninth Circuit on Adjudication of Form I-212 (March 31, 2006) (+)
USCIS Memorandum regarding the effect of the U.S. Court ofAppeals for the Ninth Circuit Perez-Gonzalez v. Ashcroft on Adjudication of Form I-212 Applications Filed by Aliens Who Are Subject to Reinstated Removal Orders Under INA § 241(a)(5).