This document confirms that there are no fees required for filing the VAWA self-petition, the U visa or the T visa applications. However some forms that victims may need to file related to these case types have fees associated with them and as the instructions to the USCIS Fee Waiver form indicate victims eligible for fee waivers may apply for waivers of the fees associated with the following forms:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).
Immigration > Battered Spouse Waiver
Topic: Battered Spouse Waiver
Materials regarding the battered spouse waiver.
[pdf] Annotated Violence Against Women Act (VAWA) Self-Petition Definition INA 101(a)(51) (May 27, 2024) (+)
This annotated statute guides readers through the various types of immigration relief available for immigrants who were subjected to battering or extreme cruelty by their spouses, former spouses, parents, children, and step-parents who were U.S. citizens, lawful permanent residents, or Cuban Adjustment Act (CAA) , Haitian Refugee Immigration Fairness Act (HRIFA), and Nicaraguan and Central American Relief Act (NACARA) applicants, or recipients. Note that NACARA applicants may be El Salvadoran, Guatemalan, or from a list of countries in Eastern Europe. This definition of VAWA self-petitioner is relevant for immigration relief, public benefits and VAWA confidentiality purposes.
[pdf] Training Materials for Victim Advocates and Attorneys (11.28.23) (+)
Training materials for family lawyers, prosecutors, and state family, civil and criminal court judges assisting immigrant crime victims Topics include: U visas, T visas, Family Law cases, VAWA Self-Petitions, VAWA Confidentiality, Public Benefits, Best Practices, Language Access, Webinars, Podcasts and more.
[pdf] Kumar v. Kumar California Court of Appeals (September 26 2016) (+)
Kumar v. Kumar (California Court of Appeals) NIWAP served as sole amicus in a case in which a California state family court judge imposed the duty to mitigate that applies in contract cases and alimony cases to an immigrant spouse, in this case a battered immigrant spouse, seeking to enforce the Affidavit of Support her husband signed with the U.S. Department of Homeland Security when he sponsored her to attain legal permanent residency status. The brief cited case law from other states and law review articles discussing current state family court practice allowing immigrant spouses to enforce affidavits of support in family court cases. The brief provided legislative history and social science data supporting the position imposing a duty to mitigate undermines the legislative purpose of the Affidavit of Support and in the case of battered immigrant spouses the Violence Against Women Act. (Crowell and Moring: September 26, 2016)
[pdf] Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona (June 11 2010) (+)
Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’s, violence against women’s and allied organizations joined the brief which demonstrated how SB 1070 interferes with federal protections for immigrant crime victims; cuts immigrant women and their children off from federally provided services necessary to protect life, health and safety, and harms children by depriving them of the care and nurturing of their mothers through detention leading to family separations. The Mexican Consulate translated this brief and is distributing it in Spanish. (Manatt, Phelps, and Phillips, Pro Bono)
[pdf] European Connections & Tours, Inc. v. Gonzales (April 24 2006) (+)
European Connections & Tours, Inc. v. Gonzales, (2006) Developed amicus brief and assisted the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equal Protection challenge to regulation of for-profit or majority for-profit but not cultural or religious International Marriage Brokers. (Crowell and Moring, Pro Bono).
[pdf] Access to Publicly Funded Legal Services for Immigrant Survivors (2014) (+)
In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.
[pdf] Filing to Remove Conditions for Legal Permanent Residency for Battered Spouses: Choose Battered Spouse Waiver Over Divorce (May 23, 2023) (+)
Congress created the Battered Spouse Waiver to make it easier for immigrant survivors to remove conditions for legal permanent residency that would typically require a joint filing with the abusive US Citizen or Legal Permanent Resident spouse. However, due to the current evidentiary requirements, many immigration attorneys opt to take what appears to be the […]
[pdf] Setting Up the Crime and Abuse Victim Protection Directorate at USCIS (August 23, 2022) (+)
This report submitted to the Ombudsman for USCIS argues for moving all of the adjudications of VAWA self-petitions, U and T visas, Battered Spouse Waivers, Work Authorizations for Abused Spouses of Visa Holders and Special Immigrant Juvenile Status Petitions into one adjudication system with expert adjudication staff and managers that specialize in these forms of immigration relief. The goal of which will be to speed up the wait time between filing and receipt of deferred action and work authorization for immigrant victims. This paper contributed to the creation of the HART Service Center that USCIS announced the opening of on March 30, 2023. To receive any of the attachments cited in this report contact NIWAP at info@niwap.org.
[pdf] Department of Homeland Security (DHS) Immigration Policies Released in 2021 and 2022 That Are Important for Immigrant Survivors (May 17, 2022) (+)
This document contains a list of policies issued by the U.S. Department of Homeland Security that are important to and impact cases of immigrant survivors of crime and abuse that enhance both protections from deportation for survivors and access to immigration relief under the following programs: VAWA self-petitions, U visas, T visas, Special Immigrant Juvenile Status, Battered Spouse Waivers and INA Section 106 Work Authorization for Abused Spouses of A, E(3), G and H visa holders. The link to each policy is followed by a description of the policy and how it is helpful to immigrant survivors.
[pdf] Instructions for Request for a Fee Waiver (I-912) (September 03, 2021) (+)
USCIS Form to be used for waivers in cases of immigrant survivors:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).
[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)
This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.
[pdf] USCIS Fraud Referral Sheet (September 20, 2004) (+)
This is a fraud referral sheet that USCIS uses in various types of immigration cases. This version is from September 2004 and was posted on the AILA Info Net January 28, 2010.
[pdf] Battered Spouse or Child Waiver for Victims of Domestic Violence Present as Conditional Lawful Permanent Residents (2014) (+)
Chapters on Battered Spouse Waiver and VAWA Cancellation of Removal with useful check lists. In immigration Relief: Legal Assistance for Noncitizen Crime Victims, American Bar Association.
[pdf] INS, Edward H. Skerrett, Letter Re Filing of I-751 Authorized Post- Termination of Conditional Residency Status (December 10, 1992) (+)
This INS letter confirms that “Neither the submission of a new Form I-751 nor of a motion to reopen or reconsider a previously adjudicated Form I-751 should be formally rejected solely because the alien’s conditional resident status has been terminated and the alien placed in deportation proceedings.”
[pdf] Battered Spouse Waiver 1994 Regulations 8 C.F.R. 216.5 Annotated With Provisions Overruled by VAWA 1994 (2021) (+)
These regulations govern conditional residence for immigrant spouses of U.S. citizens and have been significantly outdated for many years. The Violence Against Women Act of 1994 statutorily over ruled 8 C.F.R. 216.5(e)(3)(iv)-(vii) and VAWA confidentiality which became law in 1996 impacts 8 C.F.R. 216.5(e)(3)(viii).
[pdf] Pages 79-81 and 92 FOIA BSW Response 2017 384 VAWA Confidentiality Broadcast (February 9, 2016 & April 4, 2016) (+)
Notice to field offices reminding them about the VAWA confidentiality “384” computer system that notifies DHS officials about a victim’s cases receiving VAWA confidentiality protections. These memos also discuss interviewing battered spouse waiver applicants including interview approach and the importance of using only the “safe address” and taking care not to send information to the abuser.
[pdf] 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) (+)
The standard operating procedure discusses how VAWA immigration cases and interviews are to be handled at USCIS District offices for Battered Spouse Waivers cases and VAWA Self-Petitions adjustment of status to lawful permanent residency.
[pdf] Pages 59-61 & 70-73 FOIA BSW Response 2017 Change From Joint Filing to Battered Spouse Waiver (October 2013 to April 24, 2015) (+)
Policies to be followed at USCIS District Offices in cases where a married couple filed a joint petition to remove conditions and the immigrant spouse later files a battered spouse waiver or reveals at an interview battering or extreme cruelty.
[pdf] Pages 62-67 FOIA BSW Response RFEs and Any Credible Evidence (October 16, 2014) (+)
Memos and emails spelling out the approach to requests for further evidence that should be used by USCIS field offices in their adjudications of battered spouse waiver cases. These also address the VAWA any credible evidence rules application in battered spouse waiver cases.
[pdf] Pages 2-37 FOIA Battered Spouse Waiver Response 2017 District Office Training (2014) (+)
District field office training of officers that adjudicate interviews in VAWA self-petitioner adjustments of status to lawful permanent residency and battered spouse waiver cases. The training covers fraud detection at the VAWA Unit, VAWA confidentiality protections, VAWA unit training and data, requirements of I-485 interviews based on approved VAWA self-petitions, procedures that are to be followed if the District office wants to return a case to the VAWA Unit for revocation or further investigation, Common errors in return often stemming from District Officers following outdated regulations and not the statutory changes.
[pdf] FOIA USCIS Response to NIWAP’s FOIA on Battered Spouse Waiver Cases and Case Processing (August 25, 2017) (+)
This FOIA response discusses the application of VAWA confidentiality protections to battered spouse waiver and all VAWA cases; provides slides used to train on VAWA confidentiality and the rules that apply to district office staff adjudicating battered spouse waivers and VAWA adjustments of status applications for lawful permanent residency. These slides highlight the types of evidence that adjudicators cannot rely upon that come from the abuser under VAWA confidentiality law. It also discusses how many of the cases returned to the VAWA unit from district offices stems from reliance on regulations that were later overruled by subsequent VAWA statutes and have not been updated and highlight common returns that are errors. The training includes a copy of the 4.11.08 memo on adjustment of status for VAWA self-petitioners who are present without inspection. There are also documents discussing VAWA’s amendments designed to allow VAWA self-petitioners to remarry and the USCIS position on narrow implementation of the remarriage provisions. The materials provided in response to the FOIA provide detailed information in the form of emails, policies, and trainings warning adjudicators to not rely on perpetrator provided information in adjudicating VAWA self-petitions, adjustments or battered spouse waiver cases with good examples of the types of evidence that must be avoided, including not relying on perpetrator provided information in marriage based visa interviews. The policy discussing referrals from District offices for revocations for self-petitions is discussed. The response also included the memo on the 2 year custody and 2 year residency and custody exceptions for abused adopted children. Pages 1-57 of this FIOA response contain information applies primarily to VAWA self-petition or cases of abused adopted children.
Page 58 (Electronic page 72) of the response appears to be a check list of the types of evidence that may be fraud indicators or raise questions or lead to a request for further evidence (RFE) this appears to be self-petition related and it is not clear the extent to which it relates to battered spouse waiver cases.
Pages 59-61 and pp 88-91 directly related to battered spouse adjudications and provide direction on how District Office adjudicators are to respond when at an interview for a jointly filed request to remove conditions a battered spouse/child request to file a battered spouse waiver. These communications recognize the VAWA confidentiality implications in processing these requests. Pages 70-73 provide the formal interim process from changing from a joint petition to a battered spouse waiver.
Pages 62 -67, also provided on pages 82-87. Directly discuss battered spouse waiver adjudications with VAWA Unit staff providing examples the types of questions VAWA unit trained staff use in requests for further evidence (RFE) on the following topic proof of: extreme cruelty; battering (physical abuse); good faith marriage, residence with abusive spouse/parent. There is also included RFE language describing that marital tensions are not necessarily abuse. The materials also describe the three main reasons why battered spouse waiver adjudicators send cases to an interview at a field office. Any credible evidence rules are described and an explanation of Battering or Extreme Cruelty from Chapter 25 of the Adjudicators Field Manual is included. Page 92 also addresses similar issues.
Pages 76-78 set out the standard operating procedures (S)OP) used by District offices processing VAWA cases addressing both battered spouse waiver cases and VAWA self-petitions adjustments of status to lawful permanent residency. The SOP discusses interviews, the timing of interviews and the involvement of supervisors. It also discusses having a VAWA Point of Contact at the field office and their role. This SOP recognizes that some VAWA cases will be identified during an interview and any such cases are to be referred to the VAWA POC in the field office. This policy took effect August 1, 2011.
Pages 79-81 discuss the creation of the “384” code of admission notifying DHS staff that a case has VAWA confidentiality protection. It is interesting to note that no mention of battered spouse waivers are a case type is included in these communications despite VAWA 2005 defining battered spouse waivers as VAWA self-petitioners.
[pdf] FOIA Regarding Battered Spouse Waiver Case Processing and Procedures (September 15, 2016) (+)
Freedom of Information Act (FOIA) requests submitted by NIWAP regarding battered spouse waiver case procedures and processing.
[pdf] Hearing Testimony Excerpts on the Battered Spouse Waiver Presented at Joint Hearings before the Subcommittee on Immigration, Refugees, and International Law of the House Committee on the Judiciary and the Immigration Task Force of the House Committee on Education and Labor (March 1990) (+)
This is the text of the Battered Spouse Waiver that was published in Joint Hearings before the Subcommittee on Immigration, Refugees, and International Law of the House Committee on the Judiciary and the Immigration Task Force of the House Committee on Education and Labor. This document also contains the portions of the hearing on the full bill that include testimony in support of the Battered Spouse Waiver and make up part of the Battered Spouse Waiver’s legislative history.
[pdf] Battered Spouse Waiver Statute Text (March 1990) (+)
This is the text of the Battered Spouse Waiver that was published in Joint Hearings before the Subcommittee on Immigration, Refugees, and International Law of the House Committee on the Judiciary and the Immigration Task Force of the House Committee on Education and Labor.
[pdf] Immigration and Naturalization Housekeeping Amendments Hearing (May 20, 1992) (+)
Hearings on the Immigration and Naturalization Housekeeping Amendments Act of 1992 that includes statements from members of the House of Representatives on the need for creation of the Battered Spouse Waiver, a discussion with questions and answers among members of the House Judiciary Committee about the Battered Spouse Waiver, and the full record of testimony provided and statements submitted regarding reforms needed that the Battered Spouse Waiver addressed. This legislative history address both the Battered Spouse Waiver and the need for reforms that became VAWA’s any credible evidence rules.
[pdf] IIRAIRA Legislative History Conference Report (September 24, 1996) (+)
Includes preservation of VAWA self-petitioning, creation of VAWA cancellation of removal, creating VAWA confidentiality requirements, and exempting battered immigrants from deeming (see pp 32, 49, 108-109, 129-130, 139, 150 for statutory text and pp 208, 214, 231, and 238 for legislative history). Included battered spouse waiver, VAWA self-petitioners and VAWA suspension of deportation in VAWA confidentiality protections. IIRAIRA is the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
[pdf] Family Violence and U.S. Immigration Law; New Development (March 2001) (+)
This article discusses a brief history of VAWAs immigration protections, the battered spouse waiver and the U visa. It contains detailed list of suggested evidence and practice pointers that are continuingly useful.
[pdf] Congressional Record House October 2, 1990 Family Unity and Employment Opportunity Act of 1990 Included Battered Spouse Waiver (+)
Congressional record of debate and statements regarding the Battered Spouse Waiver that became law as part of the Family Unity and Employment Opportunity Act of 1990. Includes statements from Louise Slaughter.
[pdf] Protecting Battered Immigrant Women (October 1994) (+)
Discussing immigraiton relief available for battered immigrant women through the the battered spouse waiver and how to prepare battered spouse waiver applications. This article was written in 1994 prior to the passage of the Violence Against Women Act and contains tips that remain useful.
[pdf] Evolution of the Battered Spouse Waiver Protections and Related VAWA Confidentiality Protections (February 6, 2017) (+)
This tool tracks the legislative development of the battered spouse waiver in 1990 through the provisions that became law under the Violence Against Women Act that directly impact protections for battered spouse waiver applicants.
[pdf] Comparison Between the Battered Spouse Waiver and VAWA Self Petitioning Cases for Abused Immigrant Spouses (February 6, 2017) (+)
Comparison tool for attorneys and victim advocates to assist with comparing the Battered Spouse Waiver and the VAWA Self-Petition, two forms of immigration relief that help immigrant spouses who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse.
[pdf] Immigration Marriage Fraud Amendments of 1986 (Marriage Fraud Act) and Other Related Issues (1991) (+)
Describes the practice of representing battered immigrant spouses in marriage based visa applications filed by their spouse and in battered spouse waiver applications and other waivers of conditions so that abused spouses receive full lawful permanent residency.
[pdf] Spouse Based Immigration Laws: The Legacies of Coverture (August 1, 1991) (+)
This article traces the history of spouse based immigration to the United States, the legislative history of the Marriage Fraud Act Amendments in 1986, and documents need for and discusses the legislative history of the Battered spouse waiver. The article highlights difficulties with the Battered Spouse Waiver and suggests improvements.
[pdf] Unconditional Safety for Conditional Immigrant Women (January 31, 1996) (+)
Article detailing the legislative history of family based immigration in the United States, the marriage fraud act amendments in 1986, battered spouse waivers in 1990, VAWA self petitioning in 1994, the VAWA any credible evidence rules of 1994, and the need for VAWA confidentiality that became law in 1996.
[pdf] A License to Abuse: The Impact of Conditional Status on Female Immigrants (April 1, 1993) (+)
This article discusses the need for immigration protections for abused immigrant spouses, the legislative history of the Marriage Fraud Act Amendments, the Battered Spouse Waiver, problems with Battered Spouse Waiver regulations, the need for and legislative history of the VAWA self-petition, and the need for VAWA’s any credible evidence rules.
[pdf] Legal Issues Confronting Conditional Residents Aliens Who Are Victims of Domestic Violence: Past, Present and Future Perspectives (1995) (+)
Article discusses the legislative history and implementation of the Battered Spouse Waiver, the problems with the regulations developed to implement the program, and the legislative solutions that were being developed in 1994 to address these problems. This includes a discussion of the creation of VAWA’s any credible evidence rules and the need for the VAWA self-petition. The article documents the legislative history of the Battered Spouse Waiver, the VAWA self-petition, VAWA’s any credible evidence rules and describes the need for what ultimately became VAWA’s confidentiality protections.
[pdf] With No Place to Turn: Improving Legal Advocacy for Battered Immigrant Women (July 1, 1995) (+)
This article provides an overview of immigrant battered women’s legal rights and options in 1995. It discusses the VAWA self-petition, battered spouse waiver, VAWA’s new any credible evidence rules, as well as protection orders, language access, and preventing parental kidnapping.
[pdf] Julie Dinnerstien, Comments on Failure to Amend Battered Spouse Waiver Regulations as Required by VAWA 1994 (March 28, 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). These comments identify how the Battered Spouse Waiver regulations need to be amended to comply with Violence Against Women Act statutory amendments that became law in 1994.
[pdf] Statement of Lelsye Orloff and Ellen Lawton, Ayuda and William Tamayo, Asian Law Caucus, Immigration and Naturalization Housekeeping Amendments of 1992, Hearing Before the Subcommittee on Immigration, Committee on the Judiciary, House of Representatives (May 20, 1992) (+)
Legislative history of the Battered spouse waiver amendments included in VAWA 1994 and creation of the VAWA any credible evidence rules. Statement of Lelsye Orloff and Ellen Lawton, Ayuda and William Tamayo, Asian Law Caucus, Immigration and Naturalization Housekeeping Amendments of 1992, Hearing Before the Subcommittee on Immigration, Committee on the Judiciary, House of Representatives (May 20, 1992)
[pdf] Immigration and Naturalization Housekeeping Amendments of 1992, Hearing Before the Subcommittee on Immigration, Committee on the Judiciary, House of Representatives (May 20, 1992) (+)
This statement is included in the legislative history of the battered spouse waiver. It is included in Immigration and Naturalization Housekeeping Amendments of 1992, Hearing Before the Subcommittee on International Law, Immigration, and Refugees, Committee on the Judiciary, House of Representatives (May 20, 1992)
[pdf] HR REP 101-723 Family Unity and Employment Opportunity Immigration Act of 1990 (September 19, 1990) (+)
House Report accompanying HR 4300 includes legislative history on the Battered Spouse Waiver (Section 301) and Special Immigrant Juvenile Status (321).
[pdf] Excerpt on Battered Spouse Waiver Legislative History From Orloff Kaguyutan Offering a Helping Hand (2002) (+)
Report on the legislative history of the battered spouse waiver’s creation and its VAWA 1994 amendments in VAWA’s any credible evidence rules.
[pdf] USCIS Form I-751, Instructions for Petition to Remove Conditions on Residence (December 2, 2019) (+)
USCIS Instructions for completing the battered spouse waiver and other applications for removal of conditions and receipt of full lawful permanent residency by an immigrant spouse.
[pdf] USCIS Form I-751, Petition to Remove Conditions on Residence (December 2, 2019) (+)
Form to use for conditional permanent residents to apply for removal of conditions and receive full lawful permanent residency. This form is used to file for the battered spouse waiver.
[pdf] USCIS Website I-751Petition to Remove Conditions on Residence (September 17, 2020) (+)
This USCIS webpage discusses where to file a battered spouse waiver application or other application to remove conditions on an immigrant spouse’s residency. This includes lists of recommended evidence. Note that in battered spouse waiver cases due to VAWA’s any credible evidence rules no specific types on information can be required.
[pdf] USCIS Removing Conditions on Permanent Residence Based on Marriage (September 17, 2020) (+)
USCIS website discussing removal of conditions for spouses of marriage based immigration petitions including the battered spouse waiver.
[pdf] USCIS, Michael Aytes, Delegation of Authority for I-751, “Petition to Remove Conditions on Residence” (January 30, 2006) (+)
Delegates authority to deny petitions for removal of conditions to Service Center Directors. Can impact all petitions for removal of conditions including battered spouse waivers.
[pdf] INS William R. Yates, Instructions Regarding the Expanded Meaning of Section 319(a) (October 15, 2002) (+)
Memo on eligibility of battered immigrant spouses to naturalize under VAWA’s naturalization protections within 3 years instead of 5 years.
[pdf] 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 Deputy Director’s Response to Ombudsman recommendations that would improve the processing of requests by spouses of U.S. citizens including battered spouse waiver cases on applications to provide full lawful permanent residency to spouse of U.S. citizens.
[pdf] Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence (November 20, 2018) (+)
Policy Memorandum revising the Battered Spouse Waiver Interview Guidance for removal of conditions on permanent residence.
[pdf] Moving Battered Spouse Waiver Adjudications to the VAWA Unit: A Call for Consistency and Safety National Survey Findings Highlights (October 18, 2021) (+)
Study research report documenting the case processing inconsistencies in adjudication by USCIS of Battered Spouse Waiver Cases. The report includes the legislative history of the battered spouse waiver protections that predated the VAWA self-petition, charts comparing the VAWA self-petition and the battered spouse waiver, and illustrative stores and research data illustrating how the regional and district office adjudications of battered spouse waiver cases do not comply with VAWA’s any credible evidence rules and in some cases lead to violations of VAWA confidentiality.
[pdf] VAWA-Confidentiality-History-Purpose-and-Violations (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter contains detailed legislative history on the development and evolution of the Violence Against Women Act (VAWA) confidentiality protections under U.S. immigration laws. VAWA’s immigration confidentiality protections accomplish three objectives: 1) preventing DHS, DOJ and the U.S. State Department from relying on information provided by a perpetrator or the perpetrator’s family member to harm victims; 2) barring the release by government officials of information about the existence of, actions taken in, or materials contained in a VAWA confidentiality protected case file; and 3) establishing a list of protected locations at which immigration enforcement actions in cases involving immigrant crime victims are not to take place. This chapter discusses each of these protections in detail and includes statutory and legislative history, regulations and government policies implementing VAWA confidentiality protections. This chapter also contains a discussion of sanctions applicable to DHS, DOJ, and State Department officials when VAWA confidentiality violations occur.
[pdf] Appendix G – DHS Immigrants Options for Victims of Crime (English) (+)
This Appendix provides a snapshot of immigrant’s options for victims of crime.
*Evidence Checklists For Work With Immigrant Survivors (February 11, 2017)
NIWAP has developed a number of checklists that assist attorneys and advocates working with immigrant survivors to prepare for a variety of legal cases on behalf of immigrant survivors. Some of the following checklists are geared toward preparing to accompany a victim who will be applying for state or federal public benefits that the victim […]
*Tools for Advocates Assisting Immigrant Crime Victims in Immigration Cases
Identifying Immigration Options for Immigrant Survivors How to Prepare Your Case Through A Trauma Informed Approach: Tips on Using the Trauma Informed Structured Interview Questionnaires for Family Court Cases Developing a survivor’s story is a critical component of preparing for any case in which a client has a history of domestic violence, sexual assault, dating violence, […]
*Breaking Barriers Table of Contents
Breaking Barriers is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to […]
[pdf] Comparing Forms of Immigration Relief for Immigrant Victims of Crime (+)
This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.
[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] Violence Against Women Act of 1994 in the Violent Crime Control and Law Enforcement Act of 1994 (Full Bill) (+)
A copy of the Violent Crime Control and Law Enforcement Act of 1994 -Public Law 103-322 [H.R.3355];
Relevant Section: TITLE IV—-VIOLENCE AGAINST WOMEN; Subtitle G—-Protections for Battered Immigrant Women and Children; Sec. 40701—-IMMIGRANT PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND PREFERENCE STATUS.;
Amends Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1))
[pdf] Current State of VAWA and Trafficking Victim Protection Act Implementing Regulations and Policies (February 13, 2013) (+)
The following article provides an up-to-date list of VAWA statutory provisions for which no implementing regulations or policies have been issued. This list is followed by a consequent list of VAWA and Trafficking Victim
Protection Act (TVPA) regulations that were overruled by statute. This report ends with a list of
current regulations that do not reflect expansions of VAWA or TVPA protections that became
law subsequent to the issuance of the regulations.
[pdf] Blue Card: Screening Tool for Victims Who Qualify for Immigration Protective Relief (March 2, 2018) (+)
Questions for eligibility for protective relief under VAWA, Battered Spouse Waiver, T Visa, and U Visas, as well as information on language access.
[pdf] Chapter 03.5: Additional Remedies Under VAWA: Battered Spouse Waiver (+)
This chapter provides an overview of conditional residence and explains the process involved in attaining and removal of that status. The chapter details the different waivers to the joint petition, specifically the Battered Spouse Waiver, that were created by the Immigration Act of 1990. The chapter also provides guidance on how to spot potential Battered Spouse Waiver applicants and how to effectively prepare a Battered Spouse Waiver.
[pdf] Chapter 17: Access to Health Care for Immigrant Victims of Sexual Assault (July 10, 2013) (+)
Chapter 17 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter describes the range of services an immigrant victim of sexual assault can access through different programs and services of the health care system. The Health Care Charts contain state-by-state information that helps victims and their advocates identify what health services immigrant victims can access, depending on the State they live in and their immigration status. This chapter discusses how health care access grows as an immigrant victim files for and receives immigration benefits, health care options for undocumented victims, access to health care exchanges for immigrant survivors, which forms of immigration relief bring greatest access to health care, and survivors and their children who may be eligible for health care subsidies under state options and federal law.
[pdf] Somewhere to Turn (+)
A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.
[pdf] Neufield Waiver Marriage Termination Memo (April 3, 2009) (+)
This memo provides guidance on how to adjudicate a battered spouse waiver petition if the abused spouse and the abusive spouse are legally separated or have initiated divorce or annulment proceedings, but the marriage has not been terminated.
[pdf] Revised Interview Waiver Criteria for Form I-751, Petition to Remove the Conditions on Residence (+)
The purpose of this memo is to provide additional guidance on when to transfer Form I-751, Petition to Remove Conditions of Residence (jointly-filed and “waiver” petitions) from a Service Center to a District Office for interview.
[pdf] Yates Memo on Extension of Conditional Residence (December 2, 2003) (+)
Memorandum providing guidance on what documentation may be given to a conditional resident, as evidence of their status, who has received a 1-year extension on their conditional residency pursuant to the Immigration Marriage Fraud Amendments of 1986, but battered spouse waiver case has not yet been adjudicated.
[pdf] INS Memorandum: Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of the Marriage (+)
Memorandum regarding eligibility of an individual to a waiver of the joint-filing requirement when filing Form I-751 prior to the final termination of the marriage.
[pdf] Offering a Helping Hand: Legal Protections for Battered Immigrant Women: A History of Legislative Responses (March 1, 2002) (+)
This article chronicles the legislative history of immigration protections afforded immigrant crime victims in the Violence Against Women Acts (VAWA) of 1994 and 2000, through the Battered Spouse Waiver, and through VAWA Confidentiality, the history and development of the VAWA self-petition, VAWA cancellation of removal, the battered spouse waiver, any credible evidence standard, VAWA confidentiality, benefits access for battered immigrant VAWA self-petitioners and cancellation/suspension applicants, the U-Visa, victim’s ability to obtain lawful permanent residency in the U.S. and Legal Services Corporation funded legal assistance are discussed in detail. This article collects and publishes information contained in documents developed during advocacy that led to the passage of federal immigration law legislation creating each of these protections.