Resources on New Rights for Battered Immigrants
-III. 2002 Article on VAWA 2000, Trafficking, and U Visas
-II. VAWA II Immigration Fixes
-I. VAWA Updates September 2000
0. National Network for Battered Immigrant Women Form
Primary Materials on Self-Petitioning
I. Explanatory materials
A. Applications for Immigration Status under VAWA
B. Potential problem areas for VAWA self-petitioners
II. Statutes, regulations, and INS memoranda
A. Statutes
1. Statutes in order in which Congress created them
2. IIRIRA § 384, prohibition against INS use of abuser’s information
B. Interim regulations 61 Fed. Reg. 13,061 (March 26, 1996)
C. INS memoranda
1. Fact Sheet, INS Implements Direct Mail of Form I-360 (April 9, 1997)
2. Office of Programs, Supplemental Guidance on Battered Alien Self-Petitioning Process and Related Issues (May 6, 1997)
3. Office of Programs, Implementation of Crime Bill, Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996)
4. Office of Programs, Non-Disclosure and Other Prohibitions Relating to Battered Aliens: IIRIRA § 384 (May 5, 1997)
5. General Counsel, “Extreme Hardship” and Documentary Requirements Involving Battered Spouses and Children (October 16, 1998)
6. Press Release announcing new Vermont telephone information line (August 11, 2000)
7. Office of Programs, Deferred Action Determinations for Self-petitioning Battered Spouses and Children (September 8, 2000)
8. Office of Field Operations, Lawful Permanent Resident Within Two Years of Divorce (January 2, 2002)
9. Office of the Executive Associate Commissioner, Revocation of VAWA-Based Self-Petitions (I-360s), (August 5, 2002)
10. Office of the Executive Associate Commissioner, Eligibility to Self-Petition as an Intended Spouse of an Abusive USC or LPR (Bigamy memo, August 21, 2002)
III. Application Forms
A. Form I-360 (9/11/00 version)
B. Form I-360 (3/7/96 version)
C. Completing the old Form I-360
D. Completing the old Form I-485
E. Form I-485 (9/9/92 version)
F. Form I-485 (2/7/00 version)
G. Form I-485 Supplement A (6/5/03 version)
IV. Evidentiary Checklist
A. Proving physical abuse or extreme cruelty
B. Proving extreme hardship
C. Document collection checklist for self-petitioners
V. Sample application materials
A. Cover letter
B. I-360
C. Self-petitioner affidavit
D. Affidavit on extreme hardship and good moral character
E. Document index
F. Domestic Violence counselor affidavit
G. Expert affidavits on domestic violence and extreme hardship
H. Freedom of Information Act (FOIA) requests for information on abuser’s status
I. Family court finding useful for immigration case
VI. Deferred Action and Work Authorization
A. Office of Programs, Deferred Action for Self-Petitioning Battered Spouses and Children with Approved I-360 Petitions (December 22, 1998)
B. Deferred Action grant and EAD notice from Vermont Service Center
C. Work Authorization affidavits
D. DA/EAD requests to District Offices
E. DA grant by District Director
F. EAD fee waiver request to District Director
G. INS operating instruction on Deferred Action (for District Director)
H. Office of the Executive Associate Commissioner, Unlawful Presence, (Deferred Action is not unlawful presence, June 12, 2002)
VII. Client processing materials
A. “Know Your Rights… As a Battered Immigrant” brochure
B. “Know Your Rights… If Stopped by INS” brochure
C. Sample intake forms
VIII. Background information
A. Immigration law for domestic violence service providers
1. Merryman, The Interaction of Domestic Violence and Immigration Concerns
2. Priority dates and approval notices
3. Sample identification documents
4. Glossary of immigration terms
5. Resource on domestic violence in immigrant communities
B. Domestic violence information for immigration practitioners
1. Sample safety plan
2. Family Violence Prevention Fund, Domestic Violence in Civil Court Cases (1992)
Supplement 1: Additional Resources
I. Finding information about the abuser
Center for Disease Control, Where to Write for Vital Records
II. Challenging use of immigration status in family court
The Impact of Domestic Violence on Children, a Report to the President of the American Bar Association (1994).
III. Framing and arguing public challenge
E. Ruddick, Memorandum on challenging public charge exclusion
IV. Detailed analysis of problems in interim regulations
National Network on Behalf of Battered Immigrant Women, Comments to INS
Interim Final Regulations (Model Comments)
V. Documentation on domestic violence
Bibliography of literature on domestic violence
VI.Amicus Brief on meaning of “extreme cruelty”
Supplement 2: Related Relief for Battered Immigrants
I. Pursuing I-130s without the abuser
A. Excerpts from Model Comments
B. Letter from Boston INS office on interviews without spouse
C. Sample complaint challenging refusal to interview
D. Sample cover letter and documentation
E. Sample letters to District Directors requesting change in interview policy
II. Suspension of Deportation
A. Amicus brief on VAWA cancellation, February 1999
B. Motion to Terminate Deportation Proceedings (to allow self-petition)
C. Sample suspension application (OLD: USE ONLY IN CONJUNCTION WITH PENDLETON 2001 ARTICLE ESP. ON VAWA EXTREME HARDSHIP)
D. BIA decision on extreme cruelty, Matter of Barrett (March 1996)
F. BIA decision on extreme hardship in regular suspension, Matter of O-J-O, 21 I&N Dec. 381 (BIA 1996)
G. BIA decision on motions to reopen for suspension, Matter of L-O-G, 21 I&N Dec. 413 (BIA 1996)
H. Texas immigration judge’s decision on VAWA suspension
I. Amici briefs to BIA on VAWA extreme hardship definition
III. Domestic Violence as “Exceptional Circumstances”
Matter of Sherwood, A71 033 689 (BIA September 10, 1996)