SUBJECT: Revocation of VAWA-Based Self-Petitions (Forms I-360); AFM Update AD10-49

Similar documents
Scope Unless specifically exempted herein, once finalized, this PM will apply to and will be binding on all USCIS employees.

Memorandum MAY

Immigration Relief for Vulnerable Populations: Human Trafficking, Crime Victims, Domestic Violence and Child Abuse

Procedures for Calculating Maximum Period of Stay Regarding the Limitations on Admission for H-1B and L-1 Nonimmigrants (AFM Update AD 05-21)

Immigration Relief for Vulnerable Populations: Human Trafficking, Crime Victims, Domestic Violence and Child Abuse

United States Department of Justice Executive Office for Immigration Review

ADVANCED SELF PETITIONS AND U VISAS FOR ADVOCATES. Edna Yang Political Asylum Project of Austin

The Child Status Protection Act Children of Asylees and Refugees

U.S. Department of Homeland Security 20 Massachusetts Ave. NW Washington, DC HQDOMO 70/23.1-P AD06-07

Case: 1:13-cv Document #: 1 Filed: 08/13/13 Page 1 of 10 PageID #:1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

NATURALIZATION & US CITIZENSHIP: THE ESSENTIAL LEGAL GUIDE 15 TH EDITION TABLE OF CONTENTS

Additional Guidance Regarding Surviving Spouses of Deceased U.S. Citizens and their Children (REVISED)

Policy Memorandum. U.S. Citizenship and Immigration Services. May 10,2018 PM Accrual of Unlawful Presence and F, J, and M Nonimmigrants

HQDOMO 70/1-P. From: Michael Aytes /s/ Associate Director, Domestic Operations. Date: February 8, 2007

ALL SERVICE CENTER DIRECTORS ALL DISTRICT DIRECTORS ALL OFFICERS IN CHARGE

IMMIGRATING THROUGH MARRIAGE

Immigration Provisions of the Violence Against Women Act (VAWA)

Interoffice Memorandum

Executive Actions on Immigration

SUBJECT: Signatures on Paper Applications, Petitions, Requests, and Other Documents Filed with U.S. Citizenship and Immigration Services

Scope This PM applies to, and is binding on, all USC IS employees unless specifically exempt. This PM replaces AFM Chapter 21, part 2(c)(6)(B).

CHAPTER FIVE OVERVIEW OF IMMIGRATION RELIEF FOR IMMIGRANT VICTIMS OF ABUSE AND CRIME

Wage and Hour Division (WHD)

Applying for Immigration Benefits Under VAWA

Draft Memo. Policy Memorandum

Matter of CHRISTO'S, INC. Decided April 9,2015 s

INDEX Abused spouses and children. See Vio- lence Against Women Act (VAWA) Addicts. See Drug abusers Adjustment of status. See also Form I-485

March 27, 2003 MEMORANDUM FOR THOMAS E. COOK ACTING ASSISTANT COMMISSIONER, OFFICE OF ADJUDICATIONS

Agency Information Collection Activities; Revision of a Currently Approved Collection:

BIA RECOGNITION AND ACCREDITATION

CHILDREN AND IMMIGRATION

ANALYSIS AND PRACTICE POINTERS

HAUSWIESNER KING LLP

VSC Stakeholder Notes 1 VAWA Teleconference

United States Court of Appeals

USCIS PUBLISHES NEW RULE FOR NONIMMIGRANT VICTIMS OF CRIMINAL ACTIVITY

April 16, The Deputy Secretary

New Protections for Immigrant Women and Children Who Are Victims of Domestic Violence

Field Operations Memo June 1, Cescia Derderian, Assistant Commissioner for Field Operations

4/1/15. Nuts and Bolts of Family Practice. Domestic Relations and Immigration. Federal Government and Immigration

Signatures on Paper Applications, Petitions, Requests, and Other Documents Filed with U.S. Citizenship and Immigration Services

FALSE CLAIMS TO U.S. CITIZENSHIP: CONSEQUENCES AND POSSIBLE DEFENSES 1 (July 2014) by Jessica Chicco and Zahava Stern 2

4/11/17. Immigration Relief for Survivors: VAWA. Objectives VAWA SELF-PETITIONS & BATTERED SPOUSE WAIVERS

HQADN 70/23.1. March 8, 2002

Immigration Law Overview

DV: Barriers to Seeking Help. DV: Power and Control Tactics

BILLING CODE: DEPARTMENT OF JUSTICE. Executive Office for Immigration Review. 8 CFR Parts 1003, 1103, 1208, 1211, 1212, 1215, 1216, 1235

AILA InfoNet Doc. No (Posted 1/31/13)

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM NOTES. (CT:VISA-1374; ) (Office of Origin: CA/VO/L/R)

Rules and Regulations

Authority INA 212(a)(6)(A)(i), 212(d)(5)(A), 235(a), and 245(a), (c); 8 U.S.C. 1182(a)(6)(A)(i), 1182(d)(5)(A), 1225(a), and 1255(a), (c)

Dear VSC VAWA Unit, I. Problematic RFEs. A. Overlooking Evidence in the Record and Boilerplate RFEs:

SPECIAL IMMIGRANT JUVENILE STATUS

Chapter 1 CHAPTER 1 INTRODUCTION TO HARDSHIP AND THE MANUAL. This chapter includes:

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION. Case No. V.n-Q'-tytW-'&fpfc

Housing Provider Determinations of Battering or Extreme Cruelty for I-130 Applicant Battered Spouses and Children

NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE 40 NORTH PEARL STREET ALBANY, NY

Interoffice Memorandum

SUBJECT: Matter of I- Corp., Adopted Decision (AAO Apr. 12, 2017)

Case Problem Submission Worksheet (CIS Ombudsman Form DHS-7001) Instructions

Immigration Remedies for Survivors of Domestic Violence. April 4, 2017

USCIS Update Dec. 11, 2008

SPECIAL DIRECTIVE 16-05

Applying for Employment Authorization for Your VAWA Client

MEDICAL SERVICES POLICY MANUAL, SECTION D

Screening TPS Beneficiaries for Other Potential Forms of Immigration Relief. By AILA s Vermont Service Center Liaison Committee 1

CHAPTER SEVENTEEN Applying for Employment Authorization for Your VAWA Client

741 F.3d 1228 (2014) No United States Court of Appeals, Eleventh Circuit. January 17, 2014.

NOTICE. NEW PROCEDURES FOR OBTAINING AGENCY ISSUED LICENSES/CERTIFICATIONS Effective November 1, 2007

U.S. Department of Homeland Security Citizenship and Immigration Services Administrative Appeals Office

Questions & May Answers

BILLING CODE: DEPARTMENT OF HOMELAND SECURITY. U.S. Citizenship and Immigration Services. 8 CFR Parts 214 and 248

Program Letter Violence Against Women Act 2006 Amendments

HOUSING AND SERVING UNDOCUMENTED IMMIGRANTS WHO ARE HOMELESS

The H-2B Visa and the Statutory Cap: In Brief

You may request consideration of deferred action for childhood arrivals if you:

AILA InfoNet Doc. No (Posted 01/26/10)

Employee Questionnaire for Permanent Residency

Unauthorized Aliens: Policy Options for Providing Targeted Immigration Relief

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM NOTES. (CT:VISA-1317; ) (Office of Origin: CA/VO/L/R)

South Carolina Department of Labor, Licensing and Regulation South Carolina Real Estate Commission

IMMIGRATION RELIEF FOR SEXUAL ASSAULT SURVIVORS

Washington Association of Building Officials Accredited Code Official Program

CHEP Conference /19/2014. Manner of Entry. Cuban/Haitian Entrants typically arrive to the US by one of three modes:

Status Eligibility Definition SAVE Code Documentation Card Documentation

ADM-9-03 OT:RR:RD:BS H JLB DEPARTMENT OF HOMELAND SECURITY. 8 CFR Part 212. [Docket No: USCBP ] CBP Decision No.

Cultural Perspectives Panel

Cecelia Friedman Levin, ASISTA. Participants will be better able to:

NACC Standards for Child Welfare Law Attorney Specialty Certification California Specific

Freedom from Fear: Helping Undocumented Victim of Domestic Violence

CHAPTER ONE INTRODUCTION. 1.1 What Is Parole?

Policy Memorandum. Authority Section 292 of the Immigration & Nationality Act 8 CFR 1; 103; 292

The First Annual Con$umer Law

June 2016 Summary of Changes

MAJOR RECENT DEVELOPMENTS IN IMMIGRATION IN IMMIGRATION

Additions to Adjudicator's Field Manual, Chapter 25. 1(g)(6) and 25.1(h)(4) and Appendix XXXX (AFM Update AD09-48)

Homeland Security Investigations Amy Valenzuela Supervisory Special Agent Immigration Options for Crime Victims

APPLICATION FOR CERTIFICATION AS A BIOLOGICAL WASTEWATER TREATMENT OPERATOR

Family-Based Immigration

APPLICATION FOR CERTIFICATION AS A WELL DRILLER

Transcription:

U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000 December 15, 2010 PM-602-0022 Policy Memorandum SUBJECT: Revocation of VAWA-Based Self-Petitions (Forms I-360); AFM Update Purpose This Policy Memorandum (PM) restates the Violence Against Women Act (VAWA) revocation policy. Scope Unless specifically exempted herein, this PM applies to and is binding on all USCIS employees. Authority 8 CFR 205.2; 62 FR 16607. Background A memorandum addressing the revocation of VAWA-based self-petitions was originally issued August 5, 2002. At that time, certain district offices were issuing notices of intent to revoke Form I-360, Petitions for Amerasian, Widow(er), or Special Immigrant, that were approved at the Vermont Service Center (VSC) pursuant to the self-petitioning provisions contained in VAWA. The 2002 memorandum was intended to ensure consistency in the adjudication of VAWA self-petitions, including consistency in revocations of VAWA self-petitions. Accordingly, the VSC was designated as the USCIS office with the sole authority to revoke an approved VAWA self-petition. However, district offices have not been following the 2002 memorandum instructions. Policy In 1997, to ensure appropriate and expeditious handling of all self-petitions filed by battered spouses and children, the former Immigration and Naturalization Service implemented a centralized filing procedure by which all VAWA self-petitions are adjudicated at the VSC. The VSC adjudications officers assigned to the VAWA unit have received specialized domestic violence training and have developed expertise in adjudicating these petitions, including expertise in identifying fraudulent filings. Therefore, in order to ensure consistency in the adjudication of VAWA cases, self-petitions that field offices believe should be reviewed for possible revocation are to be returned to the VSC for review. This PM therefore reiterates the policy in order to remind officers that a request for review must be based on new evidence not available at the time the Form I-360 was approved by the VSC.

Page 2 All requests must be accompanied by a memorandum explaining the new evidence and its impact on the adjudication of the self-petition, and the memorandum must be signed by a supervisor. As of the date of this PM, the VSC will not accept any requests for review that do not follow the instructions outlined below. Implementation Accordingly, the AFM is revised as follows: 1. Add new paragraph (z) to AFM Chapter 21.14 to read: Chapter 21: Family-based Petitions and Applications 21.14 Self-petitions by Abused Spouses and Children (z) Revocation of VAWA-based Forms I-360. (1) Field Request for Review of an Approved VAWA-based Form I-360. If an officer in the field receives new information that was not available to the VSC at the time of the approval of a VAWA self-petition, and that new information leads the officer to reasonably believe that a VAWA self-petition should be revoked, the officer must write a memorandum to his or her Supervisory Immigration Service Officer (SISO) explaining why the VAWA self-petition should be reviewed for possible revocation. The memorandum must state what the new information is and how USCIS obtained it. (2) Supervisory Review and Return to VSC. If, upon review of an officer s memorandum of explanation, the SISO concurs in the officer s assessment, the SISO must sign the memorandum and forward it, with the file in question, to the VSC to the attention of the VAWA unit. A VSC VAWA unit supervisor will review the memorandum of explanation and the relating file and make a recommendation either to initiate revocation proceedings or to reaffirm the self-petition. If the VSC supervisor concurs with a recommendation to reaffirm the self-petition, he or she must write a memorandum explaining why the self-petition was not revoked. This memorandum will be returned to the field with the file. In all such situations, the VSC is expected to complete its review process on an expedited basis. Selfpetitions being returned to the VSC from a field office, or from the VSC to a field office, must in all cases be accompanied by a memorandum signed by the appropriate supervisor.

Page 3 (3) Reminder of Special Provisions Relating to VAWA Cases. Officers should keep in mind that section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) (8 U.S.C. 1367) prohibits DHS employees from making an adverse determination of admissibility or deportability of an alien using information provided solely by: A spouse or parent who has battered the alien or subjected the alien to extreme cruelty; the alien who has battered the alien or subjected the alien to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty; A spouse or parent who has battered the alien's child or subjected the alien's child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty); or the alien who has battered the alien's child or subjected the alien's child to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty. (See IIRIRA 384(a)(1). For limited exceptions to this prohibition, see IIRIRA 384(b).) Any adverse information received by USCIS from a self-petitioner's U.S. citizen or lawful permanent resident spouse or parent, or from relatives of that spouse or parent, must be independently corroborated by an unrelated source before USCIS may take adverse action based on that information. (See Virtue, INS Office of Programs, "Non-Disclosure and Other Prohibitions Relating to Battered Aliens: IIRIRA 384," (May 5, 1997).) Section 384 of IIRIRA also prohibits DHS employees from permitting the use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information that relates to an alien who is the beneficiary of a VAWA-based selfpetition. (See IIRIRA 384(a)(2).) Anyone who willfully uses, publishes, or permits such information to be disclosed in violation of IIRIRA 384 will face disciplinary action and be subject to a civil money penalty of up to $5,000 for each such violation. (See IIRIRA 384(c).)

Page 4 2. Add new paragraph (z) to AFM Chapter 21.15 to read: 21.15 Self-petitions by Abused Parents of U.S. Citizens (z) Revocation of VAWA-based Forms I-360. (1) Field Request for Review of an Approved VAWA-based Form I-360. If an officer in the field receives new information that was not available to the VSC at the time of the approval of a VAWA self-petition, and that new information leads the officer to reasonably believe that a VAWA self-petition should be revoked, the officer must write a memorandum to his or her Supervisory Immigration Service Officer (SISO) explaining why the VAWA self-petition should be reviewed for possible revocation. The memorandum must state what the new information is and how USCIS obtained it. (2) Supervisory Review and Return to VSC. If, upon review of an officer s memorandum of explanation, the SISO concurs in the officer s assessment, the SISO must sign the memorandum and forward it, with the file in question, to the VSC to the attention of the VAWA unit. A VSC VAWA unit supervisor will review the memorandum of explanation and the relating file and make a recommendation either to initiate revocation proceedings or to reaffirm the self-petition. If the VSC supervisor concurs with a recommendation to reaffirm the self-petition, he or she must write a memorandum explaining why the self-petition was not revoked. This memorandum will be returned to the field with the file. In all such situations, the VSC is expected to complete its review process on an expedited basis. Selfpetitions being returned to the VSC from a field office, or from the VSC to a field office, must in all cases be accompanied by a memorandum signed by the appropriate supervisor. (3) Reminder of Special Provisions Relating to VAWA Cases. Officers should keep in mind that section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) (8 U.S.C. 1367) prohibits DHS employees from making an adverse determination of admissibility or deportability of an alien using information provided solely by: A spouse or parent who has battered the alien or subjected the alien to extreme cruelty; the alien who has battered the alien or subjected the alien to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty;

Page 5 A spouse or parent who has battered the alien's child or subjected the alien's child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty); or the alien who has battered the alien's child or subjected the alien's child to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty. (See IIRIRA 384(a)(1). For limited exceptions to this prohibition, see IIRIRA 384(b).) Any adverse information received by USCIS from a self-petitioner's U.S. citizen or lawful permanent resident spouse or parent, or from relatives of that spouse or parent, must be independently corroborated by an unrelated source before USCIS may take adverse action based on that information. (See Virtue, INS Office of Programs, "Non-Disclosure and Other Prohibitions Relating to Battered Aliens: IIRIRA 384," (May 5, 1997).) Section 384 of IIRIRA also prohibits DHS employees from permitting the use by or disclosure to anyone (other than a sworn officer or employee of the Department, or bureau or agency thereof, for legitimate Department, bureau, or agency purposes) of any information that relates to an alien who is the beneficiary of a VAWA-based selfpetition. (See IIRIRA 384(a)(2).) Anyone who willfully uses, publishes, or permits such information to be disclosed in violation of IIRIRA 384 will face disciplinary action and be subject to a civil money penalty of up to $5,000 for each such violation. (See IIRIRA 384(c).) 3. The AFM Transmittal Memoranda button is revised by adding a new entry, in numerical order, to read: 12/15/2010 Chapter 21.14(z) Chapter 21.15(z) This memorandum provides guidance on revocations of VAWA-based I-360s. Use This PM is intended solely for the guidance of USCIS personnel in the performance of their official duties. It is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law or by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner. Contact Information Questions or suggestions regarding this PM should be addressed through appropriate channels to the Office of Policy & Strategy or to the Service Center Operations Directorate.