Lawyers Manual - Unified Court System

Representing Immigrant Victims of Domestic Violence 345
384_memo_-_clean_copy.pdf (accessed September 8, 2006). Separate
provisions guard confidentiality of asylum applications. 8 CFR § 208.6;
§ 1208.6. USCIS is one of three bureaus that replaced the Immigration and
Naturalization Service (“INS”) as a result of reorganization under the
Homeland Security Act of 2002, Pub. L. No. 107-296, 116 Stat. 2135 (Nov.
25, 2002).
12. There is no filing fee for an asylum application.
13. 8 CFR § 103.7(c). For guidance on fee waivers, see Memorandum from
William R. Yates, Assoc. Director, to Service Center Directors, CIS,
Regional Directors, CIS, District Directors, CIS, File No. HG70/5.5, Field
Guidance on Granting Fee Waivers Pursuant to 8 CFR 103.7(c) (March 4,
2004), http://uscis.gov/graphics/lawsregs/handbook/FeeWaiverGd3404.pdf
(last updated Sept. 7, 2006).
14. INA § 301 (generally); § 309 (children born out of wedlock).
15. Victims of child abuse are also eligible for relief separate from those of
their mother; however, other than in the context of VAWA cancellation,
those remedies are beyond the scope of this chapter.
16. US Department of Homeland Security, Office of Immigration Statistics,
US Legal Permanent Residents: 2005 (April 2006),
http://www.uscis.gov/graphics/shared/statistics/publications/
USLegalPermEst_5.pdf (accessed Aug. 12, 2006).
17. Form I-130. The Petition for Alien Relative, as well as other forms
discussed in this article, can be found at the USCIS website,
http://www.uscis.gov/graphics/formsfee/forms/index.htm (last updated July
31, 2006). Forms may also be ordered by calling (800) 870-3676.
18. Visa eligibility based upon “priority dates” can be checked monthly on the
US State Department’s website, http://travel.state.gov/visa/frvi/bulletin/
bulletin_2943.html (last updated Aug. 12, 2006).
19. For example, an immediate relative seeking permanent residence in New
York City can currently expect to wait about one year before obtaining a
green card, while her neighbor in Albany faces approximately a threemonth
wait. Information on application processing dates can be found at
https://egov.immigration.gov/cris/jsps/ptimes.jsp (last updated Aug. 12, 2006).
20. The Violence Against Women Act (“VAWA”) is part of the Violent Crime
Control and Law Enforcement Act of 1994, Pub. L. No. 103-322,
§ 40701-03, 108 Stat. 1796, 1902-55 (Sept. 13, 1994).