Lawyers Manual - Unified Court System

348 Lori Cohen
48. For a more detailed discussion of the VAWA self-petition process, see Julie
Dinnerstein, “Comprehensive Guide to Violence Against Women Act
(VAWA) Self-petition for Domestic Violence Victims,” American
Immigration Lawyers Association, Immigration & Nationality Handbook
(2006-07 ed.).
49. INA § 204(a)(1)(A)(iii); (B)(ii). Children of an abusive USC or LPR parent
may self- petition independently. INA § 204(a)(1)(A)(iv); (B)(iii). In
addition, parents of abusive USC sons or daughters may self-petition.
INA § 204(a)(1)(A)(vii).
50. INA § 245(a), (c).
51. A victim may also self-petition if the batterer has lost his US citizen or
permanent resident status within the last two years in connection with an
incident of domestic violence. INA § 204(a)(1)(A)(iii)(II)(CC)(bb).
52. INA § 204(a)(1)(A)(iii); (B)(ii); Dinnerstein, “Comprehensive Guide,”
note 48.
53. INA § 204(a)(1)(A)(iii)(II)(aa)(CC)(ccc); (B)(ii)(II)(aa)(CC)(bbb).
54. INA § 204(a)(1)(A)(iii)(II)(dd); (B)(ii)(II)(dd), as amended by the Violence
Against Women Act of 2000 (enacted as div. B of Victims of Trafficking
and Violence Protection Act of 2000, Pub. L. No. 106-386, § 1501, 1503,
114 Stat. 1464, 1519) (Oct. 28, 2000). The regulations and self-petition
form, however, continue to include the joint US residence requirement,
8 CFR § 204.2(c)(1)(i)(D); (v); Form I-360.
55. INA § 204(a)(1)(A)(v), as amended by the Violence Against Women Act of
2000, Pub. L. No. 106-386, § 1503, 114 Stat. 1520 (Oct. 28, 2000). But see
8 CFR § 204.2(c)(1)(i)(C); (v); Form I-360.
56. 8 CFR § 204.2(c)(2)(v).
57. See INA § 101(f) for good moral character requirements.
58. The “look back” period for good moral character focuses on the three years
immediately preceding the filing of the self-petition, but the Service may
investigate beyond that period if there is reason to believe that she was not
of good moral character during that time. Interoffice Memorandum from
William R. Yates, Associate Director, Operations, to Paul E. Novak,
Director, Vermont Service Center, USCIS File No. HQOPRD 70/8.1/8.2,
Determinations of Good Moral Character in VAWA-Based Self-Petitions,
January 19, 2005, http://www.uscis.gov/graphics/lawsregs/
handbook/GMC_011905.pdf (accessed Sept. 8, 2006).