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USCISbatteredspouse

USCISbatteredspouse

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Date Created:March 10, 2016

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Tags:USCISbatteredspouse, nonimmigrant, Nonimmigrants, Battered, authorization, eligibility, applicant, Chapter, uscis, Principal, employment, evidence, foreign, spouses, immigration, policy, states, united, spouse


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U.S. Citizenship and Immigration Services
Office the Director (MS 2000)
Washington, 20529-2000
March 2016
PM-602-0130
Policy Memorandum
SUBJECT: Eligibility for Employment Authorization for Battered Spouses Certain
Nonimmigrants
Revisions the Adjudicator Field Manual (AFM); Revision Chapter 30.13
(AFM Update AD16-01)
Purpose
This policy memorandum (PM) provides guidance U.S. Citizenship and Immigration Services
(USCIS) officers regarding the amendment the Immigration and Nationality Act (INA) that
expands eligibility for employment authorization battered spouses certain nonimmigrants. interim titled Eligibility for Employment Authorization upon Approval Violence
Against Women Act (VAWA) Self-Petition; and, Eligibility for Employment Authorization for
Battered Spouses Certain Nonimmigrants was posted December 12, 2012 for public
comment.
This final applies only the employment authorization eligibility abused spouse
admitted under INA section 101(a)(15)(A), (E)(iii), (G), (H) who accompanies follows
join spouse admitted under INA section 101(a)(15)(A), (E)(iii), (G), (H) and effective
upon publication the new Form I-765V, Application for Employment Authorization for
Abused Nonimmigrant Spouse, for this program.
This revises Chapter 30.13 the Adjudicator Field Manual (AFM); AFM Update AD1601.
The nonimmigrant visas applicable INA section 106 employment authorization eligibility are:
A-1, A-2, and A-3: Foreign government diplomats and officials and immediate family members and their
attendants, servants, and personal employees;
E-3: Australian specialty occupation workers;
G-1, G-2, G-3, G-4, and G-5: Employees foreign governments and international organizations and immediate
family members and their attendants, servants, and personal employees; and
H-1B, H-1B1, H-2A, H-2B, H-3, H-4: Specialty occupation workers, Free Trade Agreement professionals from
Chile and Singapore, temporary agricultural and non-agricultural workers, trainees and special education exchange
visitors, and immediate family members specialty occupation workers.
PM-602-0130: Eligibility for Employment Authorization for Battered Spouses Certain
Nonimmigrants
Scope
Unless specifically exempted herein, this applies and binding all USCIS employees.
Authorities
Section 814(c) the Violence Against Women and Department Justice
Reauthorization Act 2005 (VAWA 2005), Pub. 109-162 (2006).
INA section 106.
Title Code Federal Regulations CFR) 274a.12.
Background
Section 814(c) VAWA 2005 amended the INA provide eligibility for employment
authorization certain abused spouses nonimmigrants admitted under INA section
101(a)(15)(A), (E)(iii), (G), (H).
Policy
Certain abused spouses who were last admitted the United States under INA section
101(a)(15)(A), (E)(iii), (G), (H) and accompanied are following join principal spouse
admitted under INA section 101(a)(15)(A), (E)(iii), (G), (H) may obtain employment
authorization under INA section 106. USCIS will issue employment authorization for period years. the time initial filing for employment authorization under INA section 106, credible
evidence must submitted establish that the applicant resides the United States and that
the applicant the applicant child has been battered has been the subject extreme cruelty
perpetrated the principal nonimmigrant spouse. INA section 106 states that requests for
employment authorization shall handled under the procedures that apply applicants seeking
relief under INA section 204(a)(1)(A)(iii). Consistent with the description qualifying
marital relationship INA section 204(a)(1)(A)(iii), applicant for employment authorization
under INA section 106 must demonstrate that she: married qualifying principal nonimmigrant spouse;
Was married qualifying principal nonimmigrant spouse and The spouse died within years filing the application; The spouse lost qualifying nonimmigrant status due incident domestic
violence;
INA section 106(a) states that the case alien spouse admitted under subparagraph (A), (E)(iii), (G), (H) INA section 101(a)(15) who accompanying following join principal alien admitted under subparagraph
(A), (E)(iii), (G), (H) such section, respectively, the Secretary Homeland Security may authorize the alien
spouse engage employment the United States and provide the spouse with employment authorized
endorsement other appropriate work permit the alien spouse demonstrates that during the marriage the alien
spouse child the alien spouse has been battered has been the subject extreme cruelty perpetrated the
spouse the alien spouse.
The any credible evidence provision INA section 204(a)(1)(J) shall apply applications for employment
authorization for abused spouses nonimmigrants admitted under INA section 101(a)(15)(A), (E)(iii), (G), (H).
PM-602-0130: Eligibility for Employment Authorization for Battered Spouses Certain
Nonimmigrants The marriage the principal spouse was terminated within the years prior filing
for the INA section 106 employment authorization, and there connection between
the termination the marriage and the battery extreme cruelty. the applicant remarries prior adjudication the application, she will ineligible for
initial issuance renewal employment authorization under INA section 106.
USCIS will consider any and all credible evidence relevant the application. The determination what evidence credible and what weight given that evidence within the sole
discretion USCIS.
Applicants may apply renew their employment authorization they continue meet the
initial filing requirements, although renewal applicants need not resubmit evidence abuse.
Employment authorization renewals will issued 2-year intervals.
USCIS has also elected extend the confidentiality provisions Title United States Code,
section 1367 applicants for employment authorization under INA section 106.
Implementation
Accordingly, the AFM revised follows: Revise Chapter 30.13 AFM Chapter 30, entitled Nonimmigrants General, read:
30.13 Employment Authorization for Abused Spouses Certain
Nonimmigrants
(a) Background. INA section 106 extends eligibility for employment authorization
abused spouses nonimmigrants admitted under INA section 101(a)(15)(A), (E)(iii),
(G), (H).
INA section 101(a)(15):
(A) nonimmigrant (or Foreign government diplomats and officials,
immediate family members foreign government diplomats and
officials, and their personal employees, attendants, domestic workers)
(E)(iii) E-3 nonimmigrant (or Australian specialty occupation worker)
(G)
(H) nonimmigrant (or Foreign government international organization
representative, immediate family members foreign government
international organization representatives, and their personal
employees, attendants, domestic workers) nonimmigrant (or Specialty occupation worker, temporary
seasonal agricultural worker, temporary non-agricultural worker,
trainee special education visitor, and immediate family
members specialty occupation workers)
PM-602-0130: Eligibility for Employment Authorization for Battered Spouses Certain
Nonimmigrants
Please see INA section 101(a)(15)(A),(E)(iii), (G), and (H) for complete listing all the applicable nonimmigrant categories.
(b) Eligibility.
(1) Eligibility Requirements. eligible for employment authorization issued
under INA section 106, credible evidence must submitted demonstrating that the
applicant: the qualifying spouse who accompanied followed join principal nonimmigrant
admitted under INA section 101(a)(15)(A), (E)(iii), (G), (H); The applicant must
demonstrate that she: married qualifying principal nonimmigrant spouse;
Was married qualifying principal nonimmigrant spouse and The spouse died within two years filing the EAD application; The spouse lost qualifying nonimmigrant status due incident
domestic violence; The marriage the principal spouse was terminated within the two years
prior filing for the INA section106 employment authorization, and there connection between the termination the marriage and the battery
extreme cruelty. (See AFM 21.14(q)(2) for additional guidance);
Was last admitted nonimmigrant under INA section 101(a)(15)(A), (E)(iii),
(G), (H);
Was battered has been subjected extreme cruelty perpetrated the
principal nonimmigrant spouse during the marriage and after admission
nonimmigrant under INA section 101(a)(15)(A), (E)(iii), (G), (H); and
Currently resides the United States. the applicant remarries prior adjudication the application, she will
ineligible for initial issuance renewal employment authorization under INA section
106.
(c) Filing Requirements. Applicants must file the Form I-765V, Application for
Employment Authorization for Abused Nonimmigrant Spouse, accordance with the
form instructions.
(1) Supporting Documentation. The application for employment authorization under
INA section 106 must include:
Evidence applicant admission qualifying nonimmigrant status;
Evidence principal spouse admission qualifying nonimmigrant status
PM-602-0130: Eligibility for Employment Authorization for Battered Spouses Certain
Nonimmigrants
(Note: Although the applicant may not able provide documentary evidence her/his spouse nonimmigrant status, the applicant must provide some
identifying evidence such name, place birth, country birth, date birth,
date entry into the United States, I-94 number, employer, etc. Officers will
conduct search the appropriate electronic systems attempt verify the
qualifying nonimmigrant status the spouse.);
Evidence qualifying spousal relationship with the principal nonimmigrant;
Evidence applicant current residence the United States; and
Evidence abuse, such police reports, court records, medical records,
reports from social service agencies, affidavits. there protective
court order place, copy should submitted.
(2) Consideration Evidence. USCIS will consider any credible evidence relevant the application. The determination what evidence credible and what weight given that evidence within the sole discretion USCIS.
(d) Adjudicative Process.
The adjudicating officer must ensure the applicant has met the following requirements
prior approving the Form I-765V:
Completed and signed Form I-765V accordance with CFR 103.2(a)(2);
Submitted the required passport-style color photographs;
Resides the United States;
Provided evidence applicant qualifying admission;
Provided evidence the qualifying spousal relationship;
Provided evidence the abusive spouse qualifying nonimmigrant status; and
Provided evidence the qualifying battery extreme cruelty that occurred
during the marriage and after most recent admission the United States
nonimmigrant under INA section 101(a)(15)(A), (E)(iii), (G), (H).
(e) Approval. the applicant has met these requirements, the Form I-765V will
approved for employment authorization under INA section 106. Employment
authorization will issued under one the following codes:
(c)(27) the abused spouse nonimmigrant;
PM-602-0130: Eligibility for Employment Authorization for Battered Spouses Certain
Nonimmigrants
(c)(28) the abused spouse E(iii) nonimmigrant;
(c)(29) the abused spouse nonimmigrant;
(c)(30) the abused spouse nonimmigrant.
(f) Validity Period Employment Authorization Document (EAD). USCIS will issue the
EAD for period two years.
(g) Renewals. USCIS may approve requests for renewals INA section 106 EAD
two-year intervals. The application for renewal employment authorization under INA
section 106 must include:
Completed and signed Form I-765V accordance with CFR 103.2(a)(2);
The required passport-style color photographs;
Evidence applicant current residence the United States;
Evidence the principal nonimmigrant maintains valid immigration status under
INA section 101(a)(15)(A), (E)(iii), (G), (H) the date filing the EAD
renewal application (Note: application for EAD renewal may also filed
within two years the date the principal nonimmigrant death, within two
years the principal nonimmigrant loss status result incident
domestic violence, within two years the termination the marriage there connection between the termination the marriage and the battery extreme
cruelty .); and
Evidence previous EAD issued under INA section 106. the renewal applicant unable provide evidence that the principal nonimmigrant
maintains valid immigration status under INA section 101(a)(15)(A), (E)(iii), (G), (H),
officers will conduct search the appropriate electronic systems attempt verify
the principal nonimmigrant status. the applicant remarries prior adjudication the Form I-765V, she will
ineligible renew employment authorization under INA section 106.
Unless otherwise requested USCIS, renewal applicants need not submit any
additional documentation.
(h) Denials. There appeal from the denial Form I-765V.
PM-602-0130: Eligibility for Employment Authorization for Battered Spouses Certain
Nonimmigrants The AFM Transmittal Memoranda button revised adding new entry, numerical
order, read:
AD16-01
03/10/2016
Chapter 30.13
Provides guidance eligibility for employment
authorization for battered spouses certain
nonimmigrants provided INA section
106. These provisions were added VAWA
2005.
Use
This intended solely for the guidance USCIS personnel the performance their
official duties. not intended to, does not, and may not relied upon create any right
benefit, substantive procedural, enforceable law any individual other party
removal proceedings, litigation with the United States, any other form manner.
Contact Information
Questions suggestions regarding this should addressed through appropriate channels
the Office Policy and Strategy, Family Immigration and Victim Protection Division.