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ATTORNEY [ licensed to practice in KOREA, U.S.A., ILLINOIS ] LEE, JAE WOOK
∗ [FOR AlienS - ENGLISH LANGUAGE LEGAL SERVICES in Counseling, Application and LITIGATION & TRIAL IN COURTS and TRIBUNALS in KOREA]
INTERNATIONAL DIVORCE, CIVIL, REAL ESTATE, PERSONAL INJURY, DAMAGES, TRAFFIC ACCIDENT, FRAUD, PENAL LAW, CRIMINAL TRIAL, FELONY, GUILTY PLEA, LEASE, RENTAL LAW, IMMIGRATION, INVESTMENT, TAX, INCORPORATION, TRADE, CONTRACT, DISPUTE IN CORPORATION, GOVERNMENT TREATMENT, REFUGEE, REMOVAL, VISA, PERMANENT RESIDENCE, CITIZENSHIP]
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[Category]
U.S.A. Violence Against Women Act & LPR (VAWA. ̱ ؿ ֱ)
  • ̱̹δ
  • U.S.A. Immigration PRACTITION TIP (̱ ̹ ǹ Tip)
  • U.S.A. Defense Service for Immigration Fraud and Crime (̱ ̹ ȣ, ڹ )
  • U.S.A. Defense Service for Immigration Application Fraud Offenders (̱ ̹νû ȣ, ڹ )
  • U.S.A. C VISA (̱ ܱ )
  • U.S.A. DHS USCIS Adjudicator's Field Manual (AFM ̱ Ⱥ ̹α ̹νɻ Ŵ)
  • U.S.A. Department of States Foreign Affairs Manual (9 FAM VISAS of DOS. ̱ ѹ̱ ó Ŵ)
  • U.S.A DOL Permanent Labor Certification Process (Program Electronic Review Management. PERM ̱ 뵿 ֱ )
  • U.S.A. Korea-Based Consular process(DOS. ̱ ̱ )
  • U.S.A. E1 & E2 Temporary Visa (̱ ܱ )
  • U.S.A. F visa (̱ л )
  • U.S.A. H visa (̱ ܱ )
  • U.S.A. J visa (̱ 湮 ܱ )
  • U.S.A. K visa (̱ ùα ڿ ȥ ܱ )
  • U.S.A. L visa (̱ ؿٹ ܱ)
  • U.S.A. O visa & P visa (̱ ü ܱ )
  • U.S.A. R visa (̱ ܱ )
  • U.S.A. S visa (̱ ˼ ܱ )
  • U.S.A. T Visa & U visa (̱ νŸŸ & ȣ ܱ)
  • U.S.A. V Visa (̱ ֱ ȥ ܱ )
  • U.S.A. WAIVER for Removal by Deportability & Inadmissibility (̱ Ա Ա ߹ )
  • üⰣ(NIV EOS)
  • U.S.A. Non-Immigrant Visa Change of Status (NIV COS. ̱ ̹ι źк)
  • U.S.A. Removal by Inadmissibility (̱ Ա Ա)
  • U.S.A. Removal by Deportability (̱ Ա ڿ ߹)
  • U.S.A. Removal of condition for Conditional LPR( ̱ Ǻ ȥֱڿ Ǻ ̹οֱ )
  • U.S.A. National Interest Waiver for EB-2 Immigrant Visa (NIW. ̱ EB-2 ̹κ ͸ α׷)
  • U.S.A. Employment-Based Immigration(̱ ̹ )
  • U.S.A. Family-Based Immigration(̱ ̹ )
  • U.S.A. Adjustment of Status to LPR (AOS. ̱ źк濡 ֱ û)
  • U.S.A. EB-5 Visa (̱ ̹ ֱ)
  • U.S.A. Deferred Action for Childhood Arrivals (DACA), Deferred Action for Parents of Americans(DAPA)(̱ ûҳ ߹濬⺸ȣ, ùαڳ θ߹濬⺸ȣ)
  • U.S.A. Violence Against Women Act & LPR (VAWA. ̱ ؿ ֱ)
  • U.S.A. USCIS Administrative Appeals Office Process (̱ USCIS Ǽ AAO Һ )
  • U.S.A. Appeal to District Court (̱ ׼ )
  • U.S.A. Process of Immigration Court (̱ ̹νǼ )
  • U.S.A. Board of Immigration Appeals Process (BIA. ̱ ̹װǼ )
  • U.S.A. Immigration and Customs Enforcement Process (DHS ICE. ̱ ̹ μ )
  • U.S.A Removal - Basics (̱ ߹ )
[Category]
U.S.A. Violence Against Women Act & LPR (VAWA. ̱ ؿ ֱ)


[Title]
Additional Remedies Under VAWA: Battered Spouse Waiver12
Start →



Introduction3

In 1986, Congress added the Immigration Marriage Fraud Amendments (IMFA)4
        a) to the Immigration and Nationality Act (INA).

The purpose of IMFA was
        a) to deter people
                i) from entering fraudulent marriages
                        A) solely for the purpose of obtaining lawful permanent resident status.5

One of the main changes
        a) that resulted from IMFA

1) was the creation
        a) of conditional residence.6

1 This Manual is supported by Grant No. 2005-WT-AX-K005 and 2011-TA-AX-K002 awarded by the Office on Violence Against Women, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. We wish to gratefully acknowledge the contributions of Janice Kaguyutan, Maunica Sthanki of Louisiana State University, Jan Tran of the George Washington University School of Law, and Autumn Brietstein of the University of Michigan School of Law in the preparation of this chapter.
2 In this Manual, the term victim has been chosen over the term survivor because it is the term used in the criminal justice system and in most civil settings that provide aid and assistance to those who suffer from domestic violence and sexual assault. Because this Manual is a guide for attorneys and advocates who are negotiating in these systems with their clients,
using the term victim allows for easier and consistent language during justice system interactions. Likewise, The Violence
Against Women Acts (VAWA) protections and help for victims, including the immigration protections are open to all victims without regard to the victims gender identity. Although men, women, and people who do not identify as either men or women can all be victims of domestic violence and sexual assault, in the overwhelming majority of cases the perpetrator
identifies as a man and the victim identifies as a woman. Therefore we use he in this Manual to refer to the perpetrator and she is used to refer to the victim. Lastly, VAWA 2013 expanded the definition of underserved populations to include sexual orientation and gender identity and added non-discrimination protections that bar discrimination based on sex, sexual orientation and gender identity. The definition of gender identity used by VAWA is the same definition as applies for federal hate crimes – actual or perceived gender-related characteristics. On June 26, 2013, the U.S. Supreme Court struck down a provision of the Defense of Marriage Act (DOMA) (United States v. Windsor, 12-307 WL 3196928). The impact of this decision is that, as a matter of federal law, all marriages performed in the United States will be valid without regard to whether the marriage is between a man and a woman, two men, or two women. Following the Supreme Court decision, federal government agencies, including the U.S. Department of Homeland Security (DHS), have begun the implementation
of this ruling as it applies to each federal agency. DHS has begun granting immigration visa petitions filed by same-sex married couples in the same manner as ones filed by heterosexual married couples (http://www.dhs.gov/topic/implementation-supreme-court-ruling-defense-marriage-act). As a result of these laws VAWA self- petitioning is now available to same-sex married couples (this includes protections for all spouses without regard to their gender, gender identity - including transgender individuals – or sexual orientation) including particularly:
        victims of battering or extreme cruelty perpetrated by a U.S. citizen or lawful permanent resident spouse against a same sex partner in the marriage is eligible to file a VAWA self-petition; and
        an immigrant child who is a victim of child abuse perpetrated by their U.S. citizen or lawful permanent resident step-parent is also eligible when the childs immigrant parent is married to a U.S. citizen or lawful permanent resident spouse without regard to the spouses gender.
3 For more information on this topic, visit http://niwaplibrary.wcl.american.edu/vawa-confidentiality.
4 Pub. L. No. 99-639, 100 Stat. 3537 (codified as amended at 8 U.S.C. 1186a.)
5 Id.
6 INA 216(a)(1), 8 U.S.C. 1186a(a)(1) (1986); INA 216(g)(1), 8 U.S.C. 1186a(g)(1).






Immigrant women
        a) who are married to U.S citizens or lawful permanent residents
                i) for less than two years
                ii) at the time of the permanent residence interview
                        A) with U.S. Citizenship and Immigration Services
                                I) (CIS, formerly INS)

1) are not
        a) automatically
        b) granted permanent residence;
2) rather, they receive conditional residence
        a) for two years.

Within ninety days
        a) before the end of the two-year period,

1) both
        a) husband and
        b) wife

   must file a joint petition
        a) to have the condition removed, and
2) both may be required to appear
        a) before a CIS official
        b) for a personal interview.7

The joint petition requirement
        a) placed battered immigrant women
                i) in a vulnerable situation
                ii) because of the power
                        A) that it gave to their abusers.

To control their victims,

abusers could refuse
        a) to jointly file the petition or
        b) cooperate in the mandated CIS personal interview.

Victims had no alternative
        a) but to remain in abusive relationships or
        b) try to meet the stringent requirements
                i) for waivers
                        A) under the 1986 IMFA. 8

Otherwise,

their immigration status would be jeopardized.

In certain situations,

the 1986 IMFA allowed waivers
        a) of the joint petition requirement.9

These waivers, however, did not address the circumstances
        a) of battered immigrants.10

Congress responded
        a) to this dangerous situation
        b) by enacting the 1990 Amendments
                i) to the INA (Immigration Act of 1990).11

In addition to amending the existing waivers,

Congress created a new type
        a) of waiver
        b) addressing specifically the dangers
                i) experienced by battered immigrants.12

If the battered immigrant can prove certain conditions,

1) approval
        a) of a battered spouse waiver

    eliminates the joint petition requirement
        a) for removal of conditional resident status and
    prevents her from being locked
        a) for two years
        b) in an abusive marriage.13

The 1990 changes provided battered immigrant women
        a) with a powerful legal tool
                i) to escape abusive relationships.

This chapter
        a) provides an overview
                i) of conditional residence and
        b) explains the process
                i) involved in
                        A) attaining and
                        B) removal
                                I) of that status.

The chapter details the different waivers
        a) to the joint petition,
        b) specifically the Battered Spouse Waiver,
                i) that were created by the Immigration Act of 1990.

The chapter also provides guidance on
        a) how to spot potential Battered Spouse Waiver applicants and
        b) how to effectively prepare a Battered Spouse Waiver.

← End



[Title]
Additional Remedies Under VAWA: Battered Spouse Waiver12



  6 →   Extreme Hardship Waiver  
  5 →   Affidavit from Applicant:  
  3 →   Confidentiality  
  2 →   Conditional Residence  

1
     
       

[Category]


  • ̱̹δ
  • U.S.A. Immigration PRACTITION TIP (̱ ̹ ǹ Tip)
  • U.S.A. Defense Service for Immigration Fraud and Crime (̱ ̹ ȣ, ڹ )
  • U.S.A. Defense Service for Immigration Application Fraud Offenders (̱ ̹νû ȣ, ڹ )
  • U.S.A. C VISA (̱ ܱ )
  • U.S.A. DHS USCIS Adjudicator's Field Manual (AFM ̱ Ⱥ ̹α ̹νɻ Ŵ)
  • U.S.A. Department of States Foreign Affairs Manual (9 FAM VISAS of DOS. ̱ ѹ̱ ó Ŵ)
  • U.S.A DOL Permanent Labor Certification Process (Program Electronic Review Management. PERM ̱ 뵿 ֱ )
  • U.S.A. Korea-Based Consular process(DOS. ̱ ̱ )
  • U.S.A. E1 & E2 Temporary Visa (̱ ܱ )
  • U.S.A. F visa (̱ л )
  • U.S.A. H visa (̱ ܱ )
  • U.S.A. J visa (̱ 湮 ܱ )
  • U.S.A. K visa (̱ ùα ڿ ȥ ܱ )
  • U.S.A. L visa (̱ ؿٹ ܱ)
  • U.S.A. O visa & P visa (̱ ü ܱ )
  • U.S.A. R visa (̱ ܱ )
  • U.S.A. S visa (̱ ˼ ܱ )
  • U.S.A. T Visa & U visa (̱ νŸŸ & ȣ ܱ)
  • U.S.A. V Visa (̱ ֱ ȥ ܱ )
  • U.S.A. WAIVER for Removal by Deportability & Inadmissibility (̱ Ա Ա ߹ )
  • üⰣ(NIV EOS)
  • U.S.A. Non-Immigrant Visa Change of Status (NIV COS. ̱ ̹ι źк)
  • U.S.A. Removal by Inadmissibility (̱ Ա Ա)
  • U.S.A. Removal by Deportability (̱ Ա ڿ ߹)
  • U.S.A. Removal of condition for Conditional LPR( ̱ Ǻ ȥֱڿ Ǻ ̹οֱ )
  • U.S.A. National Interest Waiver for EB-2 Immigrant Visa (NIW. ̱ EB-2 ̹κ ͸ α׷)
  • U.S.A. Employment-Based Immigration(̱ ̹ )
  • U.S.A. Family-Based Immigration(̱ ̹ )
  • U.S.A. Adjustment of Status to LPR (AOS. ̱ źк濡 ֱ û)
  • U.S.A. EB-5 Visa (̱ ̹ ֱ)
  • U.S.A. Deferred Action for Childhood Arrivals (DACA), Deferred Action for Parents of Americans(DAPA)(̱ ûҳ ߹濬⺸ȣ, ùαڳ θ߹濬⺸ȣ)
  • U.S.A. Violence Against Women Act & LPR (VAWA. ̱ ؿ ֱ)
  • U.S.A. USCIS Administrative Appeals Office Process (̱ USCIS Ǽ AAO Һ )
  • U.S.A. Appeal to District Court (̱ ׼ )
  • U.S.A. Process of Immigration Court (̱ ̹νǼ )
  • U.S.A. Board of Immigration Appeals Process (BIA. ̱ ̹װǼ )
  • U.S.A. Immigration and Customs Enforcement Process (DHS ICE. ̱ ̹ μ )
  • U.S.A Removal - Basics (̱ ߹ )

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