Immigration Law

Recent Posts

New ICE VAWA Directive (Mar. 16, 2022)
Posted on 20 Mar 2022 by Daniel M. Kowalski

ICE, Mar. 16, 2022 - Implementation of Section 1367 Protections for Noncitizen Victims of Crime "This Directive establishes U.S. Immigration and Customs Enforcement (ICE) policy for the identification and disclosure of information protected by... Read More

Tags: vawa , ICE

DOJ Applauds VAWA Reauthorization
Posted on 16 Mar 2022 by Daniel M. Kowalski

DOJ, Mar. 16, 2022 "Attorney General Merrick B. Garland, Deputy Attorney General Lisa O. Monaco, and Associate Attorney General Vanita Gupta today applauded the reauthorization of the Violence Against Women Act (VAWA). VAWA was reauthorized as... Read More

Tags: vawa

USCIS Updates VAWA Policies (Feb. 10, 2022)
Posted on 10 Feb 2022 by Daniel M. Kowalski

USCIS, Feb. 10, 2022 "...Through this publication, USCIS will begin to address some of the VAWA self-petition-related concerns that were raised in feedback received in stakeholder engagements. Further, this publication builds the framework for... Read More

CA7 on VAWA: Arguijo v. USCIS
Posted on 15 Mar 2021 by Daniel M. Kowalski

Arguijo v. USCIS "The Violence Against Women Act added to the Immigration and Nationality Act a provision giving “immigrant status” (i.e., permanent residence) to an alien “child” who has suffered domestic violence at the... Read More

Tags: vawa

BIA on Special Rule Cancellation, Stop-Time: Matter of L-L-P-
Posted on 24 Feb 2021 by Daniel M. Kowalski

Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021) An applicant for special rule cancellation of removal under section 240A(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(2) (2018), based on spousal abuse must demonstrate both... Read More

CA9 on VAWA, "Admission" - Enriquez v. Barr
Posted on 13 Aug 2020 by Daniel M. Kowalski

Enriquez v. Barr "Eduardo Enriquez petitions for review of the Board of Immigration Appeals’ (BIA) decision dismissing his appeal and affirming the Immigration Judge’s (IJ) denial of his application for cancellation of removal. Because... Read More

Tags: vawa , admission

News Excerpts From the April 15, 2014, Bender’s Immigration Bulletin
Posted on 3 Apr 2014 by LexisNexis Legal Newsroom Staff

USCIS Clarifies “Reason to Believe” Standard for I-601A Provisional Waivers | On March 18, 2014, USCIS sent an e-mail to stakeholders seeking to cure confusion surrounding the regulation that prohibits the granting of provisional waivers... Read More

BIA on VAWA: Matter of Pangan-Sis, 27 I&N Dec. 130 (BIA 2017)
Posted on 6 Oct 2017 by Daniel M. Kowalski

Matter of Pangan-Sis, 27 I&N Dec. 130 (BIA 2017) - An alien seeking to qualify for the exception to inadmissibility in section 212(a)(6)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(A)(ii) (2012), must satisfy all three... Read More

Webinar July 16, 2014: Immigration Relief for Victims of Human Trafficking
Posted on 10 Jul 2014 by Daniel M. Kowalski

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a webinar training session on Wednesday, July 16, 2014, from 2:00 p.m. to 3:30 p.m. (Eastern) to discuss relief options available to victims of human trafficking, domestic... Read More

USCIS Draft Memo for Comment: EAD Eligibility; VAWA; Battered Spouses
Posted on 13 Dec 2012 by Daniel M. Kowalski

Eligibility for Employment Authorization upon Approval of a Violence Against Women Act (VAWA) Self-Petition; and, Eligibility for Employment Authorization for Battered Spouses of Certain Nonimmigrants - "This policy memorandum (PM) provides guidance... Read More

USCIS Interim Memo for Comment - VAWA amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children
Posted on 19 Jun 2015 by Daniel M. Kowalski

"This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers regarding the Violence Against Women Act (VAWA) amendments to the Cuban Adjustment Act (CAA). The amendments provide for continued eligibility... Read More

Tags: CAA , cuban , vawa , adjustment , USCIS , memo

Unpub. BIA GMC, Discretion Victory in OKC VAWA Cancellation Case
Posted on 17 Jan 2014 by Daniel M. Kowalski

"[A]lthough the respondent's ability to leave the abusive relationship and the length of time she has been out of the relationship weigh against a favorable exercise of discretion in this case, we ultimately conclude that this and the other negative... Read More

Exception to the Two-Year Custody and Two-Year Residency Requirement for Abused Adopted Children: USCIS Policy Memo
Posted on 17 Jul 2014 by Daniel M. Kowalski

"This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in adjudicating Form I-360, Petition for Amerasian, Widow(er) or Special Immigrant, filed by a self-petitioning adopted child, when the adopted... Read More

Advance Copy of USCIS Interim Rule: Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status
Posted on 17 Dec 2016 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 12/19/2016 - "The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for victims of human trafficking seeking T nonimmigrant... Read More

USCIS Policy Memo on VAWA Authorized EADs
Posted on 10 Mar 2016 by Daniel M. Kowalski

USCIS, Mar. 8, 2016 - "This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers regarding the amendment to the Immigration and Nationality Act (INA) that expands eligibility for employment authorization... Read More