This interim rule amends the Immigration and Naturalization Service regulations on: Petition to classify alien as immediate relative of a United States citizen or as preference immigrant; Self-petitioning for certain battered or abused spouses and children.

Implementation of the Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents.
This is the first government memo on self-petitioning, so changes in the law may have affected some of it, but the information on annulments (p. 6) and transferring previous priority dates (p. 2) is still valid and helpful. 

See several new provisions incorporated in this document, their proper interpretation and administration.

VAWA 2000: An Act to combat trafficking in persons, specially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes.

USCIS, Immigrant Waivers: Procedures for Adjudication of Form I-601 For Overseas Adjudication Officers (Apr. 28, 2009)

This first INS memo on the special confidentiality provisions and protections against using information from abusers remains the best government document on this issue. Read along with 8 USC 1367 and other documents in this section.

This ICE memo provides interim guidance concerning the expanded confidentiality protections of the VAWA 2005 and the legislation's requirements that ICE issue a certificate of compliance in certain circumstances.

This document contains information regarding to penalties for disclosure of information relating to battered or abused immigrants as well as use of information obtained from batterers and their families. It also provides contact information to report violation of VAWA confidentiality.

This Practice Alert will review the information provided by USCIS about the commencement of these interviews and their response to advocacy. ASISTA urges practitioners to report their experiences with this process in our survey.
We also urge practitioners to zealously advocate for their clients who may be experiencing stress and confusion leading up to these interviews, and to educate USCIS Field Officers on the special considerations owed to VAWA self-petitioners.

This letter presented concerns about the change in practices to I-360 petitions and offers recommendations that would enhance the integrity of the VAWA program and protect immigrant survivors of domestic violence. Read the response from the U.S. Citizenship and Immigration Services. 

ASISTA, Immigrant Legal Resource Center ("ILRC"), and Catholic Legal Immigration Network, Inc. ("CLINIC") co-authored the VAWA Practice Advisory: VAWA Self-Petition Policy Updates.

Click here to access the Executive Summary: VAWA Self-Petition Policy Updates (June 2022)

Click here to download the practice advisory in Word version.

This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Link to USCIS page with the Immigration and Naturalization Act (INA).

VAWA self-petitioners applying for adjustment of status must be admissible or eligible for an exception or waiver. This resource illustrates which grounds of inadmissibility have exceptions and waivers that may be available to a self-petitioner applying for adjustment, with explanations of current USCIS policy. 

This policy memorandum (PM) applies to and will be used to guide referrals and the issuance of NTAs by all USCIS employees, unless otherwise specifically provided in this PM or other USCIS policy or guidance documents.
This PM supersedes Policy Memorandum 602-0050, Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens, dated November 7, 2011.

Click here to access the NTA Practice Update, June 2019:
Issuance of Notices to Appear (NTAs) in Denied Humanitarian-based Immigration Cases.

These annotated notes have been compiled by ASISTA, AILA and ILRC, commenting on the information shared by USCIS during the November 15, 2018 national stakeholder teleconference. We added practice pointers and clarification to USCIS responses.

This memo applies to certain abused spouses who were last admitted to the United States under non-immigrant visa holders, and may obtain employment authorization under INA section 106 for a period of 2 years.

The amendment of this memo provide for continued eligibility for adjustment of status under section 1 of the CAA for an abused spouses or child of a qualifying Cuban principal.

This memo provides guidance to USICS officers in adjudicating VAWA cases, filed by a self-petitioning adopted child, when the adopted child has been battered or abused.

The purpose of this policy memorandum (PM) is to clarify the role of Requests for Further Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in the adjudication of petitions, applications, and other requests. It revised Chapter 10.5(a) of the Adjudicators' Field Manual (AFM)- AFM Updated AD12-04.

This policy memorandum (PM) provides guidance to USCIS officers regarding an amendment to the that provides eligibility for employment authorization to the beneficiary of an approved VAWA self-petition. This PM revises Adjudicators' Field Manual (AFM) Chapters 21.14(I) and 30.13 (AFM Update AD07-16). The guidance contained in the PM will become effective, in advance of regulatory amendment, once the new information collection is approved by the Office of Management and Budget.

This policy memorandum (PM) provides guidance on VAWA self-petitions for "children" who file between age 21 and 25. 

This policy memorandum (PM) details the revision to the Adjudicators' Field Manual (AFM) Chapter 21.15 (AFM Updated AD 06-32).

This policy memorandum (PM) restates the Violence Against Women Act (VAWA) revocation policy.

This policy memorandum (PM) offers information regarding Reapplication of Admission and Adjustment of Status after a prior Removal Order or inadmissibility under section 212 (a)(9)(C)(i)(II).

This policy memorandum (PM) details USCIS revisions and regulation on unlawful presence and inadmissibility under section 212(a)(9)(B) and (C).

This memorandum guidance significantly modifies a prior interpretation of certain provision under CSPA. In particular, it changes how the agency interprets the statute to apply to aliens who age out prior to the enactment date of the CSPA. It also permits those individuals who were ineligible under the prior policy to file a new application for permanent residency. Under certain circumstances, this guidance also permits those individuals who were previously denied for CSPA to file motions to reopen or reconsider without filing fee. It also explains what steps certain aliens who do not automatically benefit from the CSPA can take to protect their status as a child.

This memorandum offers guidelines and clarification on matting the "extreme hardship", "battered or subjected to extreme cruelty", and "credible evidence" under VAWA.

This memo offers information on the policy allowing adjustment of status to VAWA petitioners who do not have "inspection and admission or parole" status.

ICE memo focusing on confidentiality, determining admissibility or deportability solely by information from people involved in the battery or extreme cruelty, etc. 

This is one of the several memoranda discussing CIS discretion to not place non-citizens in removal proceedings in certain circumstances, including VAWA (p. 2) (but read the whole memo). Read along with other documents in this section.

Reminder for USCIS adjudicators to follow the typical approach of law enforcement checks, legal analysis, waivers, with special attention to discretionary analysis.

This is an amendment allowing self-petitioning eligibility for spouses and children of abusive U.S. Citizens or Legal Permanent Residents if the abuser lost his or her status "related to" or "due to" domestic violence during the two-year period immediately preceding the petition.

Clarification that individuals who obtained lawful permanent residence by an approved waiver of the joint filing requirement under section 216 (c)(4)(C) of the INA are also eligible for naturalization under section 319(a).

The purpose of this memorandum is to inform U.S. Citizenship and Immigration Services (USCIS) adjudicators at the Vermont Service Center (VSC) of the change of the law concerning determination of good moral character made in connections with VAWA-based self-petitions (Form I-360). This memorandum on good moral character should be read along with its two attachments and accompanying notes, and the ASISTA newsletter article on good moral character from fall 2008, located below.

This memo prohibits local CIS offices from re-adjudicating self-petitions. Useful tool for educating local officers about their role in adjusting self-petitioners.

This first attachment to the good moral character memo provides a chart of various statutory bars to establishing good moral character and whether they are "waivable" for purposes of overcoming good moral character problems for VAWA self-petitioners. CIS has acknowledged that its reference to 212(a)(9)(A) is no longer statutorily accurate; that bar applies to bigamy at 212(a)(10), not prior removals at (9)(A).

This second attachment to the good moral character memo discusses the standards for the good moral character bar based on false testimony. Please not that the only false USC claim that IS a bar to GMC is a false claim to vote. General false claims to USC are NOT a GMC bar but implicates the "residual" GMC category. CIS agrees with this approach, so to the degree that this memo implies otherwise, it is legally inaccurate.

The purpose of this memorandum is to provide guidance to U.S. Citizenship and Immigration (CIS) personnel concerning these tow laws.

This memo is issued in order to provide guidance in the adjudication of application for Naturalization (Form N-400).

This memo prohibits local CIS offices from re-adjudicating self-petitions. Useful tool for educating local officers about their role in adjusting self-petitioners.

This memo provides a list of situations in which a person would qualify for an authorized period of stay, temporary protected status (TPS), or deferred enforced departure (DED).

This memo states that is the self-petitioner can demonstrate that the divorce from the abusive spouse is connected to the battering or extreme mental cruelty and the self -petitioner files his/her self-petition within two years of the divorce, that self-petition should not be denied on the grounds that a legal marriage no longer exists.

This old memo has excellent language near the end on the "any credible evidence" standard -- "documentary requirements"-- and why it exists. The discussion of "extreme hardship" is no longer relevant to VAWA self-petitions but may be helpful to those seeking VAWA cancellation, where that requirement still exists. Click here to see the Paul Virtue Memo on Any Credible Evidence Standard and Extreme Hardship in word version.

Some of this second INS memo on self-petitioning has been supplanted by subsequent statutory changes, but the actions on what CIS districts are supposed to do (pages 6-7) and the prima facie/public benefit system (pages 4-5 and attachments) are still valid and helpful.

This is the first government memo on self-petitioning, so changes in the law may have affected some of it, but the information on annulments (p. 6) and transferring previous priority dates (p. 2) is still valid and helpful. 

Whether a K-1 is eligible for adjustment of status more than two years after marriage to petitioner. 

This advisory, written by Gail Pendleton and Cecelia Friedman Levin, reviews two common ways in which applications may fail to sufficiently support the credibility of the documentation supplied.

Copyright @2014 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.

Letter submitted on behalf of 70 national, regional, state and local organizations, and individuals expressing the comments regarding the Policy Memorandum, PM-602-XXX: Eligibility for Employment Authorization upon Approval of a Violence Against Women Act (VAWA) Self-Petition; and, Eligibility for Employment Authorization for Battered Spouse of Certain Nonimmigrants ("VAWA EAD Guidance" or "Guidance") for your consideration.

The Violence Against Women Act of 2013 (VAWA 2013), combined with the Trafficking Victims Protection Act (TVPRA), was signed into law on March 7, 2013. This document provides an overview of substantive changes and technical fixes to both the VAWA and the TVPRA as well as practice pointers for attorneys and advocates on how to work with these new changes, prepared by ASISTA staff.

Copyright @2013 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.

This fact sheet clarifies the 2008 decision allowing self-petitioners who were formerly denied Adjustment of Status (because of illegal entry or entry without inspection) to file a motion to reopen.

VAWA 2005: Amendment on the Act from the bill of the House of Representatives (H.R. 3402) entitled "Violence Against Women and Department of Justice Reauthorization Act of 2005".

Summary and practice pointers for the 2005 changes to VAWA, prepared by ASISTA staff. Special thank you to Evangelina Abriel and Susan Schreiber from CLINIC who contributed to the analysis.

Copyright @2005 by ASISTA Immigration Assistance. All rights reserved. This product or any portion thereof may not be reproduced or used without express written permission from ASISTA Immigration Assistance.

Este documento informa las clausulas relativas a la inmigración en relación con la ley VAWA 2005, creado por Joanne Lin y Leslye Orloff de Legal Momentum.

This website provides information about procedures and requirement for each state to get a copy of a birth certificate. You can use this information to try to get birth certificates to prove citizenship of an American-born United States Citizen Abuser.

Note: This is not intended to serve as an exhaustive description of requirement for VAWA or for VAWA AOS

Note: This is not intended as an exhaustive description of requirement for VAWA/SIJS or for VAWA/SIJS-based AOS

Sample RFE cover letter on joint residence and good faith marriage

Sample RFE cover letter on joint residence and good faith marriage

Sample RFE response: Client previously claimed to be married.

Bona Fide Marriage Exemption, ICWC.

USCIS Good Faith Marriage Exemption Decision (November 27, 2013).

USCIS Good Faith Marriage Exemption Decision (December 20, 2006).

This CDC website shows how to get marriage certificates to prove traditional marriages.

This link to the National Conference of State Legislatures provides information on states that recognize common law marriages.

This office memorandum Re: Eligibility to Self-Petition as an Intended Spouse of an Abusive U.S. Citizen or Lawful Permanent Resident, is to inform INS officers in the field that this provision applies to all self-petitions pending on or filed on or after October 28, 2000.

This memo states that is the self-petitioner can demonstrate that the divorce from the abusive spouse is connected to the battering or extreme mental cruelty and the self -petitioner files his/her self-petition within two years of the divorce, that self-petition should not be denied on the grounds that a legal marriage no longer exists.

ASISTA Amicus Curiae Brief in support of applicant's appeal of the denial of her I-360 VAWA self-petition. 

ASISTA Amicus Curiae Brief in support of applicant's appeal of the denial of her I-360 VAWA self-petition.

These arguments for Vermont Service Center were written by Gail Pendleton, Co-Chair of the National Network to End Violence Against Immigrant Women, in support of the amicus brief for the self-petition of K-T on the notice of intent to deny (NOID) on good faith marriage.

These arguments for Vermont Service Center were written by Gail Pendleton, Co-Chair of the National Network to End Violence Against Immigrant Women, in support of the amicus brief for the self-petition of V A-G on the notice of intend to deny (NOID) on good faith marriage and battery or extreme cruelty

This guide was written by Maha Alkhateeb, Peaceful Families Project, Institute of Domestic Violence and Battered Women's Justice Project.

Where evidence of fraud of marriage to a U.S. citizen was found insufficient to support respondent's deportation under section 241(c) of the Immigration and Nationality Act, deportation on invalid visa charge under section 241(a)(1) is also precluded when predicated upon the same evidence of fraudulent marriage. Act of 1952-Section 241(a)(1) [8 U.S.C. 1251(a)]-inadmissible at time of entry, not non-quota immigrant.

Sample BFM Exemption Declaration, ICWC

Sample BFM Exemption Declaration Beneficiary, ICWC

Sample BFM Exemption Declaration Petitioner, ICWC

This amicus brief, submitted to the Southern District of Florida, addresses USCIS's requirement that self-petitioners show shared residence with their abuser during the marriage. With deep gratitude to Prof. Rebecca Sharpless and law students Meredith Hoffman and Olivia Parise from the University of Miami School of Law's Immigration Clinic for their hard work on this brief.
Click here to download the Amicus Brief in Word version.

This decision from the Northern District of Illinois rejects USCIS's arguments that VAWA self-petitioners must have shared a residence with the abuser during the marriage. The case was litigated by Matthew Kriezelman.

Representation of different tactics of power and control used against immigrant women.

Representación de las diferentes tácticas de poder y control utilizadas contra mujeres inmigrantes.

These guidelines outline what kind of information affidavits should include, as well as factors that may prove extreme hardship.

Motion for Leave to File Amici Curiae Brief and Appendix of Authorities in Support of Petitioner and Reversal in Leiva-Mendoza vs. Holder, an Appeal in the 8th Circuit, by the National Network to End Violence Against Immigrant Women, Legal Momentum, the Family Violence Prevention Fund and ASISTA Immigration Assistance Project.

ASISTA Newsletter Fall 2006, includes an article by Sally Kinoshita on recognizing and proving extreme cruelty on VAWA self-petitions.

Example notice of a request for further evidence (RFE) on extreme cruelty from the Vermont Service Center on a VAWA self-petition application.

Pre-regulations article on extreme hardship on VAWA cases written by Gail Pendleton, counsel for the Amici at the National Immigration Project of the National Lawyers Guild.

Amicus Brief for the National Network to End Violence Against Immigrant Women, Legal Momentum, the Family Violence Prevention Fund and ASISTA Immigration Assistance Project, discusses extreme cruelty in the form of children witnessing abuse in the home, providing the history and purpose of VAWA as context and social science background.

ASISTA Newsletter Fall 2008, includes an article by Sally Kinoshita on good moral character, inadmissibility and the relationship between the two. This article provides an overview and practice pointers for self-petitioning and later adjustment of status to lawful permanent residence.

The purpose of this memorandum is to inform U.S. Citizenship and Immigration Services (USCIS) adjudicators at the Vermont Service Center (VSC) of the change of the law concerning determination of good moral character made in connections with VAWA-based self-petitions (Form I-360). This memorandum on good moral character should be read along with its two attachments and accompanying notes, and the ASISTA newsletter article on good moral character from fall 2008, located below.

This first attachment to the good moral character memo provides a chart of various statutory bars to establishing good moral character and whether they are "waivable" for purposes of overcoming good moral character problems for VAWA self-petitioners. CIS has acknowledged that its reference to 212(a)(9)(A) is no longer statutorily accurate; that bar applies to bigamy at 212(a)(10), not prior removals at (9)(A).

This second attachment to the good moral character memo discusses the standards for the good moral character bar based on false testimony. Please not that the only false USC claim that IS a bar to GMC is a false claim to vote. General false claims to USC are NOT a GMC bar but implicates the "residual" GMC category. CIS agrees with this approach, so to the degree that this memo implies otherwise, it is legally inaccurate.

In this decision, the Administrative Appeals Office determined that being under an abusive parents' control qualified as "one central reason for filing delay" under INA 204 (a)(1)(D)(v) and therefore excuses the failure to file an I-360 self-petition before the applicant's 21st birthday.

This practice pointer synthesizes the current recommendations for using USCIS “hotline emails” for customer service inquiries on cases protected by 8 USC § 1367 privacy requirements, i.e., survivor-based relief applications.

This project was supported by Grant No. 15JOVW-23-GK-05161-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

Link to USCIS section on I-360, VAWA Self-Petition form, instructions and checklist.

Link to USCIS section on I-751, Petition to Remove Conditions on Residence form and instructions.

Link to USCIS section on I-485, Application to Register as Permanent Resident or Adjust Status form and instructions.

Link to USCIS section on I-765, Application to Employment Authorization form and instructions.

Link to USCIS section on I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal form and instructions.

Link to USCIS section on I-601, Application for Waiver of Grounds of Inadmissibility form, instructions and flowchart.

Link to USCIS section on I-912, Request for Fee Waiver form and instructions.

Effectively representing a survivor of domestic violence requires understanding ALL immigration options they may be able to pursue. This chart provides an at-a-glance review of the requirements for VAWA Self-Petitions and VAWA Cancellation of Removal. It also highlights situations where one may be better than the other for certain survivors, though some survivors may be eligible for both.

This project was supported by Grant No. 15JOVW-23-GK-05161-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

VAWA Waivers

COVID-19 vaccine and testing information for U-visa and VAWA clients.

This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice.

Handout Service Center Hotlines.

This project was supported by Grant No. 15JOVW-21-GK-02240-MUMU awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice.

In this practice advisory, ASISTA provides practice tips on how to comply with deadlines and submit initial filings during the COVID-19 national emergency. Click here to download the practice pointer in Word version. 

Sample letter to hold an I-485 adjustment of status application in abeyance pending the filling of an I-360 VAWA self-petition and invoking 8 USC 1367 VAWA confidentiality protections. Applicants should file their I-360 within 30 days of notifying CIS of their intent to file.

Sample VAWA Mock RFE with boilerplate, here.

Sample VAWA RFE Response Cover Letter (GFM & joint residence), here.

Sample VAWA Affidavit (skeletal), here.

Sample VAWA Only Filing Letter, here.

Sample VAWA Exhibit List, here.

Sample Receipt Notice Letter, here.

Sample EAD Approval for Pending LPR Letter, here.

Sample Biometrics Notice Letter, here.

Sample Language for USCIS to confirm abuser's USCIS status for VAWA, here.

Sample Affidavit with Commentary, here.

Sample letter to hold an I-485 adjustment of status application in abeyance pending the filling of an I-360 VAWA self-petition and invoking 8 USC 1367 VAWA confidentiality protections. Applicants should file their I-360 within 30 days of notifying CIS of their intent to file. To download the sample letter in Word version, click here.

I-360 Sample Cover letter: CONCURRENT FILING OF FORM I-360 VAWA, Self-Petition under the Violence Against Women Act as an abused spouse of a United States Citizen, & FORM I-485, Application to Adjust Status.

This sample is based off of an I-360 VAWA self-petition, and it is applicable when the adjudicator does not apply the correct standard of evidentiary review.

This form is an opportunity for applicants/advocates to correct and/or clarify a police report. This form would be specially important for cases where a language barrier created misunderstanding or false assumptions.

This intake provides important questions to ask to your client, and can be used as an intake form to determine how your client will best be served or if there is a case.

This article provides a description of what an advocate should include in their credentials, the victim's experience, and the victims's credibility.

Esta presentación explica paso a paso como navegar el sitio web para ver el estatus de su caso.

This project was supported by Grant No. 2017-TA-AX-K061 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

This practice advisory was created in response to reports of long delayed VAWA adjustment cases. In consultation with the Office of the CIS Ombudsman, this advisory contains updates in processing as well as some practice pointers to avoid and to address delays in the processing of your cases.

The Child Status Protection Act (CSPA), provides relief to children who “age-out” as a result of delays by the U.S. Citizenship and Immigration Services (USCIS) in processing visa petitions and asylum and refugee applications.

This practice advisory by Mary Kenney, is one of the three which discuss interim regulations that give USCIS jurisdiction over the adjustment applications of an "arriving alien" parolee who is in removal proceedings.

This practice advisory adopted by Mary Kenney, is the third in a series about interim regulation, adopted May 12, 2006, which give USCIS jurisdiction over the adjustment applications of an "arriving alien" parolee who is in removal proceedings. It discusses how reinstatement of removal under 241(a)(5) applies to people generally, with some information at the end on VAWA. Should read with more recent CIS memo on I-212s.

The amendment of this memo provide for continued eligibility for adjustment of status under section 1 of the CAA for an abused spouses or child of a qualifying Cuban principal.

This policy memorandum (PM) supersedes and rescinds entirely the March 31, 2006 memorandum entitled, "Effect of Perez-Gonzalez v. Ashcroft on adjudication of Form I-212 application filed by aliens who are subject to reinstated removal orders under INA 241(a)(5)' (the "Perez-Gonzalez" memorandum).

This policy memorandum (PM) details USCIS revisions and regulation on unlawful presence and inadmissibility under section 212(a)(9)(B) and (C).

This fact sheet clarifies the 2008 decision allowing self-petitioners who were formerly denied Adjustment of Status (because of illegal entry or entry without inspection) to file a motion to reopen.

This memo offers information on the policy allowing adjustment of status to VAWA petitioners who do not have "inspection and admission or parole" status.

This is one of the several memoranda discussing CIS discretion to not place non-citizens in removal proceedings in certain circumstances, including VAWA (p. 2) (but read the whole memo). Read along with other documents in this section.

Reminder for USCIS adjudicators to follow the typical approach of law enforcement checks, legal analysis, waivers, with special attention to discretionary analysis.

This memo prohibits local CIS offices from re-adjudicating self-petitions. Useful tool for educating local officers about their role in adjusting self-petitioners.

This memo provides a list of situations in which a person would qualify for an authorized period of stay, temporary protected status (TPS), or deferred enforced departure (DED).

Some of this second INS memo on self-petitioning has been supplanted by subsequent statutory changes, but the actions on what CIS districts are supposed to do (pages 6-7) and the prima facie/public benefit system (pages 4-5 and attachments) are still valid and helpful.

Whether a K-1 is eligible for adjustment of status more than two years after marriage to petitioner.

These two flowcharts were created by Esther Limb, Supervising Attorney at Her Justice, in connection with ASISTA’s March 2023 Virtual CLE Conference, “Everything You Ever Wanted to Know About Derivatives.” They are current as of March 2023.

The flowcharts depict the processes to follow for derivative beneficiaries and other relatives of VAWA petitioners, including:

• Consular Processing for VAWA Derivatives
• Adjustment of Status for VAWA Derivatives

To access recordings and other materials from the Conference, including deep dives into the processes behind these flowcharts, visit The ASISTA Online Store.

This intake provides important questions to ask to your client, and can be used as an intake form to determine how your client will best be served or if there is a case. 

Sample letter to hold an I-485 adjustment of status application in abeyance pending the filling of an I-360 VAWA self-petition and invoking 8 USC 1367 VAWA confidentiality protections. Applicants should file their I-360 within 30 days of notifying CIS of their intent to file.

Checklist for clients who have completed forms I-824 and I-485, and have a copy of approval notice of I-360.