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Applying for Immigrant Status for Victims of Abuse: for Spouses of Residents and Citizens

FEDERAL REGISTER CITE: 61 FR 13061
DATE PUBLISHED: March 26, 1996
BILLING CODE: 4410-10
DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
8 CFR Parts 103, 204, 205 and 216

[INS No. 1705-95]
RIN 1115-AE04

Petition to Classify Alien as Immediate Relative of a United States Citizen or as a Preference Immigrant; Self-Petitioning for Certain Battered or Abused Spouses and Children

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

SUMMARY: This interim rule amends the Immigration and Naturalization Service ("the Service") regulations to allow a spouse or child to seek immigrant classification if he or she has been battered by, or subjected to extreme cruelty committed by the citizen or lawful permanent resident spouse or parent.  It also permits a spouse to seek classification if his or her child has been battered by, or subjected to extreme cruelty committed by, the citizen or lawful permanent resident spouse. A qualified spouse or child who is living in the United States but is not a permanent resident may use the procedures established by this rule to self-petition for immigrant classification. The self-petition may be filed without the abuser's knowledge or consent, and may include the children of a self-petitioning spouse. A person who is granted immigrant classification under this provision may become eligible for lawful permanent resident status. A lawful permanent resident of the United States has legal permission to live and work in this country, and may later qualify for U.S. citizenship through naturalization.

DATES: This interim rule is effective March 26, 1996. Written comments must be received on or before May 28, 1996.

ADDRESSES: Please submit written comments, in triplicate, to the Director, Policy Directives and Instructions Branch, Immigration and Naturalization Service, 425 I Street NW., Room 5307, Washington, DC 20536, Attn: Public Comment Clerk. To ensure proper handling, please reference the INS number 1705-95 on your correspondence. Comments are available for public inspection at this location by calling (202) 514-3048 to arrange an appointment.

Contact Information:

Rita A. Arthur, Senior Adjudications Officer,
Adjudications Division,
Immigration and Naturalization Service,
25 I Street, NW.,
Room 3214,
Washington, DC 20536,
telephone (202) 514-5014.

For more online information:
    
http://www.ojp.usdoj.gov/vawo/laws/insvawa.htm  

visit the US Immigration site to get immigration forms and materials


 

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