| 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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