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IMA POLICY MANUAL PART IV: NON-FINANCIAL ELIGIBILITY REQUIREMENTS
Documentation to Confirm Domestic Violence Qualification 7.12.6
| ALL |
ALL The following is a list of common immigration documents that are generated as a result of family-based immigrant visa petitions, self-petitions for immigrant visas, and applications for cancellation of removal/suspension of deportation. This list is not exclusive and additional documents not listed here may also corroborate a relevant immigration status.
| A. |
Approved or pending I-360 self-petition for an immigrant visa
- INS Form I-797 or I-797C indicating approval or prima facie validity of an I-360 petition (only I-360s based on status as a widow/widower of a U.S. citizen or as a self-petitioning spouse or child of an abusive U.S. citizen or LPR may be accepted).
- An I-360 petition with proof of filing such as a file-stamped copy of the petition, an INS Form I-797 or I-797C, or a signed certified return receipt or cash register or computer generated receipt (only I-360s based on status as a widow/widower of a U.S. citizen or as a self-petitioning spouse or child of an abusive U.S. citizen or LPR are relevant).
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| B. |
Approved or pending I-130 petition for an immigrant visa
- INS Form I-797 indicating filing or approval of an I-130 petition (only I-130 petitions describing the following relationships are relevant: husbands or wives of U.S. citizens or LPRs, unmarried children under 21 years old of U.S. citizens or LPRs, or the unmarried sons or daughters age 21 or older of LPRs ).
- An I-130 petition with proof of filing such as a file stamped copy of the petition, or another document demonstrating filing such as a signed certified return receipt, cash register or computer generated receipt (only I-130 petitions describing the following relationships are relevant: husbands or wives of U.S. citizens or LPRs, unmarried children under 21 years old of U.S. citizens or LPRs, or the unmarried sons or daughters age 21 or older of LPRs).
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| C. |
Approved or pending application for cancellation of removal or suspension of deportation
- An order or document from the Immigration Court or Board of Immigration Appeals granting suspension of deportation under INA section 244(a)(3) as in effect prior to April 1, 1997, or cancellation of removal under INA section 240A(b)(2).
- An application for cancellation of removal (Form EOIR-42B) or suspension of deportation (Form EOIR-40) with proof of filing such as a file-stamped copy of the application, or another document demonstrating filing such as a signed certified return receipt or a cash register or computer generated receipt (only applications for suspension of deportation under INA section 244(a)(3) as in effect prior to April 1, 1997, or cancellation of removal under INA section 240A(b)(2).
- A document from the Immigration Court or Board of Immigration Appeals indicating that the applicant has established a prima facie case for suspension of deportation under INA Section 244(a)(3) as in effect prior to April 1, 1997, or cancellation of removal under INA Section 240A(b)(2).
| Document Verification Procedures
Follow the procedures outlined below to verify the immigration status of applicants who allege eligibility as abused immigrants. If the applicant filed a self-petition as a victim of abuse (Form I-360) or a family based immigrant visa petition (Form I-130), complete the form in Exhibit IV-6. Fax the form to the INS Vermont Service Center: fax 802-527-3159 or 802-527-3252.
If the applicant filed for cancellation of removal or suspension of deportation as a victim of abuse, complete the form in Exhibit IV-7. Fax the form to the immigration court where the application was filed. You may locate the current fax numbers for the immigration courts on the list in Exhibit IV-8. If an immigrant has provided the agency with all required documentation and that documentation indicates that s/he is a qualified immigrant based on the domestic violence criteria, but the Immigration and Naturalization Service or immigration court has not returned the verification forms within the applicable application processing timeframes, the SSR should:
- Determine the individual's eligibility for benefits assuming that s/he is a qualified immigrant
- Approve or deny the application within the applicable application time frame.
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