Divorce does not end VAWA stepfamily eligibility

Policy effect

From February 10, 2022, USCIS adopted Arguijo v. USCIS nationwide, allowing stepchildren and stepparents to remain eligible for VAWA self-petitions after the parent and stepparent divorced. The change applied to pending VAWA Form I-360 self-petitions and those filed on or after that date, regardless of the self-petitioner’s place of residence. Divorce no longer ended the qualifying stepfamily relationship for this purpose; other VAWA eligibility requirements remained applicable.

Conditions and exceptions

Validated condition or limit: USCIS nationwide, allowing stepchildren and stepparents to remain eligible for VAWA self-petitions after the parent and stepparent divorced.; The change applied to pending VAWA Form I-360 self-petitions and those filed on or after that date, regardless of the self-petitioner’s place of residence.; other VAWA eligibility requirements remained applicable.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… ney General, 4 which held that when evaluating the good moral character requirement, an act or conviction is “connected to” the battery or extreme cruelty when it has “a causal or logical relationship.” • Implements the decision in Arguijo v. USCIS, 5 which allows stepchildren and stepparents to continue to be eligible for VAWA self-petitions if the parent and stepparent divorced. • Clarifies how USCIS considers the 2-year filing requirement when the self-petitioner’s marriage is terminated, the abusive U.S. citizen family member dies, and the abusive family member loses or renounces U.S. citi … of where the self-petitioner resides. 5 See Arguijo v. USCIS, 991 F.3d 736 (7th Cir. 2021), holding that divorce does not terminate a stepchild relationship for the purposes of eligibility for a VAWA self-petition. USCIS has chosen to apply this holding regardless of where the self-petitioner resides. PA-2022-09: Violence Against Women Act Self-Petitions Page: 3 • Provides guidance on special considerations for self-petitions filed subsequent to a Petition for Alien Relative (Form I-130) and an Application to Register Permanent Residence or Adjust Status (Form I-485). Citation Volume 3: Humani … inst Women Act Self-Petitions Page: 2 The other two changes implement the decisions in Da Silva v. Attorney General and Arguijo v. United States nationwide. 3 The guidance, contained in Volume 3 of the Policy Manual, consolidates, updates, and replaces Chapters 21.14 and 21.15 of the Adjudicator’s Field Manual (AFM) and related policy memoranda and changes USCIS’ interpretation of three policies. USCIS is implementing this guidance immediately and the guidance applies to all Petitions for Amerasian, Widow(er), or Special Immigrant (Form I-360) filed as VAWA self-petitions that are currently pe … nding, or filed on or after February 10, 2022. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance. Policy Highlights • Consolidates and updates guidance on eligibility, filing, and adjudication requirements for VAWA-based Form I-360s to reflect current laws and existing practice. • Changes the interpretation of the requirement for shared residence to occur during the qualifying relationship and, instead, requires the self-petitioner to reside or have resided with the abuser at any time in the past. • Implements the decision in Da Silva v. Attor …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2022

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• 2022-01-30New I-94 spouse codes provide proof of work authorization
• 2022-02-01Eligible evacuated Afghans may reuse overseas medical examinations
• 2022-02-07Longer work-document validity for specified protection and parole categories
• 2022-02-07Restoration of the 30-day processing provision for initial asylum employment authorization
• 2022-03-11Mandatory Frivolous Asylum Adjudication Requirements (Matter of M-M-A-)
• 2022-03-15EB-5 Reform and Integrity Act of 2022 (Statutory Regional Center Program Reauthorization)
• 2022-03-28Citizenship-certificate applicants generally provide photos at appointments
• 2022-04-07USCIS Policy Manual Guidance on Interview Waiver Criteria for Family-Based Conditional Permanent Residents (Form I-751)
• 2022-04-19DHS designates Ukraine for Temporary Protected Status
• 2022-04-25Implementation of the Uniting for Ukraine Parole Process
• 2022-05-04DHS temporarily increases automatic EAD extension period to 540 days
• 2022-05-06Deferred-action consideration introduced for visa-blocked SIJs
• 2022-05-20DHS designates Afghanistan for Temporary Protected Status
• 2022-05-31DHS and DOJ issue asylum officer processing interim final rule
• 2022-07-20Policy Manual Guidance on Afghan and Iraqi Special Immigrant Visas Adjudication Transition
• 2022-07-25Permanent Adoption of Reproduced Signature Flexibilities
• 2022-08-02Uncharacterized military discharges treated as honorable for military naturalization
• 2022-08-30Policy Guidance on Special Immigrant and Nonimmigrant Religious Workers (R-1)
• 2022-08-31Codification of policy allowing issuance of diplomatic nonimmigrant visas in the United States to children born in the U.S.
• 2022-09-01Resumption of Cuban Family Reunification Parole (CFRP) Operations
• 2022-09-29Extension of Temporary Waiver of Form I-693 60-Day Rule for Civil Surgeon Signatures
• 2022-10-01President sets FY2023 refugee admissions ceiling at 125,000
• 2022-12-12Naturalization receipts extend green-card evidence for 24 months
• 2022-12-15DHS and DOL add 64,716 H-2B visas for FY2023
• 2022-12-23DHS finalizes public charge inadmissibility rule