8 CFR 204.2 - Petitions for relatives, widows and widowers, and abused spouses and children
| Cite as | 8 CFR 204.2 |
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392 practice notes
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Immigration:
Criminal activity victims; U nonimmigrant classification,
...of VAWA 1994 that allow battered spouses and children of U.S. citizens and lawful permanent residents to seek immigration status. See 8 CFR 204.2(c), 216.5(e)(3). These regulations use the terms ``battery'' and ``extreme cruelty'' to refer to any act or threatened act of violence that resul......
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Part IV
...of VAWA 1994 that allow battered spouses and children of U.S. citizens and lawful permanent residents to seek immigration status. See 8 CFR 204.2(c), 216.5(e)(3). These regulations use the terms ``battery'' and ``extreme cruelty'' to refer to any act or threatened act of violence that resul......
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Immigration:
Intercountry adoptions by U.S. citizens; citizenship classification of alien children under Hague Convention,
...period of legal custody and joint residence can be satisfied by periods of legal custody and joint residence that pre-date the adoption. 8 CFR 204.2(d)(2)(vii)(C Until December 7, 1999, the definition in section 101(b)(1)(E) made immigration benefits available only to a child who had been a......
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Procedures for Asylum and Bars to Asylum Eligibility
...benefits based on domestic violence actions that do not necessarily result in a conviction. See, e.g., 8 U.S.C. 1229b(b)(2)(A); 8 CFR 204.2(c)(1)(i)(E), (c)(1)(vi), (c)(2)(iv), (e)(1)(i)(E), (e)(1)(vi), and Finally, the proposed regulation would exempt from the ineligibility bar aliens who ......
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376 cases
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Avitan v. Holder, Case No. C-10-03288 JCS
...has attempted or conspired to enter into a marriage for the purpose of evading the immigration laws. 8 U.S.C. § 1154(c); see also 8 C.F.R. § 204.2(a)(1)(ii). Thus, where there is "substantial and probative" evidence of such an attempt or conspiracy "contained in the alien's file, " the peti......
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Agyeman v. I.N.S., No. 99-70396.
...14, Page 879 15, 103 S.Ct. 281, 74 L.Ed.2d 12 (1982). Once approved, the I 130 remains valid for the legal duration of the marriage. 8 C.F.R. § 204.2(h)(1) (2001). However, approval of the I 130 petition does not automatically entitle the alien to adjustment of status as an immediate relati......
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Drax v. Reno, Docket No. 02-2047.
...corresponds to the familial relationship between the alien and the person filing the I-130 form. See INA § 203, 8 U.S.C. § 1183; 8 C.F.R. § 204.2.22 The priority date is the date on which the approved I-130 petition was filed. 8 C.F.R. § 204.1(c); 8 C.F.R. § 245.1(g)(2). Subject to a limite......
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Lockhart v. Napolitano, No. 08-3321.
...and the citizen spouse were not legally separated at the time of the citizen's death," and (4) "the alien spouse has not remarried." 8 C.F.R. §§ 204.2(b)(1)(i)-(iv). From this, the Freeman court reasoned that "the more logical and statutorily substantiated interpretation of the second sente......
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4 books & journal articles
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The Legal Assistance Attorney's Guide to Immigration and Naturalization
...injury. It also includes psychocological or sexual abuse or exploitation, to include rape, incest, molestation, or forced prostitution. 8 C.F.R. § 204.2 (c)(vi) 131. 8 U.S.C. § 1154(a)(1)(A)(iii)(II)(aa)(CC)(bbb)-(ccc). 132. Id. § 1154a(1)(vi). See infra pt. IV.F. (discussing lawful permene......
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Relief for Victims of Domestic Violence at the Hands of U.S. Citizen or Lawful Permanent Resident Family Members
...§ 1154(a)(1)(A)(iii)(I)(aa), (II)(aa) (2012); INA § 204(a)(1)(B)(ii)(I)(aa), (II) (aa), 8 U.S.C. § 1154(a)(1)(B)(ii)(I)(aa), (II)(aa); 8 C.F.R. § 204.2(c)(1)(i)(H) (2013). 9. INA § 204(a)(1)(A)(iii)(II)(aa)(BB), (a)(1)(B)(ii)(II)(aa)(BB), 8 U.S.C. § 1154(a) (1)(A)(iii)(II)(aa)(BB), (a)(1)(B......
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Here Come Many More Mail-Order Brides: Why IMBRA Fails Women Escaping the Russian Federation
...status under section 1151 (b)(2)(A)(i) of this title may file a petition with the Attorney General for such classification."). 279 See 8 C.F.R. § 204.2(a)(1)(iii)(B) 280 Id. 281 See Mobydeen, supra note 276, at 952-53. See also Tifany E. Markee, A Call for Cultural Understanding in the Crea......
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Domestic Violence and Immigrants in Family Court
...a VAWA claim filed with Citizenship and Immigration13 Id.14 Id. See also Immigration and Nationality Act, 8 U.S.C. § 1255(a) & (e).15 8 CFR § 204.2(c)(1). Note that this article speaks mostly of abused spouses, but VAWA protections arealso available to children abused by U.S. citizen and leg......