On February 10, 2022, USCIS released several VAWA Self-Petition policy changes. The changes include the nationwide implementation of two circuit court decisions and changes in USCIS’s interpretation of the joint residence requirement for VAWA Self-Petitioners. This practice advisory summarizes the policy manual additions by chapter, summarizes the holdings in the two circuit court decisions that USCIS adopted nationwide and provides examples to illustrate the policy manual additions and provides practice tips for practitioners.

The Board of Immigration Appeals, or BIA, recently issued a decision where it concluded that a respondent applying for special rule cancellation of removal based on spousal abuse must show both that the abuser was the respondent’s lawful spouse and was either a United States citizen (USC) or legal permanent resident (LPR) at the time of the abuse. Matter of L-L-P-, 28 I&N Dec. 241 (BIA 2021)

Applicants for naturalization, VAWA, cancellation of removal, voluntary departure, and some other immigration benefits are required to show good moral character (GMC) during a particular timeframe. Under INA §101(f)(6), an applicant is barred from establishing GMC if he or she has given false testimony for the purpose of obtaining any immigration benefit during the relevant statutory period.