237(a)(7) Waiver for Victims of Domestic Violence

 

            Under section 237(a)(7) of the Act, the Attorney general may waive the application of INA Section 237(a)(2)(E)(i) (with respect to crimes of domestic violence and crimes of stalking) and (E)(ii) (with respect to the violation of a protection order) in the case of an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship, upon a determination that the alien was acting in self-defense, violated a protective order intended to protect him, or committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury and there was a connection between the crime and the alien’s having been battered or subjected to extreme cruelty.

            In making the determination whether to grant a Section 237(a)(7) waiver, the Attorney General is not limited by the criminal court record and is to consider any relevant credible evidence. INA Section 237(a)(7)(A)-(B). The determination of what evidence is credible and the weight to be given that evidence is within the Attorney General’s sole discretion. INA Section 237(a)(7)(B).

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