Waiver for Victims of Domestic Violence
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.
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).
TO GENERIC ORAL DECISION FORMAT