C Determining the Deeming Exemption for Victims of Domestic Violence

Program	Manual Section
All programs	MA608.B

Procedures

Review the AH-611 completed by the customer and follow the steps below to determine if the noncitizen a victim of domestic violent and exempt from sponsor deeming:

Step	Action
1	Is the noncitizen a victim of domestic violence or extreme cruelty, the parent of a battered child, or the child of a battered parent? If NO, STOP. The noncitizen does not meet this exemption. If YES, continue to Step 2.
2	Was the abuser the spouse, parent or other family member of the victim and living with the victim when the abuse occurred? If NO, STOP. The noncitizen does not meet this exemption. If YES, continue to Step 3.
3	Did the abuse occur in the United States? If NO, STOP. The noncitizen does not meet this exemption. If YES, continue to Step 4.
4	Did the noncitizen participate in the battery or abuse? If NO, STOP. The noncitizen does not meet this exemption. If YES, continue to Step 5.
5	Does the victim currently live with the abuser? If YES, STOP. The noncitizen does not meet this exemption. If NO, the noncitizen may qualify for this exemption, and must provide proof of the domestic violence or extreme cruelty. NOTE Due to the nature of the control and fear involved in situations of battery and domestic violence, staff will need to be flexible in working with the customer as he or she attempts to gather the best available credible evidence.