Page 41

Chapter: 1400 Technical Requirements Program: TCA 36 The court will include the date deportation was withheld. If the applicant does not present a court order, do secondary verification.

Note: These individuals are not subject to the five-year ban. 1420.0112 Cuban/Haitian Entrants (TCA) Cuban/Haitian Entrants as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 any national of Cuba or Haiti who:

1. was granted parole status as a Cuban/Haitian Entrant (status pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; or

2. any other national of Cuba or Haiti who:

a. was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act (INA); b. is the subject of exclusion or deportation proceedings under the INA; or c. has an application for asylum pending with the U.S. Citizenship and Immigration Services (USCIS), and with respect to whom a final, non-appealable, and legally enforceable order of deportation or exclusion has not been entered.

Verification of this status includes:

1. USCIS Form I-94, stamped paroled as “Cuban/Haitian Entrant, Status Pending”, 2. USCIS Form I-55I with code CU6 or CH6, 3. unexpired temporary I-55I stamp in foreign passport, 4. USCIS Form I-94 with code CU6 or CH6, or, 5. individuals with an application for asylum pending will have “Form I-589 filed” or official USCIS receipt of I-589 along with an I-94 with this status.

Note: These individuals are not subject to the five-year ban. 1420.0113 Battered (TCA) A battered spouse or child, or parent or child of a battered person with a petition pending under Section 204(a)(1)(A) or (B) or 244(a)(3), as determined by USCIS. Defined as noncitizens who are, or have been battered or subjected to extreme cruelty in the United States by a family member with whom they reside. This includes a noncitizen whose child or a noncitizen child whose parent has been abused. The phrase battered or subjected to extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence.

Note: These individuals are subject to the five-year ban if entry date is after 8/22/96. Battered children under the age of 18 are not subject to the five-year ban.

Noncitizens who claim to be battered must satisfy all of the following requirements:

1. Show that noncitizen has an approved or pending petition which makes a prima facie case for immigrant status in one of the following categories:

a. a Form I-130 filed by their spouse or the child’s parent; b. a Form I-130 petition as a widow(er) of a U.S. citizen; c. an approved self-petition under the Violence Against Women Act (including those filed by a parent;