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Chapter: 1400 Technical Requirements Program: MSSI, SFP 34

Note: These individuals are not subject to the five-year ban. 1440.0112 Cuban/Haitian Entrants (MSSI, SFP) Cuban/Haitian Entrants is 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; c. has an application for asylum pending with the USCIS, and with respect to whom a final, non-appealable, and legally enforceable order of deportation or exclusion has not been entered; or d. has special immigrant juvenile status.

Verification for 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 other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban. 1440.0113 Battered (MSSI, SFP) 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 are 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

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; or d. an application for cancellation of removal or suspension of deportation filed as a victim of domestic violence.

2. The noncitizen, the noncitizen's child or the noncitizen child's parent has been abused in the U.S. under the following circumstances: