009.10(D) EXCEPTION TO COUNTING SPONSOR’S INCOME.

If a sponsored immigrant demonstrates that he or she or his or her child(ren) have been battered or subjected to extreme cruelty by a spouse or a parent or by a member of the spouse or parent’s family who is residing in the same household as the alien, counting the sponsor’s income may be waived if a judge, an administrative law judge, or Citizenship and Immigration Services recognize the battery or cruelty.