24-002.03 Deeming Exceptions

Official source

24-002.03a Battery or Extreme Cruelty: If a sponsored immigrant demonstrates that s/he or his/her child(ren) have been battered or subjected to extreme cruelty by a spouse, a parent, or by a member of the spouse’s or parent’s family who is residing in the same household as the alien, deeming may be waived if a judge, an administrative judge, or the U.S. Citizenship and Immigration Services (USCIS) recognize the battery or cruelty. 24-002.03b Categorically Ineligible Spouse: The sponsor’s deemed income and resources for a categorically ineligible spouse (e.g., not aged, blind, or disabled) are not deemed to the non-sponsored eligible spouse.

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24-002.03 Deeming Exceptions

Official source

24-002.03a Battery or Extreme Cruelty: If a sponsored immigrant demonstrates that s/he or his/her child(ren) have been battered or subjected to extreme cruelty by a spouse, a parent, or by a member of the spouse’s or parent’s family who is residing in the same household as the alien, deeming may be waived if a judge, an administrative judge, or the U.S. Citizenship and Immigration Services (USCIS) recognize the battery or cruelty. 24-002.03b Categorically Ineligible Spouse: The sponsor’s deemed income and resources for a categorically ineligible spouse (e.g., not aged, blind, or disabled) are not deemed to the non-sponsored eligible spouse.