"Qualified Aliens" with entry date on or after August 22, 1996

For individuals with immigration status of parolee, refugee, and asylee, the date that they become a “Qualified Alien” is on their I-94 card or, more recently, on their lawful permanent resident (green) card. This date is when their 5-year bar begins.

For individuals with battered alien status, the date they became a “Qualified Alien” is often before the date on their green card, such as:

The date of the approval (or notice of prima facie case) of a Violence Against Women Act (VAWA) petition; or

The date that the U.S. citizen or lawful permanent resident spouse petitioned for the family visa application.

Example

An individual came to the U.S. in 1997 as an undocumented immigrant. She married a lawful permanent resident who petitioned for a family visa on March 1, 1998. She left her husband on May 30, 1999 due to domestic violence and obtained a notice of VAWA prima facie status shortly afterward. She has not yet become a lawful permanent residence and does not have her green card. The date she became a "Qualified Alien" is March 1, 1998 because that is the date of her ex-husband’s family visa petition. Her 5-year bar will be over on February 28, 2003. In comparison, the date on her green card will be the date of her adjustment interview, which could be years after the date her 5-year bar begins.