Instructions For Form I-765v - Application For Employment Authorization For Abused Nonimmigrant Spouse

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Instructions for Application for Employment
Authorization for Abused Nonimmigrant Spouse
USCIS
Form I-765V
Department of Homeland Security
OMB No. 1615-0137
U.S. Citizenship and Immigration Services
Expires 01/31/2019
What is the Purpose of Form I-765V?
On January 5, 2006, the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005),
Public Law (Pub. L.) 109-162, became effective. On March 7, 2013, VAWA was reauthorized.
VAWA 2005 amended the Immigration and Nationality Act (INA) by adding a new section 106. The new section 106
provides eligibility for employment authorization for spouses of certain nonimmigrants in cases where the spouse has
been battered or subjected to extreme cruelty.
Employment authorization is a benefit granted for a limited period of time and will not establish eligibility for a lawful
status in the United States. Receiving an Employment Authorization Document (EAD) will have no effect on your
immigration status.
Definitions
Employment Authorization Document (EAD): Form I-688, Form I-688A, Form I-688B, Form I-766, or any successor
document issued by U.S. Citizenship and Immigration Services (USCIS) as evidence that an individual is authorized to
work in the United States.
Renewal EAD: An EAD issued to an eligible applicant upon the expiration of a previous EAD issued under the same
category.
Replacement EAD: An EAD issued to an eligible applicant when the previous EAD issued under the same category was
lost, stolen, or mutilated, or contains erroneous information, such as a misspelled name.
Who May File Form I-765V?
USCIS adjudicates a request for employment authorization by determining whether an applicant has submitted the
required information and documentation, and whether the applicant is eligible. In order to determine your eligibility, you
must identify the category in which you are eligible and fill in that category in Part 1., Item Number 21. on Form I-765V.
(For example, if you are the abused spouse of an H nonimmigrant, type or print (c)(30) in Part 1., Item Number 21.)
Enter only one of the following category numbers on the application.
The INA section 106 employment authorization categories are subdivided as listed below:
1. Abused spouse of an A nonimmigrant – (c)(27).
2. Abused spouse of an E-3 nonimmigrant – (c)(28).
3. Abused spouse of a G nonimmigrant – (c)(29).
4. Abused spouse of an H nonimmigrant – (c)(30).
To be eligible for employment authorization issued under INA section 106 as a battered nonimmigrant spouse, you must
submit credible evidence demonstrating that you:
1. Are the qualifying spouse who accompanied or followed to join a principal nonimmigrant spouse admitted under
INA section 101(a)(15)(A), (E)(iii), (G), or (H). To prove you are in a qualifying marital relationship, you must
demonstrate that you:
A. Are married to a qualifying nonimmigrant spouse; or
Form I-765V Instructions 01/19/17 N
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