A noncitizen who is deportable on account of certain offenses listed in the domestic violence ground, INA 237(a)(2)(E), 8 U.S.C. 1227(a)(2)(E), may apply for a waiver under INA 237(a)(7)(A), 8 U.S.C. 1226(a)(7)(A). While this waiver was enacted as part of the Violence Against Women Act, it applies in favor of any noncitizen, provided its eligibility requirements are met.      Offenses that may be Waived. The waiver may be used to waive deportability on account of: (1) any conviction of a crime of domestic violence; (2) any conviction of stalking, under INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i); or (3) any court finding that a domestic violence protection order has been violated, under INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i). This waiver is not available to waive deportability on account of a conviction of a crime of child abuse, child neglect, or child abandonment, under INA 237(a)(2)(E)(i), 8 U.S.C. 1227(a)(2)(E)(i). INA 237(a)(7)(A), 8 U.S.C. 1226(a)(7)(A). There is no limit to the number of qualified offenses that can be waived. For example, deportability for five convictions of crimes of stalking or domestic violence can be waived if the eligibility requirements are met. The noncitizen may still be deportable if one or more of the domestic violence offenses also triggers a separate ground of deportability.      Eligibility for the Waiver. This waiver is available to a noncitizen "who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship . . . ." upon a finding any one of the following facts: (1) the applicant acted in self-defense; (2) the applicant was found to have violated a protection order intended to protect him or her; or (3) the applicant committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury, and there was a connection between the crime and the applicant's having been battered or subjected to extreme cruelty.      The waiver is available to an applicant who has been battered or subjected to extreme cruelty, even if the abuser was not arrested or convicted of a domestic violence offense. Furthermore, the waiver applies if there was any connection between the crime and the applicant's having been battered, even if that connection is slight. Because most domestic violence convictions result from altercations in which each of the parties strikes some blow, this waiver may be widely available to excuse deportability on account of many common domestic violence convictions.  

jurisdiction: 
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