The self-petitioner may be a spouse who is suffering domestic abuse, a child suffering domestic abuse, or the parent of a child suffering domestic abuse. Children who are not suffering abuse may be part of a parent's self-petition. The abuse must have taken place during marriage. Police clearance certificates must be submitted with the application. The self-petitioner must show extreme hardship to the applicant or child if deported.
Hardship encompasses more than mere economic deprivation.
Although the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 is harsh on immigrants, it has carved out various exceptions for battered women and children. Section 384 prohibits any Department of Justice employee, including both INS officers and immigration judges, from making an adverse determination of admissibility or deportability using information provided solely by the abusive spouse or parent or other member of the household. New provisions of the 1996 Act will ensure the confidentiality of information about abuse revealed in a battered spouse's petition for permanent residency. The memo further states that the prohibition against disclosure extends to any information relating to the battered spouse or child, which could include verification of status or any other routine information. All confidentiality provisions contain standard exceptions, such as those given above.