Kate
				Voigt, on behalf of AILA and ASISTA 
				 
				 
				USCIS–2007–0024-0044 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
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				The
					proposed new form version adds an additional six pages in an
					apparent contradiction of the Paperwork Reduction Act.  
					 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				FORM
				INSTRUCTIONS 
				Page
				1 number 3 under the heading, “What Is the Purpose of This
				Petition?”: Remove self-petitioning parent of an abusive
				U.S. citizen son or daughter in “I. Others”, number
				3, and include it in number 4. 
				 
				 
				Page
				5: Add a check box on the Form I-360 for the abused parent of
				U.S. citizen son or daughter, or amend the Note on the bottom of
				page 5 to read, “Since there is not a separate check box
				for a battered or abused parent of a U.S. citizen son or
				daughter, select the “other” category if filing under
				this classification. If not possible, amend the Note on the
				bottom of page 5. 
				 
				 
				Page
				6, mailing address: Delete the first sentence, i.e. “Provide
				your mailing address, if different from your home address.” 
				 
				 
				Page
				6, amend the note in the middle of the page to read, in part:
				“NOTE: You may file a self-petition within two years of the
				date of the abuser’s death, the abuser’s loss of
				status if the loss is for reasons related to the domestic
				violence, or within two years of the termination of marriage if
				there is a connection between the termination of the marriage and
				the battery or extreme cruelty…” 
				 
				 
				 
				 
				 
				 
				 
				 
				Page
				7, employment authorization: Instead of providing only “YES’
				or “No” answers, the form provide boxes for (c)(31),
				(c)(9), and (c)(14). 
				 
				 
				 
				 
				 
				 
				 
				 
				Page
				11, #5, Part 11, Petitioner’s Statement, Contact
				Information, Acknowledgement of Appointment at USCIS Application
				Support Center, Certification, and Signature: Acknowledge and
				cite the special protections for releasing information under 8
				USC § 1367. 
				 
				 
				Page
				13, USCIS Privacy Act Statement: If the Form I-360 is used for
				Violence Against Women Act relief, it should explicitly be stated
				that the information contained in this form is protected under 8
				USC § 1367. 
				 
				 
				 
				 
				 
				 
				Page
				14, Routine Uses: It should be stated that the information
				contained in the Form I-360 will not be shared with federal,
				state, local and foreign government agencies unless specifically
				permitted under 8 USC § 1367. 
				 
				 
				FORM 
				Page
				1, Part 1, Information About Person or Organization Filing this
				Petition: Clarify what is meant in the context of “Petitioner”.
				An explanation as to how (or if) a VAWA self-petitioner should
				use this first section would be beneficial given that VAWA
				applicants have traditionally been defined as petitioners. In
				other words, should the VAWA self-petitioner list his or her
				information in both Part 2 and Part 3, or if some other format
				was intended. 
				 
				 
				Page
				1, Part 1 number 6: Recommend including an instruction line
				stating that if the applicant is filing a VAWA self-petition,
				they are encouraged to also submit a safe address where
				correspondence can securely be received, and refer them to Part
				3. 
				 
				 
				Page
				2, Part 2. Classification Request: Recommend that “Battered
				or Abused Parent of a U.S. Citizen Son or Daughter” receive
				its own box, as it is the only VAWA category not to have its own
				designation and its absence could cause confusion. 
				 
				 
				Page
				14, Part 10, Question 12 – Employment Authorization:
				Recommend that instead of providing only “Yes” or
				“No” answers, the form provide boxes for (c)(31),
				(c)(9), and (c)(14). 
				 
				 
				 
				 
				Page
				15, Part 11- Acknowledgement of Appointment at USCIS Application
				Support Center: Recommend eliminating this entire section from
				the form. 
				 
				 
				 
				 
				Page
				15, Part 11—Petitioner’s Certification: Object to
				this provision and don’t believe that the petitioner should
				be compelled to allow USCIS to retrieve non-public information or
				release the petitioner’s information to any branch of the
				U.S. government, private companies, or the government of foreign
				countries. 
				 
				 
				 
				 
				 
				 
				Page
				15, Part 11—Release of Information Clarification: Requiring
				self-petitioners to sign a general release of information,
				without acknowledging the congressionally mandated constraints on
				such information-sharing, violates 8 USC § 1367. We suggest
				adding the following language: “I furthermore authorize
				release of information contained in this petition, in supporting
				documents, and in my USCIS records, to other entities and persons
				where necessary for the administration of the U.S. immigration
				laws. I am not, however,
				waiving the special protections under 8 USC § 1367. 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
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				Some of the edits, reorganizing, and
				reformatting have increased page length, but the form was
				reformatted so the document: 
				
					Separated
					pair data collections into single data collections (i.e., State
					is its own field, Province is its own field) 
					Added
					line spacing between collection to make the form easier to read 
					Added
					standard signature sections that are used on all USCIS
					collections 
				 
				
				 
				 
				In
				a brief comparison of the current and proposed forms, while many
				things were added and taken away, it looks like separating data
				fields for better readability, added a lot of space.  
				 
				 
				
				USCIS has added new classifications
				to the form and related instructions to the form, made clarifying
				edits for existing classifications, and incorporated a fact sheet
				for employment-based fourth preference (EB-4) petitioners. The
				actual increase in burden for each of the respective
				classifications as a result of these changes is minimal.  
				USCIS will consider creating separate appendices for specific
				categories in the upcoming revisions, after reviewing system
				requirements, resources, and deployment schedules and priorities.
				
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				Accepted—removed
				“Self-petitioning Parent of an abusive U.S. citizen son or
				daughter” from “I”, included it in  “4”,
				and changed the wording from “Self-petitioning parents of
				an abusive U.S. citizen son or daughter” to “Abused
				parent of a U.S. citizen son or daughter”. 
				 
				 
				Not
				accepted for adding a check box at this time, but will consider
				it as well as all input from stakeholders in future revisions of
				our forms. However, accepted revising the note on page 5 to read,
				“Since there is not a separate check box for a battered or
				abused parent of a U.S. citizen son or daughter, select the
				“other” category if filing under this classification. 
				 
				 
				 
				 
				 
				 
				 
				 
				Accepted
				and deleted the first sentence after “Alternate and/or Safe
				Address”. 
				    
				 
				 
				 
				 
				Accepted,
				and amended “NOTE” as follows: NOTE: You may file a
				self-petition within two years of the date of the abuser’s
				death, within two years of the abuser’s loss of status if
				the loss is for reasons related to domestic violence, or within
				two years of the termination of the marriage if there is a
				connection between the termination of the marriage and the
				battery or extreme cruelty. For self-petitioning spouses, you may
				remarry after USCIS approves your self-petition without affecting
				your eligibility to become a lawful permanent resident or be
				grounds for revocation of the approved self-petition. 
				 
				 
				Not
				accepted because category (c)(31) will automatically be given to
				self-petitioners residing in the United States incident to
				status/approval without having to file Form I-765. If (c)(9) or
				(c)(14) is desired, then the self-petitioner must submit Form
				I-765 requesting that category. 
				 
				 
				Not
				accepted because reference to the special protections for
				releasing information under 8 USC §1367 were added in the
				“USCIS Privacy Act Statement” section on page 13. 
				 
				 
				 
				 
				 
				 
				 
				 
				Accepted
				and added this language to the end of that section, i.e. “If
				this petition is used to obtain relief under the Violence Against
				Women Act, the information contained herein is also protected
				under 8 USC § 1367.” 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				Accepted,
				and added the following statement to the end of that section: “If
				the information contained in the Form I-360 is protected under 8
				USC § 1367, any sharing with federal, state, local, or
				foreign government agencies will be done in accordance with 8 USC
				§ 1367.” 
				 
				 
				 
				 
				Accepted
				and revised the “NOTE” under Part 1 to read, “You
				must complete Part 1 as the Petitioner if you are filing this
				petition on behalf of another person. If you are a Violence
				Against Women Act (VAWA) self-petitioner or a special immigrant
				juvenile  skip to Part 1 Item 7” 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				Not
				accepted because this is already explained in Part 1 number 7. 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				 
				Accepted
				and added a box for “Battered or Abused Parent of a U.S.
				Citizen Son or Daughter”. 
				 
				 
				 
				 
				 
				 
				 
				 
				Not
				accepted because category (c)(31) will automatically be given to
				self-petitioners residing in the United States incident to
				status/approval without having to file Form I-765. If (c)(9) or
				(c)(14) is desired, then the self-petitioner must submit Form
				I-765 requesting that category. 
				 
				 
				Not
				accepted because this is standard language used on USCIS forms.
				The applicant is not acknowledging a specific ASC appointment,
				but rather the purpose of the ASC appointment and what will be
				done at the appointment. 
				 
				 
				 
				 
				Not
				accepted to remove this section from the contents of the
				petition, but will add, “If the information contained in
				the Form I-360 is protected under 8 USC § 1367, any sharing
				with federal, state, local or foreign government agencies will be
				done in accordance with 8 USC § 1367.” , and will add
				this sentence between the second to the last and last paragraphs
				in the section. (So after the sentence beginning, “I
				furthermore,” and before the sentence, “I certify”.) 
				Accepted and will add the suggested sentence
				at the end. 
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