1626.2—Definitions.
(a)
Citizen includes persons described or defined as citizens or nationals of the United States in 8 U.S.C. 1101(a)(22) and Title III of the Immigration and Nationality Act (INA), Chapter 1 (8 U.S.C. 1401
et seq.) (citizens by birth) and Chapter 2 (8 U.S.C. 1421
et seq.) (citizens by naturalization) or antecedent citizen statutes.
(c)
Ineligible alien means a person who is not a citizen and who does not meet the requirements of § 1626.5.
(d)
Rejected refers to an application for adjustment of status that has been denied by the Immigration and Naturalization Service (INS) and is not subject to further administrative appeal.
(e)
To provide legal assistance on behalf of an ineligible alien is to render legal assistance to an eligible client which benefits an ineligible alien and does not affect a specific legal right or interest of the eligible client.
(f)
Battered or subjected to extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence. Other abusive actions may also be acts of violence under certain circumstances, including acts that, in and of themselves, may not initially appear violent but that are a part of an overall pattern of violence.
(g)
Legal assistance directly related to the prevention of, or obtaining relief from, the battery or cruelty means any legal assistance that will assist victims of abuse in their escape from the abusive situation, ameliorate the current effects of the abuse, or protect against future abuse.
(h)
United States, for purposes of this part, has the same meaning given that term in 8 U.S.C. 1101(a)(38) of the INA.
[62 FR 19414, Apr. 21, 1997, as amended at 62 FR 45757, Aug. 29, 1997]