DHS representatives, speaking at the 2003 AILA annual conference,  revealed that it has been decided that only BICE should be able to grant deferred action (DA). As a consequence, VSC does not have jurisdiction to grant DA and the employment authorization documents based on it to approved VAWA self-petitioners.

AILA and other groups are addressing this with the DHS.

In the mean time, the National Immigration Project is suggesting two ways your clients can get work authorization: File based on being immediately eligible to adjust (if either the abuser is a US citizen or the priority date is current) OR ask your local BICE office (understanding the absurdity of this).