1. INTERNATIONAL INSTITUTE OF NEW JERSEY DECEMBER 2009 Immigrant Victims of Domestic Violence: Immigration Relief

2. Domestic Violence and Immigration Dynamics of domestic violence and obstacles faced by immigrant DV victims Basic immigration issues Immigration remedies for victims of domestic violence

3. Immigration Status U.S. citizen (USC) Lawful Permanent resident (LPR) Temporary Visitors Over 60 different kinds of visas “Undocumented” immigrants

4. Four Ways of Becoming LPR Immediate family members of USC or LPRs Immigrants admitted for various humanitarian reasons, like refugees and asylees Employment based immigrants Diversity lottery winners

5. VAWA Violence Against Women Act What is it? Initiative to remedy federal civil rights for victims of gender-based crimes Created large funding stream for domestic violence & sexual assault programs Passed in 1994, Re-authorized in 2005

6. VAWA Who Can Petition? Abused Spouse or Child of U.S. Citizen or Permanent Resident Parent of adult U.S. Citizen Benefits: Lawful status Work Authorization Eligibility for Public Benefits

7. VAWA Process Must prove with declaration and supporting documents: Legal Marriage to USC or LPR Good Faith Marriage Joint Residence Battery or Extreme Cruelty Good moral character

8. Documents required Copies of documents substantiating valid and good faith marriage, abuse, joint residence Letters/affidavits of support Letters/affidavits from social service providers (e.g. shelter, counselor, clergy) Good conduct certificate from local Police Dept.

9. The U Visa Who is eligible: Immigrant victims of specific crimes who have certification from law enforcement that they have been helpful to an investigation or prosecution of criminal activity

10. The U Visa Benefits Nonimmigrant status in U.S. for 3 years Employment authorization “Derivative” nonimmigrant status for (nonabuser) spouse, minor children, plus parent or siblings of child victim Can apply for permanent residence after 3 years Deportation process terminated

11. U Visa Qualifications Victim of Certain Criminal Activity Domestic violence Sexual assault Incest Abusive sexual contact Sexual exploitation Involuntary servitude Kidnapping False imprisonment Murder Felonious assault Attempt, conspiracy, or solicitation to commit any above-listed crime or similar activity

12. Comparison of VAWA & U Visa VAWA Abuser is USC or LPR Abuser is spouse/parent Battery or Extreme Cruelty Applicant Declaration No official action required Derivative child GMC/Admissible U Visa Status of Abuser N/A Victim of Crime Substantial Abuse Applicant Declaration Evidence of crime, helpfulness, LEA Cert More derivatives Admissible (easier)

13. VAWA Cancellation of Removal Grant by Immigration Judge What is it? Battered spouses and children of U.S. citizens or lawful permanent residents who are in deportation or removal proceedings can move to close the proceedings and gain lawful permanent residency without participation of their abusers.

14. VAWA Cancellation of Removal Grant by Immigration Judge Who is eligible? Abused Spouse of U.S. Citizen or Permanent Resident Includes “spouse” definition from VAWA Self Petition Process Includes parent of abused child who is not spouse of abuser (broader than VAWA self petition) Abused “sons and daughters” Includes “child” definition from VAWA Self Petition Process Includes “sons and daughters” over 21 No “derivitave beneficiary”

15. VAWA Cancellation of Removal Grant by Immigration Judge What Applicant Must Show Has been battered or suffered extreme cruelty Has been physically present in U.S. for 3 years before applying Extreme Hardship to immigrant herself, or her child or parent if she was removed Has been a person of Good Moral Character for 3 years Is not inadmissible for Crimes Marriage Fraud Security

16. Battered Spouse Waivers (for “conditional” green card holders) Abused immigrants who have a “conditional” green card because marriage less than two years at the time of initial grant Good Faith Marriage Battery or Extreme Cruelty Form I-751; can apply anytime

17. Barriers Faced by Immigrant Victims of Violence Fear Control of abuser Economic dependence Embarrassment Shame Guilt Lack of knowledge/ information about the legal system Fear of police and judicial system Fear of deportation Language and cultural barriers Inadequate shelter and other social services

18. Effective Advocates LISTEN and ASK the right questions to understand: clients’ history of immigration to U.S., manner of entry, reason for leaving home country clients’ experiences of trauma (e.g. DV, previous abuse, trafficking/smuggling, encounters with law enforcement, police and immigration)

19. Useful Terms Alien: Legal term for a person who is not a citizen. Asylum: Legal permission to live in a country to those flying persecution in their country of origin. Battered Spouse Waivers: Immigrant victims with conditional residency through their abusive partners can have their condition removed without their abusers. Fiancée Visa: Also known as the K-I visa, is a way for a U.S. citizen to bring his/hers perspective spouse into the U.S. before they marry.

20. Useful Terms contd.  DHS (Department of Homeland Security): Is the U.S. government entity that has to do with all the aspects that involve law enforcement relate to Homeland Security.  Green Card: Slang term that refers to the legal document that grants lawful permanent residency to a person that is not a citizen of the U.S. Lawful Permanent Resident: It allows a non-citizen to remain in the U.S. permanently until they become U.S. citizen, but they need to not leave the U.S. for a long period of time. Refugee: A person who leaves his/hers country because of a “well founded fear of persecution”.

21. Useful Terms contd. Removal: Is the process by which a person gets deported. USCIS (U.S. Citizenship & Immigration Services): Is the U.S. government department responsible for benefits and adjudications. USCBP (U.S. Customs and Border Protection): Is the department responsible for interior enforcement of immigration customs matters. Visa: Permit granted to immigrants and non-immigrants to enter the U.S.

22. Thank You