Community Workshop: Shining the Light on Violence Against Immigrant Women

Size: px

Start display at page:

Download "Community Workshop: Shining the Light on Violence Against Immigrant Women"

Sydney Paul Ferguson
6 years ago
Views:

1 Community Workshop: Shining the Light on Violence Against Immigrant Women Presented by Centre County Women s Resource Center s Civil Legal Representation Project and Penn State Law s Center for Immigrants Rights April 11,

2 Centre County Women s Resource Center (CCWRC) q Services q 24 Hour Rape/Abuse Hotline q Emergency Shelter q Transitional Housing Program q Counseling q Advocacy/Accompaniment q Children s Program q Community Education q Legal Representation 2

3 Civil Legal Representation Project q The Civil Legal Representation Project (CLRP) was initiated by the Centre County Women s Resource Center to provide legal representation to victims of domestic violence, sexual assault and stalking. q The CLRP represents clients of CCWRC in family law matters and has expanded to also represent immigrant victims of domestic violence, sexual assault, and stalking. 3

4 Penn State Law s Center for Immigrants Rights q The Center is an immigration clinic where students, supervised by Professor Shoba Sivaprasad Wadhia, produce legal policy work of national impact on behalf of institutional clients like the Centre County Women s Resource Center. q The Center trains students to understand immigration law, policy, politics, and the relationships between them. 4

5 Disclaimer * This is NOT a legal clinic. * We will not provide legal advice regarding a particular individual s circumstances. 5

6 Workshop Goals Discuss the realities of domestic violence, sexual assault, and stalking of immigrants in communities Explain the remedies available to immigrant victims under U.S. immigration law Identify the purpose of each remedy Apply the eligibility requirements to a fact pattern 6

7 Ana s Story 7

8 Just the Facts q Battering is the leading cause of injury and the second leading cause of death to women in the U.S. q Battering affects women of every race, culture, creed, economic class, and sexual orientation. 8

9 Just the Facts q 3 in 10 women in the U.S. have experienced severe physical violence by an intimate partner. q 1 in 5 women have been raped in their lifetime. q 1 in 6 women have been stalked during their lifetime. 9

10 Why Victims Do Not Report Abuse q Shame q Embarrassment q Pressure from family and friends q Fear of retaliation from perpetrators q Law enforcement issues 10

11 Power & Control Wheel 11

12 Economic Barriers Cultural Barriers Lack of Understanding U.S. Laws Challenges Unique to Immigrant Victims Language Barriers Immigration Status Deportation Concerns 12

13 Immigration 101 q Visa q Lawful Permanent Resident q Nonimmigrant q Principal Applicant q Derivative Applicant q Family- Based Immigration System 13

14 Government Agencies 14

15 Immigration Remedies for Victims VAWA Self- Petition U- Visa T- Visa 15

16 Violence Against Women Act (VAWA) 16

17 Violence Against Women Act VAWA was enacted in 1994, and was the first piece of federal legislation to address domestic violence. VAWA created several important remedies: VAWA Self- Petition U- Visa VAWA was reauthorized on March 7, 2013 for five more years. 17

18 Reauthorization of the Violence Against Women Act No One Should Have to Live in Fear of Violence Photo Credit Official White House Photo by Chuck Kennedy 18

19 Reauthorization of the Violence Against Women Act VIDEO CLIP OF OBAMA 19

20 VAWA Self- Petition 20

21 VAWA Self- Petition Purpose The VAWA Self- Petition is a form of relief that empowers the victim to submit his or her own application without the abuser s knowledge or consent. 21

22 VAWA Self- Petition Family Matters Spouses Parents Children Abused spouse of a USC/LPR may petition for relief and may include children as derivatives on petition Abused parents may petition for relief when the USC child is over 21 Abused children under 21 who have experienced abuse by a USC/ LPR parent may petition INA 204(a) 22

23 VAWA Self- Petition Requirements Qualifying relationship with USC or LPR abuser Legal and good faith marriage Battery and extreme cruelty Residence with the abuser Good moral character INA 204(a) 23

24 Documents Proving Residency, Relationship, and Abuse q School records for children q Medical records q Court orders q Police reports/restraining orders q Photos of injuries q Medical records/hospital records q Prior intake forms for DV services 24

25 Documents Proving Residency, Relationship, and Abuse q Immigration Documents q Marriage certificate(s) q Wedding or vacation photos q Birth certificates of children q Income tax returns filed jointly q Lease agreements/mortgage payments q Bank statements/credit card statements q Utility bills 25

26 U- Visa 26

27 U- Visa Purpose Aid law enforcement in the investigation and prosecution of criminals by providing a way for noncitizen victims to remain in the U.S. 27

28 U- Visa Eligibility Requirements Be a victim of a qualifying crime and suffer substantial physical or mental abuse Possess information about the qualifying crime that occurred in the U.S. or violated U.S. law Be certified by law enforcement as being, have been, or likely to be helpful to the investigation and/or prosecution of that qualifying crime INA 101(a)(15)(U) 28

29 U- Visa Qualifying Crimes Domestic Violence Rape Sexual Assault Stalking* 29

30 Has Been or Likely to Be Helpful Applicant must have been a victim of the crime for which the applicant is supplying information regarding criminal activity. Helpfulness does not require an arrest or a criminal conviction against the abuser. INA 101(a)(15)(U) 30

31 Comparing VAWA Self- Petition and U- Visa Benefit VAWA Self- Petition U- Visa Work Authorization Yes, upon approval Yes, upon approval Derivative Family Members Green Card Yes Yes, when visa is available Yes Yes, after 3 years in U- visa status Processing Time 17 months 13 months 31

32 T- Visa 32

33 T- Visa Purpose Aid law enforcement in the investigation and prosecution of human trafficking by providing an immigration method for foreign victims to remain in the U.S. T- Visa was created by the Victims of Trafficking and Violence Prevention Act of 2000 to increase the ability of the government to combat trafficking in persons. 33

34 T- Visa Eligibility Requirements Victim has experienced a severe form of trafficking in persons Victim is physically present in the U.S. on account of the trafficking Victim has or will comply with any reasonable request for assistance in the investigation or prosecution Victim will suffer extreme hardship involving unusual or severe harm upon removal from the U.S. INA 101(a)(15)T(1) 34

35 Ana s Story Review 35

36 Review of Remedies VAWA Victim of Family Abuse U- Visa Victim of Crime T Visa Victim of Human Trafficking 36

37 Summary of Remedies Congress created various remedies to assist immigrant victims of domestic violence and sexual assault Victims may qualify for relief because they have experienced abuse by a family member (Self- Petition) Victims can apply for relief because the abuse they experience is a crime (U- Visa and T- Visa) 37

38 Questions? 38

39 Thank You for coming to our Community Workshop! 39

Mission Statement. core values. Inclusiveness. Safety. Integrity. Empowerment. Continuous Improvement

Mission Statement. core values. Inclusiveness. Safety. Integrity. Empowerment. Continuous Improvement Immigrant Legal Clinic Mission Statement The mission of the Tennessee Coalition Against Domestic and Sexual Violence is to end domestic and sexual violence in the lives of Tennesseans and to changes societal