Building Collaborations to Help Immigrant Survivors of Domestic Violence, Sexual Assault & Trafficking

1. Building Collaborations to Help Immigrant Survivors of Domestic Violence, Sexual Assault & Trafficking • Gail Pendleton, ASISTA • Maria Alvarenga-Watkins, Retired Captain, DC Police

2. Goals • Identify who you can help • Identify what you can do • Identify who you will work with (or need to work with)

3. A Few Immigration Concepts • Immigrants & Nonimmigrants • Immigrating family members • “Noncitizens” • Who is Undocumented?

4. Questions • Is being undocumented a crime? • Can undocumented apply to work? • Can undocumented apply to be US citizens? • Who can apply for Lawful Permanent Residence (green card)?

5. How Immigration System Works • DHS: Department of Homeland Security • CIS: Citizenship and Immigration Services • Administrative applications for “benefits” • ICE: Immigration and Customs Enforcement • Investigation/Enforcement inside US • Detention & removal • CBP: Customs and Border Protection • Enforcement coming into US • Airports, border, 100 miles inside border • EOIR: Executive Office for Immigration Review

6. Realities

7. Language & accessibility • Information/misinformation • Potential for deportation • Experience in the home country • Economic barriers • Cultural and religious pressure

8. What Congress Has Done • Access to public benefits • Access to legal services • Access to services (LEP) • Special routes to immigration status

9. Special Options • Special Immigrant Juveniles • Conditional Residence Waiver • Self-petitioning & Cancellation • U & T Visas • Self-petitioning for parents of US citizens • Work authorization for nonimmigrant spouses

10. U Visa Crimes • Rape • Torture • Trafficking • Incest • Domestic violence • Sexual assault • Abusive sexual contact • Prostitution • Sexual exploitation • Female genital mutilation • Being held hostage • Peonage • Involuntary servitude • Slave trade • Kidnapping Abduction Unlawful criminal restraint False imprisonment Blackmail Extortion Manslaughter Murder Felonious assault Witness tampering Obstruction of justice Perjury or attempt, conspiracy, or solicitation, to commit any of the above mentioned crimes

11. Who can certify? • Police officers • Prosecutor • Judge • DHS Officer • State or Federal Agency Employee

12. U Visa Purpose • Strengthen investigation and prosecution • Protect victims of crime

13. What you are not doing by signing • You are NOT issuing a U-Visa by signing • USCIS issues U-Visas, not us. • You do NOT determine substantial abuse • USCIS determines substantial abuse • This is only one small part of a larger application.

14. What we determine: One of Three • A Person has been a victim of qualifying criminal activity • Victims can be direct (proximately harmed by the activity) • Victims can be “indirect” (e.g. can be spouse, children under 21)

15. What we determine: Two of three • The Victim possesses information about the qualifying criminal activity: • Knowledge of facts or details concerning the criminal activity that would assist in the investigation or prosecution of that activity.

16. What we determine: Three of three • The Victim has been, is being or is likely to be helpful to the investigation and/or prosecution of the qualifying criminal activity.

17. What is Cooperation? • Cooperation can be defined many ways. • A phone call? • Providing pictures? • Enough to write a report? • Enough to make a case? • Case does not need to be filed.

18. By signing you are NOT: • Guaranteeing the issuance of a U-Visa • Guaranteeing that the person issued the U-Visa or their family will become permanent legal residents of the US • Issuing a statement or commentary on immigration.

19. By signing you are not: • Issue U-Visas • Make findings of substantial abuse • Make findings of “National Interest” • Sponsor someone’s citizenship • Ensuring legal permanent residence

20. Advocate & Attorney Roles • “Substantial physical or mental abuse” from criminal activity • Applicant’s statement • Form for applicant (Form I-918) • Form for family members (Form I-918A) • Identifying “inadmissibility” • Waiver for inadmissibility

21. Substantial Abuse • Impairment of emotional or psychological soundness • Substantial factors include: • the nature of the injury; • severity of perpetrator’s conduct; • severity of harm suffered; • duration of infliction of harm; • permanent or serious harm to appearance; • health, physical or mental soundness. • aggravation of a victim’s pre-existing conditions.

22. What Us get • Work authorization • Four years of visa • Can apply for green card after 3 years

23. Resources • Gail Pendleton • Gailpendleton@comcast.net • Immigration TA (Asista Project) • www.asistahelp.org • questions@asistahelp.org • DV/SA/Trafficking Resources (FVPF) • www.endabuse.org, immigrant women • Family law, public benefits (IWP of LM) • www.legalmomentum.org, immigrant women’s project