About Her Justice

2. About Her Justice

3. Mission Her Justice engages the vast talent and resources of New York City’s law firms, bringing together committed lawyers and determined women to secure life-changing results.

4. Women in crisis can’t wait • Vital Legal Protections: • Safety of women and their children • Poverty and homelessness

5. Transforming lives • Family, matrimonial, and immigration issues • Take back control and rebuild • Ongoing representation of over 7,000 women and children last year

6. Who we serve • Low-income women who reside in NYC • 85% of our clients are domestic violence survivors • 69% are mothers • 52% are Latina, 25% are African-American, and 14% are Asian or a member of another minority group • 1 out of every 4 women we serve cannot access the legal system without an interpreter

7. Immigration Remedies for Survivors of Elder Abuse

8. Family-based sponsorship petitions VAWA Self-Petitions U Nonimmigrant Status Asylum Temporary Protected Status Administrative Relief Possible Immigration Remedies (not exhaustive):

9. Overview Permanent but revocable Temporary NONIMMIGRANTSTATUS IMMIGRANTSTATUS (“Green Card”) Adjustmentof Status(LPR Status) Two waysto enter Entry With inspection Citizen Without inspection

10. Administrative structure • Department of Homeland Security (DHS) • Customs & BorderProtection (CBP) • Citizen & ImmigrationServices (CIS) • Immigration & CustomsEnforcement (ICE)

11. “Regular” family sponsorship process Step 1: Establish valid parental relationship (biological, step-parent or adoptive parent) with USC who is over 21 years of age: • 2-step administrative filing for getting LPR status in family-based immigration process • Form I-130, Petition for Alien Relative • Petition of sponsor

12. “Regular” family sponsorship process Step 2: Establish eligibility for immigrant visa/LPR status through: • Form I-485, Application for Adjustment of Status– if applicant in U.S. • Application of alien relative, requiring: • Sponsor’s affidavit of support • Interview • Form DS-260 for consular processing – if applicant abroad Eligible for naturalization in 5 years

13. Why VAWA relief is needed Regular family-sponsorship process controlled by USC Dangerous dynamic in relationships dominated by domestic violence/ abuse Pattern of abusive and threatening behavior used by one person to gain or maintain power and control over family member

14. Why VAWA relief is needed • VAWA modified family process to remove abusive USC child from position of control over immigration status of parent • Safeguards confidentiality • Provides for work authorization (economic independence)

15. VAWA Self-Petitions Benefits Creates pathway to permanent status without abusive child Provides eligibility for work authorization Removes abuser from process Creates confidentiality

16. Who can benefit from VAWA Self-Petition? Spouse of abusive USC or Lawful Permanent Resident Unmarried child of abusive USC or Lawful Permanent Resident Parent of abusive USC

17. Elements of a VAWA self-petition for survivors of elder abuse Qualifying relationship: Parent of child age 21 or over Relationship must be in existence at time of abuse and at the time of filing (death, legal separation, or divorce at time of abuse/ time of filing terminates the legal relationship unless petitioner can prove an ongoing factual relationship) 2 year grace period in cases of death of child If step-parent, child must have been younger than 18 at time of marriage creating step-parent relationship • Petitioner bears the burden of proof (preponderance of the evidence) through any credible, relevant evidence

18. Elements of a VAWA self-petition for survivors of elder abuse (continued) Status of son or daughter: US Citizen Joint residence with child: current or past Battery/ Extreme Cruelty: by the US Citizen son or daughter Good moral character

19. Proving qualifying abuse Physical battery Extreme cruelty • Acts of physical abuse • Threatened acts of violence against victim or family members • Forceful detention causing physical or mental injury • Social isolation • Economic abuse • Psychological abuse • Verbal abuse, denigration • Threats

20. File appropriate forms and supporting documents with USCIS via U.S. mail Respond to any requests for further evidence Deferred action Attend non-adversarial adjustment interview with client Receive decision Attend Interview (no court appearances) VAWA Self-Petition:Process

21. Can a self-petitioning VAWA parent confer benefits on other children? • No. Self-petitioning parents are not eligible to confer derivative benefits. • Will a self-petitioning VAWA parent be able to receive work authorization? • Yes. All self-petitioners with approved self-petitions are eligible for work authorization regardless of age.

22. What is U nonimmigrant status? Temporary: valid for 4 years Allows non-citizen victims of crime to: Stay in the U.S. Obtain employment authorization Help certain family members (derivatives) obtain lawful status Apply for lawful permanent resident status

23. Benefits and limitations Eligible to adjust status to permanent resident after 3 years of continuous presence Work authorization Family reunification Cannot petition for perpetrator of crime Overseas travel problematic Statutory cap Deferred action while on waitlist Benefits Limitations

24. Deferred action: benefits

25. Available to any alien who: Was a victim of a qualifying crime violating the laws of the U.S. or occurring within the U.S.; Cooperated with law enforcement to investigate or prosecute the qualifying crime; Suffered substantial physical or mental abuse as a result of such crime; and Is not “inadmissible” U Nonimmigrant Status: Eligibility

26. Domestic violence Nature, scope, and cumulative effect Trafficking: sex, labor Sexual assault, contact, or exploitation Felony assault, manslaughter, murder Kidnapping Attempts, conspiracy, solicitation to commit a qualifying crime Any similar activity in violation of federal, state, or local criminal law What is qualifying criminal activity?

27. Information and helpfulness • Signed original Form I-918B, Law Enforcement Certification • Possesses credible and reliable information about qualifying crime • Helpfulness in investigation or prosecution + + • Issuance discretionary • Valid only for 6 months from date signed • Letter of designation of authority • No unreasonable refusal to cooperate • Mere detection of crime can be sufficient • Knowledge of specific facts that would assist in investigation or prosecution of crime

28. U Nonimmigrant Status:Derivative Status for Family Members Principal petitioner is 20 or under Spouse Children Parents Unmarried siblings under 18 Principal petitioner is 21 and over Spouse Children

29. What is “asylum? • Refers to people seeking protection from the United States because of past persecution or fear of future persecution in their home country due to: • Race • Religion • Nationality • Membership in a particular social group • Political opinion • In general, must file within one year of arrival to the United States • May include spouse or unmarried children under 21 in application • May be granted employment authorization • Leads to permanent immigration status (lawful permanent resident status or “green card”)

30. What is Temporary Protected Status (“TPS”)? • The United States government designates protection for citizens of certain countries that are unable to safely handle the return of their citizens due to: • Ongoing armed conflict (e.g., Syria, Sudan, Somalia) • Environmental disaster (e.g., Haiti, Honduras) • Other extraordinary and temporary conditions (e.g., Sierra Leone, Guinea) • During the designated period of time, individuals who are TPS beneficiaries are: • Not removable from the U.S. • Can obtain an employment authorization document (EAD) • May be granted travel authorization • Individuals must apply for TPS and there are specific criteria/ timing • TPS does not lead to permanent legal status

31. What is Administrative Relief? • “Deferred Action”: a type of prosecutorial discretion that will not result in any permanent immigration status. • Allows certain individuals to remain in the U.S., be protected from deportation and obtain employment authorization. • Deferred Action for Parental Accountability (“DAPA”): • As of November 20, 2014, • Has a son or daughter of any age, who is a US citizen or lawful permanent resident, • Individual was present in the U.S. before January 1, 2010, and • Individuals must not present any criminal issues that would make them a priority for removal from the U.S. • This relief does not exist yet. • Federal court injunction is in place until further notice.

32. Questions?

33. Thank you!