Introduction to Helping Immigrant Survivors Get Secure Status: U Visas and VAWA

1. Introduction to Helping Immigrant Survivors Get Secure Status:U Visas and VAWA Gail Pendleton Co-Director ASISTA Immigration Assistance

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

3. Ancestor Exercise • How did your ancestors get to the US? • What were their goals & aspirations? • What barriers did they experience to full participation in society?

4. A Few Immigration Concepts • Immigrants & Nonimmigrants • Lawful permanent residents (“green card holders”) • Conditional permanent residents • Change of status vs. adjustment of status • “Noncitizens” • Citizens • Acquisition, derivation, naturalization • Who is Undocumented?

5. How our Immigration System Works • DHS: Department of Homeland Security • CIS: Citizenship & Immigration Services • ICE: Immigration & Customs Enforcement • CBP: Customs & Border Protection • DOJ: Department of Justice • EOIR: Executive Office for Immigration Review • BIA: Board of Immigration Appeals • DOS: Department of State • U.S. Consulates abroad

6. What You Do Already • Who has done some work with immigrants? • What did you do to help them with status? • Why was that helpful?

7. Warnings for Clients • Warn about travel risks: ALWAYS check with immigration expert before leaving US • No valid travel document • “Inadmissibility” triggers • Expedited removal at border/port of entry • Same as full-fledged removal hearing with same consequences • Barred from entering/getting status/consequences if re-enter • Entering without permission consequences • Criminal charges • Bars to lawful permanent residence • Immediate removal (if already removed)

8. False Claims to USC • Warm about false claims to citizenship in any context • Deportation • No lawful permanent residence • Criminal charges • U visa waiver may be only option

9. Check for other options • Did your spouse file anything for you? • Is one of your parents a USC or LPR? • Are you currently married to a USC or LPR? • Why are you asking these questions?

10. Family-Based Immigration Prove Relationship File for Lawful Permanent Residence Preference system Adjustment v. consular processing Work authorization Children = “derivatives” • Child = unmarried & under 21

11. Two ways to obtain a green card: • adjustment of status in the U.S. • VAWA self-petitioners do not have to leave the country • consular processing outside of the U.S.

12. VAWA Self-Petitioning Any Credible Evidence • Domestic violence • “battery/extreme cruelty” • By US citizen or lawful permanent resident • Who is or was spouse or parent • Police clearances • For good moral character • How can you help show these things?

13. What advocates can do • Help her with her story • Who is in best position for this? Why? • Help her get documents from the system • What can you do to help? • Provide corroboration • Ask the family court to help

14. What You Get • Work authorization • Access to some public benefits • Lawful permanent residence • Children can ride along (“derivatives”)

15. Who Isn’t Covered?

16. VAWA Self-Petitioning does NOT help • Abuser is not US citizen/lawful permanent resident • Lost status more than 2 years ago • Not a spouse/parent • divorced more than two years • Not DV, but SA or some other crime

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

18. U Visa Eligibility Requirements • Victim of qualifying criminal activity; • Possesses information about that crime; • Helpful to law enforcement • Substantial physical or mental abuse from crime; • Admissible to US or merits waiver

19. U visa evidence • Any credible evidence • Key = certification from state, local or federal police, prosecutor, judge, or other agency that

20. Crimes list • Torture • Rape • Trafficking • Incest • Domestic violence • Sexual assault • Prostitution • FGM • Being held hostage • Peonage • Involuntary servitude • Slave trade • Kidnapping • Abduction • False Imprisonment

21. More crimes • Blackmail • Extortion • Manslaughter • Murder • Felonious assault • Witness tampering • Obstruction of justice • Perjury or • Attempt, conspiracy or solicitation • Any “similar” crime

22. Also show • Substantial mental or physical abuse • What can YOU do?

23. EVIDENCE • Any credible evidence • Critical evidence • Applicant’s declaration • Corroborative evidence • Systems documentation: Protection order, medical records, police reports • Expert declarations: shelter workers, battered women’ advocates, persons providing mental health treatment (not just assessment) • Family court findings re: domestic violence, legal marriage, abuser’s immigration status

24. What Us get • Work authorization • Four years of visa • Can apply for green card after 3 years • Done by same unit that does U

25. Action Plan • Who can you help? • What can you do? • Who else needs to know this?

26. 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