Denise Michultka, Ph.D. Liberty Center for Survivors of Torture 231 N. 63 rd Street

1. Overview of Legal, Health and Mental Health Issues:Immigrants, Refugees and Survivors of Torture Denise Michultka, Ph.D. Liberty Center for Survivors of Torture 231 N. 63rd Street Philadelphia, PA 19139 215 747-7500 x 249 soft@lcfsinpa.org

2. Overview • Entering short term • Entering Long term • Family sponsorship • Employment sponsorship • Refugee • Exclusion (Inadmission) • Removal • Citizenship

3. Sources of Law • Law Implementation Interpretation Dept of Homeland Security BICE BICS BIBP Courts Congress (Before 9/11) After 9/11 DHS Policy

4. Non immigrant methods of entry • Non-immigrant • Short term visas • Temporary visas

5. Short Term Non Immigrant Visas • (A) an ambassador • (B) visiting temporarily for business or temporarily for pleasure • (C) transit through the United States, • (D) crewman   • (E) treaty of commerce

6. Short Term Non Immigrants Visas • (F)bona fide student qualified to pursue a full course of study • (G) principal resident representative of a foreign government • (H) temporarily to perform services in a specialty occupation   • (I) representative of foreign press, radio, film, or other foreign information media, • (J) student, scholar, trainee, teacher, professor, research assistant,

7. Short Term Non Immigrants Visas • K) fiancée or fiancé of a citizen of the United States   • (L) employed continuously for one year by a firm or corporation • (M)full course of study at an established vocational or other recognized nonacademic institution   • (N) the parent of an alien accorded the status of special immigrant • (O) extraordinary ability in the sciences, arts, education, business, or athletics which been demonstrated by sustained national or international acclaim or,

8. Short Term Non Immigrants Visas • (P) artist or entertainer or with such a group   • (Q) international cultural exchange   • (R) religious denomination having a bona fide nonprofit, religious organization in United States

9. Short Term Non Immigrants Visas • (S) critical reliable information concerning a criminal organization or enterprise • T) Victims of sex trafficking, complied with reasonable request for assistance in the investigation or prosecution of trafficking •  U) crime victims who have suffered physical or mental abuse as a result of rape, torture, trafficking, incest, domestic violence; possesses information concerning the criminal activity (214(O) • V spouses and children (unmarried and under the age of 21) to come in or stay in the U.S. once a petition filed by a permanent resident spouse/parent was filed more than three years previously and was approved or is still pending • ENTER WITH NO VISA

10. Summary Short Term Visas • Tourists • Students • Fiance(e) • Temporary Workers

11. Immigrant Visas:Long term • Sponsored by a Family • Sponsored by a Job • Sponsoring yourself (Asylum) • Sponsoring yourself (Abuse) • Sponsoring yourself (Adjudicated Dependent Juvenile) • Sponsoring yourself (Lottery)

12. Long Term:Immigrant Visas Immediate relatives First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference. Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers: A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation. Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences. Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

13. Visa Bulletin

14. Long TermImmigrant Visas • Employment Based • First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. • Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference. • Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers." • Fourth: Certain Special Immigrants: 7.1% of the worldwide level. • Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

15. Visa Bulletin

16. Violence Against WomenINS 204(a)(1) • Spouses and children of U.S. citizens or Legal Permanent Residents who are victims of domestic violence can self-petition for permanent residency

17. Special Juvenile Immigrant     8 U.S.C. 1101(27) • (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State and who has been deemed eligible by that court for long‑term foster care due to abuse, neglect, or abandonment;

18. Juveniles • (ii) for whom it has been determined in administrative or judicial proceedings that it would not be in the alien's best interest to be returned to the alien's or parent's previous country of nationality or country of last habitual residence; and • (iii) in whose case the Attorney General expressly consents to the dependency order serving as a precondition to the grant of special immigrant juvenile status;

19. Juveniles • (I) no juvenile court has jurisdiction to determine the custody status or placement of an alien in the actual or constructive custody of the Attorney General unless the Attorney General specifically consents to such jurisdiction; and • (II) no natural parent or prior adoptive parent of any alien provided special immigrant status under this subparagraph shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter;

20. REFUGEE Any person who is outside any country of such person's nationality or, in the case of a person having no nationality,is outside any country in which such person last habitually, and who is unable or unwilling to return to, and is unable or unwilling to avail or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a social group, or political opinion.

21. Persecution • Serious violations of human rights • Discrimination • Punishment • Torture • Agents of Persecution: • Government • Non Government forces that the government is unable or unwilling to control

22. Board Imm Appeals Federal Courts • Venues for applying for Asylum Immigration Judge Asylum Office

23. Lay definition of Torture • Designed to produce pain or suffering • Volitional/Intentional • For a purpose to extract information • With consent of government

24. Convention Against Torture Article 1. • any act by which severe pain or suffering, whether physical or mental, • is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or • intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is • inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

25. Convention Against Torture Article 2 No State Party shall expel, return (refouler) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. Article 3 For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.

27. Location in Pennsylvania • Applying for asylum • In detention: York, Berks, Lebanon, Carbon County Jails • Non-detention: with friends, family

28. Working while applying for asylum • Apply for employment authorization • Eligible for certain social services • Community Legal Services for info on public benefits and immigration. Sofia Memon: • 215 227-2400 x 2436 • sof74@hotmail.com; smemon@clsphila.org

29. Summary of Immigrant Visas • Sponsored by a Family • Sponsored by a Job • Sponsoring yourself (Asylum) • Sponsoring yourself (Abuse) • Sponsoring yourself (Adjudicated Dependent Juvenile) • Sponsoring yourself (Lottery)

30. Grounds for Inadmission • Health-related grounds.- • Criminal and related grounds.- (ABUSE) • Security and related grounds.- • Public charge • Labor certification • Illegal entrants and immigration violators • Documentation Requirements. An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the General, is inadmissible. •  Ineligible for citizenship •  Aliens Previously removed •  Miscellaneous (Polygamists; Abductors)

31. HIV Waiver • Asylees, refugees: • family unity,humanitarian purposes or public interest" concerns • Lawful permanent residents • husbands or wives of US citizens or lawful permanent residents; • unmarried sons and daughters of US citizens or lawful permanent residents; or parents of US citizens or lawful permanent residents. • 1.Minimal danger to the public health, • 2.Minimal possibility of the spread of HIV, and • 3.No cost to a government agency without that agency's prior consent

32. Grounds for Removal • Inadmissible at time of entry or of adjustment of status or violates status.- Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable. • Criminal offenses.-(Abuse) • Failure to register and falsification of documents.- •  Security and related grounds.- •  Public charge.- • Unlawful voters.-Any alien who has voted in violation of any Federal, State, or local provision, statute, ordinance, or regulation is deportable.

33. Citizenship • Citizenship by parentage • Citizenship by birth in US soil • Citizenship by application

34. Permanent Resident vs.Citizen • Lawful permanent resident = • Green card holder = • Permanent resident Different from Citizen = Naturalized citizen

35. Citizenship by ApplicationNaturalization • citizen of the United States upon his own application who cannot demonstrate- • (1) an understanding of the English language, including an ability to read, write, and speak words in ordinary usage in the English language: Provided, That the requirements of this relating to ability to read and write shall be met if the applicant can read or • write simple words and phrases to the end that a reasonable test of his literacy shall be • made and that no extraordinary or unreasonable conditions shall be imposed upon the • applicant; and • (2) a knowledge and understanding of the fundamentals of the history, and of the principles and form of government, of the United States.

36. Requirements Exception • The requirement of subsection (a)(1) shall not apply to any person who, on the date • of the filing of the person's application for naturalization as provided in section 334 , • either-  • (A) is over fifty years of age and has been living in the United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence, or •   (B) is over fifty-five years of age and has been living in the United States for periods totaling at least fifteen years subsequent to a lawful admission for permanent residence.

37. Summary • Entering short term • Visitor – student – Temporary Worker • Entering Long term • Family sponsorship • Employment sponsorship • Asylum (Refugee)/Torture • Exclusion • Removal • Citizenship

38. Non-profit agenciesDirectory of Non-Profit Agencies that Assist Persons in Immigration MattersPublisher: National Immigration Law CenterTelephone: (213) 938-6452 Philadelphia 1. Community Legal Services(Language Access Project) 215 981-3700 2. Phila Legal Assistance 215 981-3837 (Violence Against Women) 3. Nationalities Service Center, Joe Hohenstein 1300 Spruce Street 215 893-8400 4. Hebrew Immigrant Aid Society & Council Migration Service Judy Bernstein Baker 2100 Arch Street, 3rd Floor 215 832-0900 5. Lutheran Children and Family Services: Joy Van Berg 231 N 63rd Street 215 747-7500 202 6. Catholic Social Services, Immigration Program Phyllis Forman, 227 N. 18th Street 215 854-7019

39. Research Tools • Statute: 8 U.S.C.A Aliens and Nationality http://www.ins.usdoj.gov • Regulations: 8 C.F.R. Aliens and Nationality http://www.ins.usdoj.gov • INS Operating Instructions (directives that clarify sections of 8 CFR and give notice of policy changes) • Cases • Findlaw.com • Treatises, Casebooks: • Articles: Steel and Kalra • Charles Gordon & Stanley Mailman • Immigration Law and Procedure (13 volumes, looseleaf) • Matthew Bender • Weissbrodt, David • Immigration Law and Procedure in a Nutshell • West Publishing Corp • Aleinikoff, Martin, Motomura • Immigration Process and Policy (3rd ed.) • West Publishing Corp • Interpreter Releases • Federal Publications

40. Lewis Mumford Center for Comparative Urban and Regional Research • REPORTS: • http://mumford1.dyndns.org/cen2000/report.html • http://www.albany.edu/mumford/Center_Act/Act_frame.html • SORTABLE LIST of Latino communities across USA: • http://mumford1.dyndns.org/cen2000/HispanicPop/HspSort/TotHspSort.htm • --------------------------------------

41. Physical and Psychological Issues in Treating Survivors of Torture

42. What is Torture ?Torture is a tool to: • Exert actual confessions, information, etc. • Break Individual spirit • Create Community control

43. Torture has long lasting effects on individuals • Physically • Emotionally • Socially • Spiritually

44. TORTURE (Physical) • Physical beatings • Electrical shocks • Trauma to specific body parts • Sensory Deprivation/Over stimulation

45. TORTURE (Sexual) • Rape • Sodomy • Psychological fear of sexual brutality • Rape as torture in context of war is different than rape in non-war context

46. TORTURE (Psychological) • Humiliation (nakedness) • Lack of Control • Solitary confinement • Symbolic acts to scar the psyche • Symbolic acts to make person feel guilty

47. Physical Torture: Somatic Complaints

48. Physical Torture:Somatic Complaints • Beatings to Feet • Falanga or Bastinado (beating bottom of feet) • Sequelae: • Pain, walking on bones of feet • Weakness in the Limbs

49. Physical Torture:Somatic Complaints • Beating to head • Ears, head, teeth • Sequelae • Headaches • Fatigue • Dizziness • Sensitivity to light and sound

50. Physical Torture:Somatic Complaints • Suspension (Being put in unatural position • Hanging upside down • Sequelae: • Muscular/Skletal disorder • Complex nueral pain • Stomach Pain • Menstrual Irregularities