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Immigration Remedies for Victims of Domestic Violence

September 7, 2012 – Penn State, The Dickinson School of Law. Immigration Remedies for Victims of Domestic Violence. Common Immigration/DV Scenarios. Victim could be…. Abuser could be…. Undocumented In a temporary status (e.g. H skilled worker, F student, J exchange visitor)

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Immigration Remedies for Victims of Domestic Violence

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  1. September 7, 2012 – Penn State, The Dickinson School of Law Immigration Remedies for Victims of Domestic Violence

  2. Common Immigration/DV Scenarios Victim could be… Abuser could be… Undocumented In a temporary status (e.g. H skilled worker, F student, J exchange visitor) Lawful permanent resident (“green card,” LPR) U.S. Citizen (USC) • Undocumented (entered without inspection or overstayed visa) • In a temporary status, which may or may not be dependent on abuser’s status • Includes K fiancees • Conditional permanent resident (2 year green card) • More complicated (in proceedings, removal order, order of supervision, etc.)

  3. The Link Between Abuse & Immigration Immigration status & applications become part of the abuse & trap the victim. • FEAR OF DEPORTATION for self, children, abuser =Fear to call the police =Fear to seek the protection of the courts • Economic/emotional dependence on the abuser • Dependence on abuser to provide legal status • Social/cultural isolation • Misinformation/lack of information about legal rights and protections and about available services • Language access issues

  4. How Can I Help My Client? • Consider whether your clients may be eligible for immigration relief • Refer clients to REPUTABLE immigration service providers • Help clients collect documents and other evidence to support their applications • Consider providing pro bono assistance in immigration matters, with training and mentorship of experienced immigration counsel

  5. Immigration Protections forNon-citizen Victims of Domestic Violence • I-360 VAWA Self Petition for battered spouse of U.S. citizen or LPR * • I-751 Petition to Remove Conditions on Residency based on divorce or extreme cruelty/battery * • U Visa for victims of crime in the U.S. * • T Visa for victims of trafficking * • VAWA-based Cancellation of Removal * • Gender – based asylum • Special Immigrant Juvenile Petition * Covered in greater depth today

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