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

Gail PendletonGail PendletonCo-DirectorCo-DirectorASISTA Immigration AssistanceASISTA Immigration Assistance

GoalsGoals

Identify who you can helpIdentify who you can help

Identify what you can doIdentify what you can do

Identify who you will work with (or need to Identify who you will work with (or need to work with)work with)

Ancestor ExerciseAncestor Exercise

How did your ancestors get to the US?How did your ancestors get to the US?

What were their goals & aspirations?What were their goals & aspirations?

What barriers did they experience to full What barriers did they experience to full participation in society?participation in society?

3

A Few Immigration A Few Immigration ConceptsConcepts

Immigrants & NonimmigrantsImmigrants & Nonimmigrants Lawful permanent residents (“green card Lawful permanent residents (“green card

holders”)holders”) Conditional permanent residentsConditional permanent residents Change of status vs. adjustment of statusChange of status vs. adjustment of status

““Noncitizens” Noncitizens”

CitizensCitizens Acquisition, derivation, naturalizationAcquisition, derivation, naturalization

Who is Undocumented?Who is Undocumented?4

How our Immigration System WorksHow our Immigration System Works DHSDHS: Department of Homeland Security: Department of Homeland Security

CIS: Citizenship & Immigration ServicesCIS: Citizenship & Immigration ServicesICE: Immigration & Customs ICE: Immigration & Customs

EnforcementEnforcementCBP: Customs & Border ProtectionCBP: Customs & Border Protection

DOJDOJ: Department of Justice: Department of Justice EOIR: Executive Office for Immigration ReviewEOIR: Executive Office for Immigration Review BIA: Board of Immigration AppealsBIA: Board of Immigration Appeals

DOSDOS: Department of State: Department of State U.S. Consulates abroadU.S. Consulates abroad

5

What You Do AlreadyWhat You Do Already

Who has done some work with immigrants?Who has done some work with immigrants?

What did you do to help them with status?What did you do to help them with status?

Why was that helpful?Why was that helpful?

Warnings for ClientsWarnings for Clients

Warn about travel risks: ALWAYS check Warn about travel risks: ALWAYS check with immigration expert before leaving USwith immigration expert before leaving US No valid travel documentNo valid travel document ““Inadmissibility” triggersInadmissibility” triggers Expedited removal at border/port of entryExpedited removal at border/port of entry

Same as full-fledged removal hearing with same Same as full-fledged removal hearing with same consequencesconsequences

Barred from entering/getting status/consequences if Barred from entering/getting status/consequences if re-enterre-enter

Entering without permission consequencesEntering without permission consequences Criminal chargesCriminal charges Bars to lawful permanent residenceBars to lawful permanent residence Immediate removal (if already removed)Immediate removal (if already removed)

False Claims to USCFalse Claims to USC

Warm about false claims to citizenship in any Warm about false claims to citizenship in any contextcontext DeportationDeportation No lawful permanent residenceNo lawful permanent residence Criminal chargesCriminal charges U visa waiver may be only optionU visa waiver may be only option

Check for other optionsCheck for other options

Did your spouse file anything for you?Did your spouse file anything for you?

Is one of your parents a USC or LPR?Is one of your parents a USC or LPR?

Are you currently married to a USC or LPR?Are you currently married to a USC or LPR?

Why are you asking these questions?Why are you asking these questions?

Family-Based Family-Based ImmigrationImmigration

Prove RelationshipProve Relationship

File for Lawful Permanent ResidenceFile for Lawful Permanent Residence

Preference systemPreference system

Adjustment v. consular processingAdjustment v. consular processing

Work authorizationWork authorization

Children = “derivatives”Children = “derivatives” Child = unmarried & under 21Child = unmarried & under 21

Two ways to obtain a Two ways to obtain a green card:green card:

adjustment of status in the adjustment of status in the U.S.U.S.VAWA self-petitioners do not VAWA self-petitioners do not

have to leave the countryhave to leave the country

consular processing outside of consular processing outside of the U.S.the U.S.

VAWA Self-PetitioningVAWA Self-Petitioning

Any Credible EvidenceAny Credible Evidence

Domestic violence Domestic violence ““battery/extreme cruelty”battery/extreme cruelty”

By US citizen or lawful permanent residentBy US citizen or lawful permanent resident

Who is or was spouse or parentWho is or was spouse or parent

Police clearances Police clearances For good moral characterFor good moral character

How can you help show these things?How can you help show these things?

What advocates can doWhat advocates can do

Help her with her storyHelp her with her story Who is in best position for this? Why?Who is in best position for this? Why?

Help her get documents from the systemHelp her get documents from the system What can you do to help?What can you do to help?

Provide corroborationProvide corroboration

Ask the family court to helpAsk the family court to help

What You GetWhat You Get

Work authorizationWork authorization

Access to some public benefitsAccess to some public benefits

Lawful permanent residence Lawful permanent residence

Children can ride along (“derivatives”)Children can ride along (“derivatives”)

Who Isn’t Covered?Who Isn’t Covered?

VAWA Self-Petitioning VAWA Self-Petitioning does NOT helpdoes NOT help

Abuser is not US citizen/lawful permanent Abuser is not US citizen/lawful permanent residentresident Lost status more than 2 years agoLost status more than 2 years ago

Not a spouse/parentNot a spouse/parent divorced more than two yearsdivorced more than two years

Not DV, but SA or some other crimeNot DV, but SA or some other crime

U Visa PurposeU Visa Purpose

Strengthen Strengthen investigation and investigation and prosecutionprosecution

Protect victims of Protect victims of crimecrime

U Visa Eligibility U Visa Eligibility Requirements Requirements

Victim of qualifying criminal activity; Victim of qualifying criminal activity;

Possesses information about that crime;Possesses information about that crime;

Helpful to law enforcementHelpful to law enforcement

Substantial physical or mental abuse from crime;Substantial physical or mental abuse from crime;

Admissible to US or merits waiverAdmissible to US or merits waiver

18

U visa evidenceU visa evidence

Any credible evidenceAny credible evidence

Key = certification from state, local or federal Key = certification from state, local or federal police, prosecutor, judge, or other agency police, prosecutor, judge, or other agency thatthat

Crimes listCrimes list

TortureTorture

RapeRape

TraffickingTrafficking

IncestIncest

Domestic violenceDomestic violence

Sexual assaultSexual assault

ProstitutionProstitution

FGMFGM

Being held hostageBeing held hostage

PeonagePeonage

Involuntary servitudeInvoluntary servitude

Slave tradeSlave trade

KidnappingKidnapping

AbductionAbduction

False ImprisonmentFalse Imprisonment

More crimesMore crimes

BlackmailBlackmail

ExtortionExtortion

ManslaughterManslaughter

MurderMurder

Felonious assaultFelonious assault

Witness tamperingWitness tampering

Obstruction of justice Obstruction of justice

Perjury or Perjury or

Attempt, conspiracy or Attempt, conspiracy or solicitationsolicitation

Any “similar” crimeAny “similar” crime

Also showAlso show

Substantial mental or physical abuseSubstantial mental or physical abuse

What can YOU do?What can YOU do?

EVIDENCEEVIDENCE

Any credible evidenceAny credible evidence

Critical evidenceCritical evidence Applicant’s declarationApplicant’s declaration Corroborative evidenceCorroborative evidence Systems documentation: Protection order, Systems documentation: Protection order,

medical records, police reportsmedical records, police reports Expert declarations: shelter workers, battered Expert declarations: shelter workers, battered

women’ advocates, persons providing mental women’ advocates, persons providing mental health treatment (not just assessment)health treatment (not just assessment)

Family court findings re: domestic violence, legal Family court findings re: domestic violence, legal marriage, abuser’s immigration statusmarriage, abuser’s immigration status

What Us getWhat Us getWork authorizationWork authorization

Four years of visaFour years of visa

Can apply for green card after 3 yearsCan apply for green card after 3 yearsDone by same unit that does UDone by same unit that does U

Action PlanAction Plan

Who can you help?Who can you help?

What can you do?What can you do?

Who else needs to know this?Who else needs to know this?

ResourcesResources

Gail PendletonGail Pendleton

Gailpendleton@comcast.net

Immigration TA (Asista Project)Immigration TA (Asista Project)

www.asistahelp.orgwww.asistahelp.org questions@asistahelp.org

DV/SA/Trafficking Resources (FVPF)DV/SA/Trafficking Resources (FVPF)www.endabuse.org, immigrant women, immigrant women

Family law, public benefits (IWP of LM)Family law, public benefits (IWP of LM)www.legalmomentum.org, immigrant women’s , immigrant women’s projectproject