Relief for undocumented immigrants victims of violence

Many domestic violence victims within immigrant communities are afraid to

Undocumented immigrants can be protected against deportation if they are victims of domestic violence report crimes, especially if they are in the country illegally - - fearing the police will find out and arrest them. The truth is that undocumented immigrants can be protected against deportation if they are victims of crime. Two specific programs can offer victims relief and a chance for a violence-free life in the United States.

U- Visa

The Victims of Trafficking and Violence Protection Act of 2000 created a nonimmigrant visa for noncitizen victims of crime, referred to as the "Uvisa," designed to provide legal status to noncitizens that are assisting or are willing to assist authorities investigating crimes.

After three years, U-visa holders can apply to become legal permanent residents. Certain family members, including spouses and children, are also eligible for the visas.

The U-visa benefits noncitizen crime victims of rape, torture, sexual exploitation, and extortion as well as witness tampering, obstruction of justice, false imprisonment, domestic violence, sexual abuse, trafficking, or other crimes in which vulnerable immigrants are often targeted.

In the case of domestic violence, the abuser does not need to be a U.S. citizen or lawful permanent resident, and victims do not have to have been married to the abuser to be eligible for a U-visa. The victim is also not required to be physically present in the United States to qualify for a U-visa; the victim can apply from abroad as long as the criminal activity violated U.S. law or occurred in U.S. territories.

VAWA

The Violence Against Women Act of 1994 (VAWA) was drafted by then- U.S. Senator Joseph Biden's office with support from a number of advocacy organizations and was signed into law by former President Bill Clinton.

Under VAWA, there are two ways for women who are married to U.S. citizens or lawful permanent residents to obtain legal residency. If the victim has never been married to their abuser, or if the abuser is not a U.S. citizen or lawful permanent resident, then she does not qualify for residency under VAWA. (However, the victim may still qualify for a U-visa as described above).

The first step toward residency through VAWA is called "self-petitioning." Instead of relying upon the spouse to apply for residency with CIS, the victim can apply on her own for herself and their children. The spouse plays no role in the process and does not even have to know that the victim is applying.

A second way to obtain residency under VAWA is through "cancellation of removal." This is available to victims who are in, or can be placed into, deportation proceedings. If they qualify for cancellation, the court may waive the deportation and grant lawful permanent residency. To win a VAWA self-petition case, the applicant must meet the following criteria:

1. Relationship with US citizen or lawful permanent resident - Only those who are or have been spouses, children or parents of US citizens or lawful permanent residents qualify for immigration status under VAWA.

2. Battery or extreme cruelty - The abuser must have subjected the applicant to "battery or extreme cruelty." This abuse does not need to have taken place in the United States, but at some point, the victim must have resided with the abusive spouse or parent in the United States.

3. Good faith marriage - The victim must show that she didn't marry the abuser solely for the purpose of gaining legal immigration status.

4. Good moral character - The victim must show that she has "good moral character," which the CIS determines largely through criminal records.

5. Residency- The victim must show that she currently resides in the United States, or if she resides abroad, she must show that the abuser works for the U.S. government, is a member of the U.S. military or has subjected the victim to domestic violence in the United States.

Because the law is complicated, domestic violence victims should first consult an immigration attorney or a domestic violence organization for assistance and guidance.

You can find a list of local organizations at the Connecticut Coalition Against Domestic Violence, Inc. (CCADV) website www.ctcadv.org or by calling their toll free domestic violence hotline at 888-774-2900.

Domestic Violence and Sexual Assault Crisis centers in Tribuna coverage areas:

The Center for Women
and Families
753 Fairfield Avenue
Bridgeport, CT 06604
(203) 334-6154
Women's Center of Greater
Danbury
2 West Street
Danbury, CT 06810
(203) 731-5200
Safe Haven of Greater Waterbury
29 Central Ave.
Waterbury, CT 06702
203-575-0388