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

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

Ancestor 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 participation in society? What barriers did they experience to full participation in society? 3

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

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

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

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

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

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

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

What advocates can do Help her with her story Help 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 system Help her get documents from the system What can you do to help? What can you do to help? Provide corroboration Provide corroboration Ask the family court to help Ask the family court to help

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

Who Isn’t Covered?

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

U Visa Purpose Strengthen investigation and prosecution Strengthen investigation and prosecution Protect victims of crime Protect victims of crime

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

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

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

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

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

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

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

Action 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?

Resources Gail Pendleton Immigration TA (Asista Project) DV/SA/Trafficking Resources (FVPF) immigrant women Family law, public benefits (IWP of LM) immigrant women’s project