Legal Protections for Abused Aliens: VAWA

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Legal Protections for Abused Aliens VAWA U
Visas

• Stephen B. Yurik
• Lane Alton Horst
• [phone]
• syurik_at_lanealton.com

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INTRODUCTION

• Abused Aliens sometimes stay with an abusive
  spouse to avoid loss of legal status and
  deportation.
• Protections provided by Federal Statutes make
  this unnecessary in many cases

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STATUTORY PROTECTIONS

• Violence Against Women(94), Battered Women
  Protection Acts (00)
• Abused spouses of U.S. Citizens (USCs) or Lawful
  Permanent Residents (LPRs) can self-petition to
  become LPR
• Not dependent on USC or LPR spouse to obtain
  immigrant visa

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Victims of Trafficking and Violence Protection
Act of 2000

• Created U Visas
• U Visas Available to Victims of substantial
  physical or mental abuse as a result of crimes

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Immigration and the Family

• USCs and LPRs can sponsor family members for LPR
• LPRs defined
• Most LPRs gain that status through family
  sponsorship
• Immediate relatives of USC (spouses, unmarried
  children under 21, parents)
• Not subject to statutory cap
• Can apply for LPR upon marriage to USC

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Immigration and the Family

• Preference Immigrants
• 1 Unmarried sons daughters of USC
• 2A Spouses and unmarried children under 21 of
  LPRs
• 2B Unmarried sons and daughters of LPR
• 3 Married sons and daughters of USC
• 4 Siblings of USCs
• Wait time
• 4-10 years for most aliens
• Longer for Mexico, Philippines, China, India

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Immigration and the Family

• Process of Adjust of Status
• I-130 Petition filed by USC or LPR spouse
• Must establish own status
• And the qualifying family relationship
• Can withdraw anytime before residency granted
• I-485 Application for Adjustment of Status
• Immediate relatives file immediately
• Preference relatives must wait for priority date
  to become current (4-23 years)

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Immigration and the Family

• Conditional Permanent Residency
• LPR status is conditional when granted if married
  less than 2 years
• Petition for removal of conditions 90 days before
  2 year anniversary
• Must prove good faith marriage
• Documents
• Joint purchases and accounts
• Photographs
• Interview

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Potential for Abuse

• Immigrant seeking legal status
• Immigrant stays in abusive marriage to obtain or
  maintain LPR status
• I-130
• Petition to Remove Conditions

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Self Petition under VAWA

• Criteria for Eligibility
• Good faith marriage
• Battered or subjected to extreme cruelty
• Joint residence (past or present)
• Current residence in U.S.
• Good moral character
• Abuser is or was USC or LPR

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Self Petition Under VAWA

• Divorce does not Disqualify if
• Caused by battery or cruelty
• Petition filed within 2 years
• Common disqualifiers dont apply
• Entry Without Inspection
• Visa Overstay
• Unlawful work

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Self Petition Under VAWA

• Evidentiary Standard any credible evidence
• Evidence of battery or cruelty
• Medical records
• Police reports
• Court documents
• Witness statements

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Adjustment of Status (AOS)

• Immediate Relatives
• File for AOS simultaneously
• Preference Immigrants
• Wait for Priority Date
• Eligible for Work Authorization

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U Visas

• To Encourage Exploited and Abused Illegal Aliens
  to Report Crimes
• Undocumented can qualify
• Doesnt require marriage to LPR or USC
• Provides path to legal status

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Qualifying Criteria

• Victims of Certain Crimes
• Trafficking, kidnapping
• Domestic violence, etc.
• Suffered Substantial Abuse
• Has information about the crime
• Certified as helpful to the investigation or
  prosecution

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Benefits of U Visas

• Lawful Status
• Employment Authorization
• LPR status in some circumstances
• Present in U.S. for 3 years after gain U status
• Continued Presence justified on humanitarian,
  family unity or public interest grounds

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Conclusion

• Immigrants may be able to avail themselves of
  courts for divorce and keep or gain legal status
• VAWA
• U Visas