| -- End Ad Box ---> | | | | and s/he may leave her abuser at any time, without |
| Under U.S. immigration law, immigrants may obtain a | | | | harm to her immigration status. |
| green card ("U.S. permanent residence) by | | | | Even an immigrant spouse who is not married to a |
| marrying a U.S. citizen. The U.S. citizen must, however | | | | lawful permanent resident or U.S. citizen but is instead |
| under the normal course, petition U.S. Citizenship & | | | | married to an undocumented immigrant or an |
| Immigration Services (CIS, formerly known as | | | | immigrant holding a temporary work or visiting visa |
| INS) for an immigrant visa and a green card | | | | has options under VAWA. Since VAWA was |
| application for his/her immigrant spouse based on the | | | | amended in 2001, now regardless of the immigrant or |
| marriage. This process once completed leads to the | | | | abuser's status, the immigrant may obtain legal |
| immigrant’s attainment of U.S. permanent | | | | immigration status through the new "U" visa, which |
| residency — i.e., permission to work and live in | | | | allows the immigrant to eventually obtain a green |
| the U.S. on a permanent basis. But this process is not | | | | card if s/he has proven helpful or likely to be helpful |
| always beneficial to the immigrant — in many | | | | to a law enforcement investigation of a violent crime. |
| instances, it provides one of the most abusive ways | | | | To be eligible for the "U" visa, the immigrant must |
| a sponsoring spouse can exercise control over the | | | | have suffered substantial physical or mental abuse |
| immigrant, by holding the immigrant's tentative | | | | resulting from criminal activity that violated a U.S. or |
| immigration status over her. | | | | local state or municipal law. Examples of qualifying |
| A commonality in almost all abusive marriages | | | | crimes include: rape, domestic violence, battery, |
| involving an immigrant spouse is the threat of | | | | forced servitude, and criminal threats. The immigrant |
| deportation, often in the form of the abusive U.S. | | | | must possess information concerning the crime and |
| citizen or lawful permanent resident spouse | | | | have a certificate or other affirmation signed by a |
| threatening to withdraw his/her sponsorship of the | | | | designated law enforcement official that s/he has |
| immigrant’s visa petition, not file at all, or | | | | been helpful, is being helpful, or is likely to be helpful |
| contact CIS and lie about her in an attempt to have | | | | to an investigation or prosecution of the criminal |
| her deported. | | | | activity. |
| Often, immigrants are given the ultimatum that they | | | | CIS is now issuing interim relief in the form of work |
| either tell no one about the abuse and thereby, let is | | | | authorization and deferred action status for those |
| continue, or else face deportation. This threat of | | | | who would squarely qualify for the "U" visa even |
| deportation, a form of severe psychological abuse, | | | | though the "U" visa, itself, is not yet being issued |
| can be more terrifying to an immigrant than even the | | | | because regulations have yet to be published. |
| worst physical abuse imaginable. Many immigrants | | | | The "T" visa may also offer a solution to those who |
| have children and family members in the U.S. who rely | | | | do not want to risk exposing their lack of immigration |
| on them and many fear returning to the country | | | | status to CIS but who would otherwise qualify for |
| they escaped, for fear of societal reprisal, inescapable | | | | immigration relief as a victim of crime. The "T" visa, |
| poverty, and/or persecution. | | | | which is currently available and being issued, is |
| The Violence Against Women Act (VAWA), passed | | | | specifically designed for certain human trafficking |
| into law in 1994 and amended in 2001, provides hope | | | | victims who cooperate with law enforcement against |
| for immigrant abuse survivors. Abused immigrants | | | | those responsible for their enslavement. This could |
| who are married to a U.S. citizen or Lawful | | | | clearly apply to mail-order bride schemes where the |
| Permanent Resident or who divorced their abuser in | | | | young bride is taken to the U.S. against her will. The |
| the past two years may now petition on their own | | | | statute allows victims to remain in the United States |
| for an immigrant visa and green card application, | | | | if it is determined that such victims could suffer, |
| without the abuser's knowledge or consent. In this | | | | "extreme hardship involving unusual and severe harm" |
| confidential process, CIS agents are legally bound to | | | | if returned to their home countries. |
| refrain from contacting the abuser and telling him/her | | | | After three years in "T" status, victims of human |
| anything of the abused immigrant's attempts to | | | | trafficking may apply for permanent residency (green |
| obtain a green card under VAWA. The process can | | | | cards). In addition, subject to some limitations, the |
| often be completed within a year for those married | | | | regulation allows survivors to apply for valid |
| to U.S. citizens. | | | | nonimmigrant status for their spouses and children |
| This process also provides temporary protection | | | | and victims under the age of 21 may apply for |
| from deportation for immigrants not in deportation | | | | non-immigrant status for their parents. |
| already (called "deferred action status") and renewed | | | | The above shows that abused immigrants often do |
| work authorization to lawful permanent residents | | | | have options. An abused immigrant does not have to |
| who usually face a longer waiting period due to visa | | | | continue to live with the threat of physical, financial |
| number backlogs. | | | | or psychological harm from an intimate partner |
| Further, the immigrant spouse does not have to | | | | because of fear of being deported. |
| appear before a judge (the process is paper driven) | | | | |