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