1 / 5

Immigration Remedies for Victims of Domestic Violence

September 7, 2012 – Penn State, The Dickinson School of Law. Immigration Remedies for Victims of Domestic Violence. Common Immigration/DV Scenarios. Victim could be…. Abuser could be…. Undocumented In a temporary status (e.g. H skilled worker, F student, J exchange visitor)

uma
Télécharger la présentation

Immigration Remedies for Victims of Domestic Violence

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. September 7, 2012 – Penn State, The Dickinson School of Law Immigration Remedies for Victims of Domestic Violence

  2. Common Immigration/DV Scenarios Victim could be… Abuser could be… Undocumented In a temporary status (e.g. H skilled worker, F student, J exchange visitor) Lawful permanent resident (“green card,” LPR) U.S. Citizen (USC) • Undocumented (entered without inspection or overstayed visa) • In a temporary status, which may or may not be dependent on abuser’s status • Includes K fiancees • Conditional permanent resident (2 year green card) • More complicated (in proceedings, removal order, order of supervision, etc.)

  3. The Link Between Abuse & Immigration Immigration status & applications become part of the abuse & trap the victim. • FEAR OF DEPORTATION for self, children, abuser =Fear to call the police =Fear to seek the protection of the courts • Economic/emotional dependence on the abuser • Dependence on abuser to provide legal status • Social/cultural isolation • Misinformation/lack of information about legal rights and protections and about available services • Language access issues

  4. How Can I Help My Client? • Consider whether your clients may be eligible for immigration relief • Refer clients to REPUTABLE immigration service providers • Help clients collect documents and other evidence to support their applications • Consider providing pro bono assistance in immigration matters, with training and mentorship of experienced immigration counsel

  5. Immigration Protections forNon-citizen Victims of Domestic Violence • I-360 VAWA Self Petition for battered spouse of U.S. citizen or LPR * • I-751 Petition to Remove Conditions on Residency based on divorce or extreme cruelty/battery * • U Visa for victims of crime in the U.S. * • T Visa for victims of trafficking * • VAWA-based Cancellation of Removal * • Gender – based asylum • Special Immigrant Juvenile Petition * Covered in greater depth today

More Related