Obtaining Lawful Permanent Residency Through the Violence Against Women Act a vawa manual for Pro Bono Advocates Legal Services Center for Immigrants Legal Assistance Foundation of Metropolitan Chicago
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- TABLE OF CONTENTS Introduction and Welcome 2 PART 1 VAWA PETITIONS
- PART 2 INTAKE AND INTERVIEW GUIDE
- PART 3 VAWA PETITIONER’S AFFIDAVIT The Affidavit: Practice Tips 22 Sample Affidavits 24 PART 4 THE I-360 FORM
- PART 6 FILING THE VAWA PETITION
- VAWA ELIGIBILITY OUTLINE 1. SPOUSE OR CHILD (under 21) OF U.S. CITIZEN (USC) OR LAWFUL PERMANENT RESIDENT (LPR)
- 2. VALID MARRIAGE IN “GOOD FAITH”
- 3. BATTERED AND/OR SUBJECTED TO “EXTREME CRUELTY” BY USC/LPR SPOUSE/PARENT
- BARRIERS FACED BY NONCITIZEN SURVIVORS OF DOMESTIC VIOLENCE
Obtaining Lawful Permanent Residency Through the Violence Against Women Act A VAWA Manual for Pro Bono Advocates Legal Services Center for Immigrants Legal Assistance Foundation of Metropolitan Chicago 111 West Jackson Boulevard • Suite 300 • Chicago, Illinois 60604-3502 Telephone: (312) 341-1070 • Fax: (312) 341-1041 • TDD: (312) 431-1206 • www.lafchicago.org
“Barriers Faced by Noncitizen Survivors of Domestic Violence,” outline based on article by Gail Pendleton for ABA Commission on Domestic Violence 4
VAWA Interview Guide 9 List of Suggested Documents in Support of I-360 (English and 14 other languages) 14 Chicago Area Immigrant Battered Women’s Services 16 Chicago Area Immigration Legal Services 19 Basic Procedures for LAF’s Pro Bono VAWA Project 20 PART 3 VAWA PETITIONER’S AFFIDAVIT The Affidavit: Practice Tips 22 Sample Affidavits 24
Sample Certificate of Translator’s Competence 37 How to Get Proof for CIS of Outcome of Criminal Arrests 38 Guidelines for letter of support from counselor, advocate, or other DV expert 39 PART 6 FILING THE VAWA PETITION Filing the VAWA Petition: Practice Tips 43 Sample Fee Waiver Requests (2 versions) 44 PART 7 RESPONSES FROM U.S. CITIZENSHIP AND IMMIGRATION SERVICES (CIS) CIS Responses: Practice Tips 46 PART 8 EMPLOYMENT AUTHORIZATION and SEEKING PUBLIC BENEFITS Eligibility for Employment Authorization and Practice Tips 48 Public Benefits for Immigrant Abuse Survivors 50 PART 9 ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENCY Adjustment of Status for VAWA Petitioners 51 Introduction and Welcome Domestic violence, terrifying for anyone, presents special dilemmas for immigrants who lack legal residency status in the U.S. Take the case of Nayeli*, who came here from rural Mexico and later met and married her husband, a naturalized U.S. citizen. Intensely possessive of his young wife, he forbid her to study English, learn to drive, work outside the home, talk to neighbors, or even visit her own relatives. He began to insult her constantly, calling her an ignorant country girl who could never learn anything, and accusing her of only wanting to meet other men. Sometimes, he would slap or shove her. Though he petitioned her and got her legal residency application on file, he held this over her, threatening to cancel his petition if she ever dared to disobey him or call the police. With the birth of their son, Nayeli hoped her husband would change, but he seemed pleased that now it was even harder for her to go out. Then one night, the family went to a holiday party in their building. When Nayeli accepted an invitation to dance, her husband became enraged and demanded she return home at once. At their apartment, he began insulting and then beating her. Neighbors overheard and called 911, and Nayeli was rushed to the emergency room. On her release from the hospital, Nayeli returned home, desperate to be reunited with her baby. She felt she had nowhere else to go, and she feared what her husband always said -- that if she left him, he would get her deported, and if she called the police, they would believe him, the citizen -- not her, because she was “just a worthless illegal.” As the months went on, her husband grew ever more jealous and violent, but fearing separation from her child, Nayeli never called the police. Then a letter came from Immigration for her interview for adjustment to permanent residency. Her husband angrily told her he wouldn’t attend. Instead, he said, he was calling INS so they would deport her, and he would keep their son. Desperate, Nayeli at last confided in a neighbor, who told her about a domestic violence support organization that a friend had gone to. They referred Nayeli to LAFMC, which helped her file a petition under the Violence Against Women Act (“VAWA”) and obtain permanent residency, independent of her husband. Now divorced, Nayeli is studying English, working to support herself and her young son, and slowly building a self-sufficient life in the U.S. On behalf of the Legal Assistance Foundation of Metropolitan Chicago and women like Nayeli, we thank you for taking on VAWA cases. By helping these courageous abuse survivors obtain permanent residency in the U.S., you open the door to a safe and promising future for them and their children. This manual contains all the information you need to file a VAWA petition. If you have any questions or concerns, please contact us. Legal Services Center for Immigrants Legal Assistance Foundation of Metropolitan Chicago 111 West Jackson Boulevard, Suite 300Chicago, Illinois 60604-3502 (312) 341-1070 *This client’s name and circumstances have been changed to protect her privacy VAWA ELIGIBILITY OUTLINE 1. SPOUSE OR CHILD (under 21) OF U.S. CITIZEN (USC) OR LAWFUL PERMANENT RESIDENT (LPR)
2. VALID MARRIAGE IN “GOOD FAITH”
3. BATTERED AND/OR SUBJECTED TO “EXTREME CRUELTY” BY USC/LPR SPOUSE/PARENT Generous standard of proof: “any credible evidence” 4. RESIDENCE WITH ABUSER, AND CURRENT RESIDENCE IN THE U.S.
5. GOOD MORAL CHARACTER
BARRIERS FACED BY NONCITIZEN SURVIVORS OF DOMESTIC VIOLENCE The following outline is based on an article by Gail Pendleton, National Immigration Project of the National Lawyers Guild, with help from Heather Maher, ABA Commission on Domestic Violence (update of materials originally produced for ABA) (complete article available at www.nationalimmigrationproject.org under Immigrant Survivors) Battered noncitizens are often stopped from accessing legal system by common barriers: Directory: calendarUploads calendarUploads -> Do you need help in paying your rent, mortgage, security deposit, or utilities? calendarUploads -> Other subsidized housing calendarUploads -> Review of reasonable accommodations under the ada calendarUploads -> Its enforcement in civil court and criminal court calendarUploads -> Chicago legal clinic, inc calendarUploads -> Counseling Domestic Violence Clients calendarUploads -> What lafmc does and who does it calendarUploads -> What lafmc does and who does it for family law clients Download 0.55 Mb. Share with your friends:
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