Challenges Facing Abused Immigrants and Resources to Assist Them
The Institute's Legal Services Program helps spouses and children who have been abused by their U.S. citizen or Permanent Resident spouses or parents apply for legal status through a special new law - the Violence Against Women Act (VAWA).If you have been abused by your a spouse or parent who is, or was, a U.S. citizen or green card holder, and need immigration assistance, please call us at (510) 451-2846, ext. 321.
If you need help finding shelter, counseling, restraining orders, or other help for abused spouses or children, please click Domestic Violence Resources in the East Bay.
Questions and Answers Pertaining to Battered Immigrant Women
What could possibly be worse than being abused?
Being abused by your husband in a foreign country where you are separated from your family, don't understand the legal system, and depend on your abuser's help to obtain your immigration
status. As bad as the situation is, you are petrified of being deported back to your home country because you don't want to leave your U.S.-born children behind, or face shame and being shunned by family and friends on your return.
How does this issue affect battered women?
Battered immigrant women have specific issues that are unique to their situations: sometimes women from certain cultures choose or are forced into arranged marriages and she is already married when the abuse starts; in some cultures women are are taught that they are obligated to tolerate abuse; and many immigrant women don't know that domestic violence is against the law and that there are places that can help them.
Does this happen a lot?
More than one might think. Frequent patterns include where the woman chooses or is forced into an arranged marriage, falls in love through correspondence, or marries very young. Only when she is already married and living with her husband does she discover his abusive nature -- by which time she feels
trapped. Many of our clients report that their husbands threaten them outright with deportation, i.e. you call the police on me and I'll have Immigration come and put you on the next plane home.
Why don't battered women leave?
Although there may be many reasons why women don't leave, including social and economic factors, immigrant women are often especially intimidated by the possibility that they might be deported. There are legal remedies for these women and agencies like the International Institute of the East Bay can help
inform women of their rights further.
Is there anything that the abused spouse can do to escape this trap?
Yes. Federal law, in particular new provisions under the Violence Against Women Act offer women and children under the age of 21 a means to sidestep the normal dependency on one's husband or parent for one's immigration status. (Normally the U.S. citizen or permanent resident spouse must sign numerous
documents, a contract to provide financial support, and appear at a minimum of one interview with an immigration official). New procedures allow the woman to or alternatively present a defense to removal based on the fact that she would be eligible for residency if it weren't that her spouse is cruel or abusive. The woman can then obtain the right to work and ultimately the right to live in the U.S. permanently -- thus releasing one bond on the trap in which she was held.
How does the International Institute help such women?
First, we are working to inform the immigrant communities about domestic violence and their rights under the immigration laws. Our staff presents workshops and trainings to immigrant groups and to staff of community-based organizations. Second, our staff provides consultations and representation of battered immigrant women and children who seek legal assistance with their VAWA self-petitions. Our staff is bilingual in English and Spanish and experienced in assisting battered immigrants with this highly sensitive area of immigration law.
Does one need a lawyer's help to "Self-Petition?"
Technically, no. As long as the woman is not and never has been in removal proceedings, the application process is an administrative one. One can submit the application, with accompanying proof of the abuse and the husband's U.S. citizen or permanent resident status, without a lawyer's help. However, immigration law is highly complex. For this reason, we recommend that everyone considering entering into this process or helping someone else to do so at least consult an experienced immigration attorney.
What can I do to help?
If you know a woman who is abused, married to a U.S. citizen or permanent resident, and undocumented, arrange for her to contact our agency. Also youcan let the person know that the abuse is not their fault and by suggesting some of the places listed here
Domestic Violence Resources in the East Bay
If you can help our agency with volunteer time or financial
donations, please call us. Your help and interest is much needed and
appreciated.
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