VAWA Self-Petition: Protections for Immigrant Survivors of Domestic and Sexual Abuse by Abusive Spouses and Parents April 22, 2020 Webinar NIWAP, American University Washington College of Law 1
VAWA Self-Petition: Protections for Immigrant Survivors of
Domestic and Sexual Abuse by Abusive Spouses and Parents
April 22, 2020
Webinar
NIWAP, American University Washington College of Law 1
Judge Rosemary Collins (Ret.)
Circuit Court Judge of the 17th
District Circuit Court of Winnebago County
Rocio MolinaDeputy Director
National Immigrant Women’s Advocacy Project,
American University Washington College of Law
NIWAP, American University Washington College of Law 2
Leslye OrloffDirector
National Immigrant Women’s Advocacy Project,
American University Washington College of Law
This project was supported by Grant No 2015-TA-AX-K043 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the authors and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.
NIWAP, American University Washington College of Law 3
By the end of this webinar, you will be able to:• Identify who may be eligible for VAWA self-
petitioning immigration relief • Understand the requirements for each type
of VAWA self-petition• Know the role you can play to assist eligible
VAWA self-petitioners• Help VAWA self-petitioners access services
and assistance for which they are eligible
NIWAP, American University Washington College of Law 4
Poll 1: Let’s see who is on the webinar with us
Please check the box that best describes you:
A. Victim Advocates
B. Attorneys
C. Law enforcement/prosecution agency staff
D. Judges/court staff
E. Other – type in the chat
NIWAP, American University Washington College of Law 5
Violence Against Women Act and VAWA Self-Petitioning
NIWAP, American University Washington College of Law 6
Three Decades of Increasing Immigration Protections for Victims of • Spouse abuse• Elder abuse• Child abuse• Domestic violence• Sexual Assault • Stalking
NIWAP, American University Washington College of Law 7
Protections for Immigrant Victims
SIJSSpecial
Immigrant Juvenile
Status forchild victims
TVISAFor victims
of trafficking
CONTINUED PRESENCEFor victims oftrafficking
UVISAFor victims of Domes-tic Violence, Sexual Assault, Felonious Assault, Trafficking,Other Serious Crimes
VAWAFor victimsof DomesticViolence married to UScitizens or permanentresidents
CONSIDERATIONS
Victims of a severe form ofhuman trafficking and who maybe potential witnesses, or filed acivil action
Law enforcement supportis required
ASYLUMFor victims of
persecutionToapply:USCISor
ImmigrationJudge
CONSIDERATIONS
MMuusstt hhaavvee jjuuvveenniilleeccoouurrtt oorrddeerr
For victims ofabuse, abandon-ment, or neglect byone or both parents
Must be in the USon account ofthe trafficking
Law enforcementcertification is encouraged butnot required
CONSIDERATIONS
Qualifying crime must be in the US or haveviolated US law
Must have law enforcementcertification
CONSIDERATIONS
If approved,benefit provides:
1.Up to four years oftemporary nonimmigrant status2. Work authorization3.Ability to apply for permanent status
CONSIDERATIONS
Perpetrator must beUS citizen or Lawful Permanent Resident spouse or parent or US citizen adult son or daughter
If approved,benefit provides:
1.Protection from removal2. Work authorization3.Ability to apply for permanent status
If approved,benefit provides:
1.Protection from removal2. Work authorization3.Ability to apply for permanent status
Must fearpersecution onaccount of race, religion, nationality, political opinion, or membershipin particular social group
CONSIDERATIONS
If approved,benefit provides:
1.Asylee status2. Work authorization3.Federal social services benefits4.Ability to apply for permanent status
If approved,benefit provides:
1.Up to four years oftemporary nonimmi-grant status2. Work authorization3.Federal social services benefits4.Ability to apply for permanent status
1.Protection from removal designation may be granted initially for a period of 2 yearsand renewed in increments of up to 2 years2. Work authorization3. Access to federal social services benefits
If approved,benefit provides:
Toapply:USCIS
Form I-360
Toapply:USCIS
FormI-360
FormI-589
Toapply:USCIS
FormI-918
Toapply:USCIS
FormI-914
Toapply:ICE- Federal law
enforcementmust seekthis
protection foryou
DHS.GOV/BLUE-CAMPAIGN
NIWAP, American University Washington College of Law 8
• This webinar focus on VAWA self-petition• Next webinar late summer on Battered
Spouse Waiver• Provide links to webinars and resources on
– U Visa– Special Immigrant Juvenile Status
NIWAP, American University Washington College of Law 9
Poll 2: Raise your hand if the you have worked on family violence case where involving an immigrant victim
whose perpetrator was a ---• Citizen or lawful permanent
resident spouse; • Citizen or lawful permanent
resident parent; or• Over 21-year-old citizen
child
NIWAP, American University Washington College of Law10
NIWAP, American University Washington College of Law
Judge Collins: how might identifying
that a victim is eligible to self-
petition impact a state family court
case?
11
VAWA Self-Petition Types• Created, Amended, and Improved by VAWA
– Battered Spouse Waiver (1990)– VAWA Self-Petition
• Abused Spouses/Former spouses (1994, 2000)• Abused Children (1994)• Abused Parents (2005)
– VAWA Cuban Adjustment Act (2000)– VAWA Haitian Refugee Immigration Fairness
Act (HRIFA) (2000)– VAWA Nicaraguan and Central American Relief
Act (NACARA) (2000)
NIWAP, American University Washington College of Law 12
Why VAWA Self-Petitioning Was
Created
NIWAP, American University Washington College of Law 13
• Spouses and Parents – Control over the immigration status of – Immigration spouse and children
• Citizen or permanent resident controls– Whether to file– When to file – Whether immigrant family member can attain
or keep legal immigration status
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Dependence On Spouse/Parent For Legal Immigration Status
• Exacerbates:– Likelihood of domestic violence– Severity of the violence – Isolation of the victim from help
• Power and control over immigration status keeps victims from– Seeking help– Getting protection orders– Calling police and working with prosecutors
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• Provide a battered spouses access to immigration relief they were already entitled to
• Stop abuser/perpetrator use of immigration law as a weapon
• Sever abuser/ perpetrator’s control over:– Criminal justice system intervention– Victim and children
• Provide survivors access to justice, services, help, healing, safety, and economic security
NIWAP, American University Washington College of Law 16
• Refusal to file immigration papers on spouse/child/parent’s behalf
• Threats or taking steps to withdraw an immigration case filed on the survivor’s behalf
• Forcing survivor to work with false documents• Hiding notices to appear in immigration court• Threats/calls/attempts to report victim for
immigration enforcement and deportation• Calls to DHS to interfere in victim’s immigration case• Raising immigration in family court to win custody
NIWAP, American University Washington College of Law 17
Research Leading to Creation of VAWA Self-Petition
• Connection between abuse & power and control over immigration status
• Abuse rates among immigrant women – Lifetime as high as 49.8%– Married to citizens or lawful permanent residents –
50.8%– U.S. citizen spouse/former spouse abuse rate rises to
59.5%
• Almost three times the national averageHass, G. A., Ammar, N., Orloff, L. (2006). Battered Immigrants and U.S. Citizen Spouses
NIWAP, American University Washington College of Law 18
Coercive Control Over Immigration Status
• Among abusive spouses who could have filed legal immigration papers for survivors:– 72.3% never file immigration papers– The 27.7% who did file had a mean delay of 3.97
years.
• 65% of immigrant survivors report some form of immigration related abuse (NIJ, 2003)
• New York story
*Edna Erez and Nawal Ammar, Violence Against Immigrant Women and Systemic Responses: An Exploratory Study (2003)
NIWAP, American University Washington College of Law 19
Importance of Identifying Immigration Related Abuse
• Immigration Related Abuse– 10 times higher in relationships with
physical/sexual abuse as opposed to psychological abuse
– May predict abuse escalation– Corroborates existence of physical and sexual
abuse
Mary Ann Dutton, Leslye Orloff, and Giselle Hass, Characteristics of Help-Seeking Behaviors, Resources and Service Needs of Battered Immigrant Latinas: Legal and Policy Implications (Summer 2000)
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Protecting Immigrant Mothers, Protects Children
– Immigrant victims who receive help including immigration relief child abuse likelihood drops significantly (77% to 23%).
– Children of help seekers 20% less likely to have abuser threaten them
– One third less likely to have abuser threaten to take them away from their mother
Nawal Ammar, Leslye Orloff, Giselle Hass, Mary Ann Dutton, Children of Battered Immigrant Women: An Assessment of the Cumulative Effects of Violence, Access to Services and Immigrant Status (2004)
NIWAP, American University Washington College of Law
Congress’ Response –The VAWA Self-Petition
• Created provisions for immigrants to “self-petition” to obtain lawful permanent residence, work authorization, and receive protection from deportation:– Without abuser’s sponsorship– If subjected to “battery or extreme cruelty”– By a U.S. citizen or lawful permanent resident
spouse or parent or citizen adult child• VAWA any credible evidence standard
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• After filing high rates of justice system use– Protection orders 47.6%– Calls to police for help 36.2%– Help police/prosecutors in a criminal case
33.4%– Divorce 32%– Child support 26.1%
NIWAP, American University Washington College of Law 23
Krisztina E. Szabo & Leslye E. Orloff, The Central Role of Victim Advocacy for Victim Safety While Victims’ Immigration Cases Are Pending (2014)
Self-Petitioning Basics
NIWAP, American University Washington College of Law 24
• Battered spouse waiver• VAWA self-petitions
– Many elements of proof in common
• Main difference – Whether or not the abuser filed a family based
visa petition
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Battered Spouse Waivers• Original immigration case filed by citizen spouse• Provides for waiver of the “condition” placed immigrant
spouses “green card” for marriages under 2 years• Waives both the joint filing requirement and two year
wait for full lawful permanent resident status• Requires proof that
– Marriage to U.S. citizen or permanent resident entered into in good faith and
– Spouse or child was battered or subjected to extreme cruelty• Child definition includes step-childImmigration and Nationality Act § 216(c)(4)
NIWAP, American University Washington College of Law 26
VAWA Self-Petitioning Requirements• Subjected to battery or extreme cruelty• By a U.S. Citizen or Lawful Permanent Resident
– Spouse/former spouse;– Parent/step-parent; or– U.S. Citizen adult son/daughter (over 21)
• With whom Self-Petitioner resided – No time period required
• Good moral character• Good faith marriage• VAWA cancellation of removal has similar eligibility• Time to formal protection (4-18 months) (2020)
NIWAP, American University Washington College of Law 27
VAWA Self-Petitioning Facts• Victim can “Self-Petition” without the abuser’s
– Help, support, or knowledge about the case
• Information from the abuser cannot be used against the victim
• Can include certain non-citizen family members• Open to victims with and without temporary legal
status• Approved self-petition leads to:
– Work authorization– Protection from deportation – Lawful Permanent Residency
NIWAP, American University Washington College of Law 28
• Spouse: When spouse, their child, or step-child suffered battering or extreme cruelty. • Status of abused child has no effect• Spouse can include under 21 year old unmarried
children/step-children in the application
• Child: When the child has suffered battering or extreme cruelty• Can include parent/step-parent and under 21 year old
children in the application
• Parent: The abused parent(s) of a US citizen over the age of 21• Can include under 21 year old children in the application
NIWAP, American University Washington College of Law 29
POLL 3: How many cases have you had involving a VAWA self-
petitioning eligible survivor?
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A. Fewer than 5B. Between 6 and 15C. Between 16 and 25D. More than 25E. Do not know
Self-Petition: Discussion of Proof Required
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• DHS required to accept any credible evidence submitted in support of the application
• No specific forms of evidence can be required– E.g., police reports, medical records, protection
orders are helpful but NOT required
• DHS decides weight to give the evidence• Must prove each element by preponderance =
51%
NIWAP, American University Washington College of Law 32
Effect of Marriage, Divorce, or Age of a Child
• Must file within 2 years of marriage termination/death
• Bigamy exception • Children abused under age 21 have up to age of 25
to file• Step-children must file before divorce• At least one incident of battering/extreme cruelty
occurred during the marriage– Abusive spouse could have become a U.S. citizen or Lawful
Permanent Resident before or after the abuse
NIWAP, American University Washington College of Law 33
• Abuse happened a long time ago– No statute of limitations
• No criminal or protection order case filed• Victim in removal proceedings• Abuser dies - Must file within 2 years of death
• Abuser is deported or denaturalized – Connected to the battering/extreme cruelty
• Survivor not in the U.S. – Abuse occurred in US, or– Abuse occurred abroad and abuser US government employee
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Battery or Extreme Cruelty
NIWAP, American University Washington College of Law 35
Immigration Law Definition of Domestic Violence = Battering or
Extreme Cruelty• “Battery or Extreme Cruelty”• Includes:
– All forms of abuse covered in state civil protection order statute
– All forms of abuse that constitute domestic violence under states criminal laws
– Forms of abuse that constitute extreme cruelty• No physical harm, crime, attempted crime required
NIWAP, American University Washington College of Law 36
8 C.F.R.§204.2(c)(1). 4; 61 Fed. Reg. 13061 (March 26, 1996
“For the purpose of this chapter, the phrase ‘was battered by or was the subject of extreme cruelty’ includes, but is not limited to. being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.”
NIWAP, American University Washington College of Law 37
8 C.F.R.§204.2(c)(1). 4; 61 Fed. Reg. 13061 (March 26, 1996
“The acts mentioned in this definition-rape, molestation, incest if the victim is a minor and forced prostitution will be regarded as acts of violence whenever they occur. Many other abusive actions may also be qualifying acts of violence under this rule. Acts that in and of themselves do not initially appear violent, may be a part of an overall pattern of violence…”
NIWAP, American University Washington College of Law 38
8 C.F.R.§204.2(c)(1). 4; 61 Fed. Reg. 13061 (March 26, 1996)
“It is not possible to cite all perpetrations that could be acts of violence under certain circumstances. The Service does not wish to mislead a potentially qualified self-petitioner by establishing a partial list that may be subject to misinterpretation. This rule therefore does not itemize abusive acts other than those few particularly egregious examples mentioned in the definition of the phrase “was battered or was subject to extreme cruelty.”
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40NIWAP, American University Washington College of Law
• Correlate strongly with physical & sexual abuse– Isolation– Intimidation– Economic Abuse– Employment Related Abuse– Immigration related abuse
• Threats to kill or cause bodily harm• Threats to harm children or family members• Threats to take away money
Factors That Can Constitute Extreme Cruelty
NIWAP, American University Washington College of Law 41
• Emotional abuse• Economic abuse• Sexual abuse• Coercive control• Deportation threats• Immigration related
abuse
• Financial exploitation• Abuse at work
• Intimidation• Abandonment• Social isolation• Degradation• Possessiveness• Threats to harm• Harming pets• Caregiver neglect
NIWAP, American University Washington College of Law 42
• Abusive acts or Treatment that are Part of a Pattern of Coercive Control Process
• Defined by National Institute of Justice research to include:– Setting the Stage– Coercive Demand– Credible Threat– Surveillance– Delivery of threatened consequences
NIWAP, American University Washington College of Law 43
• Social isolation• Religious persecution• Monitoring phone and internet
use • Monitoring/controlling
movement, whereabouts• Social media control • Showing up at victim’s
work/school• Restricting what spouse eats• Cutting off access to medication
• Sleep deprivation• Threats of deportation• Abuse in front of the children• Threatening to take away the
children• Using children as a tool• Threatening physical violence• Displaying weapons • Stealing spouse’s sentimental
property, money, documents• Threats to commit suicide• Having spouse committed
NIWAP, American University Washington College of Law 44
• Self-petitioner’s declaration
• Others’ declarations (family, neighbors, friends, faith communities, workplace, school)
• Domestic abuse service providers (shelters, crisis lines, support groups)
• Protection orders• Criminal court records
• E-mails, notes, letters, voicemails
• Photos: injuries, broken windows, furniture
• Medical records (injuries, scars, PTSD, migraines, insomnia)
• Vet records• Counselors (marriage,
religious, mental health)• Police reports
NIWAP, American University Washington College of Law 45
• U.S. Citizen– Birth certificate– Passport– Naturalization certificate– Baptismal record– School record– Affidavits– “A” number if naturalized
• Lawful Permanent Resident – Copy of resident card (I-
551), front and back– Copy of passport or I-94
with “temporary proof of resident status” stamp
– Immigration correspondence or notice
– “A” immigration case #
NIWAP, American University Washington College of Law 46
• Standard of proof: At the time of entering into the marriage, the couple intended to establish a life together?
NIWAP, American University Washington College of Law 47
NIWAP, American University Washington College of Law 48
Poll 5: What are examples of proof
of good faith marriage?
A. ChildrenB. Battering or extreme crueltyC. Love lettersD. All of the above
• Children• The battering and/or extreme cruelty• Coercive control• Residence with the abuser• Evidence about:
– How the parties met– How the relationship developed– Burden of higher for shorter marriages
• No need for ongoing documentation from the time of marriage to – Time of separation or present date
NIWAP, American University Washington College of Law 49
• Dissolution of prior marriages• Evidence of formal marriage• Evidence of common law marriage
– Only if common law marriage occurred in CO, IA, KS, MT, NH, SC, TA, UT, or DC
– Could have later moved to another state
NIWAP, American University Washington College of Law 50
• Must have resided together during the marriage
• No specific amount of time required• Could have lived together inside or outside
of the US• No requirement that survivor currently
lives with abuser
NIWAP, American University Washington College of Law 51
• Lease or rental agreements• Utility or other bills• Children’s school or medical records• Letters to both spouses, or to each spouse if the
letters show the same address at the same time • Other documents listing self-petitioner and
abuser at same address at the same time• Declarations from landlords, neighbors, and
friends
NIWAP, American University Washington College of Law 52
NIWAP, American University Washington College of Law
Judge Collins: How could family
courts assist in providing evidence of:
• Legal marriage• Good faith marriage• Residence together
53
Good Moral Character Requirement• Must demonstrate that applicant is a person of
“Good Moral Character”
• USCIS looks at the past 3 years
Can be shown by police clearance letter
• Generally means the applicant follows the law
• Can also show positive contributions to her family and community
• There are exceptions – Waivers
NIWAP, American University Washington College of Law 54
Benefits of VAWA Protections• Deportation: Protection from deportation shortly after filing• VAWA Confidentiality: protections against the release of
information and reliance on abuser provided information• Public Benefits: As qualified immigrants (≈3 months), may
qualify for additional state funded benefits – See Public Benefits Map
• Employment Authorization/Drivers’ License: – Citizen abuser (≈ 6 months); – Lawful permanent resident abuser (≈ 18 months)
• Lawful Permanent Residency (If admissible):– Citizen perpetrator apply upon approval (1 year)– Lawful permanent resident perpetrator (≈ 5+ years-depends
on when a visa is available)
NIWAP, American University Washington College of Law 55
NIWAP, American University Washington College of Law56
NIWAP, American University Washington College of Law 57
Other Types of VAWA Self-Petitions
NIWAP, American University Washington College of Law 58
VAWA Suspension of Deportation and VAWA Cancellation of Removal
• The immigrant (their child or step-child) was battered or subjected to extreme cruelty by
• A citizen or lawful permanent resident spouse, parent or step-parent
• Good moral character (connection to abuse exception)• Extreme Hardship to immigrant or the immigrant’s
child or child immigrant’s parent if immigrant is returned to their home country
• Three years physical presence in the U.S.• Not inadmissible
NIWAP, American University Washington College of Law 59
VAWA Suspension of Deportation and VAWA Cancellation of Removal
• Relationship to abusive party (broader than self-petition)– Parent of a child abused by the child’s other parent who is a citizen or
lawful permanent resident even when no marriage– More than 2 years have passed since
• Divorce from the abuser• Death of the abusive spouse or parent
– Abused step-child can file after divorce– Victims of child abuse who were abused under age 21 and did
not file before age 25 or who never resided with their abuser
• Country of origin of the victim and of the abuser not a factor• VAWA suspension of deportation applicants in removal
proceedings before 4/1/97 = VAWA NACARA
NIWAP, American University Washington College of Law 60
Poll 6: Raise your hand if you have worked with victims whose abusive spouse or parents have be in the U.S. since before
12/31/90 and were from any of the following ---
– Guatemala– El Salvador– Former Soviet
Block Countries
NIWAP, American University Washington College of Law61
VAWA NACARA• NACARA = Nicaraguan Adjustment and Central
American Relief Act • Offered protection to certain applicants and their
spouses and children who were– El Salvadorans– Guatemalans– Eastern Europeans
• VAWA NACARA two forms of relief for spouses and children who were battered or subjected to extreme cruelty– NACARA 203 applications still accepted (Can include
protections for children and spouses) – NACARA 202 application deadline June 5, 2007
NIWAP, American University Washington College of Law 62
VAWA NACARA Victims: Battered or Subject to Extreme Cruelty by a Spouse, Parents, Step-Parent who --
• Is an El Salvadoran who:– Filed for asylum before 4/1/90, or– Entered the U.S. before 9/20/90 and who registered for ABA
or applied for Temporary Protected Status (TPS) on or before 10/31/91
• Is a Guatemalan who: – Filed for asylum before 4/1/90, or– Entered the U.S. before 10/2/90 and who registered for ABA
or applied for Temporary Protected Status (TPS) on or before 12/31/91.
• Must meet specific additional requirements• Spouses and children receive relief too if included in
application
NIWAP, American University Washington College of Law 63
VAWA NACARA Victims: Battered or Subject to Extreme Cruelty by a Spouse, Parents, Step-Parent who --
• Is an Eastern European who entered the U.S. on or before 12/31/90 and filed for asylum by 12/31/91
• Applicable countries: • Soviet Union (or any republic of the former Soviet
Union), Russia, Latvia, Lithuania, Estonia, Albania, Bulgaria, Czechoslovakia, East Germany, Hungary, Poland, Romania, or Yugoslavia (or any state of the former Yugoslavia)
• Must meet specific additional requirements• Spouses and children receive relief too if included in
application
NIWAP, American University Washington College of Law 64
Additional Requirements Abusive Spouse/Parents Must Meet:
• Not apprehended during entry into US after 12/19/90
• 7 years continuous presence in US• Good moral character during time in US• Admissible & not convicted of aggravated felony• Extreme hardship to self or their spouse, child,
or parent who is a citizen or lawful permanent resident; and
• Deserving of suspension or cancellation relief
NIWAP, American University Washington College of Law 65
VAWA NACARA: Can Directly Apply and Prove--
• Battered or subjected to extreme cruelty – by NACARA 203 eligible spouse, parent or step-
parent
• No requirement to be residing in the U.S. with abusive spouse/parent/step-parent
• Both prior and current marriages or parent/child relationships qualify
NIWAP, American University Washington College of Law 66
VAWA NACARA: Time Frame for Marriage or Parent/Child Relationship
• When abusive spouse/parent NACARA 203 applicant– Was granted (or filed application) for suspension of
deportation or cancellation of removal– Registered for ABC benefits– Filed for Temporary Protective Status– Applied for asylum– Was granted suspension of deportation or
cancellation of removal
NIWAP, American University Washington College of Law 67
Poll 7: Raise your hand if you have worked with victims whose abusive
spouse or parent was Cuban?
NIWAP, American University Washington College of Law 68
VAWA Cuban Adjustment Act Abused Spouse or Child Eligibility
• Battered or subject to extreme cruelty by a Cuban Adjustment Act eligible Cuban spouse, parent or step-parent who – Was admitted or paroled into the U.S. – Was physically present in the U.S. for one
year, and– Filed for or obtained lawful permanent
residency
NIWAP, American University Washington College of Law 69
VAWA Cuban Adjustment Act Special Eligibility Rules for Abused Spouse or Child
• Abused spouse, child or step-child can self-petition for lawful permanent residency– At the same time or after the abusive Cuban
spouse/parent gains lawful permanent residency
• Exemptions that apply– Without currently residing with abuser– Can file within two years of
• Cuban spouse, parent, step-parent’s death• Termination of marriage that was connected to the
abuse and for some period lived with abusive Cuban spouse
NIWAP, American University Washington College of Law 70
Poll 8: Raise your hand if you have worked with Haitian victims whose
abusive Haitian spouse or parent had been in the U.S. since at least
12/31/95?
NIWAP, American University Washington College of Law 71
VAWA Haitian Refugee Immigration Fairness Act (HRIFA) Self Petitioner
• VAWA HRIFA self-petitioner is a Haitian national • Who was battered or subject to extreme cruelty
by a spouse, parent, step-parent who is a Haitian national who was eligible to apply for HRIFA
• Must prove a marriage or parent-child relationship
• The abused spouse, child, or step-child’s – Marriage or parent-child relationship could have
been formed after 3/31/2000
NIWAP, American University Washington College of Law 72
Abusive HRIFA Eligible Spouse, Parent, or Step-Parent Must Have Been--
• Present in the U.S. on 12/31/95 • Paroled into U.S. or filed for Asylum before 12/31/95,
or an under 21 year old child on 12/31/95 who was– parentless at the time of arrival and remained parentless– Orphaned after arrival– Abandoned by parents before 4/1/98 and remained
abandoned
• Continuously present in U.S. and filed or eligible to file for lawful permanent residency under HRIFA between 6/11/99 and 3/31/00
NIWAP, American University Washington College of Law 73
VAWA HRIFA Abuser Need Not Have Filed
• Eligible whether or not the abusive Haitian spouse, parent or step-parent– Filed by the 3/31/2000 deadline – Ever became a lawful permanent resident– Included the abused spouse, child or step-child as a
dependent in any application that the abusive Haitian filed
• There is no application deadline for VAWA
HRIFA applications
NIWAP, American University Washington College of Law 74
NIWAP, American University Washington College of Law 75
Poll 9: The abuser and the victim must come from the same country to
qualify for --
A. VAWA cancellation/suspension B. VAWA Cuban AdjustmentC. VAWA HRIFA D. VAWA NACARA
Best Practices VAWA Cubans, NACARA, and HRIFA
• Screen for victims with open removal cases• Use training tools to screen for victims
from eligible countries– http://niwaplibrary.wcl.american.edu/vawa-
comparison-interlineated-statutes-ncara-hrifa-caa
• Refer victims to a trained attorney– Call NIWAP for technical assistance– Use the NIWAP Directory
www.directory.niwap.org
NIWAP, American University Washington College of Law 76
Resources, Training and Technical Assistance
NIWAP, American University Washington College of Law 77
Community of PracticeAdvocate Outreach
Opportunity for Victim Advocates/Victim Witness Staff
• One-hour interactive convenings where advocates will learn best practices from colleagues and other subject matter experts
• Access to a password-protected website with additional materials only for COP members
• Register here: https://www.surveymonkey.com/r/BBHR3X3
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Community of Practice for Opportunity for Family Law Attorneys
• Monthly peer engagement to share best practices, experiences, and strategies on how to better represent immigrant survivors in family court cases.
• Led by NIWAP’s expert faculty and partners• Password-protected website with additional materials
only for COP members• Register here:
https://www.surveymonkey.com/r/TVGDCCV
NIWAP, American University Washington College of Law 08/06/2014 … 79
Training Materials and Tools• Recording of this webinar and materials
http://niwaplibrary.wcl.american.edu/2020-vawa-self-petition-webinar
• Materials include: – All VAWA self-petitioning related government
publications– Screening tools, evidence lists, VAWA self-
petitioning materials for victim advocates and attorneys and legislative history
– On-line trainings
NIWAP, American University Washington College of Law 80
• Contact NIWAP for free technical assistance–Call: 202-274-4457–Email: [email protected]
• Materials library: http://niwaplibrary.wcl.american.edu–Contains over 2,000 free resources related to
immigrant crime victims
• Subscribe to NIWAP’s newsletter:
NIWAP, American University Washington College of Law 81
https://secure.campaigner.com/CSB/Public/Form.aspx?fid=1682905&ac=fohe
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