Jan 11, 2016
About Her Justice
Mission
Her Justice engages the vast talent and resources of New York City’s law firms, bringing together committed lawyers and determined women to secure life-changing results.
Women in crisis can’t wait
Vital Legal Protections:
Safety of women and their children
Poverty and homelessness
Transforming lives
Family, matrimonial, and immigration issues
Take back control and rebuild
Ongoing representation of over 7,000 women and children last year
Who we serve
Low-income women who reside in NYC
85% of our clients are domestic violence survivors
69% are mothers
52% are Latina, 25% are African-American, and 14% are Asian or a member of another minority group
1 out of every 4 women we serve cannot access the legal system without an interpreter
Immigration Remedies for Survivors of Elder Abuse
Family-based sponsorship petitions
VAWA Self-Petitions
U Nonimmigrant Status
Asylum
Temporary Protected Status
Administrative Relief
Possible Immigration Remedies (not exhaustive):
Overview
NONIMMIGRANTSTATUS
Temporary
IMMIGRANTSTATUS (“Green
Card”)
Permanent but revocable
Adjustmentof Status
(LPR Status)
Two waysto enter CitizenWith
inspectionEntry
Without inspection
Administrative structure
Department of Homeland Security (DHS)
Customs & BorderProtection (CBP)
Citizen & ImmigrationServices (CIS)
Immigration & CustomsEnforcement (ICE)
2-step administrative filing for getting LPR status in family-based immigration process
“Regular” family sponsorship process
Step 1: Establish valid parental relationship (biological, step-parent or adoptive parent) with USC who is over 21 years of age:
Form I-130, Petition for Alien Relative
Petition of sponsor
“Regular” family sponsorship process
Step 2: Establish eligibility for immigrant visa/LPR status through:
Eligible for naturalization in 5 years
Form I-485, Application for Adjustment of Status – if applicant in U.S.
Application of alien relative, requiring:
● Sponsor’s affidavit of support
● Interview
Form DS-260 for consular processing – if applicant abroad
Why VAWA relief is needed
Regular family-sponsorship process controlled by USC
Dangerous dynamic in relationships dominated by domestic violence/ abuse
Pattern of abusive and threatening behavior used by one person to gain or maintain power and control over family member
Why VAWA relief is needed
VAWA modified family process to remove abusive USC child from position of control over immigration status of parent
Safeguards confidentiality
Provides for work authorization (economic independence)
VAWA Self-Petitions Benefits
Creates pathway to permanent status without abusive child
Provides eligibility for work authorization
Removes abuser from process
Creates confidentiality
Who can benefit from VAWA Self-Petition?
Spouse of abusive USC or Lawful Permanent Resident
Unmarried child of abusive USC or Lawful Permanent Resident
Parent of abusive USC
Petitioner bears the burden of proof (preponderance of the evidence) through any credible, relevant evidence
Elements of a VAWA self-petition for survivors of elder
abuse
Qualifying relationship: Parent of child age 21 or over
Relationship must be in existence at time of abuse and at the time of filing (death, legal separation, or divorce at time of abuse/ time of filing terminates the legal relationship unless petitioner can prove an ongoing factual relationship)
2 year grace period in cases of death of child
If step-parent, child must have been younger than 18 at time of marriage creating step-parent relationship
Elements of a VAWA self-petition for survivors of elder
abuse (continued) Status of son or daughter: US Citizen
Joint residence with child: current or past
Battery/ Extreme Cruelty: by the US Citizen son or daughter
Good moral character
Proving qualifying abuse
Acts of physical abuse
Threatened acts of violence against victim or family members
Forceful detention causing physical or mental injury
Social isolation
Economic abuse
Psychological abuse
Verbal abuse, denigration
Threats
Physical battery Extreme cruelty
File appropriate forms and supporting documents with USCIS via U.S. mail
Respond to any requests for further evidence
Deferred action
Attend non-adversarial adjustment interview with client
Receive decision
Attend Interview (no court appearances)
VAWA Self-Petition:Process
• Can a self-petitioning VAWA parent confer benefits on other children?
• No. Self-petitioning parents are not eligible to confer derivative benefits.
• Will a self-petitioning VAWA parent be able to receive work authorization?
• Yes. All self-petitioners with approved self-petitions are eligible for work authorization regardless of age.
What is U nonimmigrant status?
Temporary: valid for 4 years
Allows non-citizen victims of crime to:
● Stay in the U.S.
● Obtain employment authorization
● Help certain family members (derivatives) obtain lawful status
● Apply for lawful permanent resident status
Benefits and limitations
Eligible to adjust status to permanent resident after 3 years of continuous presence
Work authorization
Family reunification
Cannot petition for perpetrator of crime
Overseas travel problematic
Statutory cap
Deferred action while on waitlist
Benefits Limitations
Deferred action: benefits
Available to any alien who:
Was a victim of a qualifying crime violating the laws of the U.S. or occurring within the U.S.;
Cooperated with law enforcement to investigate or prosecute the qualifying crime;
Suffered substantial physical or mental abuse as a result of such crime; and
Is not “inadmissible”
U Nonimmigrant Status: Eligibility
Domestic violence
Nature, scope, and cumulative effect
Trafficking: sex, labor
Sexual assault, contact, or exploitation
Felony assault, manslaughter, murder
Kidnapping
Attempts, conspiracy, solicitation to commit a qualifying crime
Any similar activity in violation of federal, state, or local criminal law
What is qualifying criminal activity?
Possesses credible and
reliable information about qualifying crime
Information and helpfulness
+
Helpfulness in investigation or prosecution
+
Signed original Form I-918B,
Law Enforcement Certification
Issuance discretionary
Valid only for 6 months from date signed
Letter of designation of authority
Knowledge of specific facts that would assist in investigation or prosecution of crime
No unreasonable refusal to cooperate
Mere detection of crime can be sufficient
U Nonimmigrant Status:Derivative Status for Family Members
Principal petitioner is 20 or under
Spouse
Children
Parents
Unmarried siblings under 18
Principal petitioner is 21 and over
Spouse
Children
What is “asylum?
•Refers to people seeking protection from the United States because of past persecution or fear of future persecution in their home country due to:
• Race• Religion• Nationality• Membership in a particular social group• Political opinion
• In general, must file within one year of arrival to the United States
• May include spouse or unmarried children under 21 in application
• May be granted employment authorization• Leads to permanent immigration status (lawful permanent
resident status or “green card”)
What is Temporary Protected Status (“TPS”)?
•The United States government designates protection for citizens of certain countries that are unable to safely handle the return of their citizens due to:
• Ongoing armed conflict (e.g., Syria, Sudan, Somalia)• Environmental disaster (e.g., Haiti, Honduras)• Other extraordinary and temporary conditions (e.g., Sierra
Leone, Guinea)
• During the designated period of time, individuals who are TPS beneficiaries are:
• Not removable from the U.S.• Can obtain an employment authorization document (EAD)• May be granted travel authorization
• Individuals must apply for TPS and there are specific criteria/ timing
• TPS does not lead to permanent legal status
What is Administrative Relief?
•“Deferred Action”: a type of prosecutorial discretion that will not result in any permanent immigration status.
• Allows certain individuals to remain in the U.S., be protected from deportation and obtain employment authorization.
• Deferred Action for Parental Accountability (“DAPA”): • As of November 20, 2014, • Has a son or daughter of any age, who is a US citizen or lawful
permanent resident,• Individual was present in the U.S. before January 1, 2010, and
• Individuals must not present any criminal issues that would
make them a priority for removal from the U.S.
• This relief does not exist yet. • Federal court injunction is in place until further notice.
Questions?
Thank you!