Newsletter - July/August 2003

DOMESTIC VIOLENCE & IMMIGRANTS

Victims of domestic violence may have several methods to obtain legal status in the United States.  “Domestic violence” includes physical, emotional and psychological abuse ; victims may be men or women.    Applicants may be eligible for work permits and/or public benefits during the application process. The types of relief available are as follows:

1. I-360 Self-Petition: Green card for victims (and their children/parents) married to and abused by a permanent resident (“LPR”)or U.S. citizen.
2. Battered Spouse Cancellation of Removal: Green card for those victims (and their children/parents) married to and abused by an LPR or U.S. citizen.  Requires 3 years’ physical presence in the U.S. and a showing of extreme hardship.
3. “U” visa: Temporary visa for victims who suffered substantial physical or mental abuse from certain crimes.  The victim must cooperate in a criminal investigation or prosecution of the perpetrator.  After three years, the visa-holder may apply for a green card.
4. “T” visa: Temporary visa for victims of “severe forms” of human trafficking.  Must cooperate in investigation or be under the age of fifteen, and must show extreme hardship.  After 3 years, the visa-holder may apply for a green card.
5. Asylum: Green card for victim of domestic violence in another country.  This avenue is not well-established under law, and is subject to a wide variety of interpretation.
6. I-360 Self-Petition for Conditional Residents: Allows the conditional resident to apply for a permanent green card without the cooperation of the battering spouse.

If You Need Assistance please contact the office in a manner that ensures your safety.  We abide by strict confidentiality to our clients, and will not communicate information about your case to the batterer or any other person, and will not leave you phone messages if instructed.

People Who Commit Domestic Violence face special immigration problems.  A crime does not need the official label “domestic violence” to carry immigration consequences, nor is a “conviction” necessary.  Commission of domestic violence may bar a person from obtaining a green card, affect discretionary immigration decisions, prevent naturalization, and a conviction could strip a permanent resident of his/her lawful status; all of the above could result in deportation/removal.

If You have Committed Domestic Violence and need immigration assistance, it is imperative you have the help of an attorney.  We maintain strict confidentiality and will not release your information to any unauthorized persons, including family members.

For More Information:

  •   INS: www.immigration.gov/graphics/index.htm  (“How Do I . . .?”)
  •   Center for Gender and Refugee Studies: www.uchastings/edu/cgrs
  •   National Immigration Project: www.nationalimmigrationproject.org
  •   L.A. area shelters: www.sccbw.org/pdf/Hotline_List.pdf

Also, please see our website for more information

NOTE: For the past 7 years, Ms. Hill has volunteered her time at Sojourn Services in Santa Monica, giving legal advice to battered women.

RECENT SUCCESSES

In two cases, a Judge wrongly found our clients untruthful and denied asylum.  On appeal, we filed detailed briefs and won asylum for both our clients:

• Ms. Marie Hakobian of Glendale, California won asylum on appeal after we established that she and her family were persecuted in Armenia.
• A Chinese gentleman, who wishes to withhold his name, was granted asylum on appeal after we were able to prove that he was persecuted in China because of his Christian religion.

We also won a major appeal in federal Court for Eshghan Khodagholian of Glendale.  Our client had been accused of abandoning his green card.  We were able to establish that although he was outside the United States for a year and a half, his green card should not be taken away.

Details will be posted on our website