Transcript TITLE

Building Collaborations to Help
Immigrant Survivors of Domestic
Violence, Sexual Assault &
Trafficking
Gail Pendleton, ASISTA
Maria Alvarenga-Watkins,
Retired Captain, DC Police
Goals
Identify who you can help
Identify what you can do
Identify who you will work with (or
need to work with)
A Few Immigration Concepts
Immigrants & Nonimmigrants
Immigrating family members
“Noncitizens”
Who is Undocumented?
Questions
Is being undocumented a crime?
Can undocumented apply to work?
Can undocumented apply to be US
citizens?
Who can apply for Lawful Permanent
Residence (green card)?
How Immigration System Works
DHS: Department of Homeland Security
CIS: Citizenship and Immigration Services
Administrative applications for “benefits”
ICE: Immigration and Customs Enforcement
Investigation/Enforcement inside US
Detention & removal
CBP: Customs and Border Protection
Enforcement coming into US
Airports, border, 100 miles inside border
EOIR: Executive Office for Immigration Review
Realities
Language & accessibility
Information/misinformation
Potential for deportation
Experience in the home country
Economic barriers
Cultural and religious pressure
What Congress Has Done
Access to public benefits
Access to legal services
Access to services (LEP)
Special routes to immigration status
Special Options
Special Immigrant Juveniles
Conditional Residence Waiver
Self-petitioning & Cancellation
U & T Visas
Self-petitioning for parents of US
citizens
Work authorization for nonimmigrant
spouses
U Visa Crimes
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Rape
Torture
Trafficking
Incest
Domestic violence
Sexual assault
Abusive sexual contact
Prostitution
Sexual exploitation
Female genital mutilation
Being held hostage
Peonage
Involuntary servitude
Slave trade
Kidnapping
Abduction
Unlawful criminal restraint
False imprisonment
Blackmail
Extortion
Manslaughter
Murder
Felonious assault
Witness tampering
Obstruction of justice
Perjury
or attempt, conspiracy, or
solicitation, to commit any of
the above mentioned crimes
Who can certify?
Police officers
Prosecutor
Judge
DHS Officer
State or Federal Agency Employee
U Visa Purpose
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Strengthen
investigation and
prosecution
Protect victims of
crime
What you are not doing by signing
You are NOT issuing a
U-Visa by signing
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You do NOT determine
substantial abuse
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USCIS issues U-Visas,
not us.
USCIS determines
substantial abuse
This is only one small
part of a larger
application.
What we determine: One of Three
A Person has
been a victim of
qualifying criminal
activity
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Victims can be direct
(proximately harmed by
the activity)
Victims can be “indirect”
(e.g. can be spouse,
children under 21)
What we determine: Two of three
The Victim
possesses
information about
the qualifying
criminal activity:
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Knowledge of facts or
details concerning the
criminal activity that
would assist in the
investigation or
prosecution of that
activity.
What we determine: Three of three
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The Victim has been, is being or is likely to
be helpful to the investigation and/or
prosecution of the qualifying criminal
activity.
What is Cooperation?
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Cooperation can be
defined many ways.
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A phone call?
Providing pictures?
Enough to write a
report?
Enough to make a case?
Case does not need to
be filed.
By signing you are NOT:
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Guaranteeing the issuance of a U-Visa
Guaranteeing that the person issued the U-Visa or
their family will become permanent legal residents of
the US
Issuing a statement or commentary on immigration.
By signing you are not:
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Issue U-Visas
Make findings of substantial abuse
Make findings of “National Interest”
Sponsor someone’s citizenship
Ensuring legal permanent residence
Advocate & Attorney Roles
“Substantial physical or mental abuse” from
criminal activity
Applicant’s statement
Form for applicant (Form I-918)
Form for family members (Form I-918A)
Identifying “inadmissibility”
Waiver for inadmissibility
Substantial Abuse
Impairment of emotional or psychological
soundness
Substantial factors include:
the nature of the injury;
severity of perpetrator’s conduct;
severity of harm suffered;
duration of infliction of harm;
permanent or serious harm to appearance;
health, physical or mental soundness.
aggravation of a victim’s pre-existing
conditions.
What Us get
Work authorization
Four years of visa
Can apply for green card after 3 years
Resources
Gail Pendleton
[email protected]
Immigration TA (Asista Project)
www.asistahelp.org
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[email protected]
DV/SA/Trafficking Resources (FVPF)
www.endabuse.org, immigrant women
Family law, public benefits (IWP of LM)
www.legalmomentum.org, immigrant women’s
project