Introduction to Helping
Immigrant Survivors Get
Secure Status:
U Visas and VAWA
Gail Pendleton
Co-Director
ASISTA Immigration Assistance
Goals
 Identify who you can help
 Identify what you can do
 Identify who you will work with (or need to work
with)
Ancestor Exercise
 How did your ancestors get to the US?
 What were their goals & aspirations?
 What barriers did they experience to full
participation in society?
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A Few Immigration
Concepts
 Immigrants & Nonimmigrants
 Lawful permanent residents (“green card holders”)
 Conditional permanent residents
 Change of status vs. adjustment of status
 “Noncitizens”
 Citizens
 Acquisition, derivation, naturalization
 Who is Undocumented?
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How our Immigration System Works
 DHS: Department of Homeland Security
 CIS: Citizenship & Immigration Services
 ICE: Immigration & Customs Enforcement
 CBP: Customs & Border Protection
 DOJ: Department of Justice
 EOIR: Executive Office for Immigration Review
 BIA: Board of Immigration Appeals
 DOS: Department of State
 U.S. Consulates abroad
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What You Do Already
 Who has done some work with immigrants?
 What did you do to help them with status?
 Why was that helpful?
Warnings for Clients
 Warn about travel risks: ALWAYS check with
immigration expert before leaving US
 No valid travel document
 “Inadmissibility” triggers
 Expedited removal at border/port of entry
 Same as full-fledged removal hearing with same
consequences
 Barred from entering/getting status/consequences if reenter
 Entering without permission consequences
 Criminal charges
 Bars to lawful permanent residence
 Immediate removal (if already removed)
False Claims to USC
 Warm about false claims to citizenship in any
context




Deportation
No lawful permanent residence
Criminal charges
U visa waiver may be only option
Check for other options
 Did your spouse file anything for you?
 Is one of your parents a USC or LPR?
 Are you currently married to a USC or LPR?
 Why are you asking these questions?
Family-Based Immigration
Prove Relationship
File for Lawful Permanent Residence
Preference system
Adjustment v. consular processing
Work authorization
Children = “derivatives”

Child = unmarried & under 21
Two ways to obtain a
green card:
 adjustment of status in the U.S.
 VAWA self-petitioners do not
have to leave the country
 consular processing outside of the
U.S.
VAWA Self-Petitioning
Any Credible Evidence

Domestic violence
 “battery/extreme cruelty”

By US citizen or lawful permanent resident

Who is or was spouse or parent

Police clearances
 For good moral character

How can you help show these things?
What advocates can do
 Help her with her story
 Who is in best position for this? Why?
 Help her get documents from the system
 What can you do to help?
 Provide corroboration
 Ask the family court to help
What You Get
 Work authorization
 Access to some public benefits
 Lawful permanent residence
 Children can ride along (“derivatives”)
Who Isn’t Covered?
VAWA Self-Petitioning does
NOT help
 Abuser is not US citizen/lawful permanent resident
 Lost status more than 2 years ago
 Not a spouse/parent
 divorced more than two years
 Not DV, but SA or some other crime
U Visa Purpose
 Strengthen
investigation and
prosecution
 Protect victims of
crime
U Visa Eligibility
Requirements
 Victim of qualifying criminal activity;
 Possesses information about that crime;
 Helpful to law enforcement
 Substantial physical or mental abuse from crime;
 Admissible to US or merits waiver
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U visa evidence
 Any credible evidence
 Key = certification from state, local or federal police,
prosecutor, judge, or other agency that
Crimes list
 Torture
 Being held hostage
 Rape
 Peonage
 Trafficking
 Involuntary servitude
 Incest
 Slave trade
 Domestic violence
 Kidnapping
 Sexual assault
 Abduction
 Prostitution
 False Imprisonment
 FGM
More crimes
 Obstruction of justice
 Blackmail
 Perjury or
 Extortion
 Manslaughter
 Murder
 Felonious assault
 Witness tampering
 Attempt, conspiracy or
solicitation
 Any “similar” crime
Also show
 Substantial mental or physical abuse
 What can YOU do?
EVIDENCE
 Any credible evidence
 Critical evidence
 Applicant’s declaration
 Corroborative evidence
 Systems documentation: Protection order, medical
records, police reports
 Expert declarations: shelter workers, battered women’
advocates, persons providing mental health treatment
(not just assessment)
 Family court findings re: domestic violence, legal
marriage, abuser’s immigration status
What Us get
Work authorization
Four years of visa
Can apply for green card after 3 years
Done by same unit that does U
Action Plan
 Who can you help?
 What can you do?
 Who else needs to know this?
Resources
Gail Pendleton
Gailpendleton@comcast.net
Immigration TA (Asista Project)
www.asistahelp.org
 questions@asistahelp.org
DV/SA/Trafficking Resources (FVPF)
www.endabuse.org, immigrant women
Family law, public benefits (IWP of LM)
www.legalmomentum.org, immigrant women’s project