ESTELA, 56, was treated at a medical center in Daly City, California for serious injuries. She suffered several injuries on her body and had a big bruise on her forehead. When asked by the medical staff what caused her injuries, she said that she had an argument with her husband and she was physically assaulted. Estela was treated for her injuries and when she was about to be released from the hospital, she was prevented from leaving until she spoke to the police officers.

Having obtained her green card through her US citizen husband, Estela feels beholden to the latter. She denied all her allegations of abuse to the police officers and said that her injuries resulted from an accidental bump on a door. Her story did not seem credible but the police officers were unable to have her admit that her husband physically abused her. Estela left the hospital and returned to her husband.

Every day Estela suffers abuse from her husband but is putting up with him because she is still waiting for her two daughters to migrate to the US. Her daughters were also petitioned as stepchildren by her husband.

Visa options of victims

Women who are victims of domestic violence are provided options under US immigration law to self petition for their own immigrant visa. As soon as the abused spouse obtains the visa, she then can petition for her own children and in limited cases the children may also be petitioned as derivative beneficiaries.

Under the Violence Against Women Act (VAWA), the victim of spousal abuse herself may act independently of the abusive spouse and is allowed to file her own petition for an immigrant visa. Aside from the VAWA protections, a victim of the crime of domestic violence, sexual assault, and trafficking may apply for the “T” or “U” visas.

Victims of domestic violence and other crimes should no longer suffer in silence.

Abuses on women workers

A significant number of women immigrants have been suffering in silence not just in their domestic environment but also at work just to be able to get immigrant visas for themselves and their families. In the workplace are thousands of Filipino “caregivers” working in various health care facilities.

The majority of these health care workers are in the process of being petitioned by their US employers. Considering that the applications for labor certification and immigrant visa for unskilled workers entails lengthy processes, those being petitioned sometimes have to sacrifice working in facilities under substandard conditions and accepting low wages.

In very recent operations by the Immigration and Customs Enforcement, several raids were conducted in care home facilities and many have been taken into custody. The raid did not just target the undocumented workers but also the owners and operators for hiring illegal aliens.

Women comprise most of the health care industry and most of these women are mothers whose only hope is for their green cards to be issued and for their family members to migrate with them. In the meantime, they sacrifice a lot to send monthly remittances to their family members in the hope that their children complete their education and have a better future.

Visa a precious commodity

Abuses by US employers and spouses should never be tolerated. The story of Estela is a classic example of “martyrdom.” After encouraging Estela to obtain alternative options to avoid abuses by her husband, she remained steadfast in her decision not to pursue any of the options I discussed with her.

She claims that her life is no longer hers and that she is willing to sacrifice and bear all the pain so that her children may eventually immigrate to the US. This may be difficult to understand. Hence, children petitioned by their mothers, who are waiting for their petitions to be processed for immigrant visas, must realize that to your petitioning mother, the visa is not just a piece of document. It is an embodiment of your mother’s joy, unfailing love and sacrifices.

Tancinco may be reached at law@tancinco.com or at 02-887-7177