US law protecting abused migrant wives set to expire
Petitioned spouses who are victims of domestic violence in the United States are allowed to file a self-petition for a green card. Such petitions may be approved as long as it is established that the marriage was entered into in good faith. Sometimes this is difficult to prove in short-lived marriages. Compounding this problem is that sometimes, an abusive partner may intentionally destroy evidence of the marriage.
Renato, a US citizen, married Janice in January 2011. He filed a petition for immigrant status for Janice. After only three months from the date of filing the petition, Renato began showing signs of a violent nature—he started beating Janice when they argued. He would throw things at Janice when he was angry. Since Janice’s adjustment of status was still pending with the immigration service, she was afraid to report the violence against her. She tolerated the abuse in silence, thinking this was her only option to remain in the United States.
But during one of Renato’s fits, a neighbor called the police. The police arrived and arrested Renato. Janice left their marital home in haste.
Janice was referred to a non-profit organization for temporary shelter where she stayed for a week. She went home to gather some of her personal belongings but was surprised to find them all gone. Renato informed her that he had filed for a divorce and that he withdrew the petition he had filed on her behalf. He then told Janice he had destroyed all their photographs, letters and any document that was in any way connected with their marriage. Thereafter, Janice moved to another state to live with a distant relative.
Due to Renato’s withdrawal of Janice’s petition, the US immigration service placed Janice in deportation proceedings. Her legal counsel then filed an application for an immigrant visa under the Violence Against Women Act (Vawa). Since Janice no longer has documentary evidence of her marriage, her application for self petition as an abused spouse under Vawa may be denied. What are her options to avoid being deported?
Filing the self petition
As a victim of domestic violence, Janice may avail of the protection afforded by the provisions of the Vawa. She can file her own petition without the participation of her US citizen spouse. But she needs to prove (1) the fact of her marriage; (2) that the marriage was valid and entered in good faith; (3) that she suffered and was the victim of extreme cruelty and (4) that she is a person of good moral character.
Secondary evidence
If there is no primary evidence of the good faith of the marriage aside from the marriage certificate, secondary evidence can be submitted.
Janice could ask witnesses to the marriage to execute declarations that provide accounts of what they personally know about Janice’s relationship with Renato. She could also submit the police report related to Renato’s arrest which could contain valuable information not just of the abuse but also of facts surrounding the couple’s domestic situation at the time.
She could even get statements from the women’s center or nonprofit organization where she sought refuge after she left home, including confidential counseling records (if she chooses to allow disclosure) of her sessions with psychiatrists and the like.
Vawa set to expire
The provisions of Vawa in its current language afford sufficient protection to all victims of domestic violence. The benefit of self-petitioning for non-US citizens is one of the best features of this law and protects non-US citizens, like Janice. The Vawa was authored in 1994 by Vice President Joe Biden and was passed into law during the term of President Bill Clinton.
This year, however, Vawa is set to expire unless reauthorized by Congress. And like a host of other bills in the pipeline requiring congressional action, the Vawa is currently in the cross hairs of partisan bickering from both side of the political aisle. The Democrats want to expand the law to include language protecting Native Americans, immigrants, and the gay and lesbian population. Republicans oppose these. The Republicans propose to again involve the US citizen abuser-spouse in the process of filing for immigration protection, defeating the very rationale behind the self-petition.
These trends, if unresolved, would roll back current protections for victims of domestic violence. For the thousands of other Janices in this country and thousands more like her mired in seemingly hopeless situations of domestic abuse, here is hoping Congress gets its act together and reauthorizes the Violence Against Women Act.
(Tancinco may be reached at [email protected] or at 8877177 or 7211963)
