About Her Justice

Mission

Her Justice engages the vast talent and resources of New York City’s law firms, bringing together committed lawyers and determined women to secure life-changing results.

Women in crisis can’t wait

Vital Legal Protections:

Safety of women and their children

Poverty and homelessness

Transforming lives

Family, matrimonial, and immigration issues

Take back control and rebuild

Ongoing representation of over 7,000 women and children last year

Who we serve

Low-income women who reside in NYC

85% of our clients are domestic violence survivors

69% are mothers

52% are Latina, 25% are African-American, and 14% are Asian or a member of another minority group

1 out of every 4 women we serve cannot access the legal system without an interpreter

Immigration Remedies for Survivors of Elder Abuse

Family-based sponsorship petitions

VAWA Self-Petitions

U Nonimmigrant Status

Asylum

Temporary Protected Status

Administrative Relief

Possible Immigration Remedies (not exhaustive):

Overview

NONIMMIGRANTSTATUS

Temporary

IMMIGRANTSTATUS (“Green

Card”)

Permanent but revocable

Adjustmentof Status

(LPR Status)

Two waysto enter CitizenWith

inspectionEntry

Without inspection

Administrative structure

Department of Homeland Security (DHS)

Customs & BorderProtection (CBP)

Citizen & ImmigrationServices (CIS)

Immigration & CustomsEnforcement (ICE)

2-step administrative filing for getting LPR status in family-based immigration process

“Regular” family sponsorship process

Step 1: Establish valid parental relationship (biological, step-parent or adoptive parent) with USC who is over 21 years of age:

Form I-130, Petition for Alien Relative

Petition of sponsor

“Regular” family sponsorship process

Step 2: Establish eligibility for immigrant visa/LPR status through:

Eligible for naturalization in 5 years

Form I-485, Application for Adjustment of Status – if applicant in U.S.

Application of alien relative, requiring:

● Sponsor’s affidavit of support

● Interview

Form DS-260 for consular processing – if applicant abroad

Why VAWA relief is needed

Regular family-sponsorship process controlled by USC

Dangerous dynamic in relationships dominated by domestic violence/ abuse

Pattern of abusive and threatening behavior used by one person to gain or maintain power and control over family member

Why VAWA relief is needed

VAWA modified family process to remove abusive USC child from position of control over immigration status of parent

Safeguards confidentiality

Provides for work authorization (economic independence)

VAWA Self-Petitions Benefits

Creates pathway to permanent status without abusive child

Provides eligibility for work authorization

Removes abuser from process

Creates confidentiality

Who can benefit from VAWA Self-Petition?

Spouse of abusive USC or Lawful Permanent Resident

Unmarried child of abusive USC or Lawful Permanent Resident

Parent of abusive USC

Petitioner bears the burden of proof (preponderance of the evidence) through any credible, relevant evidence

Elements of a VAWA self-petition for survivors of elder

abuse

Qualifying relationship: Parent of child age 21 or over

Relationship must be in existence at time of abuse and at the time of filing (death, legal separation, or divorce at time of abuse/ time of filing terminates the legal relationship unless petitioner can prove an ongoing factual relationship)

2 year grace period in cases of death of child

If step-parent, child must have been younger than 18 at time of marriage creating step-parent relationship

Elements of a VAWA self-petition for survivors of elder

abuse (continued) Status of son or daughter: US Citizen

Joint residence with child: current or past

Battery/ Extreme Cruelty: by the US Citizen son or daughter

Good moral character

Proving qualifying abuse

Acts of physical abuse

Threatened acts of violence against victim or family members

Forceful detention causing physical or mental injury

Social isolation

Economic abuse

Psychological abuse

Verbal abuse, denigration

Threats

Physical battery Extreme cruelty

File appropriate forms and supporting documents with USCIS via U.S. mail

Respond to any requests for further evidence

Deferred action

Attend non-adversarial adjustment interview with client

Receive decision

Attend Interview (no court appearances)

VAWA Self-Petition:Process

• Can a self-petitioning VAWA parent confer benefits on other children?

• No. Self-petitioning parents are not eligible to confer derivative benefits.

• Will a self-petitioning VAWA parent be able to receive work authorization?

• Yes. All self-petitioners with approved self-petitions are eligible for work authorization regardless of age.

What is U nonimmigrant status?

Temporary: valid for 4 years

Allows non-citizen victims of crime to:

● Stay in the U.S.

● Obtain employment authorization

● Help certain family members (derivatives) obtain lawful status

● Apply for lawful permanent resident status

Benefits and limitations

Eligible to adjust status to permanent resident after 3 years of continuous presence

Work authorization

Family reunification

Cannot petition for perpetrator of crime

Overseas travel problematic

Statutory cap

Deferred action while on waitlist

Benefits Limitations

Deferred action: benefits

Available to any alien who:

Was a victim of a qualifying crime violating the laws of the U.S. or occurring within the U.S.;

Cooperated with law enforcement to investigate or prosecute the qualifying crime;

Suffered substantial physical or mental abuse as a result of such crime; and

Is not “inadmissible”

U Nonimmigrant Status: Eligibility

Domestic violence

Nature, scope, and cumulative effect

Trafficking: sex, labor

Sexual assault, contact, or exploitation

Felony assault, manslaughter, murder

Kidnapping

Attempts, conspiracy, solicitation to commit a qualifying crime

Any similar activity in violation of federal, state, or local criminal law

What is qualifying criminal activity?

Possesses credible and

reliable information about qualifying crime

Information and helpfulness

+

Helpfulness in investigation or prosecution

+

Signed original Form I-918B,

Law Enforcement Certification

Issuance discretionary

Valid only for 6 months from date signed

Letter of designation of authority

Knowledge of specific facts that would assist in investigation or prosecution of crime

No unreasonable refusal to cooperate

Mere detection of crime can be sufficient

U Nonimmigrant Status:Derivative Status for Family Members

Principal petitioner is 20 or under

Spouse

Children

Parents

Unmarried siblings under 18

Principal petitioner is 21 and over

Spouse

Children

What is “asylum?

•Refers to people seeking protection from the United States because of past persecution or fear of future persecution in their home country due to:

• Race• Religion• Nationality• Membership in a particular social group• Political opinion

• In general, must file within one year of arrival to the United States

• May include spouse or unmarried children under 21 in application

• May be granted employment authorization• Leads to permanent immigration status (lawful permanent

resident status or “green card”)

What is Temporary Protected Status (“TPS”)?

•The United States government designates protection for citizens of certain countries that are unable to safely handle the return of their citizens due to:

• Ongoing armed conflict (e.g., Syria, Sudan, Somalia)• Environmental disaster (e.g., Haiti, Honduras)• Other extraordinary and temporary conditions (e.g., Sierra

Leone, Guinea)

• During the designated period of time, individuals who are TPS beneficiaries are:

• Not removable from the U.S.• Can obtain an employment authorization document (EAD)• May be granted travel authorization

• Individuals must apply for TPS and there are specific criteria/ timing

• TPS does not lead to permanent legal status

What is Administrative Relief?

•“Deferred Action”: a type of prosecutorial discretion that will not result in any permanent immigration status.

• Allows certain individuals to remain in the U.S., be protected from deportation and obtain employment authorization.

• Deferred Action for Parental Accountability (“DAPA”): • As of November 20, 2014, • Has a son or daughter of any age, who is a US citizen or lawful

permanent resident,• Individual was present in the U.S. before January 1, 2010, and

• Individuals must not present any criminal issues that would

make them a priority for removal from the U.S.

• This relief does not exist yet. • Federal court injunction is in place until further notice.

Questions?

Thank you!