Domestic Violence Sufferers in AZ Illegally Now Face Serious Problems
By: Aditya Mittal | Posted: 14th March 2011
Arizona's controversial immigration bill, SB-1070, has had far reaching consequences for some Arizona inhabitants. That consists unlisted fatalities of domestic violence who are living in Arizona. These domestic violence victims face a legal limbo: while many may succeed for an amendment of legal status, they worry contacting police to begin the process, as contacting police may actually trigger their deportation.
VAWA Allows Adjustment of Status - But it May Take Up To a Year
Victims of domestic violence who are in the country unlawfully actually do have the choice of conforming their status to live in the United States lawfully under the Violence Against Women Act (VAWA), a law passed in 1994. VAWA specifically enables aliens who have been "battered or subject to extreme cruelty" to apply for an adjustment of status if their batterer was a better half or parent who is a U.S. citizen or lawful steady resident and they have dwelt in the U.S. at least three years. In 2000, another category was added to enable fatalities of criminal activity to apply with United States Citizenship and Immigration Services (USCIS) for a U visa if they concur to cooperate in the investigation or prosecution of a crime. These fatalities do not have to be married to their abuser, nor does the abuser have to be a U.S. citizen or lawful permanent resident. Only 10,000 U visas are granted annually.
evaluation of a self-petition for adjustment of status under VAWA or an application for a U visa can take up to one year. There is no guarantee that the Department of Justice will grant a petition under VAWA. Similarly, USCIS may not grant a U visa application. In fact, USCIS is only permitted to grant 10,000 U visa applications each year. There is no boundary to the number of self-petitions granted under VAWA.
Domestic Violence Victims in Arizona Are Unsure of Best Route
Since SB-1070 was passed, domestic violence advocates have seen that fewer women and children are coming to shelters. Advocates fear that women who are in Arizona illegally may fear deportation if they state their abuser or try to leave him.
Another hurdle for domestic violence sufferers who want to pursue adjustment of status under VAWA is that they must call a police for certification before they even apply for an modification of status. This opens to the door to deportation. Even after a domestic violence victim applies for modification of status, USCIS only provide a receipt for the petition - this receipt does not qualify as a document that testify the applier is in the country legally. The victim of domestic violence will risk deportation until the petition isgranted or rejected.
Thus fatalities of domestic violence Arizona now face a legal limbo unless SB-1070 is overturned.
In many cases, rather than apply for lawfull protections under the law, the sufferers of domestic abuse may choose to stay with their abuser. But perhaps the law will oblige some victims to shift away from their abusers, even leaving the state entirely to prevent having contact with law enforcement? No research or reports have been compiled to document whether this unintentional effect is happening, however.
Advocacy Group Legal Momentum Files Suit Against SB-1070
Most advocates believe that SB-1070 has left victims of domestic violence with little of options to keep them safe. Advocacy Group Legal Momentum has joined in a suit challenging SB-1070. A former domestic violence sufferer and unlawfully immigrant has even confirmend before Congress that SB-1070 will probably prevent domestic violence victims from revealing maltreatment to US Immigration enforcement.
For now, key parts of SB-1070 are not in effect while courts decide whether SB-1070 is constitutional. Still, many fatalities are getting ready for the most terrible and are either getting ready to leave the state or to bear the violence in their lives with no recourse.
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Tags: best route, deportation, visa application, citizenship and immigration services, citizenship and immigration, permanent resident, uscis, visa applications, adjustment of status, united states citizenship and immigration services