The document provides an overview of domestic violence and legal options for nonimmigrant victims, including VAWA, U visas, and T visas. It discusses the definition and power dynamics of domestic violence. It then outlines the requirements and process for VAWA self-petitions and the benefits of an approved petition, including work authorization and ability to apply for permanent residency. The document also describes the qualifications and certification process for U visas, which provide temporary status and work permits to victims who cooperate with law enforcement. It notes challenges obtaining certifications and lists qualifying crimes. The document concludes with a hypothetical case study of an F-1 student and spouse involving allegations of abuse and custody issues
Domestic Violence In Asian Communitiesaraeshbhe710
This presentation was created by three masters level students at the University of Michigan in the School of Public Health and School of Social Work. It is meant as an educational tool and introduction to the often hidden issue of domestic violence in Asian American communities. For more information, please visit http://silentmarks.wordpress.com
To learn more about Deferred Action for Childhood Arrivals (DACA), please contact Elizee Hernandez Law Firm at (305) 371-8846, or on our website www.elizeehernandez.com.
Domestic Violence In Asian Communitiesaraeshbhe710
This presentation was created by three masters level students at the University of Michigan in the School of Public Health and School of Social Work. It is meant as an educational tool and introduction to the often hidden issue of domestic violence in Asian American communities. For more information, please visit http://silentmarks.wordpress.com
To learn more about Deferred Action for Childhood Arrivals (DACA), please contact Elizee Hernandez Law Firm at (305) 371-8846, or on our website www.elizeehernandez.com.
This PPT includes the types of violence by which most of the females are suffered. these sufferings can be caused by anyone i.e. family member, neighbour, friend or any other person. This PPT also includes some signs to recognize if anyone os suffering from any type of violence. It also includes some preventive steps from violence or sexual harassement.
These slides cover topics on Rape and its effects, its treatment, laws, types, and some case studies. It also discusses about Consent and Molestation, Sexual Assault.
MAITRI is a humanitarian and developmental NGO established in 2005. Its mission is to
establish basic health, promote education and restore human rights to empower India’s
vulnerable populations. Maitri defends human rights and strengthens communities through
individual and community empowerment with advocacy, education, community-based program
development, and networking. Maitri is committed to improving the quality of life and dignity
of the vulnerable populations it works with, which include:
● Destitute and marginalised widows
● Migrant workers and their families
● Underprivileged children
Crimes Involving Moral Turpitude (CIMTs)Marshall Hong
Overview of Crimes Involving Moral Turpitude (a/k/a CIMTs) - a classification of crimes that can lead to inadmissibility, exclusion, deportation, removal, or a denial of immigration benefits such as citizenship or permanent resident status.
Protection of women from domestic violence act 2005Winnie Singh
MAITRI is a humanitarian and developmental NGO established in 2005. Its mission is to
establish basic health, promote education and restore human rights to empower India’s
vulnerable populations. Maitri defends human rights and strengthens communities through
individual and community empowerment with advocacy, education, community-based program
development, and networking. Maitri is committed to improving the quality of life and dignity
of the vulnerable populations it works with, which include:
● Destitute and marginalised widows
● Migrant workers and their families
● Underprivileged children
● Members of uniformed services and their families
Article advising immigrants on their due process rights if detained by Immigration and some practical considerations to keep in mind if stopped by ICE (Immigration and Customs Enforcement)
This PPT includes the types of violence by which most of the females are suffered. these sufferings can be caused by anyone i.e. family member, neighbour, friend or any other person. This PPT also includes some signs to recognize if anyone os suffering from any type of violence. It also includes some preventive steps from violence or sexual harassement.
These slides cover topics on Rape and its effects, its treatment, laws, types, and some case studies. It also discusses about Consent and Molestation, Sexual Assault.
MAITRI is a humanitarian and developmental NGO established in 2005. Its mission is to
establish basic health, promote education and restore human rights to empower India’s
vulnerable populations. Maitri defends human rights and strengthens communities through
individual and community empowerment with advocacy, education, community-based program
development, and networking. Maitri is committed to improving the quality of life and dignity
of the vulnerable populations it works with, which include:
● Destitute and marginalised widows
● Migrant workers and their families
● Underprivileged children
Crimes Involving Moral Turpitude (CIMTs)Marshall Hong
Overview of Crimes Involving Moral Turpitude (a/k/a CIMTs) - a classification of crimes that can lead to inadmissibility, exclusion, deportation, removal, or a denial of immigration benefits such as citizenship or permanent resident status.
Protection of women from domestic violence act 2005Winnie Singh
MAITRI is a humanitarian and developmental NGO established in 2005. Its mission is to
establish basic health, promote education and restore human rights to empower India’s
vulnerable populations. Maitri defends human rights and strengthens communities through
individual and community empowerment with advocacy, education, community-based program
development, and networking. Maitri is committed to improving the quality of life and dignity
of the vulnerable populations it works with, which include:
● Destitute and marginalised widows
● Migrant workers and their families
● Underprivileged children
● Members of uniformed services and their families
Article advising immigrants on their due process rights if detained by Immigration and some practical considerations to keep in mind if stopped by ICE (Immigration and Customs Enforcement)
Mandate to Report, Responsibility to Prevent Child Abuse and NeglectJim McKay
Presentation to 2018 Principals Leadership Academy. This workshop will help principals understand their role and responsibility as a mandated reporter of suspected child abuse and neglect including recent updates to legislation enacted during the 2018 legislative session. By the end of the workshop, participants will be able to identify signs and indicators of child abuse and neglect, know what to do when a child discloses abuse, and strategies to help prevent abuse from occurring.
Combating Human Trafficking in the USA and investigating it RightByron Olivere
Investigating Sex Human Trafficking and Knowing the Signs. Many Human Trafficking Investigators interview children that are victim of human trafficking. This is a huge mistake. While many investigators are great at interviewing, they are not certified to interview children and especially when it comes to sex crimes. Investigators should use certified forensic child interviewers. Also, if the case goes to court, the investigator does not have to testify on the forensic interview. The forensic interviewer is certified and an expert at testifying in court. I have seen to many trafficking cases go bad due to an investigator believing they can do everything in a trafficking case. If human trafficking investigators want a slam dunk case, it is very important to use a forensic child interviewer. You do not want to get on the stand and be crushed by defense on the interview you conducted on the child. Defense will throw questions at you with words that you do not know or understand.
This presentation provides an overview of the problem of commercial sexual exploitation of children (CSEC), including what we know about CSEC victims and how children come to be exploited. Attendees will learn how to recognize and respond to CSEC victims, and what communities can do to protect children from exploitation.
This file is for educational purposes only and is not meant for reproduction.
Client is a 17 year old African American male that presented for.docxbartholomeocoombs
Client is a 17 year old African American male that presented for a Comprehensive Assessment to determine eligibility for services. Though biologically male, she has socially transitioned and prefers to be addressed as Charmaine. The client identifies as a female. Her outward appearance was that of a teenage female. Present at the assessment was foster parent. During the assessment, client was argumentative with foster parent and disrespectful; indicating she did not want to come for services. Client reports she has no issues. She is resistant to available resources.
Information gathered was obtained from other records and the foster mom. The client engages in disruptive behaviors and these behaviors have been evident for an extended period of time. Client recently moved to this foster placement. Client’s history is significant for multiple placement changes. She was adopted at approximately the age of four (4) and was placed in DSS custody at age 16. Prior to a request to have the client moved from the former placement, the client cut her genitals (scrotum) with a razor, requiring fifteen (15) stitches to close the wound. The client reports that it was a “shaving accident” and her hand slipped when she was trying to shave her legs. When asked about consideration for a gender reassignment, client responded she was unsure. Documents indicate she has discussed previously.
It has been reported that the client is overtly defiant with adult authority figures, and often responds with attempts to engage others in verbal arguments. She has shown a pattern of poor emotional regulation. The client has been involved with mental health services for an extended period of time and she has struggled with behaviors and interpersonal interactions. Her problematic interpersonal interactions are often triggered by being unable to obtain her immediate wants, and this poor impulse control often leads to emotional displays of anger and frustration, and they often interfere with her ability to maintain a positive interaction with others.
Client’s history is significant for multiple traumas-abuses and neglects in the biological home, struggles to acclimate and the adoptive home and subsequent discharge to DSS custody. It is reported that client’s biological parents have history for alcohol and drugs, mental illness and general instability.
The client has been provided extensive mental health services ranging from outpatient services to those requiring a secure residential facility. Documents indicate client has made threats of suicidal ideation and threats of homicidal intent (threatened to poison her adopted mother) but she denies.
The client resides currently with a foster parent. Her biological mother was killed by her aunt. Her father was recently released from prison and resides in a halfway house in Ohio.
What was the client’s diagnosis? Gender Dysphoria in Adolescents and Adults, Borderline Personality Disorder, Attention-Deficit/Hyperactivity Disorder.
Dr. K. Wendy Freed, M.D.
Consulting psychiatrist for Miller Children's Hospital Abuse and Violence Intervention Center in Long Beach, CA
March 13, 2007
Similar to Victims on campus updated 9 19-2012 (20)
1. Victims on Campus: What Advisors
Need to Know about Domestic
Violence, VAWA, and U Visas
David Ware, Ware|Gasparian
Martha Staff, University of Hawai'i, Mānoa
2. What We Will Cover
• Overview of domestic violence
• Legal remedies for nonimmigrants—VAWA, U,
T
• Legal Consequences of DV for nonimmigrants
3. What is Domestic Violence?
• A pattern of behavior used to establish power and control
over another person through fear and intimidation, often
including the threat or use of violence.
4. The Power and Control Wheel
for Immigrants
Power Control
5. Immigration Options for Domestic
Violence Survivors
• Self-Petitioning under VAWA, I-360
• Cancellation of Removal under VAWA
• U (crime victim) Visa
• T (trafficking) Visa
6. The Violence Against Women Act
(VAWA)
• Enacted in 1994, amended 1996, 2000, 2005
• VAWA immigration provisions:
• Abused spouse, parent, or child of USC/LPR need not rely
on USC/LPR abuser to file petition
• Step 1: Self-petitioner files own form I-360
• Step 2: If approved, self-petitioner and children apply for
permanent residence based on approved I-360
7. Who Qualifies to Self-Petition
under VAWA?
• Abused spouses of USCs and LPRs, including their children as
derivatives
– Must file within 2 years of divorce or abuser’s loss of status
– Eligible if marriage would have been legal but for bigamy of
abuser
• Non-abused spouses of USCs or LPRs where their child is
abused
• Abused children of USCs and LPRs (up to age 25)
• Abused parents of adult USCs
8. Requirements of VAWA
Self-Petition
• Abuser is USC or LPR
• Relationship to Abuser
• Child or Good Faith Marriage
• Resided with abuser
• Battery or Extreme Cruelty
• Good Moral Character
9. The Self-Petitioning Process
• Receive Receipt notices from the VAWA unit
• Receive Prima Facie determination from VAWA unit on self-
petition
• Receive and Respond to Request for Evidence (RFE)
• Receive approval on self-petition
• Receive transfer notice from VAWA unit of I-485 Permanent
Residency application to local district office for interview
• Interview on I-485 application
10. Benefits of an Approved VAWA Self-
Petition
• Spouses/children of USC’s: ability to apply for PR immediately
• Spouses/children of LPR’s:deferred action status (places approved
individual on lower priority for removal)
• Employment authorization
• Cannot travel outside US
• Eligible for some public benefits
11. U visa Overview
• Congressional intent:
(1) Strengthen the ability of law enforcement agencies to detect,
investigate, and prosecute cases of domestic violence, sexual
assault, human trafficking, and other crimes; and
(2) To offer protection to victims of such crimes.
• Lawmakers recognized that a victim’s cooperation, assistance, and
safety are essential to the effective detection, investigation and
prosecution of crimes. Victims who fear deportation are unlikely to
come forward to cooperate and assist in investigative efforts. The
U visa allows immigrant crime victims to cooperate with law
enforcement officials and obtain lawful immigration status and
protection against deportation.
12. U Visas: Crime Victim visa
Requirements
• Victim of a qualifying crime
• Substantial physical/mental harm from the crime
• Applicant (or parent/guardian/next friend of child-victim) has
information; and “has been helpful, is being helpful, or is likely to be
helpful” to authority investigating or prosecuting the crime
• Applicant need not know, or be related to, the criminal
• Criminal’s immigration status is irrelevant
• Need “certification” from investigator, prosecutor, or Judge or DOL,
other government agency
• Limited to 10,000 per year
13. U Visa: Crime Victim Visa
List of Qualifying Crimes
Rape Torture Murder
Sexual Assault Female Genital Mutilation Manslaughter
Abusive Sexual Contact Trafficking Blackmail
Sexual Exploitation Held Hostage Extortion
Felonious Assault Involuntary Servitude Witness
Tampering Prostitution Abduction
Perjury Incest Peonage
Obstruction of Justice Domestic Violence Slave Trade
Kidnapping Unlawful Criminal Restraint False Imprisonment
Attempt/Conspiracy/Solicitation to Commit any of the above
Any similar activity in violation of Federal, State, or local criminal law
14. U Visa Certification
• May be signed by federal, state or local law enforcement officials, as well as
judges or other federal or state authority responsible for detection, investigating,
or prosecuting crimes
• As first responders, law enforcement officials may have first-hand knowledge
regarding a victim’s involvement in the investigation.
• The certification must confirm the immigrant victim’s past, present, or future
helpfulness in the detection, investigation, or prosecution of certain qualifying
criminal activity.
• Law enforcement officials who sign certification do not confer any immigration
status upon the victim but enable them to apply for a U visa with U.S. Citizenship
and Immigration Services (USCIS). Only USCIS has the discretion to grant or deny a
U visa application.
15. U Visa Certification
• Obtaining a certification can be the most difficult
part of the process, and may require direct
outreach with local law enforcement.
• Some agencies have indicated a policy of not
signing certifications under any circumstances.
• In some cases a prosecutor or judge may be
willing to sign the form.
16. Benefits and Limits of U Visas
• Permission to remain legally in the US for 4 years
• Employment Authorization
• Ability to apply for LPR status after holding the visa
for 3 years
• Spouse, children or parents may also qualify for visas
and to apply for LPR status
17. Notes on U Visas
• A crime does not have to lead to an
investigation or successful prosecution for a
victim to be eligible for a U visa
• There is no maximum time limit on crimes.
Victims may still be eligible to apply decades
after the crime was committed.
18. DV Convictions: Deportation
• If discovered by ICE, persons convicted of DV,
stalking, violation of protective orders are
subject to deportation.
• “Conviction” includes instances where the
accused pleads guilty, punishment is imposed
by the court, and charges later dismissed,
usually after anger mgmt, community service,
or other punishment.
19. Working with Student Victims
• Be sensitive to emotional distress. Be patient.
Victim will not always be comfortable telling
you what happened. May need to meet with
student several times.
• Post Traumatic Stress Disorder. Some victims
may be suffering from PTSD or other
emotional trauma. Be sensitive to that. Refer
to a mental professional if necessary.
• Conflicts of Interest. Be aware that you will
always have a conflict if a student’s
dependants allege abuse. Be wary of
advising them.
21. The Advising Framework
• Getting the story…whose story? Whose facts?
• Referring the parties to appropriate resources
• Possible conflict of interest in advising
relationship
• Immigration advising in relation to other legal
frameworks and counseling needs
• Institutional support for your involved student
• Safety of students and family members
• Cultural perspectives
22. Initial Complaint 2005
• F-2 Taiwanese female spouse complained of
domestic abuse.
• Perceived her as victim: withdrawn, nervous,
depressed, and unable to explain in English
• Events occurred off-campus and there was a
police report.
• Checked with Counseling Center regarding
services for F-2 spouse. Not available.
• Couple had a young F-2 child (toddler).
23. Referral
• Spouse told sketchy story through translator
• Referred to a nearby church counseling center
where services would be free to students and
spouses and
• Legal services could also be arranged.
• Director of that center reported that case was
serious and a possible candidate for U visa.
• Spouse reported she was being helped by off-
campus resources.
24. Flash Forward to 2007
• F-1 student (male) requested termination of
the F-2 spouse’s SEVIS record due to divorce.
• His story: Divorce had been contentious. He
had suffered abuse and had been awarded
physical and legal custody of child by court.
• Father noted child’s F-2 record should be kept
active.
• Adviser terminated spouse’s F-2 SEVIS record.
25. Flash Forward to 2011
• F-1 nearing completion of doctoral degree and
making plans to return to Taiwan to obtain
university faculty position.
• F-1 very agitated, thin, nervous. Explained long
history of interactions with family court/legal
system in Hawaii.
• Mutual allegations of abuse with F-1 student’s
accusations prevailing in court proceedings.
• Ex-wife still in Hawaii.
26. Student’s Story
• Multiple advising sessions with F-1. He began
to confide.
• Camera in apartment lobby recorded assault
by wife of husband holding toddler son.
• TRO granted to F-1. Retailiatory TRO initiated
by wife not granted due to lack of evidence.
• Father granted full physical and legal custody
with mother having supervised visitation and
requirement to attend parenting classes.
27. The Story, Continued
• Father continued full legal custody after
divorce.
• Later, mother granted unsupervised physical
custody 3 days/week and father 4 days/week.
• Father visited ISS adviser regularly to check
son’s SEVIS status (still F-2) and to speculate
about wife’s visa status. Father stated his ex-
wife had told him she had “U” visa status.
28. On-Going Custody Issues
• F-1 concerned about his ex-wife’s desire to
stay in Hawaii permanently.
• F-1 noted his job options in Hawaii non-
existent, but very promising in Taiwan.
• F-1 notified ex-wife of his desire to depart the
US in January 2013 upon completion of
degree; she objected and sought custody.
• Family court prohibited either parent leaving
the state without other parent’s consent.
29. Planning for Family Court Hearing
• F-1 informed me his ex-wife claimed both she
and son had green cards but refused to
provide a copy.
• F-1 requested my testimony in court regarding
his visa status and the dependent status of his
son.
• F-1’s academic adviser and I consulted on his
case, as both of us were to testify on his
behalf.
30. Status Options
• F-1 student very concerned about obeying law
and maintaining status.
• Discussed end of program options:
-Leave within grace period
-Apply for OPT and seek work
-Apply for B-2 (to buy time necessary for
family court)
31. Where we are today
• January 2013: F-1 student had Skype interview for
faculty position at Taiwan university.
• February: F-1 accepted job beginning April, 2013.
• Early April – F-1 still in Hawaii awaiting court decision.
• Mid-April – Student departed US for Taiwan taking son.
Asked Taiwanese court to work with Hawaii family
court.
• Mother : complaint in Hawaii court alleging
kidnapping.
• Child: now 10 years old, attending school in Taiwan;
happy, doing well. Connected with multi-generational
family on both sides. Court actions still pending.
32. Where we are today
• Former student feels betrayed by US legal
system (secretive U visa system, no chance to
defend himself, no apparent consideration of
his custodial role)
• Former wife still maintains desire to stay in
Hawaii and continues custody battle
• Child is very bonded with both parents who
cannot agree what is in his best interest
• No evidence of continuing victimization of
either parent.
33. Issues for Advisers to Consider
• Conflict of interest in advising F-1 and F-2.
• Safety of your student and his/her family
members.
• Probable need for off-campus resources even if
there is a counseling center on-campus
• Cultural perspectives and language issues
• Difficulties in determining who are victims and
who are perpetrators. Can’t know entire story.
• Roles of institutional advisers: setting limits and
performing “due diligence”