| The Violence Against Women Act (VAWA), passed | | | | - Following you to or constantly calls you at your place |
| into law in 1994 and amended in 2001, provides hope | | | | of work trying to find out what you are doing; |
| for immigrant domestic violence survivors. An abused | | | | - Making degrading remarks about your home country |
| immigrant who is married to a U.S. citizen or Lawful | | | | or your gender or sexuality; |
| Permanent Resident or who divorced her abuser in | | | | - Threatening to have you and/or your children |
| the past two years may now petition on her own for | | | | deported or call INS if you don't do what he says or if |
| an immigrant visa and green card application, without | | | | you tell anyone about the abuse; |
| the abuser's knowledge or consent. In this confidential | | | | - Threatening to withdraw his green card sponsorship; |
| process, CIS (formerly called "INS") agents cannot | | | | - Refusing to let you visit with your friends or family |
| legally contact the abuser and tell the abusive spouse | | | | members or speak to them on the phone; |
| anything of the abused immigrant's attempts to obtain | | | | - Keeping tabs on you all day and becomes angry |
| a green card under VAWA. The process can often | | | | obsessive about your whereabouts and who your |
| be completed within a year for those married to U.S. | | | | friends are; |
| citizens. This process also provides renewed work | | | | - Locks you in your own house or apartment; |
| authorization to lawful permanent residents who usually | | | | - Refusing to let you use the phone to contact anyone |
| face a longer waiting period due to visa number | | | | or the police; |
| backlogs. Further, there is no appearance in front of a | | | | - Attempting to sabotage your friendships and work |
| judge required (the process is paper driven) by the | | | | relationships; |
| immigrant spouse and s/he may leave her abuser at | | | | - Attempting to destroy your reputation or causes you |
| any time, without harm to her immigration status. So, | | | | to lose your job; |
| given these benefits, why do so many immigrants in | | | | - Giving you false hope that he will never hit you or |
| such abusive marriages not file for their permanent | | | | abuse you again; |
| residency under VAWA? | | | | - Holding your passport hostage if you don't do what |
| There are two main reasons. For one, many do not | | | | he wants; |
| know of VAWA's protections for abused immigrants | | | | - Refusing to let you see your immigration papers and |
| and secondly, most do not recognize that what they | | | | maintains absolute control; |
| have experienced or are still facing can be considered | | | | - Treating you as his servant; |
| abuse or "extreme cruelty" under U.S. immigration law. | | | | - Harming your pets or threatens to kill them; |
| A finding of "extreme cruelty" (abuse under immigration | | | | - Ignoring you when you speak to him and refuses to |
| law) is based on the emotional, psychological, financial, | | | | speak to you, unless you do what he wants; |
| and/or physical abuse that an immigrant experiences | | | | - Destroying your property; |
| during his or her marriage. The immigrant must not only | | | | - Threatening to commit suicide; |
| prove to CIS that such abuse happened as best s/he | | | | - Ignoring you for hours or days, refusing to speak to |
| is able but must also indicate how this abuse has | | | | you or acknowledge that you are speaking; |
| affected the immigrant. What one immigrant may | | | | - Blaming you for the abuse and his poor choices; |
| consider abusive (i.e., derogatory put-downs) may not | | | | - Threatening to take away your children or tries to |
| be considered abusive to another immigrant or person, | | | | use your children against you; |
| depending on their culture, upbringing, background, or life | | | | Financial Abuse may include: |
| experiences. | | | | - Forcing you to pay all the joint expenses and even |
| The immigrant must explain to CIS why their spouse's | | | | his private expenses; |
| actions affect her so significantly and subjectively, and | | | | - Forcing you to work double shifts, long hours, or |
| thus, why CIS should consider those actions, taken in | | | | perform demeaning work; |
| their totality (i.e, a pattern can be shown instead of one | | | | - Forcing you to beg him for money, even for the |
| or two extremely abusive actions) should be | | | | emergencies and basic essentials; |
| considered "extreme cruelty." For example, in many | | | | - Sorting through your things and invading your privacy, |
| cases, a pattern of purely psychological abuse may be | | | | looking for items you have purchased and humiliatingly |
| more terrifying and damaging to an immigrant's | | | | make you account to him for even your own spent |
| emotional and physical well-being than physical abuse. It | | | | money; |
| is important to point out that an immigrant does not | | | | - Refusing to buy you food or clothing; |
| have to indicate that she experienced physical abuse | | | | - Stealing from you; |
| to receive an approved VAWA case. | | | | - Forbiding you access to your joint accounts; |
| The following lists some common examples of | | | | - Punishing you for purchases s/he made accusing you |
| behavior that may be considered "abuse" under U.S. | | | | of lying or stealing from him/her; |
| immigration law: | | | | Many times, an immigrant who seeks legal assistance |
| Any type of Physical abuse, which also includes: | | | | because of abuse does not mention psychological or |
| - Forcing you to have sex with him against your will, | | | | financial abuse because she fears that she will not |
| for fear that he will have you deported or will | | | | know how to prove it. Physical abuse usually can be |
| physically harm you; | | | | documented with photos, police reports, court |
| - Forcing you to engage in his sexually perverse | | | | transcripts, and restraining orders, but admittedly, |
| behavior even though you do not want to; | | | | psychological abuse is more difficult to demonstrate. |
| - infecting you with HIV or other disease due to his | | | | It still can be proven, though, through evidence including |
| reckless or intentional acts; | | | | detailed affidavits of witnesses, hospital records and |
| - Groping, grabbing or touching you in your private | | | | counseling reports. |
| areas in private or in front of others, humiliating you and | | | | Financial abuse may also be proven through receipts, |
| making you feel uncomfortable; | | | | checking account statements, affidavits of witnesses, |
| - Forcing you to engage in unsafe sex with him or | | | | and other types of documentation. Its imperative for |
| others; | | | | any immigrant in an abusive marriage to seek |
| Psychological/Emotional Abuse may include: | | | | assistance from an attorney, to brain-storm with the |
| - Repeatedly making fun of you and humiliates you; | | | | attorney about what kinds of evidence and witnesses |
| - Intimidating you (or threaten to harm your family or | | | | will be available, and more than anything, to know her |
| friends); | | | | options. |