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Abused and Battered Immigrants DO have a Choice

Her will was slowly, inexorably eroding to nothingness.  The insults. The
threats. The beatings.  The demeaning
tone of his demanding voice telling her she could walk out the door at any
time—and that Immigration would be waiting for her outside.  She could leave and forget about the child
she left behind in her home country.  A
child she had not seen for three years.  She was trapped.  No papers,
no hope, no escape.  He was a United
States Citizen.  He knew the phone number
of the immigration officers that could come in at any time and take her away to
be deported.  She could
picture the last three years of agony, toil, and humiliating sacrifice
withering away as she returned rejected, defeated, and penniless.

He had long ago taken
away her passport and her birth certificate. 
He knew she couldn’t do anything without that.  He had promised to file her immigration
papers, but she knew now that it was just a lie.  Caged in a prison devoid of walls, she wailed
silently and unseen while the days and months became, what, three years

Every year, thousands of immigrants suffer mutely, victims
of unscrupulous spouses that take advantage of the immigrants’ nonexistent
position of power.  But appearances can
be deceiving.

In 1994, the Violence Against Women Act (VAWA) was passed
into law.  The intention of this piece of
legislation was to provide a way for abused immigrants to escape their
tormentors.  Normally, a family petition
needs just that—a petitioner—to request the benefit for the immigrant (also
known as the beneficiary).  The way the
Immigration and Nationality Act (INA) was structured at the time, only through
the active and willing participation of the petitioning spouse could an
immigrant obtain family based immigration benefits.  VAWA made it possible for the victim to file
a petition on her (or his) own behalf.  The form is I-360 and can be obtained from the USCIS website at  Protection from deportation and counseling resources were made available as part
of the aid provided to the victims.  The
result was a sliver of hope shining in a pitch-dark tunnel.

While the VAWA made significant inroads toward correcting
the plight of millions of immigrants subjected to extreme cruelty or abuse, it
was far from a perfect fix.  Many
oversights in this important law were addressed in the amendments to the VAWA
(Violence Against Women Act of 2000). 
Nicknamed the VAWA II, it fixed provisions that left abused immigrants unprotected
if they, among other situations, divorced the abuser before the filing of the
self petition.  It also provided renewed
funding for many support programs and permitted the adjustment to permanent
residents even if the victim had entered illegally.  It also lowered the standards that needed to
be met to show hardship if removed from the United States.

For the immigrant victim of a United States Citizen or Legal
Permanent Resident, the VAWA presents an opportunity to end the cycle of
violence and achieve a measure of social justice.  Help is available through the
National Domestic Violence Hotline on
1-800-799-7233 or 1-800-787-3224 [TDD]
for information about shelters,
mental health care, legal advice and other types of assistance, including
information about self-petitioning for immigration status.