Lawyers Manual - Unified Court System

Representing Immigrant Victims of Domestic Violence 333
required to consider eligibility for CAT relief. 124 When preparing a request for
CAT relief, consult with an experienced mentor.
Conclusion
This chapter, while offering an introductory guide to the issues confronting
immigrant domestic violence victims and possible avenues for relief, must serve
only as a starting point for the legal practitioner. Because of the rapid evolution
of the law, inconsistencies between the statutes and regulations, and complex
rules governing filing requirements and waiver eligibility, the task can be
daunting. Fortunately, the domestic violence advocacy community has
developed a network of educational, mentoring, and referral services to guide
legal practitioners through the complexities. In addition to national
organizations available via the internet, New York attorneys are fortunate to
have access to a wide array of legal and domestic violence organizations that
offer excellent training seminars for attorneys free of charge or for a modest fee.
Information on some of these national and local organizations is attached as
Appendix A to this article.
The domestic violence advocacy network not only provides the practitioner
with the legal tools necessary to craft an effective application for relief, but also
serves as an important source of support for a process that is challenging to
client and attorney alike. It is traumatic for a woman to discuss intimate details
of abuse inflicted on her or her child, let alone submit it on a government
application, and collecting that information can be painful. For the attorney who
rises to the legal and emotional challenges, however, the results can be deeply
satisfying. The domestic violence victim who obtains a work permit, and then a
green card, takes a critical step toward self-sufficiency. With the ability to live
and work legally in the United States, the victim can support herself and her
family and, in the process, overcome her victimization.