the essential guide - Texas Council on Family Violence

Here is an overview of some of <strong>the</strong> types of immigration relief that may be available:VAWA Self--PetitioningEstablished by <strong>the</strong> Violence Against Women Act, VAWA protection exists to help battered immigrantwomen married (including common law married in <strong>Texas</strong>) to US Citizens or Legal Permanent Residents(LPR) to establish <strong>the</strong>ir own lawful permanent status without <strong>the</strong> cooperation of <strong>the</strong> batterer. Applicantsmust be able to show that <strong>the</strong>y are victims of domestic violence, married to a US Citizen or LPR in a goodfaith marriage, and of good moral character.U VisaThe U Visa is an opportunity for immigration relief available to immigrant victims of certain crimes,including domestic violence. There is no marriage requirement for a U Visa, nor is <strong>the</strong> immigration statusof <strong>the</strong> abuser relevant. However, applicants must be able to obtain certification from a law enforcementofficer stating <strong>the</strong>y are <strong>the</strong> victim of a qualifying crime and cooperating with <strong>the</strong> investigation and/orprosecution and also stating <strong>the</strong>y suffered harm as a result of <strong>the</strong> crime. There is a similar visa available to victims of trafficking called a T Visa.O<strong>the</strong>r Immigration AssistanceVAWA and U Visa cases will probably comprise <strong>the</strong> majority of immigration cases that you will see.However, <strong>the</strong>re is a range of options for immigration relief, and it is vital that you refer immigrant victimsto an immigration attorney for consultation and assessment so that all options may be explored.Survivors of Family Violence with Limited English ProficiencyLanguage access can be an additional barrier to getting needed help. Accessing <strong>the</strong> criminal and civilcourt systems for help with protective orders, divorce and child custody are often part of <strong>the</strong> processtowards achieving safety. Survivors of family violence with limited English proficiency have <strong>the</strong> right toequal and meaningful access to <strong>the</strong> courts. Persons with limited English proficiency include individualswho have a limited ability to read, write, speak or understand English, which includes individuals who areD/deaf or hard of hearing.Recipients of federal funds must comply with federal laws relating to language access, which include TitleVI of <strong>the</strong> Civil Rights Act and <strong>the</strong> Americans with Disabilities Act. <strong>Texas</strong> criminal courts receive federalfunding and must offer LEP populations equal access to <strong>the</strong> justice system through interpretation,translation and auxiliary aids such as a TDD, or Telecommunication Device for <strong>the</strong> D/deaf.Title VI of <strong>the</strong> Civil Rights Act of 1964- Prohibits national origin discrimination by recipients of federalfunds. Different treatment based on a person’s inability to speak English may be a type of national origindiscrimination.Americans with Disabilities Act- State entities are required to provide American Sign Language (ASL)interpreters or auxiliary aids to ensure effective communication with D/deaf and hard of hearingindividuals.THE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE29 | P a g e