In this
multi-article discussion within her Instructional Series, noted Immigration
Attorney Magdalena Cuprys, Esq. provides an in-depth discussion regarding some
of the most important avenues of protections for immigrants under US
Immigration Law:
Immigration Options for Victims of Violence at
the hands of Abusive USC and LPR Family Members
Immigration
Status of the Abusive Spouse, Parent, Son, or Daughter
· It must
be determined if the Applicant (victim of domestic violence) has copies of their
abusive spouse’s birth certificates, green cards, naturalization records, or
U.S. passport pages;
· If
abusive relative is a USC born in the United States, one must look to the law
of the state in which the USC was born and try to obtain copies;
· If the
abuser is (or was) LPR, a naturalized USC, or has previously filed a petition
with the federal immigration authorities, USCIS can look up the abuser’s
immigration status.
Keep
in mind that if the abuser has lost immigration status within the last two
years and that loss of status can be connected to the domestic violence, then
the Applicant will still be eligible to file a VAWA self-petition. In addition,
as with divorce, post-filing loss of status is irrelevant.
Abuse
(Either Physical Battery or Extreme Cruelty)
Sometimes,
people do not realize that some of the bad things that have happened to them
are forms of abuse. For example, isolation of friends and family, economic
control, or forced sex are all common in domestic violence, but victims of
these behaviors often do not realize the relevance of such behaviors as part of
a pattern of abuse.
Police
reports, court records, protection orders, and other documents indicating involvement
with government authorities are helpful, but they are not required.
Mental
health and domestic violence workers also can provide useful statements, but
like police records, they are by no means a requirement. Ask providers not to focus so much on
diagnoses like post-traumatic stress disorder and depression, but rather why,
in the worker’s professional opinion, he or she believes that the Applicant has
suffered domestic violence.
Remember
that physical abuse is not required by statute and that extreme cruelty can
provide the basis for a VAWA self-petition. As the Ninth Circuit in the old
landmark case Hernandez v. Ashcroft noted, “Congress clearly intended extreme
cruelty to indicate non-physical aspects of domestic violence.”
Good
Moral Character
Good
moral character, not mentioned in the INA provisions relating to USC and LPR-initiated
Relative Petitions, is a statutory requirement for the approval of a VAWA self-petition.
If the Applicant has no arrest record and does not fall within the class of persons
described in INA § 101(f), there is little that the applicant must do other
state than that she is a person of good moral character and provide police
records from places of prior residence.
· Primary
evidence of self-petitioner’s good moral character is her affidavit along with
a local police clearance or a state-issued criminal background.
Any VAWA self-petitioner who has been arrested
(even if charges were eventually dismissed) or may otherwise fall within INA §
101 (f) will need to provide in-depth explanations.
Individual applicants must remember that this
is a very complicated area of immigration law. Any Petitioner should always seek
the help of an experienced immigration attorney prior to attempting such
applications.
*** Magdalena Cuprys is the principal of Serving Immigrants,
a full-service immigration law firm offering a complete range of immigration
services to both businesses and individuals. The law firm is uniquely qualified
to manage the most contentious and unusual immigration needs. Swift resolution
of immigration-related issues is integral to a client’s ability to conduct
business or reach their personal goals in the United States. Located in Miami
and Clewiston, the firm’s offices provide corporate and individual clients of
foreign nationality with temporary work permits for the U.S., green card
petitions, criminal waivers and representation in removal proceedings cases.
With over a decade of experience, the law firm provides clients with the
confidence that their cases will be handled by an expert who understands their
needs and how to obtain their goals. Although the majority of the law firm’s
clients live in Florida, it represents people from all over the United States
and several foreign countries. References Law Firm Website: https://magdalenacupryslaw.com Other Website:
http://ww.servingimmigrants.com
Member for the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169
Lawyer Directory: https://www.lawyer.com/magdalena-ewa-cuprys.html
LinkedIn Profile: https://www.linkedin.com/in/magdalena-cuprys-265534a/
Martindale Attorney Directory: https://www.martindale.com/organization/magdalena-cuprys-2838433
Findlaw: https://pview.findlaw.com/view/4161404_1
Media News article “Broward Transitional Center: Immigrants With No Criminal
History Get Lengthy Stays At Little-Known Jail”, published at https://www.huffingtonpost.com/2013/01/06/broward-transitional-center-immigrants-detained_n_2417664.html
See also http://articles.sun-sentinel.com/2013-01-05/news/fl-private-immigration-jail-20130105_1_illegal-immigrants-deutch-human-rights-abuses/4
See also the news reports published at http://www.jambonewspot.com/new/little-known-jail-where-immigrants-in-us-with-no-criminal-history-get-lengthy-stays/
and https://www.wptv.com/news/state/immigrants-with-no-criminal-history-get-lengthy-stays-at-private-south-florida-facility
Ms. Cuprys recently prevailed in a hotly contested asylum cases against the
U.S. Department of Homeland Security, see press release at https://www.einpresswire.com/article/452266255/immigration-attorney-magdalena-cuprys-prevails-against-u-s-department-of-homeland-security-in-disputed-asylum-claim?r=pavx1xxw1Nt_HxqPVv
and https://www.prlog.org/12714538-in-disputed-asylum-claim-florida-immigration-attorney-magdalena-cuprys-prevails-against-dhs.html
Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq
Attorney News: https://attorneygazette.com/magdalena-cuprys#4ccbee9f-eb68-44a7-b1df-f0b2366ba5fb
Magdalena Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs. Swift resolution of immigration-related issues is integral to a client’s ability to conduct business or reach their personal goals in the United States. Located in Miami and Clewiston, the firm’s offices provide corporate and individual clients of foreign nationality with temporary work permits for the U.S., green card petitions, criminal waivers and representation in removal proceedings cases. With over a decade of experience, the law firm provides clients with the confidence that their cases will be handled by an expert who understands their needs and how to obtain their goals. Although the majority of the law firm’s clients live in Florida, it represents people from all over the United States and several foreign countries. References Law Firm Website: www.servingimmigrants.com Member for the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169 Lawyer Directory: https://www.lawyer.com/magdalena-ewa-cuprys.html LinkedIn Profile: https://www.linkedin.com/in/magdalena-cuprys-265534a/ Martindale Attorney Directory: https://www.martindale.com/organization/magdalena-cuprys-2838433 Findlaw: https://pview.findlaw.com/view/4161404_1 Media News article “Broward Transitional Center: Immigrants With No Criminal History Get Lengthy Stays At Little-Known Jail”, published at https://www.huffingtonpost.com/2013/01/06/broward-transitional-center-immigrants-detained_n_2417664.html See also http://articles.sun-sentinel.com/2013-01-05/news/fl-private-immigration-jail-20130105_1_illegal-immigrants-deutch-human-rights-abuses/4 See also the news reports published at http://www.jambonewspot.com/new/little-known-jail-where-immigrants-in-us-with-no-criminal-history-get-lengthy-stays/ and https://www.wptv.com/news/state/immigrants-with-no-criminal-history-get-lengthy-stays-at-private-south-florida-facility Ms. Cuprys recently prevailed in a hotly contested asylum cases against the U.S. Department of Homeland Security, see press release at https://www.einpresswire.com/article/452266255/immigration-attorney-magdalena-cuprys-prevails-against-u-s-department-of-homeland-security-in-disputed-asylum-claim?r=pavx1xxw1Nt_HxqPVv and https://www.prlog.org/12714538-in-disputed-asylum-claim-florida-immigration-attorney-magdalena-cuprys-prevails-against-dhs.html Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq Attorney News: https://attorneygazette.com/magdalena-cuprys#4ccbee9f-eb68-44a7-b1df-f0b2366ba5fb
