Welcome to Legal Thoughts
Lawyer introduction:
My name is Coleman Jackson and I am an attorney at Coleman Jackson, P.C., a tax, litigation and immigration law firm based in Dallas, Texas. In addition to me, we have a paralegal, Leiliane Godeiro, paralegals, Ayesha Jain and Mlaah Singh, and administrative assistant, Michelle Gutierrez. On today’s “Legal Thoughts” podcast, our paralegal, Mlaah Singh, will be interviewing me and my guest, Ana Marcela Rodríguez, a mental health professional at Therapy Works Counseling, as we discuss the law, mental health, and psychology as it affects those seeking legal services. This is a series of podcasts:
The first podcast in this series is “Immigration and trauma”
The second podcast in this series is “Violence against women (domestic violence and immigration)”
The third podcast in this series is “Limited English Proficiencies and Microaggressions in American Culture”
Interviewer introduction:
Hello everyone, my name is Mlaah Singh and I am a paralegal at the tax, contracts, litigation and immigration law firm of Coleman Jackson, Professional Corporation. Our law firm is located at 6060 North Central Expressway, Suite 620, right here in Dallas, Texas.
This is the second podcast in our podcast series of legal thoughts on immigration and mental health. Today's topic is Violence Against Women (Domestic Abuse and Immigration). Before I start with my questions on this important topic. I want to warmly welcome our guest podcaster, Ms. Ana Marcela Rodrigues, and give her the opportunity to greet our audience at this time.
Guest podcaster introduction:
Good afternoon everyone; My name is Ana Marcela Rodríguez. I am a licensed marriage and family therapist and founder of Therapy Works Counseling, we specialize in bilingual counseling services and psychological evaluations for immigration. I'm excited to begin our first podcast in this series on mental health and the law.
Interviewer: Mlaah Singh, Paralegal:
Thank you very much Ms. Marcela and welcome back to Legal Thoughts. This time I'm going to switch things up a bit and alternate my questions between Attorney Jackson and Mental Health Counselor Marcela. So, let's get started.
Question number one for the lawyer, Jackson:
What is the Violence Against Women Law? What problems does it mainly aim to solve?
Attorney's Response: Coleman Jackson:
Thanks to Ms. Singh for such a fundamental question. The Violence Against Women Act, commonly known as VAWA, was originally enacted in 1994 during the administration of President Bill Clinton. VAWA has been amended and reauthorized several times. The most recent amendment and reauthorization occurred on September 13, 2023 under the Biden-Harris Administration.
VAWA was enacted to address a widespread problem in American society at large. Violence against women in the form of sexual assault, domestic violence, dating violence, and stalking are the types of evil and vile behavior that VAWA is designed to address. As it relates to immigration, VAWA was enacted to give some abused noncitizens a way out of abusive relationships with U.S. citizen parents, spouses, and children who hold them hostage because their immigration status in the United States depends on a “family visa petition” filed on their behalf by their family member. Violence gives the abuse victim a way out of their abusive relationship by allowing them to petition themselves to be allowed to remain in the United States without the need to depend on their abuser.
In 2023, President Biden signed a VAWA Reauthorization Act of 2022, expressing strong support for VAWA and securing the highest level of funding in history for VAWA implementation. There is strong support for VAWA and a commitment to the protection and support of victims of abuse, whether immigrants or others in the United States. So, in a nutshell: VAWA has been enacted and reauthorized several times to address violence against women and to offer various types of support systems to survivors in the fight against abuse against women. Immigrants can seek protection from their abusers through these VAWA protections.
Interviewer: Mlaah Singh, Paralegal:
Interviewer's Comment: Thank you for that clear explanation, Mr. Jackson. Hopefully those who haven't heard of the Violence Against Women Act can now understand it a little better. So, moving forward, my next question is for Ana Marcela Rodríguez.
Question number two for Ana Marcela Rodríguez:
What circumstances justify the application of the Violence Against Women Law? What are the issues that children and women go through in relation to immigration processes specifically?
Guest podcaster: Ana Marcela Rodríguez, Mental Health Professional:
The Violence Against Women Act (VAWA) was enacted in 1994 to provide comprehensive legal protections and support services for women who have experienced domestic violence, sexual assault, dating violence, and stalking. Circumstances that justify the application of VAWA include cases of physical, emotional or psychological abuse against women. This may include situations where women are unable to leave their abusive partners due to their immigration status, fear of deportation, or lack of financial resources.
Immigrant women and children face unique challenges and vulnerabilities when navigating the immigration process. Women, especially those with undocumented status, may be particularly susceptible to exploitation and abuse, including sexual assault and human trafficking. Immigration policies and law enforcement practices can also pose barriers to seeking help or reporting abuse, as people may fear deportation or separation from their children.
Children from immigrant families may also experience trauma and stress as a result of family separation, detention, or fear of deportation. Additionally, migrant women and children may face barriers in accessing legal and social services, which may exacerbate their vulnerability to violence and exploitation.
Overall, the issues that immigrant women and children face in relation to immigration processes are complex and multifaceted. Implementation of VAWA is crucial to providing protection and support to these vulnerable populations.
Interviewer: Mlaah Singh, Legal Assistant
Thank you Ms. Rodríguez. It is truly disheartening to hear stories and testimonies from victims of abuse, neglect and harm. So, Mr. Jackson,
Question number three for Attorney Jackson
How can lawyers protect victims of violence? What specific legal strategies or approaches do you find most effective in helping immigrant victims of domestic violence or sexual assault seek immigration relief under the Violence Against Women Act (VAWA)?
Attorney's Response: Coleman Jackson
Legal professionals can help victims of violence in the following ways: Listen carefully, be patient, do not judge, and allow them the space to tell their story without coaching them. The lawyer must understand the facts. This listening task could take several meetings as the attorney seeks to determine what legal options are available. Second, after gathering enough facts to determine the legal options, the lawyer must explain the legal option: its requirements, problem points, and other factors that the client should be aware of. Third, the attorney should let the abuse victim decide whether she wants to pursue the legal options available to her. Once the victim decides to proceed with legal options, legal professionals must form a trusted team with the abuse victim and methodically document the case, present the case, and advocate for the victim. This includes continued contact and encouragement of the victim and keeping them informed of the status of their case. Fourth, the attorney must refer the abuse victim to
the application of the law if justified;
Domestic violence support groups if warranted;
Mental health service providers when warranted
Interviewer: Mlaah Singh, Legal Assistant
Thank you, Mr. Jackson. It is with a hopeful approach that the work lawyers do can truly change people's lives. Legislation is often not on the same side as the best interests of an individual. So, thank you for your service and attention to those who deserve it.
Question number four for Ana Marcela Rodríguez, mental health professional:
Ms. Rodríguez, In your experience, how do cultural factors and immigration status contribute to the manifestation and treatment of trauma among women seeking support under VAWA? Are there specific cultural considerations that mental health professionals should take into account when working with this population?
Guest podcaster: Ana Marcela Rodríguez, Mental Health Professional:
Cultural factors and immigration status contribute significantly to the manifestation and treatment of trauma among women seeking support under the Violence Against Women Act (VAWA). Immigrant women often face unique challenges, such as language barriers, lack of social support, and fear of deportation. Additionally, cultural norms and expectations around gender roles and interpersonal relationships can affect how women experience and cope with trauma.
For example, in some cultures, women may be expected to endure abuse silently in the interest of preserving family honor, which may make it difficult for them to seek help. Additionally, their immigration status may limit their access to resources and support services, leading to greater isolation and vulnerability to trauma.
Mental health professionals working with this population must be aware of these cultural considerations. It is crucial that they approach therapy with cultural humility, recognizing and respecting the unique experiences and coping mechanisms of immigrant women. Creating a safe and supportive environment that takes into account your cultural background and immigration status is essential for effective treatment. Additionally, mental health professionals should be well-informed about VAWA and immigration policies that impact these women's access to resources and support. By understanding and addressing these specific cultural factors, mental health professionals can better support immigrant women in their healing and recovery from trauma.
Interviewer: Mlaah Singh, Legal Assistant
Thank you Ms. Rodriguez, I hope that seeking representation and protection under the Violence Against Women Act becomes more accessible over time.
Question number five for Coleman Jackson
So, Mr. Jackson, in cases involving protective orders and family court proceedings under VAWA, what legal considerations and challenges should attorneys take into account to ensure the best possible outcomes for their clients?
Attorney's Response: Coleman Jackson
The best thing an attorney can do regarding family law matters, such as protective orders, custody issues, and the like, is to refer his client to a competent attorney who regularly practices family law. The law is highly specialized and the practice of family law is best left to attorneys who regularly practice in the area.
Interviewer: Mlaah Singh, Legal Assistant
Definitely, taking into account all the possible obstacles, it is best to be respectful of their feelings, fears and limits.
Question number six for Ana Marcela Rodríguez, mental health professional
So, Mrs. Rodríguez, what types of psychological care are most recommended for victims of domestic violence? What are the ways in which people who have suffered can turn to treatments and therapies on their own?
Guest podcaster: Ana Marcela Rodríguez, Mental Health Professional:
Victims of domestic violence often require specialized psychological care to heal from the trauma they have experienced. It is recommended that victims seek therapy that focuses on trauma, such as cognitive behavioral therapy and trauma-focused therapy. These types of therapy can help people address and process the emotional and psychological impact of the abuse they have suffered, as well as develop coping mechanisms to navigate challenging emotions and situations.
Additionally, victims of domestic violence may benefit from joining support groups where they can connect with others who have had similar experiences. This can provide a sense of community and validation, as well as opportunities to gain perspective and tools to manage your trauma.
For those who have experienced domestic violence, seeking treatment and therapy can be a critical step toward healing. There are a variety of resources available for people to access therapy and support on their own, such as contacting local domestic violence shelters or organizations, finding therapists who specialize in trauma and abuse, and exploring online therapy options.
Ultimately, it is important for victims of domestic violence to prioritize their mental and emotional well-being by seeking the psychological care and support they need to heal and move forward.
Interviewer: Mlaah Singh, Legal Assistant
For listeners, be sure to take the time to seek help, support, and treatment, even if it's hard to find. Help and support are always available, and it is important to take care of your own mental health during such difficult times. Also, do not hesitate to contact Ms. Rodríguez at the number (972-695-3421) and the link to her page is www.therapyworkscounseling.com
Question number seven for Coleman Jackson
Now, Mr. Jackson, what are the requirements and how does an abuse victim apply for VAWA? How long should an abuse victim wait before receiving a response from USCIS regarding their VAWA petition? Can the victim work to support themselves during this waiting period? Does the abuse victim have to inform their abuser of their request or must the government inform the abuser of the filing? What happens once USCIS approves the VAWA application for victims of abuse?
Attorney's Response: Coleman Jackson
Let me first say that VAWA protects immigrants who are married to United States citizens or lawful permanent residents, VAWA also protects parents of United States citizens or lawful permanent residents; and VAWA also protects children of United States citizens and lawful permanent residents and their parents who, themselves, were not abused, but their children were abused by a USC or LPR. VAWA allows some abused immigrants to apply for Lawful Permanent Resident status on their own.
Second, let's talk about ratings. Who can apply for VAWA? The requirements depend on whether the abuse victim is the abuser's spouse, or the abuser's child, or the abuser's parent. Let me deal with them in that order. First, what is the requirement when the self-petitioner is a spouse?
The spouse of an abuser must prove that he or she is married to a United States citizen or legal permanent resident or an abuser who has been a United States citizen or legal resident.
The spouse of an abuser must prove that the abuser is a United States citizen or legal permanent resident or has been a United States citizen or legal resident.
The abuser's spouse must prove that the United States citizen or lawful permanent resident abused them during their marriage.
The abuser's spouse must prove that the marriage was entered into in good faith.
The abuser's spouse must prove that the abuse occurred within the United States.
The spouse must prove that he/she lived with the aggressor, and
The spouse must prove that he or she is a person of good moral character.
Next, what are the requirements for VAWA when the abuse victim is a child?
The abused child must prove that he or she is the son or daughter of a United States citizen or an LPR abuser.
The child of an abuser must prove that the abuser is a United States citizen or legal permanent resident or has been a United States citizen or legal resident.
The abuser's child must prove that he or she has been abused by the USC or LPR in the United States.
The child of an abuser must prove that he or she lives in the United States at the time the VAWA petition is filed.
The child of an abuser must prove that he/she lived with the abuser, and
The child of an abuser must prove that he or she is a person of good moral character.
Third, what are the requirements for VAWA when the abuse victim is a parent?
The abused parent must prove that the abuser is a US citizen or LPR.
The parent of an abuser must prove that the abuser is a United States citizen or legal permanent resident or has been a United States citizen or legal resident.
The abuser's father must prove that his child abused him and that the abuse occurred within the United States.
The parent must prove that they live or have lived with the aggressor, and
The father must prove that he is a person of good moral character.
Let me group your other questions into a discussion of the overall VAWA process in general. First, VAWA allows an abuse victim to file a self-petition with a USCIS-designated VAWA Unit with complete confidentiality and privacy. The aggressor is not notified of the presentation. Second, USCIS' specially dedicated VAWA Unit sends the self-petitioner a notification within approximately two to three weeks after receiving the filing if the VAWA petition appears to be valid. The self-petitioner can take this notice to receive certain public benefits, such as Medicare, and some other public benefits. But the Prima Facie Eligibility Notice does not authorize the self-petitioner to work.
Third, USCIS' specially dedicated VAWA Unit sends the self-petitioner an approval notice and a deferred action notice or a denial notice. Upon receiving notification of approval, the self-petitioner may apply for work authorization and remain in the United States to wait for a lawful permanent visa to become available. If the self-petition is based on abuse by a United States citizen, the self-petitioner may immediately apply for lawful permanent status, if they did not simultaneously file their VAWA petition and their LPR application. Otherwise, those self-petitioners whose VAWA is based on an LPR abuser may apply for LPR; They must wait to apply until an immigrant visa becomes available. Once the self-petitioner files their adjustment of status (if located in the United States); They can remain in the US until their adjustment request is decided. If the self-petitioner is not in the United States when an immigrant visa is available, he or she must apply for an immigrant visa at the United States Consulate Office abroad. Finally, in the event that the VAWA Unit has sent the self-petitioner a notice of denial, the immigrant is subject to removal from the United States.
Interviewer: Mlaah Singh, Legal Assistant
Thank you for such a clear answer, Mr. Jackson. You have made it very clear for listeners to understand how the Violence Against Women Act can be applied. Hopefully our listeners learned something today that can help them, their peers, or even their understanding of immigration and abuse.
Our listeners who want to hear more podcasts like this, please subscribe to our Legal Thoughts Podcast on Apple Podcast, Google Podcast, Spotify or wherever you listen to your podcast. You can also read our law firm blogs on our website in English, Spanish and Portuguese by visiting our law firm's website, which is www.cjacksonlaw.com and selecting your preferred language. Take care everyone! And come back in about two weeks, for more tax, business structuring, contract litigation, and immigration Legal Thoughts from Coleman Jackson, P.C., located right here in Dallas, Texas at 6060 North Central Expressway, Suite 620, Dallas, Texas 75206.
Calls in English: 214-599-0431 | Calls in Spanish: 214-599-0432 | Calls in Portuguese: 214-272-3100
Attorney: Coleman Jackson
ATTORNEY'S FINAL COMMENTS:
Thank you very much Ana for joining me today in the continuation of our Legal Thoughts Immigration and the Law Podcast. Today's podcast, which is our second podcast in the series, is Violence against women (domestic abuse and immigration).
Our listeners should stay tuned for future podcasts in this series in which Ana and I answer questions about the Violence Against Women Act's protections for immigrants who experience inhumane and unfair treatment at the hands of a U.S. citizen parent, child, or spouse; and Episode 3 where we answer questions on the topic: Limited English Proficiency and Microaggressions in American Culture. As usual, we invite our audience to suggest topics and questions about matters they want answers to involving international, federal, state and local tax matters; contracts, litigation; and business, family and humanitarian immigration. You can read our blogs or contact us on our law firm website, which is www.therapyworkscounseling.com Navigate to English and Spanish using the language selection bottom on our law firm website.
