Lawyer introduction:
Welcome to Legal Thoughts, my name is Coleman Jackson, I am an attorney at Coleman Jackson Professional Corporation, a tax, litigation and immigration law firm in Dallas, Texas.
In addition to me, we have paralegal, Leiliane Godeiro, paralegals, Ayesha Jain and Mlaah Singh, and administrative assistant, Michelle Gutierrez.
In today's “Legal Thoughts” podcast, our administrative assistant, Michelle Gutiérrez, will continue her interview with our podcast guest, Ana Marcela Rodríguez, and me in our Immigration and Mental Health Series. Ms. Rodríguez is a mental health professional at Therapy Works Counseling.
This is a series of Legal Thoughts Podcasts where we address various topics related to immigration, mental health and trauma:
–The first podcast of our series of Immigration and Mental Health was produced and published a couple of weeks ago, “Immigration and Trauma.”
–This is the Second Podcast in this immigration and mental health series titled: “Violence against women (Domestic violence and immigration}”
The third and final podcast of our series Immigration and Mental Health will be “Limited English Proficiency and Microaggressions in American Culture.”
Interviewer's introduction:
Hello everyone and welcome back to Legal Thoughts! My name is Michelle Gutiérrez, I am an administrative assistant at the tax, contracts, litigation and immigration law firm of Coleman Jackson, Corporación Profesional. Our law firm is located at 6060 North Central Expressway, Suite 620, right here in Dallas, Texas.
This is the second podcast in our Legal Thoughts on Immigration and Mental Health podcast series. Today's topic is Violence against women (domestic abuse and immigration). Before I start with my questions on this important topic. I want to give a friendly welcome to our guest podcaster Ms. Ana Marcela Rodriguez and give her the opportunity to greet our audience at this time.
Guest podcaster introduction:
Good afternoon everyone; My name is Ana Marcela Rodríguez. It's great to be back on the Legal Thoughts Podcast.
I am a licensed marriage and family therapist and founder of Terapia Jobs Counseling; We specialize in bilingual counseling services and psychological evaluations for immigration.
I'm excited to begin our second podcast in this series on mental health and law.
Interviewer: Michelle Gutierrez, Administrative Assistant
Thank you very much Mrs. Marcela and welcome back to Pensamientos Legales.
For today's podcast episode, I will alternate my questions between Attorney Jackson and Mental Health Counselor Marcela. So let's get started.
Question number 1 for Attorney Jackson:
Mr. Jackson. What is your understanding of the Violence Against Women Law? What problems does it mainly aim to solve?
Attorney's Response: Coleman Jackson
Thank you Senorita Gutiérrez 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 modified 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 correct.
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 filed “family visa petition.” in his name for his 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 ever achieved for VAWA implementation. There is strong support for VAWA and a commitment to protecting and supporting victims of abuse, whether they are immigrants or others in the United States. Bottom line: VAWA was enacted and reauthorized multiple times to address violence against women and offer various types of support systems to survivors to combat abuse against women. Immigrants can seek protection from their abusers through these VAWA protections.
Interviewer Michelle Gutierrez, Administrative Assistant
Thank you for that clear explanation, Mr. Jackson. My next question is for Ana Marcela Rodríguez.
Question number 2 for Ana Marcela Rodríguez, mental health professional:
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?
Mental Health Professional Response: Ana Marcela Rodríguez
The Violence Against Women Act (VAWA) was enacted in 1994 to provide comprehensive legal protection and support services to 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 trafficking. Immigration policies and law enforcement practices can also pose barriers to seeking assistance or reporting abuse, as people may fear deportation or separation from their children.
Children of 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 to 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 Michelle Gutierrez, Administrative Assistant
Question number 3 for the lawyer, 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, don't judge, and allow them the space to tell their story without coaching. The lawyer must understand the facts. This listening task may require several meetings as the attorney seeks to determine what legal options are available.
Second, after gathering enough data to determine the legal options, the attorney should 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. 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 processing.
Fourth, the attorney must refer the abuse victim to
−Application of the law if justified;
−Domestic violence support groups, if warranted;
Mental health service providers when warranted
Interviewer Michelle Gutierrez, Administrative Assistant
Question number 4 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?
Mental Health Professional Response: Ana Marcela Rodríguez
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 to preserve 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 aware of 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 Michelle Gutierrez, Administrative Assistant
Question number 5 for the lawyer, 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 or her client to a competent attorney who regularly practices family law. The law is highly specialized and it is best to leave the practice of family law to Attorneys who regularly practice in the area.
Interviewer Michelle Gutierrez, Administrative Assistant
Question number 6 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 those who have suffered can turn to treatments and therapies on their own?
Mental Health Professional Response: Ana Marcela Rodríguez
Victims of domestic violence often require specialized psychological care to recover 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 deal with challenging emotions and situations.
Additionally, victims of domestic violence can 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 organizations or shelters, 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 care and psychological support they need to heal and move forward.
Interviewer Michelle Gutierrez, Administrative 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 is always available and it is important to look after 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 7 for the lawyer, Jackson:
Now, Mr. Jackson, what are the requirements and how can a victim of abuse apply for VAWA? How long should an abuse victim wait before receiving a response from USCIS to their VAWA petition? Can the victim work to support themselves during this waiting period? Does the abuse victim have to tell their abuser about their request or should the government tell the abuser about the filing? What happens once USCIS approves abuse victims' VAWA application?
Attorney's Response: Coleman Jackson
Let me first say that VAWA protects immigrants who are married to US citizens or lawful permanent residents; VAWA also protects parents of U.S. citizens or lawful permanent residents; and VAWA also protects the children of U.S. citizens and lawful permanent residents and their parents, who 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.
Secondly, let's talk about qualifications. 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 address them in that order. First, what is the qualification when the self-petitioner is a spouse:
- an abuser's spouse must prove that he or she is married to a U.S. citizen or lawful permanent resident or an abuser who has been USC or LPR.
- The spouse of an abuser must prove that the abuser is a US citizen or lawful permanent resident or has been a USC or LPR.
- The abuser's spouse must prove that the U.S. citizen or lawful permanent resident abused them during their marriage.
- The abuser's spouse must prove that the marriage was contracted in good faith.
- The abuser's spouse must prove that the abuse occurred within the United States.
- The spouse must prove that he or she lived with the abuser, and
- The spouse must prove that he or she is a person of good morals.
Second, what are the requirements for VAWA when the abuse victim is a child?
1.The abused child must prove that he or she is the son or daughter of a US citizen or LPR abuser.
2.The child of an abuser must prove that the abuser is a US citizen or lawful permanent resident or has been USC or LPR.
- The abuser's child must prove that he or she has been abused by the USC or LPR in the United States.
4.The child of an abuser must prove that he or she is living in the United States at the time the VAWA petition is filed.
5.The child of an abuser must prove that he or she lived with the abuser, and
6.The child of an abuser must demonstrate that he 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 he or she is a US citizen or the LPR abuser is his or her child.
- The Parent of an abuser must prove that the abuser is a US citizen or lawful permanent resident or has been USC or LPR.
- The abuser's parent must prove that his or her child abused him or her and that the abuse occurred within the United States.
- The Parent must prove that he or she lives or has lived with the abuser, and
- The Parente must demonstrate that he is a person of good moral character.
Let me group your other questions into a general discussion of the VAWA process.
first VAWA allows an abuse victim to file a self-petition with a designated USCIS VAWA Unit with complete confidentiality and privacy. The abuser is not notified of the filing.
In second place, USCIS's specially dedicated VAWA Unit sends the self-petitioner a notice within approximately two to three weeks after receiving the filing if the VAWA petition appears to be valid. The self-petitioner can take advantage of 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.
Thirdly, USCIS' specially dedicated VAWA Unit sends the self-petitioner an approval notice and a deferred action notice or denial notice. Currently, this review process takes up to three years. Upon receiving the approval notice, the self-petitioner may apply for work authorization and remain in the United States until a Lawful Permanent Visa is available. If the self-petition is based on abuse by a U.S. citizen, the self-petitioner may immediately apply for lawful permanent status, if he or she did not simultaneously file his or her VAWA petition and LPR application. Otherwise, they can apply for LPR and for those self-petitioners whose VAWA is based on an LPR abuser; 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 Michelle Gutierrez, Administrative Assistant
Our listeners who want to hear more podcasts like this, 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 website, which is www.cjacksonlaw.com and selecting your preferred language. Take care everyone! And come back in about two weeks for more information on taxes, business structuring, contract litigation, and immigration legal thoughts from Coleman Jackson, P.C., located 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 | Portuguese calls: 214-272-3100
Attorney: Coleman Jackson
Thank you very much Ana for joining me today in the continuation of our Legal Thoughts Podcast on Immigration and Law. 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 suffer 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 answered in 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 at the bottom of our law firm website.
