Statutes, such as the CNMI’s Domestic and Family Violence Prevention Act, the Manamko’ Physical Abuse and Mental Cruelty Act, and the Domestic Violence Criminal Act of 2004, make domestic violence a crime, and provisions of the criminal code forbid abuse and neglect of children. Most of us know about physical and mental domestic violence, and all of us, whether we realize it or not, know its victims. These cases are not pleasant to talk about, but it is vital that we recognize that they exist, and take action to provide relief.
There is an added dimension when the victim is the alien spouse, child or parent of a U.S. citizen abuser. Alien victims are often cowed into silence by threats that the abuser will not apply for the victim’s IR permit or petition for a green card, by threats to “turn in” the victim and have her deported, or by the threat of separation from children or (for child victims) parents. We regularly interview prospective immigration clients who have been held as virtual prisoners by an abusive spouse, never realizing that the U.S. Congress for years has provided relief for alien victims of domestic abuse.
Beginning with the passage of the original Violence Against Women Act of 1994, augmented by the Violence Against Women Act of 2000, the Battered Immigrant Women Protection Act of 2000 and the Violence Against Women Reauthorization Act of 2005 (collectively, “VAWA”), abused spouses, children and parents of U.S. citizens (and spouses and children of lawful permanent residents) can self-petition for U.S. permanent residence, without any involvement of the abuser. The victim does not have to continue to live with the abuser; an abused spouse can go forward with divorce and even a new marriage, and remain qualified under VAWA. The government waives most or all filing fees for VAWA self-petitioners, the majority of whom, in our experience, have few economic resources.
Who can self-petition?
Abused spouses, children and parents of U.S. citizens and spouses and children of permanent residents; and spouses of U.S. citizens and permanent residents whose children have been abused by the U.S. citizen or permanent resident spouse may self-petition. In addition, these VAWA applicants, except for abused parents of U.S. citizens, can include their alien children as derivative beneficiaries, whether or not those children are related to the abuser or have been abused.
Why is self-petitioning important?
Self-petitioning is a unique remedy for abused immediate relatives of U.S. citizens and permanent residents. Ordinarily the U.S. citizen or permanent resident must file a “Petition for Alien Relative” as part of the application package for permanent residence. The self-petition takes the abuser out of the picture, removing him from participation in the application process.
The CNMI, until Nov. 28, has a similar provision for abused spouses, allowing them to renew their IR permits without participation by the abusing U.S. citizen spouse, upon presentation of adequate proof.
What must the self-petitioner prove?
All VAWA applicants must prove: good moral character; the qualifying immediate relative relationship (good faith marriage or parent-child) to the abusive U.S. citizen or permanent resident; past or present residence with the abuser; and the existence of the battering or “extreme cruelty” which forms the basis for the self-petition. Court records, police reports, medical records, shelter and social service agency records, and the affidavits of family, friends or co-workers are all commonly used as proof, along with a detailed self-statement setting forth the nature of the abuse.
Who helps VAWA applicants?
For all domestic violence victims, the Department of Public Safety provides immediate protection; call 911 in emergency situations. Abuse or neglect involving a child should be reported to DPS or to the Division of Youth Services Child Protective Unit (664-2557). Karidat’s shelter, Guma Esperansa, provides not only safe shelter for both women and children, but also assistance with temporary restraining orders, transport to medical care, counseling and assistance to victims in other ways. In our experience the Guma Esperansa staff acts immediately and effectively to protect victims. Guma Esperansa can be reached through Karidat’s hotline, 234-5100.
Micronesian Legal Services Corporation’s supervising attorney, Jane Mack, confirmed to us that MLSC assists with VAWA applications for applicants who otherwise qualify for MLCS’s services. A VAWA applicant who does not qualify for MLSC’s help should seek the services of private immigration attorneys. We believe from conversations with colleagues that most CNMI attorneys who regularly practice in the immigration area accept VAWA clients.
This column is necessarily a very brief overview of a rather complex subject. We encourage everyone who suffers domestic abuse to seek assistance without delay.
The information contained in this column is intended as general information only, and not as individual legal advice. Readers should obtain professional legal advice before taking action with respect to their individual situations. Readers may submit questions regarding federalization or immigration issues to the authors by e-mail to [email protected]. Readers may also e-mail written questions through the Marianas Variety at [email protected].
