Legal Thoughts –  Episode 2 of Violence Against Women (Domestic Violence and Immigration)

COLEMAN JACKSON, ATTORNEY & COUNSELOR AT LAW | Transcript of Legal Thoughts

Published February 5, 2024

 

Welcome to Legal Thoughts

Attorney Introduction:

My name is Coleman Jackson and I am an attorney at Coleman Jackson, P.C., a taxation, litigation and immigration law firm based in Dallas, Texas. In addition to myself, we have a Legal Assistant, Leiliane Godeiro, Law Clerks, Ayesha Jain and Mlaah Singh, and Admin Assistant, Michelle Gutierrez. On today’s “Legal Thoughts” podcast, our Law Clerk, Mlaah Singh, will be interviewing me and my guest, Ana Marcela Rodríguez, a mental health professional with Therapy Works Counseling as we talk about law, mental health and psychology where it impacts those seeking legal services. This is intended to be 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:

Hi everyone, my name is Mlaah Singh and I am a Law Clerk 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 Legal Thoughts Podcast Series on immigration and mental health. Today’s topic is Violence Against Women (Domestic Abuse and Immigration). Before I get started with my questions on this important topic. I want to warmly welcome by our guest podcaster Mrs. Ana Marcela Rodrigues and give her a chance 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 specialized in bilingual counseling services and psychological evaluations for immigration. I’m excited to get started with our first podcast in this series on mental health and the law.

Interviewer: Mlaah Singh, Law Clerk:

Thank you so much Mrs. Marcela and welcome back to Legal Thoughts. This time I am going to change up a bit and alternate my questions between Attorney Jackson and Mental Health Counselor Marcela. So, let’s get started.

Question Number One for Attorney, Jackson:

What is the Violence Against Women Act? What problems does it primarily aim to solve?

Attorney Answer: Coleman Jackson:

Thanks Ms. Singh for such a foundational question. The Violence Against Women Act commonly referred to as VAWA, was originally enacted in 1994 during President Bill Clinton’s Administration. VAWA has been amended and reauthorized several times. The most recent amendment and reauthorization occurred in September 13, 2023 under the Biden-Harris Administration.

VAWA was enacted to address a widespread problem in American societyin general. Violence against women in the form of sexual assault, domestic violence, dating violence and stalking are the types of evil and base behaviors that VAWA is designed to fix. As it relates to immigration, VAWA was enacted to give some abused noncitizens a way out of abusive relationships with United States citizen parents, spouses and children who hold them hostage because their immigration status in the United States depends upon a “family visa petition” filed on their behalf by their family member. Violence gives the abuse victim a door out of their abusive relationship by permitting them to self-petition to be allowed to stay in the United States without the need to rely on their abuser.

In 2023, President Biden signed a VAWA Reauthorization Act of 2022 and expressed strong support for VAWA and secured the highest-ever funding level for VAWA implementation. There is strong support for VAWA and commitment for the protection and support for abuse victims whether they are immigrants or others in the United States.So in a nutshell: VAWA was enacted and reauthorized several times to solve violence against women and offer various kinds of survivor support systems in combating abuse against women. Immigrants can seek protection from their abusers through these VAWA protections.

Interviewer: Mlaah Singh, Law Clerk:

Interviewer Comment: Thank you for that clear explanation Mr. Jackson. Hopefully those who have not heard about the Violence Against Women Act can now understand it a bit better. So, moving forward, my next question is for Ana Marcela Rodriguez.

Question Number Two for Ana Marcela Rodriguez:

What circumstances warrant the application of the Violence Against Women’s Act? What are the issue topics that children and women go through as it relates to the processes of immigration specifically?

Guest Podcaster: Ana Marcela Rodriguez, Mental Health Professional:

The Violence Against Women’s 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. The circumstances that warrant the application of VAWA include instances of physical, emotional, or psychological abuse against women. This may include situations where women are unable to leave abusive partners due to 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 enforcement practices can also pose barriers to seeking assistance or reporting abuse, as individuals 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, immigrant women and children may face obstacles in accessing legal and social services, which can exacerbate their vulnerability to violence and exploitation.

Overall, the issues that immigrant women and children face as it relates to the processes of immigration are complex and multifaceted. The implementation of VAWA is crucial in providing protections and support for these vulnerable populations.

Interviewer: Mlaah Singh, Law Clerk

Thank you Mrs. Rodriguez. It is truly disheartening to hear stories and testimony from victims of abuse, neglect, and harm. So, Mr. Jackson,

Question Number Three For Attorney Jackson

In what ways can lawyers protect victims of violence? What specific legal strategies or approaches do you find most effective when assisting immigrant victims of domestic violence or sexual assault in seeking immigration relief under the Violence Against Women Act (VAWA)?

Attorney Answer: Coleman Jackson

Legal Professionals can help victims of violence in the following ways: Listen to them carefully, be patient, do not be judgmental 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 lawyer seeks to determine what legal options are available. Second, after gathering sufficient facts to determine the legal options, the lawyer must explain the legal option: its requirements, trouble spots and other factors the client should know. Third, the lawyer must let the abuse victim decide whether they want to pursue the legal options available to them. Once the victim decides to proceed with legal options, the legal professionals must form a trusted team with the abuse victim and methodically document the case, file the case and advocate for the victim. This includes continuous contact and encouragement of the victim and keeping the victim informed on the processing status of their case. Fourth the lawyer should refer the abuse victim to

1. law enforcement if warranted;
2. Domestic violence support groups if warranted;
3. Mental health service providers when warranted

Interviewer: Mlaah Singh, Law Clerk

Thank you Mr. Jackson. It is with a hopeful approach that the work lawyers do can truly change people’s lives. Legislation is oftentimes not on the same side as an individual’s best interest. So, thank you for your service and attention to those who deserve it.

Question Number Four for Ana Marcela Rodriguez, a Mental Health Professional:

Mrs. Rodriguez, In your experience, how do cultural factors and immigration status contribute to the manifestation and treatment of trauma among women seeking support under the VAWA? Are there specific cultural considerations that mental health professionals should be aware of when working with this population?

Guest Podcaster: Ana Marcela Rodriguez, Mental Health Professional:

Cultural factors and immigration status significantly contribute 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 surrounding gender roles and interpersonal relationships can impact the way women experience and cope with trauma.

For example, in some cultures, women may be expected to endure abuse in silence for the sake of preserving family honor, which can make it difficult for them to seek help. Furthermore, 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 for them to approach therapy with cultural humility, acknowledging and respecting the unique experiences and coping mechanisms of immigrant women. Creating a safe and supportive environment that takes into account their cultural background and immigration status is essential for effective treatment. Additionally, mental health professionals should be knowledgeable about the 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, Law Clerk

Thank you Mrs. Rodriguez, hopefully seeking out representation and protection underneath the Violence Against Women’s Act only gets more accessible over time.

Question Number Five for Coleman Jackson

So, Mr. Jackson, In cases involving protection orders and family court proceedings under VAWA, what legal considerations and challenges should lawyers be mindful of to ensure the best possible outcomes for their clients?

Attorney Answer: Coleman Jackson

The best thing for a lawyer to do with respect to family law matters, such as protective orders, custody issues and the like is refer their client to a competent lawyer who regularly practices family law. Law is highly specialized and its best to leave family law practice to attorney’s who regularly practices in the area.

Interviewer: Mlaah Singh, Law Clerk

Definitely, with all potential obstacles considered, it is best for there to be respectful of their feelings, fears, and boundaries.

Question Number Six for Ana Marcela Rodriguez, a Mental Health Professional

So Mrs. Rodriguez, What types of psychological attention are most recommended to victims of domestic violence? What are ways in which those who have suffered can turn to treatments and therapy on their own?

Guest Podcaster: Ana Marcela Rodriguez, Mental Health Professional:

Victims of domestic violence often require specialized psychological attention in order to heal from the trauma they have experienced. It is recommended that victims seek out therapy that focuses on trauma, such as cognitive behavioral therapy and trauma-focused therapy. These types of therapy can help individuals to address and process the emotional and psychological impact of the abuse they have endured, as well as develop coping mechanisms for navigating challenging emotions and situations.

In addition, 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 for managing their trauma.

For those who have suffered from domestic violence, seeking out treatment and therapy can be a critical step towards healing. There are a variety of resources available for individuals to access therapy and support on their own, such as contacting local domestic violence shelters or organizations, searching for 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 out the psychological attention and support that they need in order to heal and move forward.

Interviewer: Mlaah Singh, Law Clerk

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 Seven for Coleman Jackson

Now, Mr. Jackson, What are the qualifications and how does an abuse victim apply for VAWA? How long must an abuse victim wait before they receive an answer from USCIS on their VAWA petition? Can the victim work to support themselves during this wait period? Does the abuse victim have to tell their abuser about their application or must the government tell the abuser about the filing? What happens once USCIS approves the abuse victims VAWA application?

Attorney Answer: 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 parent who, themselves were not abused but their child were abused by a USC or LPR. VAWA allows some abused immigrants to self-petition for Lawful Permanent Resident status.

Second, let’s talk about qualifications. Who can apply for VAWA? The requirements depends upon whether the abuse victim is the spouse of the abuser, or child of the abuser or parent of the abuser. Let me deal with these in that order. First what is the qualification when the self-petitioner is a spouse:

1. the spouse of an abuser must prove that they are married to a United States Citizen or Lawful Permanent Resident or an abuser who has been a USC or LPR.
2. The spouse of an abuser must prove that the abuser is a United States Citizen or Lawful Permanent Resident or has been an USC or LPR.
3. The spouse of the abuser must prove that the United States Citizen or Lawful Permanent Resident abused then during their marriage.
4. The spouse of the abuser must prove that the marriage was entered into in good faith.
5. The spouse of the abuser must prove that that the abuse occurred inside the United States.
6. The spouse must prove that she lived with the abuser, and
7. The spouse must prove that she is a person of good moral character.

 

Next, what are the qualifications for VAWA when the abuse victim is a child:

1. The abused child must prove that they are the son or daughter of a United States Citizen or LPR Abuser.
2. The child of an abuser must prove that the abuser is a United States Citizen or Lawful Permanent Resident or has been an USC or LPR.
3. The child of the abuser must prove that they have been abused by the USC or LPR in the United States.
4. The child of an abuser must prove that she is living in the United States at the time the VAWA petition is filed.
5. The child of an abuser must prove that she lived with the abuser, and
6. The child of an abuser must prove that she is a person of good moral character.

 

Third, what are the qualifications for VAWA when the abuse victim is a parent:

1. The abused parent must prove that United States Citizen or LPR Abuser is their child.
2. The parent of an abuser must prove that the abuser is a United States Citizen or Lawful Permanent Resident or has been an USC or LPR.
3. The parent of the abuser must prove that their child abused them and that the abuse occurred inside the United States.
4. The parent must prove that she or he lives with or have lived with the abuser, and
5. The parent must prove that she or he is a person of good moral character.

 

Let me lump your other questions into a discussion of the overall VAWA Process generally. First VAWA allows an abuse victim to file a self-petition with a designated USCIS VAWA Unit in complete confidentiality and privacy. The abuser is not notified of the filing. Second, the USCIS’ specially dedicated VAWA Unit sends the self-petitioner a notice within about two to three weeks after receipt of 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 Notice of Prima Facie Eligibility does not authorize the self-petitioner to work.

 

Third, the USCIS specially dedicated VAWA Unit sends the self-petitioner an approval notice and notification of deferred action or a denial notice This review process takes up to three years currently. Upon receipt of the approval notice, the self-petitioner can 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 can immediately file for lawful permanent status, if they did not concurrently file their VAWA petition and LPR application. Otherwise, they can file for LPR and those self-petitioners whose VAWA is based on a LPR abuser; they must wait to file until a immigrant visa becomes available. Once the self-petitioner file their adjustment of status (if they are in the United States); they can remain in the U.S. until their adjustment application is decided. If the self-petitioner is not in the United States when an immigrant visa becomes available, they must apply for an immigrant visa at the U.S. Consulates Office abroad. Finally, in the event the VAWA Unit sent the self-petitioner a denial notice, the immigrant is subject to removal from the United States.

Interviewer: Mlaah Singh, Law Clerk

Thank you for such a clear answer Mr. Jackson. You have made it very clear for listeners to understand how the Violence Against Women’s Act can be applied. Hopefully, our listeners have learned something today that can potentially help them, their peers, or even their understandings of immigration and abuse.

Our listeners who want to hear more podcasts like this one 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’s blogs on our website in English, Spanish and Portuguese by going to our law firm’s website, which is, www.cjacksonlaw.com and selecting your preferred language. Everybody take care! And come back in about two weeks, for more taxation, business structuring, contracts 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.

 

English callers: 214-599-0431 | Spanish callers: 214-599-0432 |Portuguese callers: 214-272-3100

 

Attorney: Coleman Jackson

 

ATTORNEY’S CLOSING REMARKS:

Thank you very much Ana for joining me today on the continuation of our Legal Thoughts Podcast Immigration and the Law. Todays 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 where Ana and I answer questions about the Violence Against Women Act protections for immigrants experiencing inhumane and unjust treatment at the hands of a United States citizen parent, child or spouse; and Episode 3 where we answer questions on the topic: Limited English Proficiencies and microaggressions in American Culture. As usual, we invite our audience to suggest topics and questions on matters they desire to know answers for involving international, federal, and 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’s website which is www.cjacksonlaw.com. Navigate to English, Spanish or Portuguese by using the language selection bottom on our law firm’s website.

 

If you want to see or hear more taxation, business structuring and contracts litigation and immigration LEGAL THOUGHTS from Coleman Jackson, P.C. Subscribe to our Legal Thoughts Podcast on Apple Podcast, Google Podcast, Spotify or wherever you listen to your podcast. Stay tuned! We are here in Dallas, Texas and want to inform, educate and encourage our communities on topics dealing with taxation, litigation and immigration. Until next time, take care