Domestic Violence Victims in Arizona Illegally Now Face Legal Limbo

Arizona's controversial immigration bill, SB-1070, has had far reaching consequences for some Arizona residents. That consists undocumented victims of domestic violence who are dwelling in Arizona. These domestic violence sufferers face a lawful limbo: while some may succeed for a modification of legal status, they worry contacting police to begin the procedure, as getting hold of police may actually trigger their deportation.

VAWA Allows Adjustment of Status - But it May Take Up To a Year
sufferers of domestic violence who are in the country illegitimately actually do have the choice of adjusting their status to settle in the United States lawfully under the Violence Against Women Act (VAWA), a law passed in 1994. VAWA specifically enables aliens who have been "battered or subject to extreme cruelty" to apply for a modification of status if their batterer was a spouse or parent who is a U.S. citizen or lawful steady inhabitant and they have settled in the U.S. at least three years. In 2000, another category was added to permit fatalities of criminal activity to apply with United States Citizenship and Immigration Services (USCIS) for a U visa if they submit to cooperate in the investigation or prosecution of a crime. These victims do not have to be married to their abuser, nor does the abuser have to be a U.S. citizen or lawful steady inhabitant. Only 10,000 U visas are granted annually.

assessment of a self-petition for adjustment of status under VAWA or an application for a U visa can take up to one year. There is no security that the Department of Justice will approve a petition under VAWA. Similarly, USCIS may not permit a U visa application. In fact, USCIS is only allowed to grant 10,000 U visa applications each year. There is no boundary to the number of self-petitions granted under VAWA.

Domestic Violence Victims in Arizona Are Unsure of Best Route
Since SB-1070 was passed, domestic violence advocates have noticed that fewer women and children are coming to shelters. Advocates fear that women who are in Arizona eligitimately may fear deportation if they state their abuser or attempt to leave him.

Another hurdle for domestic violence sufferers who desire to pursue modification of status under VAWA is that they must call a police for certification before they even apply for an modification of status. This opens to the door to deportation. Even after a domestic violence victim applies for modification of status, USCIS only provide a receipt for the petition - this receipt does not qualify as a document that proves the applier is in the country legally. The victim of domestic violence will jeopardize deportation until the request isapproved or rejected.

Thus fatalities of domestic violence Arizona now face a lawfull limbo unless SB-1070 is overturned.

In many cases, rather than apply for legal protections under the law, the fatalities of domestic abuse may decide to live with their abuser. But perhaps the law will require some sufferers to shift away from their abusers, even departing the state entirely to avoid having contact with law enforcement? No research or reports have been listed to document whether this unintentional effect is happening, however.

Advocacy Group Legal Momentum Files Suit Against SB-1070
Most advocates believe that SB-1070 has left sufferers of domestic violence with few of options to keep them secure. Advocacy Group Legal Momentum has joined in a suit challenging SB-1070. A former domestic violence sufferer and unlawfully immigrant has even confirmend before Congress that SB-1070 will probably avert domestic violence sufferer from revealing maltreatment to US Immigration enforcement.

For now, key parts of SB-1070 are not in effect while courts decide whether SB-1070 is constitutional. Still, many fatalities are arranging for the most horrible and are either getting ready to leave the state or to endure the violence in their lives with no recourse.