Immigration, Domestic Violence, and What the Family Practitioner Should Know

Florida is a popular place for people from other countries to live because of the nice weather and beaches. Many noncitizens come to Florida looking for a better life and more freedom. Miami has the most noncitizens of any city in the world. Because of this, Florida lawyers often have to deal with immigration law when helping noncitizen clients with family law issues. This includes helping immigrant victims of domestic abuse and understanding how state and federal laws affect their cases. It’s important for family law attorneys in Florida to be aware of these special considerations when working with noncitizen clients. Victims of domestic violence, especially those with immigration issues, face many challenges in seeking help and escaping their abuser. Many are afraid to seek help because they think they won’t be protected or that they or their abuser will be deported. But there are organizations like the Florida Coalition Against Domestic Violence that can connect them with services and support, and other advocacy groups specifically serve immigrant communities. Some of these organizations include the Florida Immigrant Advocacy Center, the Haitian Refugee Domestic Violence Project, World Relief, Lutheran Social Services, and Catholic Charities. These organizations can help victims of domestic violence, regardless of their immigration status. If you are a victim of domestic violence, you can ask the court for protection. This could include staying away from your abuser, getting temporary use of your home, and getting help with child custody and support. The court can also order your abuser to get help for their behavior. You can ask for this protection no matter where you live or where the abuse happened. If your abuser breaks these rules, there are ways for the law to help protect you. If an immigrant victim of domestic violence has a protective order from another state, it is also valid in Florida. They can also get divorced from their abuser, but they should make sure their immigration status is secure. The victim has the right to ask for custody of children, financial support, and protection from the abuser’s threats. If a noncitizen is a victim of domestic violence and has a child with the abuser, they can file for paternity to get child support without worrying about being reported to immigration authorities. It’s important to establish paternity and correct the child’s birth records if they were born in the United States. This will help the child get medical treatment and education. If the victim can’t get a restraining order, they can still get child support through a paternity action. It’s also important for noncitizens to be aware of their rights if they are accused of a crime and to get support from a victim advocate or support network. Immigration law and criminal court have different rules for guilty pleas. Even joining a program to avoid a criminal conviction can affect someone’s immigration status. Immigration law requires good moral character, and certain activities can prevent someone from getting a visa or citizenship. Any past arrests or bad behavior can also affect immigration status. It’s important for an immigration lawyer to ask their client about their criminal history and do a background check to give them the best advice. Juvenile courts can help children with noncitizen parents stay in the country and avoid being deported. If the child is under 21, unmarried, and has been declared dependent by a juvenile court because of abuse, neglect, or abandonment, they can apply for a special immigrant visa. However, in some cases, the court may not have the power to help the child if they entered the country illegally. In Florida, the court can keep helping the child until they turn 21, giving them more time to apply for special immigration status. The federal government has a way for noncitizens who are victims of domestic violence to get lawful status without their abuser’s help. This pathway was created in 1990 and allows a victim to request to stay in the country without their abuser’s sponsorship. They have to prove they were married for at least two years and were a victim of abuse. There are some limitations, like having to stay in the abusive relationship for two years before applying for this relief. If their visa expires, they can’t get this help. If they apply before their visa expires, they can stay in the country while their application is reviewed. In 1994, the Violence Against Women Act was passed to help victims of domestic violence. It was changed in 2000 and 2005 to make it even better. One important change was the creation of the self-petition, which allows victims to apply for permanent residency without needing their abusive spouse’s help. To qualify, the victim must be married to a U.S. citizen or permanent resident and have evidence of being abused. This evidence can include things like statements from friends, personal records, and photos. The law defines abuse as any act of violence or threats that cause physical or mental harm. The Violence Against Women Act (VAWA) was created to help victims of abuse, and it’s not just for women. It can also help children and parents who are abused. If you qualify, you can get work authorization and apply for public benefits, except for SSI and food stamps.

If you were facing deportation and were abused, you may be able to apply for “suspension of deportation” or “cancellation of removal.” You have to prove that you were abused, have good moral character, and have lived in the US for three years. You also have to show that being deported would cause extreme hardship.

In 2000, Congress made changes to VAWA with the Victims of Trafficking and Violence Protection Act. They created U-visas for victims of crime who are helping law enforcement. If you qualify for a U-visa, you can get a temporary visa and authorization to work. After four years, you may be able to apply for permanent residency. If someone is a victim of domestic violence or human trafficking and they can’t go back to their home country because they’re afraid of being hurt again, they might be eligible for a special visa to stay in the US. This visa also comes with support and assistance, and it can eventually lead to getting a permanent residency. In 2005, Congress passed a law called IMBRA to protect people using international matchmaking websites. It requires U.S. citizens using these sites to give detailed information to their potential partner, and it also limits the number of fiancé visas a person can apply for. The law aims to protect immigrant spouses from domestic violence. If you’re helping a noncitizen who has experienced violence, it’s important to talk to an immigration lawyer to understand how their involvement in the legal system could affect their immigration status. Immigrant victims of domestic violence often face the same problems, like threats of being sent back to their home country, physical abuse, being kept away from family and friends, and having their money controlled by their abuser. Lawyers who help people with family problems need to understand that immigrants might be scared to report the abuse or ask for help because they don’t speak English well and don’t know how the legal system works. The lawyer should have staff who speak many languages and know about services for immigrants. They should also listen to the client and understand if the client doesn’t want to go to court. Above all, they should help the client find a way to be safe and stay in the United States legally. This is a report about the challenges immigrant women face in the United States, especially when dealing with domestic violence. It talks about laws and regulations that affect immigrant women’s ability to seek help and stay in the country. It also discusses the support available for immigrant women who are victims of domestic violence. Sarah Rebecca Sullivan is a lawyer who helps people with family, elder, and health care issues at Jacksonville Area Legal Aid, Inc. She’s involved in committees that focus on domestic violence and children’s issues. She used to be part of a group that created a special office for domestic violence victims in Duval County. Amy L. Cosentino is another lawyer who has her own practice in West Palm Beach. She studied dance in college before going to law school. This information comes from the Family Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/immigration-domestic-violence-and-what-the-family-practitioner-should-know/