The Law Clinic Adopts a New Practice Area: Violence Against Women Act Self-Petitions
By Megan Fluharty
In the fall of 2007, the Washburn Law Clinic began representing clients filing for Violence Against Women Act (VAWA) self-petitions. The Battered Immigrant Women Protection Act was signed into law by President Clinton as part of the Violence Against Women Act of 2000. VAWA 2000 expanded legal protections to immigrant women through various forms of relief, including the self-petition. VAWA self-petitions enable immigrant victims of domestic violence to obtain lawful status without the assistance or cooperation of the batterer spouse.
To be eligible to file a VAWA self-petition, a petitioner must be an abused spouse, or former spouse of a United States citizen or lawful permanent resident. The VAWA petitioner must establish the following: status of the abusive spouse as a U.S. citizen or lawful permanent resident, residence in the United States, residence with the abuser, marriage in good faith, battery or extreme cruelty during the marriage, and good moral character.
Whitney Miranda and I were fortunate enough to be included in the first group of Clinic Interns representing VAWA self-petitioners. It was extremely rewarding to compile and complete a VAWA self-petition on behalf of a very deserving client. Gathering all of the necessary documents and evidence to create a strong petition was time consuming. For each of the seven eligibility factors, a list of evidence was required. My client's compiled petition included numerous pages of police reports, hospital records, school records, affidavits from neighbors, friends and domestic violence advocates, family pictures, correspondence from the abuser, a Kansas Bureau of Investigation report and various court documents. Also required and included in the self-petition was my client's lengthy personal statement, detailing her reasons for filing and recounting the history of her abusive marriage.
Although my client spoke fluent English, I was given numerous documents in Spanish. My inability to read or translate Spanish was problematic. Thus, I called upon former Clinic student, Sayra Hurley, to assist with translation. Sayra started the petition during the previous semester when she was enrolled in Clinic and was very knowledgeable about the case which helped a great deal as well. Sayra's work was appreciated and certainly helped to expedite the petition process. Being new to this area of immigration law was also challenging at times, as a lot of questions arose through the course of representation. Therefore, I sought guidance from local immigration advocates experienced in filing VAWA petitions.
Whitney and I recently submitted two completed VAWA self-petitions to the United States Citizen and Immigration Services (USCIS) Vermont Service Center, which processes all VAWA petitions. USCIS officials will review the petitions and determine whether our clients meet the necessary eligibility requirements. While we eagerly await a decision from USCIS officials, it could be 10-12 months before the Clinic is notified whether the self-petitions were approved.
I thoroughly enjoyed the opportunity to represent a VAWA self-petitioner, and gain practical experience in immigration law. I hope to represent another VAWA self-petitioner before the end of the semester, and if at all possible, I plan to continue to work with VAWA applicants as a practicing attorney.
