Florida immigration attorney publishes second part of review of violence protections for immigrants

MIAMI - Dec. 11, 2018 - PRLog -- With the final article on violence protections under U.S. immigration laws, Immigration Attorney Magdalena Ewa Cuprys concludes her review of some of the most important protections for immigrants. The complete article series will be published on the blog of Ms. Cuprys at https://magdalenacuprysblog.blogspot.com/

There are various steps that must be reviewed to determine whether this is actually a viable option, for example: It must be determined if the Applicant (victim of domestic violence) has copies of the abusive spouse's birth certificates, green cards, naturalization records, or U.S. passport pages; if abusive relative is a USC born in the United States, one must look to the law of the state in which the USC was born and try to obtain copies; if the abuser is (or was) LPR, a naturalized USC, or has previously filed a petition with the federal immigration authorities, USCIS can look up the abuser's immigration status.

Keep in mind that if the abuser has lost immigration status within the last two years and that loss of status can be connected to the domestic violence, then the Applicant will still be eligible to file a VAWA self-petition. In addition, as with divorce, post-filing loss of status is irrelevant.

Sometimes, people do not realize that some of the bad things that have happened to them are forms of abuse. For example, isolation of friends and family, economic control, or forced sex are all common in domestic violence, but victims of these behaviors often do not realize the relevance of such behaviors as part of a pattern of abuse. Police reports, court records, protection orders, and other documents indicating involvement with government authorities are helpful, but they are not required.

Mental health and domestic violence workers also can provide useful statements, but like police records, they are by no means a requirement. Ask providers not to focus so much on diagnoses like post-traumatic stress disorder and depression, but rather why, in the worker's professional opinion, he or she believes that the Applicant has suffered domestic violence.

Remember that physical abuse is not required by statute and that extreme cruelty can provide the basis for a VAWA self-petition. As the Ninth Circuit in the old landmark case Hernandez v. Ashcroft noted, "Congress clearly intended extreme cruelty to indicate non-physical aspects of domestic violence."

The complete article series will be published on the blog of Ms. Cuprys at https://magdalenacuprysblog.blogspot.com/

*** Magdalena Ewa Cuprys is the principal attorney of Serving Immigrants (Cuprys and Associates), a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs.

Blog: https://magdalenacuprysblog.blogspot.com/
Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq
She is a member of the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169