Speech #1010216587

Mr. Chairman. before we vote on the Family Unity and Employment Opportunity Immigration Act of 1990. we are likely to hear a lot about immigration numbers and the effects of the bill on the labor market. What should not go unsaid or unnoticed. however. is that the bill we have before us contains a small but significant provision which will literally free thousands of immigrant women from a nightmare of brutal physical abuse and mental cruelty. Immigrant women are some of the most vulnerable to domestic violence. yet their plight Is not well enough known to effect real change. Not long ago. I heard the heart wrenching story of an immigrant woman living in Rochester with her abusive American spouse. She was regularly beaten by her husband and subjected to unspeakable cruelties. She lived with two paralyzing fearsthat of her husbands rage and that of being forced back to her native Haiti. The 1986 Marriage Fraud Act leaves this woman trapped in the abusive relationship for at least 2 years or face deportation to a country which is no longer her home. Responding to this womans circumstances and those of thousands of alien spouses nationwide. I introduced legislation to amend the Marriage Fraud Act and provide immigrant spouses in a bona fide marriage. an escape from the beatings. the insults and the fear. I thank Chairman MORRISON for including my legislation in the Family Unit and Employment Opportunity Act and expanding the battered spouse waiver provisions to protect children as well. The Immigration Marriage Fraud Amendments Act of 1986 [IMFA] mandates a 2year period of conditional permanent residency for foreigners who marry American citizens or permanent residents. At the end of this 2year period. the American spouse with the foreign spouse must file a Joint petition to gain full permanent residency for the foreign spouse. Due to a lack of clarity in the IMFA. a battered foreign spouse may be forced to choose between remaining in an abusive relationship or facing possible deportation to a country that is no longer his or her home. Under the IMFA. if the resident spouse refuses to sign the joint petition. deportation proceedings can be initiated by the Immigration and Naturalization Service. The joint petition requirement may be waived if the foreign spouse can demonstrate: First. that his or her deportation would result in extreme hardship. or second. that she or he entered the marriage in good faith and sought termination of the marriage for good causegood cause/good faith waiver. These waivers. which require the filing of INS form 1752. allow the foreign spouse to petition independently for permanent residency. Potentially. an 1752 waiver based on the good cause termination of a good faith marriage can be requested in cases of spouse abuse.