A survey conducted In 1992 found that more than half of the battered women surveyed stayed with their batterer because they did not feel they could support themselves and their families. The Violence Against Women Act was enacted to ensure that women in the United States. living under all different kinds of circumstances. have every chance to create safe lives for themselves and their children. For a battered immigrant woman to be eligible for the protections of the Violence Against Women Act. she must show that she: First. Is the spouse of a citizen or lawful permanent resident of the United States. second. is eligible for immigrant classification based on that relationship. third. is residing in the United States. fourth. has resided in the United States with the citizen or lawful permanent resident spouse. fifth. has been battered by. or subjected to extreme cruelty by that spouse. sixth. Is a person of good moral character. seventh. entered Into the marriage in good faith. and eighth. that her deportation would cause extreme hardship to her or her child. Many undocumented women are undocumented because they have been victims of abuse. and in many cases their abusers have interfered with or deceived them about the immigration process. These women. victims of domestic violence who are eligible for lawful permanent residency. but who have not yet attained residency due to the actions or inactions of their abusers. should not be penalized as undocumented immigrants. Their undocumented status is most often not willful. but results from the abusive relationship. I want to explain this carefully. Many of these women come into the country legally. with the sponsorship of their spouse. Once they are here. the abusive partner will use her immigration status as a means of coercing her Into submissionfor example. "If you dont do whatever I say. I will call the INS on you and withdraw my petition." Often these women will leave the country with their spouse and then the spouse will force them to reenter illegally. The spouse will sometimes not file the proper paperwork to petition for status. all the while telling his battered wife that he is taking care of the situation. and that her fate in the United States rests in his hands.
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undocumented immigrant immigration immigrants deportation