JOINT PRESS RELEASE
National Immigration Project of the National Lawyers Guild, American Immigration Law Foundation, and National Network to End Violence Against Immigrant Women
April 24, 2008
Government’s Newly-Announced Directive Will Benefit Thousands
of Immigrant Victims of Domestic Violence
The National Immigration Project of the National Lawyers Guild (NIPNLG), the National Network to End Violence Against Immigrant Women (National Network), and the American Immigration Law Foundation (AILF), applaud the government’s recent directive to allow battered immigrant women and children the opportunity to apply for a “green card” regardless of their manner of entry into the U.S.
This directive, interpreting the Violence Against Women Act (VAWA), carries out Congress’ intent to protect immigrant victims of domestic violence from further harm by clearing their path to legal permanent resident status. Congress has recognized that “Many immigrant women live trapped and isolated in violent homes, afraid to turn to anyone for help. They fear continued abuse if they stay, and deportation if they attempt to leave.” The law allows battered immigrants who are married to abusive U.S. citizens or permanent residents the right to apply for lawful immigration status independent of the cooperation of the abuser.
U.S. Citizenship and Immigration Services (USCIS) announced its interpretation of VAWA-related provisions in the immigration act in an April 11, 2008 memorandum to the USCIS field offices. This memorandum makes clear that battered immigrant spouses and children who satisfy other legal requirements are eligible to apply for lawful permanent residency even if they entered the U.S. without official inspection. Previously, individual USCIS field
offices adopted conflicting policies. A number of USCIS field offices denied “green cards” to battered immigrants in violation of the law, solely because they had entered the U.S. without inspection. Under the new policy, survivors of abuse who previously were denied status may seek reconsideration of their applications. (See CIS Fact Sheet.)
NIPNLG, the National Network and AILF worked with their networks of advocates and with members of Congress to persuade USCIS that this is the correct interpretation of the law. Senator Edward Kennedy and Congresswoman Zoe Lofgren spearheaded Congressional efforts to protect and ensure the safety of this group of immigrant survivors of abuse by allowing them to complete the lawful permanent residence process. “USCIS’ decision to accept applications from this vulnerable group of immigrants is momentous,” said Mary Kenney of AILF. Ellen Kemp of NIPNLG added, “Since VAWA was enacted in 1994, there have been more than 42,000 courageous battered immigrants who took a step away from an abusive relationship by filing an application under the VAWA. These survivors of abuse have been rigorously scrutinized and approved by USCIS at the first step of the immigration process. This interpretation makes clear that battered immigrants, including those who have entered the U.S. without inspection, may pursue the second step of seeking lawful permanent residence and achieving independence from their abusers.”
For more information:
Gail Pendleton, National Network to End Violence Against Immigrant Women, (774) 269-3110,
Ellen Kemp, National Immigration Project of the National Lawyers Guild, (617) 227-9727 ext. 4,
Mary Kenney, American Immigration Law Foundation, (202) 742-5609,
The National Network to End Violence Against Immigrant Women is co-chaired by Asista Immigration Technical Assistance, Legal Momentum's Immigrant Women Program, and the Family Violence Prevention Fund.