Notes from our Legal Service staff
Immigration Legal Service Program Updates:
Domestic Violence Awareness Month
October is Domestic Violence Awareness Month, yet many immigrants remain in abusive marriages, unaware of their special legal rights under the Violence Against Women Act (VAWA).Immigrants abused by a legal resident or U.S. citizen
spouse - or whose child has been abused - may qualify to "self-petition" to
start or take over their immigration case. All VAWA petitions are decided by mail by a special unit of USCIS that is trained in the generous provisions of VAWA law, and the dynamics of domestic violence. On the petition's approval, abuse survivors and their foreign-born children can obtain work permits, and eventually, become legal residents - all independently, without the abuser's knowledge or consent. VAWA frees those subjected to physical or severe emotional abuse during their marriage, men and women alike, to decide on their next steps without fear of deportation. Survivorsof domestic violence can petition under VAWA no matter how long ago the abuse took place, and whether or not they still live with the abuser, are separated, or have reconciled. A two-year window even allows them to self-petition after divorce, the abusive U.S. citizen's death, or the abuser's deportation due to the violence. All credible evidence is acceptable under VAWA law, allowing abuse survivors to self-petition even if they never got an order of protection, made a police report, or pressed charges .in criminal court.
Next Update: If the abuser is not a spouse or lacks legal status, a related law, the U Visa, may offer hope to domestic violence victims who cooperate with police when the crime is investigated, or with the state if criminal charges are filed.
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On October 1, U.S. Citizenship and Immigration Services introduces the new "redesigned" naturalization test to applicants for U.S. citizenship.
As before, the civics portion tests for knowledge of U.S. history and government, and the language portion tests the ability to speak, read, and write basic English. The reorganized and expanded test requires broader knowledge, including the principles of American democracy; the U.S. system of government; national symbols and national holidays; basics of U.S. geography; and key U.S. history of the colonial period, 1800s, 1900s, and early 21st century. The redesigned English exam for both reading and writing draws on a longer vocabulary list that focuses on civics and history topics. This vocabulary list, sample sentences for the writing test, and civics questions and flash cards are available at www.uscis.gov Immigrants whose naturalization applications (Form N-400) are received by USCIS on or after October 1, 2008 must take the redesigned test. However, those whose N-400s were received before October 1, 2008 and who are interviewed before October 2009 may choose between the two versions, and if they don't pass the first time, will re-take the same test. All future applicants, and any whose initial interviews are after next October 1, must take the new test. As before, a "disability exception" is available to those immigrants unable to meet the English and civics exams because severe physical or mental impairment. The waiver form, USCIS Form N-648, must be completed by their physician, explaining in detail how the applicant's condition impacts his or her ability to learn and retain information.
Latinos Progresando is one of a number of local nonprofit legal services agencies that assist with these waivers. Also unchanged are three age-based waivers of the requirement to take the civics test in English. Under the "50/20, 55/15" rule, the
civics test can be taken in the native language of immigrants age 50 or older with at least 20 years as permanent residents, and of those age 55 or older with at least 15 years as permanent residents. Under the "65-20" rule, those age 65 or older with at least 20 years can take a simplified civics test in their own language.
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Contigency Plans for Undocumented Families:
A Training Seminar
The Immigration Legal Services staff of Latinos Progresando (LP) hosted a legal training seminar for nonprofit agencies that serve immigrant families. The seminar outlined how immigrants at risk of deportation can set up a "short-term guardianship" of their dependent children in the event of parents' detention by Immigration and Customs Enforcement (ICE). Short-term guardianship forms do not require any appearance in court, and unlike a simple notarized letter, are a legally effective way to arrange in advance for children's care. LP is one of several local agencies which will be assisting immigrants with this crucial procedure.Over 40 agency representatives from across the Chicago metro area assisted the seminar.
Latinos Progresando would like to thank its co-sponsors in this seminar, The Chicago Legal Clinic, Inc; Chicago Volunteer Legal Services, Inc.; The Families' & Children's AIDS Network;Catholic Campaign for Immigration Reform; The Polish American Association.
If you would like to host this seminar contact:
Marcy Gonzalez,
Director of the Immigration Legal Service Department
marcy@latinospro.org or 773.542.7077