Immigrant Women and Domestic Violence (From Race, Culture, Psychology, & Law, P 375-389, 2005, Kimberly Holt Barrett and William H. George, eds. -- See NCJ-216932)

• NCJ Number: 216946
• Author(s): Jeanette Zanipatin; Stacy Shaw Welch; Jean Yi; Patty Bardina
• Date Published: 2005
• Length: 15 pages
• Sale Source: Sage Publications, Inc
• Publication Format: Book Chapter
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This chapter identifies the legal remedies that are available for illegal immigrants who are victims of domestic violence, and it discusses the psychological issues related to domestic violence and the challenges faced by certain immigrant populations.

Abstract

Many immigrants who have not yet obtained legal immigration status in the United States rely on the family-based visa process to obtain legal status under an immigrant visa. This requires that a family member who is either a U.S. citizen (USC) or a legal permanent resident (LPR) establish that a family or marital relationship exists with the immigrant seeking a visa and that the relationship is recognized by law. The family-based visa process is initiated and controlled by the USC or LPR (petitioner). The role of the petitioner is problematic when he is the perpetrator of domestic violence, because he has legal power in the marital relationship, i.e., the power to deny legal immigration status. The 1994 Violence Against Women Act (VAWA) addressed this situation by allowing battered immigrants to file a visa petition on their own behalf. The VAWA II (2000) created immigration relief for battered immigrants who did not qualify for immigration relief under the self-petitioning process. This chapter describes three forms of relief for battered immigrants: the self-petitioning process, VAWA cancellation, and the U visa, a nonimmigrant visa for noncitizen victims of crimes. For each of these measures, a case study is provided to illustrate a typical situation for which the form of relief is relevant. A section on psychological issues relevant to domestic violence among immigrants considers the influence of their native culture, isolation and fear, dependence on the batterer, traditional values, and the immigration process. The chapter concludes with discussions of domestic violence in specific ethnic groups: Asian-Americans, Korean immigrants, Vietnamese immigrants, Indian immigrants, and Latinas. 11 notes and 53 references