The Immigrant Women - Term Paper Example

?Full and section number of Like other women immigrant women are also very much vulnerable to domestic violence. Immigrant women are under the high risk of violence because of their immigration status. Immigrant women get easily trapped in troublesome abusive relationships because of their social isolation, alienation, language problems, tough immigration laws and lack of financial resources. Though federal legislation has started several safe and new ways to immigration status for certain immigrant women who became prey to domestic violence, women abuse is still increasing at a fast rate. Abuse is a still a big issue facing immigrant women. According to a recent research study in New York City, more than 50% of intimate partner murder victims are foreign-born people. 48% of Latinas immigrants have opined that partner’s violence and abuse have increased considerably after they migrated to the United States. 60% of Korean immigrant women reported that they have been beaten by their husbands. Among immigrant women, married ones have been found to be suffering from higher levels of sexual abuse and physical abuse, compared to unmarried women. Almost 60% of married women face abuse; less than 50% of unmarried women encounter abuse. Immigrant women who have native people as partners are under big risks as partners take advantage of the immigration status of women. Status of women as immigrants is a tool of control for their partners. People abuse, batter or put great control over their immigrant partners as immigrants are unable to break out because of their disadvantaged immigrant status. Unfortunate immigrant women are forced to remain in the relationship in spite of the troubles they face. They accept domestic violence as they do not have much access to social and legal services. Abusers and victims are of the belief that protections of the legal system are not available to immigrants. However family court systems and criminal court systems do impact immigrant and refugee families. Family and criminal court systems attempt to provide justice immigrant and refugee families. Immigrants and refugees being the non-citizen and undocumented person can still file a petition in the family court. Immigrants and refugees who are under the risk of abuse can file an order of protection. They can encounter the Safe Horizon office associated with the Family Court. If an undocumented immigrant or a refugee who is married to a US citizen becomes a victim of domestic violence, he can become a permanent resident with the help of Violence Against Women Act (VAWA). Immigrants are particularly targeted in domestic violence situations. Fear of deportation and lack of secure employment make immigrants reluctant to report cases of domestic violence. Abusers threaten victims of disclosing their status in the United States. There are however several measures immigrants can do to check the domestic violence against them. Federal government has put forward domestic violence immigrant relief programs as per the 1994 Violence Against Women Act. This particular act is applicable to both men and women. These programs supply legal status to the victims of domestic violence who do self-report the abuse. As per Violence Against Women Act the victim should have a valid marriage to a lawful permanent resident or a United States citizen. The victim should otherwise have a divorce from the US citizen partner in the past two years. The victim should not have any criminal record. Victim should report a case of battery or severe cruelty. For example, it can be a psychological abuse in which the partner is refusing the required immigration papers for the victim. According to Form I-360, if the domestic violence victim meets all the criteria, she will be provided an immediate visa even if she does not have a derivative status under her partner or former partner. Yet another option for victims is U visa. An unmarried undocumented immigrant who became a victim of domestic violence can get a U visa through which the individual can become a permanent resident. Such visas are available to those who have been victims of lots of mental and physical abuses from different crimes like sexual assault, rape, torture and violence. Victims of the listed crimes can get U visa. Here the victim must have been subjected to psychological abuse or physical abuse. The victim should have the necessary information to help the law enforcement department. They victim also must fully cooperate with the authorities to prosecute the abuser. The visa is not depended upon marriage to the abused patient. Another form of relief is the issuance of a “U” visa. Such a visa is available to victims of specifically listed crimes, including domestic violence, aggravated assault and sexual assault. In such cases, the victim must have suffered physical and/or psychological harm; the victim must have information to assist law enforcement; and must be willing to cooperate with the authorities in prosecuting the abuser. The U visa is not contingent upon marriage to the abuser. A family advocate can greatly help an immigrant who became a victim of a domestic violence incident. Lawyer can consider all types of immigration relief measures and refer the client properly. Lawyer should gather all necessary information and evidences and consider a protection from abuse case. This will be helpful for the immigration attorney to document the applications of the immigrant victim. The victim can thus apply for relief using Violence Against Women Act. The type of evidences that can be submitted includes police report, documents of any associated criminal case, medical details of the injuries, photographs of injuries, evidences of the documents of the abuser such as his green card or passport copies, document that proves the cohabitation, birth certificates of children (if any), documents of financial details and a copy of the petition asking for protection from abuse. Lawyers who support victims of domestic violence say that immigrant victims can confidently access court system and file petitions for protection from abuse. Immigrants are not denied access to courts. Practitioners are advised to be careful regarding language barriers. Even if the client has good language skills, she may not be efficient in explaining the details or abuse or legal matters. According to Act 172, litigants should be given good interpreters for court dealings. Social workers can play a major role in assisting refugee and immigrant families. Social workers can interfere and prevent women and children from getting abused. Social service workers can save women and children and assist them in the further proceedings. Social service workers have saved several battered, physically abused, and sexually abused children from their homes. Social workers can help rehabilitate helpless children who are subjected to physical abuse. Knowing the issues of immigrants and the types of legal help they are eligible would help social workers assist immigrant and refugee families. Abuse of immigrant women, physically and psychologically, still remains as a major problem in the United States. These women are generally from a cultural background that would make them submit to their husbands fully. Several foreign-born women who are immigrated to United States are unable to speak English. They are also unaware of their rights in the United States. They are also of the fear that they will be deported and left helpless if they report the problems they face. According to the studies, Asian immigrants constitute more than 40% of all immigrants in the United States. Like other immigrant groups Asian immigrants are also increasingly becoming aware of the domestic abuse and violence they face. Certain Asian women who have been migrated to US after getting married have been subjected to mental and physical torture. Arranged marriages have made women live with men they do not know. Husbands take the woman’s money, jewelry and other things and make her depended on him. He would threaten her telling that if she leaves she would be deported. Abused woman would also prefer to stay with their abusive husbands, rather than returning to their home country and bring shame to their parents. In certain cultures divorced women are considered as outcasts and are never recognized by the society. Immigrant women, thus, suffer in United States in the hands of their abusive husband. However, law has come to the help of immigrant women who are abused. Law has given options so that abused women can seek the help of family and criminal courts to save themselves from their abusive husbands. Abused women can approach courts with their cases so that they get justice. There are also several Acts that uphold the cause of immigrant women who have been subjected to abuse and violence. An undocumented immigrant or a refugee with a partner who is a US citizen become a victim of domestic violence, there is hope for her as she can make use of Violence Against Women Act (VAWA). She can become a permanent resident and get her problems solve. Becoming a permanent resident would enable her assess laws and attain rights as a normal citizen. Abused women are thus increasingly approaching family and criminal courts to save themselves from their abusive partner. Social workers and other organizations have also involved in the matter of immigrant women who suffer abuse from their partners. References Mary Ann Dutton et al., “Characteristics of Help-Seeking Behaviors, Resources and Service Needs of Battered Immigrant Latinas.” 7 Geo. Journal on Poverty Law & Policy 245, 271 (2000), p.259 Giselle Aguilar Hass et al., “Lifetime Prevalence of Violence Against Latina Immigrants: Legal and Policy Implications.” Domestic Violence: Global Perspectives 103-13 (2000) at 106-109. 3 Ibid., p. 109 Read More