Amendment of the VAWA statute Thesis Example | Topics and Well Written Essays - 4000 words

Amendment of the VAWA statute - Thesis Example One of the goals of this legislation was to relieve aliens whose U.S. citizen spouses were abusing them from depending on that spouse to obtain legal immigration status. See Violent Crime Control and Law Enforcement Act, Pub. L. No. 103-322, 108 Stat. 1796 (1994) ("VAWA 1994"). Previously, an alien seeking lawful permanent resident ("LPR," or "green card") status based on her marriage to a U.S. citizen or LPR was entirely dependent on her husband to file an immigrant visa petition on her behalf 1.1See 8 U.S.C. ' 1154(a)(1) (1993) (repealed). Congress was concerned that such women were often pressured into remaining in abusive marriages, in light ofthe threat that their husbands would withdraw the visa petitions if they left, thereby putting them at risk of deportation. See 61 Fed. Reg. 13061, 13061-62 (Mar. 26, 1996) (noting that "some abusive citizens . . . misuse their control over the petitioning process . . . . to perpetuate domestic abuse"). Through VAWA 1994, this statute was amended to allow such an alien to "self-petition" for immigrant classification; to prevail, she was required to demonstrate that she was married to a U.S. citizen or LPR, was eligible for immigrant classification based on that relationship, was residing in the United States and had, at some point, lived there together with the spouse, entered into the marriage in good faith, was a person of good moral character, would experience "extreme hardship" if deported, and, during the marriage, either she or her child "was battered or subjected to extreme cruelty perpetuated by the alien's spouse." See H.R. Rep. No. 103-395 (1993), at 23-24; see also 8 U.S.C. ' 1154(a)(1); 8 C.F.R.' 204.2(c)(1)(i). If the petition is granted, the alien can apply to adjust her status to that of an LPR; if it is denied, she can file an administrative appeal. 8 C.F.R. ' 204.2(c)(3)(i)-(ii). VAWA 1994 also provided a remedy for battered spouses who had already been placed in deportation proceedings, by relaxing the requirements for the form of relief known as "suspension of deportation." See VAWA 1994 ' 40703(a) (codified at 8 U.S.C. ' 1254(a))(repealed 1996); Hernandez v. Ashcroft, 345 F.3d 824, 832 (9th Cir. 2003). This form of relief was repealed altogether in 1996, and replaced with an application now known as "cancellation ofremoval." See Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA"), Pub. L. No. 104-208, ' 304(a)(3), 110 Stat. at 3009-596-606 (1996) (amending the INA to add, inter alia, section 240A, now codified at 8 U.S.C. ' 1229b). Normally, a non permanent resident seeking cancellation must demonstrate, inter alia, that she has been physically present in the United States for ten years, and that her removal would result in "exceptional and extremely unusual hardship" to a U.S. citizen or LPR relative. 8 U.S.C. ' 1229b(b)(1). If the alien can demonstrate that she was "battered or subjected to extreme cruelty" by a U.S. citizen spouse or parent, she need only show three years of physical presence, and that she personally would suffer "extreme hardship." 8 U.S.C. ' 1229b(b)(2). If she prevails in her application, then her status is adjusted to that of an LPR. 8 C.F.R ' 240.70(c). If her initial application is unsuccessful, she can appeal to the Board of Immigration Appeals and then to a Court of Appeals; if she is ultimately unsuccessful, she is

Week 1 Journal Essay Example | Topics and Well Written Essays - 500 words

Week 1 Journal - Essay Example The death of the four poor men, namely Daniel Brillhart, Enrique Rubio and Daniel Moore, has ignited the minds of the Americans and compelled them to ponder over this intricate problem that had existed since long in the country and especially in California. The various news agencies have covered the issue in their columns and drawn our attention towards the personal life and history of the four persons. All four of them reportedly were men of good social and moral character. Though deprived of social status or recognition in society, they were god-fearing men who worked sincerely to make a living. Each one of them had a family and some relatives. They had lived a very happy and productive life before they abandoned their homes and joined the homeless population of the nation. They supposedly left their homes and families owing to adverse financial circumstances or social abandonment or drug-issues. They finally landed up in the encampments across San Francisco and took up a job to meet the basic needs of life- food, clothes and a temporary shelter. This story applies not only to those four deceased men, but to the entire homeless population of the US. Driven by financial deprivation and societal seclusion, these people escape from home s and families, to ultimately join the already overcrowded encampments of the homeless in the Silicon Valley. They live their lives as nameless, faceless and identity-less individuals who put up with the drudgeries of daily life to barely make sustenance. Despite the presence of a network of numerous shelter homes in the country, hundreds of homeless people die every year due to extreme cold. They live and die in a world of anonymity and isolation. To help them get rid of their homeless condition, the government should allocate sufficient resources for building up permanent housing facilities for these people. This would include the allocation of both financial resources and