Julieta has a love child from a prior relationship with a married man.
After giving birth to her child named Julianne, she moved from her home province in Southern Mindanao to Manila. There, she met James, her future husband, who is a US citizen.
In 2008, Julieta arrived in the US with a fiancé visa together with her minor child Julianne. Within 90 days of her arrival in the US, the couple married in a simple ceremony in Southern California. The first year of their marriage went well and they lived as a happy family. One day, Julieta heard her 3 year old daughter crying and the young child showed signs of sexual abuse. Julieta confronted her husband about this but he became very violent. James denied any wrongdoing and he began to physically abuse Julieta. He also started to force her to having sex with him.
At the time the abuses happened, Julieta possessed only a conditional resident status. She was afraid to tell the authorities about the abuses for fear that she would be deported. Her decision to continue to stay with her husband drastically changed when she caught James assaulting her minor child. Instead of reporting the matter to the police, however, Julieta left the family home with Julianne and temporarily stayed in a friend’s house in San Francisco. After a few days, Julieta decided to depart back to Manila with her daughter.
The case of Julieta may not be a common occurrence but there are many victims of crimes who are not knowledgeable about their rights and the protections available to them despite their immigration status.
Providing Protection to Victims
On July 15, 2010, the US Citizenship and Immigration Services (USCIS) announced that the agency approved 10,000 “U” visas. According to the USCIS press release, the approval of 10,000 is an important milestone for the government as it meets its goal of offering immigration protection to victims of crimes and strengthens law enforcement efforts to combat crimes. The announcement by the USCIS emphasizes also that it met its statutory limit of 10,000 U visas for the fiscal year. They will start issuing new U visas again beginning October 2010.
The “U” Visa
The U visa was created with the enactment of the Victims of Trafficking and Violence Protection Act. The “U” nonimmigrant status provides immigration protection to crime victims who have suffered substantial mental or physical abuse as a result of a crime. The U visa allows victims to remain in the United States and assist law enforcement authorities in the investigation or prosecution of the criminal activity.
To qualify for a U visa, an immigrant must: (1) prove that she or he has suffered “substantial physical or mental abuse” as a result of one of the following forms of criminal activities: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, attempted perjury, conspiracy, or solicitation to commit any of the above mentioned crimes; (2) show that the victim possesses information concerning criminal activity; and (3) provide certification from a federal, state or local law enforcement official, prosecutor or judge which states that the U-visa applicant is being, has been or is likely to be helpful to the investigation or prosecution of the criminal activity.
Compromising Victim’s Safety
Most victims of crimes are afraid of retaliation by the perpetrators. One of the requirements for an immigrant victim to obtain the nonimmigrant visa to stay in the US is that the victim be able to show evidence of cooperation with a federal, state or local law enforcement office in the prosecution of the criminal activity.
For many victims of crime, taking the initiative to contact law enforcement officers is a very risky step. There are those who feel that their safety is not guaranteed if they continue to reside in the US. Just like in the case of Julieta, many victims may feel that evading the perpetrator of the crime in order to avoid getting hurt is an easier route to take than to assist in the perpetrator’s prosecution.
Several outreach efforts are undertaken by non-profit organizations and government agencies to disseminate information about the existence of protection programs for victims of crimes. Unfortunately, not all government officials are aware of the protocol in the implementation of this U visa program. Thus, continuing training and information dissemination is needed.
Authority to Revoke Visa
Once a “U” visa is issued, the US Citizenship and Immigration Services may still have the authority to revoke the visa. One of the grounds for the revocation of the visa is that the victim refuses to continue cooperating with law enforcement authorities in the prosecution of the criminal activity. Similar to cases where employment authorizations are initially issued to those who cooperate in the prosecution of crimes, immigration benefits may also be revoked if the victim has not continued to be cooperative or helpful.
Among the 10,000 “U” visas issued, the number of Filipinos may not be significant. Fear of retaliation, and probable deportation, are major concerns that prevents them from applying for this type of visa. The law indeed has a dual purpose to both protect the victim as well as to prosecute the criminal activity. For many, however, running away and thinking of their safety is more paramount than their continued presence in the US.
(Tancinco may be reached at law@tancinco.com or at (02)887 7177)
