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Immigrants, especially women and children, can be particularly vulnerable to crimes like domestic violence, sexual assault, human trafficking, and other types of abuse due to a variety of factors.
These include, but are not limited to, language barriers, separation from family and friends, lack of understanding of U.S. laws, fear of deportation, and cultural differences. Fortunately, Congress has afforded certain protections to victims who, because they do not have legal status, may be reluctant to help in the investigation or prosecution of criminal activity for fear of removal from the United States.
In 1994, Congress passed the Violence Against Women Act (VAWA) to support and protect victims of domestic violence. This landmark legislation recognizes that many immigrant victims of domestic violence remain in abusive relationships because of their immigration status and, therefore, need specific protections. In 2000, the Victims of Trafficking and Violence Prevention Act (VTVPA) provided further tools to encourage victims to report crimes and contribute to investigations and prosecutions regardless of immigration status. The VTVPA was enacted to strengthen the ability of law enforcement agencies to investigate and prosecute violent crimes against foreign nationals, (e.g., domestic violence, sexual assault, human trafficking, and other crimes) while offering protection to victims of such crimes without the immediate risk of being removed from the country.
T and U visas, VAWA self-petitions, and battered spouse waivers all help to encourage victims to come forward and work with law enforcement. If certain conditions are met, an individual who is granted these forms of immigration relief may eventually adjust to lawful permanent resident (LPR) status.
A report of a psychological evaluation by a mental health professional can be crucial in obtaining immigration relief
ARE YOU REGISTERED YET?
Our next training will take place on:
Friday, January 13 & Saturday, January 14
9am - 3pm (Pacific)
11am - 5pm (Central)
12pm - 6pm (Eastern)
In addition to learning how to perform the 7 most common types of immigration evaluations, participants will get hands-on training on marketing their services to immigration attorneys, tips for working with interpreters, some guidelines for testifying in immigration court, and self-care practices for preventing vicarious trauma.
Participation also includes:
- 12 continuing education units sponsored by the San Diego Psychological Association
- Everything you need to get started: sample reports, intake guides, consent forms, symptom checklists, etc.
- FREE monthly consultations with Dr. Shibley! (a $600 value)
- Discounted membership on the Immigration Psych Eval Directory (plus all the perks you get by having a listing)
- Certificate of completion for display
- and more!
An attorney told me they would send over their client’s I-918B along with other records. I don’t know what a I-918B is but was embarrassed to ask… what is it?
USCIS Form I-918, Supplement B is the U visa certification document that a law enforcement agency can complete for a victim who is petitioning USCIS for a U visa. USCIS is the federal component of DHS that determines whether immigration benefits and immigration status should be granted or denied. Form I-918B is a required piece of evidence to confirm to USCIS that a qualifying crime has occurred and that the victim was helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of criminal activity. While a U visa petition will not be granted without the required law enforcement certification, the fact that a certification has been signed does not automatically grant the victim a U visa. The certification is only one of the required pieces of evidence needed to be eligible for a U visa. There are many additional eligibility requirements that USCIS evaluates based on a victim’s U visa petition, including whether the victim suffered “substantial physical or mental abuse.” This is why attorneys refer their clients to mental health professionals in the hope that they will prepare a report to substantiate the client’s claim.
Have you gotten a chance to read my book?
"Shibley and Holt, collaborating as psychologist and lawyer, have designed a tool which empowers mental health professionals to better assist their work with immigrants, their families, and counsel on a variety of immigration benefits, including cases in the immigration courts. Drawing from their personal experiences to give practical instruction, this book provides important advice to novice and seasoned professionals alike on best practices for working with clients and their attorneys."
-Allen Orr Jr., President, American Immigration Lawyers Association
Order your copy now and save 20% with code FLE22*
*coupon only valid on the Routledge website