Legal stay option for immigrant victims

April 8, 2008

I was under the impression that I was aware of all types of visas offered by the United States government. But I’ve only recently discovered an option offered to those that are victims of crime: U visa.

The U-visa provision was created in the federal Victims of Trafficking and Violence Protection Act of 2000. To qualify for the visa, authorities must verify that a victim of a crime such as domestic violence, sexual assault and human trafficking participated in the investigation and⁄or prosecution of a suspect. (Gazette)

No more do undocumented immigrants need to suffer in silence, and afraid to speak up due to fears of deportation.

A Montgomery Village woman, a victim of domestic violence, is one of the nine U-visa candidates who have worked with the Montgomery County State’s Attorney’s Office this year.

Manuel Donis Davilla, who was the woman’s live-in boyfriend, was found guilty of attempted murder and related charges during a four-day trial in Circuit Court in January. He will be sentenced Thursday and faces life in prison.

In her opening statement during the trial, Assistant State’s Attorney Deborah Feinstein said Davilla planned to beat the woman unconscious. ‘‘He then planned to tie her up. After that he planned to pour paint thinner all over her body and to set her on fire,” she said. (Gazette)

Finally, a human side to this immigration debate. But apparently I’m not the only one who learned of the U visa so late, since it was created almost 8 years ago.

Edma Castañeda endured repeated beatings, cigarette burns and other abuse through three years of marriage because she was afraid that if she called police, she would be deported.

The Riverside woman did not know that some undocumented immigrants can gain legal residency if they prove they were victims of domestic violence and other violent crimes. The immigration laws sheltering them were enacted to help overcome the fear that prevents many undocumented abuse victims from reporting crimes. (PressEnterprise)

As you read the stories of these victims’ ordeal, you begin to appreciate the dire need for this type of visa. The victims are primarily female put in an uncmpromising situations by male in power — be it husband, boss, trafficking agent or as in the following scenario: immigration agent.

The calls from the agent started three days later. He hinted, she said, at his power to derail her life and deport her relatives, alluding to a brush she had with the law before her marriage. He summoned her to a private meeting. And at noon on Dec. 21, in a parked car on Queens Boulevard, he named his price — not realizing that she was recording everything on the cellphone in her purse.

“I want sex,” he said on the recording. “One or two times. That’s all. You get your green card. You won’t have to see me anymore.”

She reluctantly agreed to a future meeting. But when she tried to leave his car, he demanded oral sex “now,” to “know that you’re serious.” And despite her protests, she said, he got his way. (NYT)

Isaac R. Baichu, 46, an adjudicator for the United States Citizenship and Immigration Services, was arrested after he met with a green card applicant at the Flagship Restaurant, a diner in Queens. He is charged with coercing oral sex from her.

The above stories continues to tell the agonizing tale of many other victim and perpetrators. But what’s even more unfortunate is that despite enduring such torment these injured parties have a very tough time obtaing the U visa.

For more information on the U visa please click here.

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