LEGAL ASSISTANCE PROGRAM
SEPA Mujer's Legal Assistance Program has been able to provide the proper representation to immigrant victims of crime and their families. This has allowed them to take back their power and life after years of violence and abuse. The anti-immigrant rhetoric under the current administration has made it difficult for the immigrant community to access resources they need, and has further isolated victims and their families into lives of violence and despair. In spite of this we continue to provide legal assistance to immigrant survivors of gender violence.
Every month our organization sees about 5-10 new clients. Each story is as impactful and important as the next. Most survivors have been victims of domestic violence, sexual assault, and/or stalking. For some, violence has been a recurring theme in their lives. For most, it is the first time they are telling “their story” to another person. Our organization is not only a Latina immigrants' rights group, but it is also a transformative organization. The legal services is a tool our organization provides survivors so they may regain control over their immigration status, which is often held against them. To read about real life stories, please click here.
Every month our organization sees about 5-10 new clients. Each story is as impactful and important as the next. Most survivors have been victims of domestic violence, sexual assault, and/or stalking. For some, violence has been a recurring theme in their lives. For most, it is the first time they are telling “their story” to another person. Our organization is not only a Latina immigrants' rights group, but it is also a transformative organization. The legal services is a tool our organization provides survivors so they may regain control over their immigration status, which is often held against them. To read about real life stories, please click here.
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GENDER VIOLENCE
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On a global scale, violence against women has been a recurring and concerning issue. In many cities across the globe, such as Ciudad Juarez, the term "femicide" has been used to define a high rise in the murder of women. In many parts of the world, despite globalization and a recognition of women’s rights, women are still seen as second class citizens and property. In addition, another source of violence for women is domestic violence and female genital mutilation.
Domestic Violence is when an abuser uses willful intimidation, physical assault, battery, sexual assault, and/or other forms of violent and abusive behavior to overpower and control a victim. Please click here for an illustration of the power and control wheel. |
Fear made me stay with the man that always psychologically abused me and even tried to kill me. Now in my life only, the scars remain. Thanks to God and organizations like SEPA Mujer that are there to help us and support us. |
Human Trafficking
is a form of modern day slavery that exists in the United States and globally. Human Trafficking is most commonly known as sexual exploitation or labor exploitation.
Sexual Assault
is where the abuser uses physical force or intimidation to obligate the victim into sexual intercourse or to perform sexual acts against their will or without their consent.
Incest is where the abuser (i.e. father, mother, brother, sister) is related to the victim (i.e. parent, sibling, child).
Incest is where the abuser (i.e. father, mother, brother, sister) is related to the victim (i.e. parent, sibling, child).
Sexual Exploitation
In many parts of the world, it is known as Human Trafficking, but it is also known as “La Trata” in Spanish. It is the kidnapping or recruitment, transporting, transfer, and selling of human beings through the use of threats, lies, or coercion and violence for the purpose of sexual exploitation.
Stalking
Although hard to define, it is constant acts of unwanted or obsessive attention by an individual towards another person. This behavior in most cases is used to intimidate and harass the recipient. The behavior can entail following the person, constantly calling the person, using third parties to contact the person, constantly texting the person, etc.
Labor Exploitation
It is a form of modern day slavery that exists throughout the United States and globally. Labor traffickers, recruiters, contractors, employers or others– use physical force, intimidation, control, coercion, lies, or debt bondage to force people to work under deplorable conditions with little to no pay or against their will.
What our Legal Department
Helps With
Violence Against Women Act (VAWA)
Also known as, Self-Petitioning under the Violence Against Women Act, an eligible Self-Petitioner includes conditional residents, battered spouses and children (under 21) of U.S. Citizens (USC) or Lawful Permanent Residents (LPR). This form of relief is available to the aforementioned Self-Petitioners if she/he can show they have been battered or subject to extreme cruelty. The abused spouse or child can file a self-petition independently of the abusive USC/LPR spouse or parent. The immigrant spouse/child must show the following: (1) demonstrate that he or she resided with USC/LPR spouse/parent (2) was battered or subject to extreme cruelty by abuser (a) in the case of spouse self-petition, the marriage was entered into in good faith; she/he is otherwise eligible for IR or preference status; (b) has good moral character. Please note, a immigrant spouse does not need to remain married to USC/LPR abusive spouse to apply for VAWA, as long as the divorce is related to the abuse suffered and within 2 years of filing your petition. Furthermore, although “women” is included in the name of the act, it is a relief also available to men. For more information, please contact our office at 631-980-2555.
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U-VisaThe U non-immigrant status (U-Visa) is a form of relief for immigrant victims of criminal activity, who have suffered mental or physical abuse, like domestic violence and sexual assault. A total of 10,000 U-Visas are issued a year. The victims are required to show proof that they were:
For a complete list of qualifying criminal activities please click here. |
T-Visa
Much like the U-Visa, the T-Visa provides immigration relief to victims of crime, such as sex trafficking or labor trafficking. A total of 5,000 T-Visas are issued a year. Sex Trafficking is a form of modern day slavery. Immigrant victims must show any “credible evidence”.
- He or she has been subject to “severe trafficking” such as the use of fraud or coercion for sex trafficking, and/or involuntary servitude, peonage, debt bondage, or slavery. It is the kidnapping or recruitment, the transporting, harboring of victims with use of threats of violence or use of violence, or other forms of coercion for the purpose of commercial sexual exploitation. ;
- Are physically present in the United States on account of trafficking.
- The immigrant victim must show they have complied with any reasonable request by federal, state, or local Law Enforcement Agency to assist in the investigation or prosecution due to a physical or psychological trauma and/or are under 18.
- Who would “suffer extreme hardship involving unusual and severe harm if removed from the United States.”
GENDER ASYLUM
Overall, asylum is defined as a situation wherein the refugee is not merely shielded from returning to their home country (i.e. due to torture), but is also given an ample array of rights, such as the right to work and reunite with their family, all in hopes that the victim can rebuild their life in a new country. Applicants eligible for this form of relief are usually in one of two categories: affirmative or defensive. Defensive means the applicant is currently in removal proceedings. Affirmative means the applicant is not currently in removal proceedings, but rather is mailing an asylum petition to U.S. Citizenship and Immigration Services (USCIS). Asylum is particularly resource draining and difficult to win, but a successful applicant must be able to show they seek help because they were being persecuted by government actors or private parties due to the applicant’s: race, religion, nationality, membership in a particular social group and/or political opinion, and that their home country’s government or law enforcement is unable or unwilling to help them. In a case of domestic violence, the victim must show they were unable to escape their abuser and unable to obtain the help they needed. For more information, please contact our office (631) 980-2555.
CLIENT STORYSeleni came to our organization a few months ago. She was a victim of domestic violence for over 8 years. She called the police many times, but due to lack of English, knowledge of the justice system, depression, and fear, she could not obtain the help she needed. Until one day, after a severe incident of violence where she almost died, she called the police. Her abuser was arrested and charged. Seleni went to court many times to tell her story. Only then was Seleni able to obtain the help and protection she needed. She has since petitioned for a U Visa. |
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