Some illegal immigrants get U Visas
Sun, Mar. 30, 2008

Visa designed to protect victims of serious crimes from being deported

Maria remembers the day in August when she slumped outside her apartment, sobbing from the pain of a broken nose and bruises swelling on her face.

The 29-year-old drywall worker from Mexico said her boyfriend had beaten her that morning and she felt helpless.

"I couldn't defend myself or even talk because he'd choked me," said Maria, whose last name has been withheld for her safety. "I couldn't yell or anything."

Worse, she was afraid to report the domestic violence because she thought police would find out she had entered the country illegally and arrest her.

She didn't realize illegal immigrants can be protected against deportation if they are victims of crime.

This year, the U.S. Citizenship and Immigration Services will begin granting a special "U Visa" to victims of certain serious crimes who cooperate with law enforcement. Legal assistance groups are now helping about 50 victims from the Charlotte region, including Maria and a few men, apply for permission to live and work in the United States.

Congress initially authorized the visa in the Victims of Trafficking and Violence Protection Act of 2000 to encourage more illegal immigrants to report crimes. But with the restructuring of the Homeland Security Department and other bureaucratic delays, it took seven years before the official visa regulations were published in October.

In the meantime, immigration officials have approved 10,846 people nationwide for "interim relief" -- the ability to stay in the country and get work permits.

The idea is that stopping violent crime is more important than someone's legal status, victim advocates said.

"We don't want victims suffering through this and being scared to report it," said Charlotte-Mecklenburg police Capt. Lisa Goeltz.

Goeltz said the U Visa benefits investigations because it makes it easier for police to follow up with illegal immigrants and get them to show up for court.

Each year, 10,000 U Visas will be available to victims (plus spouses and children) of a list of about 25 crimes including rape, human trafficking, kidnapping, sexual assault and murder.

The visa lasts up to four years and visa holders who stay in the country for three consecutive years can apply for permanent residency.

Critics say the system could be abused by immigrants falsely reporting crimes to get visas.

But victim advocates say those people get caught because the extensive application forces them to prove they suffered "substantial physical or mental abuse." A law enforcement official also must sign a form to certify that the visa applicant is helping the investigation.

Legal assistance groups say the majority of their U Visa cases in the Charlotte region come from domestic violence victims. Before the U Visa was created, the Violence Against Women Act of 1994 provided some protection, but only for victims whose spouses were legal residents. Under the U Visa, it doesn't matter if the abuser is legal or even married to the victim. That's how Maria qualified for protection.

She said a friend had to literally drag her to the hospital that day in August, where she later filled out a police report and learned about the visa.

Shawn Saucier, spokesman for U.S. Citizenship and Immigration Services, said he expects more people to apply for U Visas now that law enforcement agencies are learning it became official last fall.

Victim advocates say it could take a while to see the increase in Charlotte. For one thing, they said, organizations that offer free, bilingual legal assistance don't have enough staff, so they've been turning people away.

Plus, they said, illegal immigrants have seemed more afraid to report crimes since the Mecklenburg County Sheriff's Office started a partnership with federal immigration officials about two years ago.

Some victims don't realize that sheriff's officials check the legal status only of those who are arrested, not the person reporting them. Even if victims heard they could qualify to remain in the country legally, they hesitate to go to police because they can see the number of deportations rising, advocates said.

A 27-year-old from the Dominican Republic who is applying for a U Visa said she can understand that fear. She carries a card from her lawyer that says she's in the middle of a domestic violence investigation, in case immigration officials question her status. But that card doesn't guarantee that police won't decide to arrest her anyway. She's still technically illegal until the visa comes through.

"I don't go onto the street," she said. "I don't get into a car alone."

Maria actually spent time in a detention center before lawyers were able to get her released on an interim U Visa. She was pulled over in September for expired license plates. Because she didn't have a driver's license, she said, police arrested her in front of her 11-year-old son. She said she tried to explain that she was applying for a visa but was automatically put through the deportation process.

She spent more than three months in jail, first in Charlotte and later in Etowah County, Ala., before her visa paperwork was processed. She was eventually released on Jan. 10.

If she doesn't get the visa, Maria said she'll return to Mexico. Even a better future for her son isn't worth the constant fear of living an "illegal" life, she said, or worse -- going back to a detention center.

http://www.charlotte.com/breaking_news/ ... 58926.html