The Violence Against Women Act & Immigration Fraud
"The time for reform is NOW!"

Title VIII of the Violence Against Women Act (VAWA) addresses the needs of battered immigrants. The plight of abused immigrants should concern us all. But most people are unaware how Title VIII of VAWA is being used to allow and encourage immigration fraud.

VAWA Facilitates Immigration Fraud
* Allows an immigrant to self-petition for a green card based on claims of domestic violence, without providing any hard proof of abuse
* Provides free legal services to immigrants who merely claim abuse
* Eliminates traditional standards of proof; Requires only one-sided proof of abuse, such as a personal statement by the immigrant, or an Ex-Parte Restraining Order which requires no evidence to receive
* Bans all evidence by the alleged abuser, even if it shows fraud or illegal behavior; A US citizen merely accused of abuse is classified as a "prohibited source"
* Overrides deportation hearings when an immigrant claims to be a victim of spousal abuse
* Allows unlawful or illegal aliens, often with criminal backgrounds, to qualify for the self-petitioning process
* Removes any responsibility from the self-petitioner for bringing false claims of abuse
* Centralizes a decision-making body for all self-petitions to the Vermont Service Center, staffed with VAWA trained personnel acting under VAWA instructions

American Women Are Being Abused By VAWA
The Violence Against Women Act was originally passed in 1994 as national legislation to provide services to battered and abused women. Now, American women are having VAWA used against them by their immigrant spouses. VAWA has opened the door for a woman's immigrant spouse to bypass the immigration laws of the U.S. and all immigration fraud safeguards applicable to other immigrants by merely claiming to be a victim of abuse. Was this really the intention that was envisioned when the immigration provisions were added to VAWA?

Safeguards, False Allegations, & Due Process
In general, VAWA provides needed safeguards to an abused immigrant spouse. The immigration provisions of VAWA prevent immigration law from being used by an abusive citizen or LPR spouse as a tool to prevent an abused immigrant spouse from reporting abuse or leaving the abusive relationship. These safeguards assume that the immigrant spouse is indeed abused. What these safeguards fail to consider is the possibility that the immigrant spouse is being untruthful. VAWA provides NO safeguards to prevent or even deter an immigrant spouse from lying about spousal abuse. In fact, VAWA provides almost unconditional legal and political immunity to any person who claims abuse regardless of his/her legal status, previous criminal activities, or personal agenda for coming to the U.S. Under the cover of this immunity, VAWA facilitates these immigrants to become new citizens of the U.S. by fraudulent means.

The most fundamental principle of the American criminal justice system is the right to due process. Under VAWA immigration provisions, an American citizen accused of partner abuse has no legal standing to refute the claims of the immigrant spouse with the US government. In fact, the accused may not have even been informed of the allegation! Safeguards need to be added so true abuse victims are protected without taking away the rights of an alleged abuser. Due process includes providing every American citizen the opportunity to refute a false allegation of spousal abuse, wherever that claim may be made.

The Need For Reform
It is clear that the current system is flawed and needs significant reforms. Immigration provisions within VAWA are compromising the integrity of the U.S. immigration system. The 2010 re-authorization of the Violence Against Women Act must include changes that will close the immigration loopholes that are currently in place.

What is the impetus to make these immigration related changes to VAWA?
* According to a recent report by SAVE, VAWA funded immigration fraud costs US taxpayers $170 million per year. To see this report, please click here
* Real victims of abuse are hurt because widespread false allegations of abuse inevitably cast doubt on the validity of real victims' claims.
* Scarce resources are being diverted away from the true victims of domestic abuse.
* Current provisions allow an illegal immigrant to become legal by claiming abuse.
* Honest American citizens are being subjected to unfounded allegations of abuse that have led to emotional and financial ruin, just so an immigrant can get a green card.
* Immigrants who falsely claim abuse have more rights and protections than law-abiding American citizens!

Restore Due Process
Voice of American Immigration Fraud Victims has a plan for the changes that must be made to VAWA to close the immigration loophole. We are not advocating to repeal VAWA, nor are we looking to take away an immigrant's ability to file a self-petition when confronted with an abusive relationship.
The following policy recommendations could dramatically improve the immigration system's integrity by making marriage-based immigration fraud much more difficult by removing the incentive to make false allegations of abuse.
* Investigations should be conducted by trained officers of the local service centers, as opposed to investigators that are potentially thousands of miles away from the Self Petitioner.
* The American spouse should be made aware of the Self Petition, and should be made a part of a Self Petition investigation. The American spouse must be allowed to present evidence and testimony that can contradict the immigrant spouse's claims of abuse.
* Material evidence showing prior immigration marriage fraud (concealing bigamy, falsifying immigration documents, forging signatures, etc) must be accepted and made a part of the Self Petitioner's file over the confidentiality clause.
* Self Petitions should be denied if prior marriage fraud is found, or if the preponderance of the evidence shows that there is no abuse.
* Determination that the Self Petition is false and was filed only for obtaining immigration benefits should make the Self Petitioner subject to fines, prison, and deportation.
* Deportation procedures and other existing immigration laws should be enforced when immigration fraud is found.
* Legal professionals who knowingly assist in promoting immigration fraud should be subjected to fines, prison sentences, and other punitive actions up to the loss of licenses to practice.

PLEASE DO NOT CONSIDER THE 2010 REAUTHORIZTION OF THE VIOLENCE AGAINST WOMEN ACT UNTIL THIS IMMIGRATION LOOPHOLE IS CLOSED FOREVER!

For information regarding our proposed changes, please contact us:
Voice of American Immigration Fraud Victims
www.immigrationfraudvictims.com
info@immigrationfraudvictims.us