Language Access and U Visas Serving Immigrant and

Language Access and U Visas: Serving Immigrant and Refugee Victims Effectively Gretchen Hunt, Esq. Training Coordinator Kentucky Association of Sexual Assault Programs KVAA 2013 DRAFT 1

Goals of workshop • Become familiar with language access, cultural considerations and immigration protections as potential options for your clients • Review the kinds of documentation needed for the immigration case • Understand the process of applying for relief from Immigration (or why does it take so long? ) KVAA 2013 DRAFT 2

Opportunities • Provide more safety and stability to immigrant victims • Strengthen ability of law enforcement to enforce laws • Inform more victims of their rights • Reduce power of abusers to use threats of deportation KVAA 2013 DRAFT 3

What are the barriers to immigrants and refugees reporting sexual assault and domestic violence in your area? Your Responses: KVAA 2013 DRAFT 4

The Role of an Advocate • To inform client of options • To support client • To connect client with attorney & other necessary resources (e. g. counseling) * It is not the advocate’s job to file the immigration case or contact immigration KVAA 2013 DRAFT 5

Cultural Considerations Culturally Competent premises in our work with survivors of Sexual Assault and Domestic Violence • All persons have the right to live free from violence. The perpetrator is responsible for the violence. All victims have the right to safety and self-determination, including staying. Domestic violence, sexual assault, and violence against women are present in all cultures, cutting across race, ethnicity, class, sexual identity, religion, etc. – Culture is not an excuse for violence. – All cultures are contradictory in that there is both widespread acceptance of domestic violence / sexual assault and traditions of resistance and empowerment. – Each survivor is not only a member of his/ her community, but a unique individual with their own responses. The complexity of a person’s response to domestic violence is shaped by multiple factors. – Differences exist both between and within cultures. – Just because we perceive someone to be of the same culture as ourselves does not mean we can make assumptions about their experience. – All communities and individuals can take preventative action against domestic violence and sexual assault. Source: Sujata Warrior – – KVAA 2013 DRAFT 6

National Origin Discrimination KVAA 2013 DRAFT 7

Sources of Law • Title VI of the Civil Rights Act – National origin discrimination includes language discrimination – Executive Order of 2000 signed by President Clinton – Department of Justice LEP Guidance of 2002 – Agency specific guidance and policy (e. g. DOJ, HHS) KVAA 2013 DRAFT 8

Title VI of Civil Rights Act of 1964 • Prohibits federal funding recipients from discrimination based upon race, color or national origin • National origin discrimination includes discrimination based on language ALL AGENCIES THAT RECEIVE FEDERAL FUNDING ARE RESPONSIBLE FOR COMPLIANCE KVAA 2013 DRAFT 9

Executive Order 13166 • All recipients of federal funding (including contract agencies) must provide language access to persons with Limited English Proficiency (“LEP”) • Must ensure MEANINGFUL ACCESS to services applicants and beneficiaries. – No difference in services – No unreasonable delay in services KVAA 2013 DRAFT 10

What is LEP? • Limited English Proficiency – English is not primary language – Limited ability to read, write, speak or understand English – Language for LEP individuals can be a barrier to accessing important benefits or services, understanding and exercising important rights, complying with applicable responsibilities, or understanding other information provided by Federally funded programs and activities. – Determination is by person, not by agency KVAA 2013 DRAFT 11

Policy Guidance 65 Fed. Ref. 50123 • The Department of Justice tasked with developing guidance for agencies “Enforcement of Title VI of the Civil Rights Act of 1964 -National Origin Discrimination Against Persons with Limited English Proficiency: Policy Guidance” – Spells out concrete requirements – Offers tips and guidance to agencies KVAA 2013 DRAFT 12

Policy Guidance • Must provide access to LEP individuals • Agencies or entities conduct the following analysis to determine what is compliance: – Number or proportion of LEP individuals served or encountered in the eligible service population – Frequency of contacts – The nature and importance of the program, activity or services – Resources available KVAA 2013 DRAFT 13

What is the Number or Proportion of LEP Individuals in Your Service Area? • Must include language minority populations that are eligible for programs or activities but may be underserved because of existing language barriers. • How determine number of LEP individuals? – Census data, data from school systems and from community organizations, and data from state and local governments. – Community agencies, school systems, religious organizations, legal aid entities, and others can often assist in identifying populations for whom outreach is needed and who would benefit from the recipients' programs and activities were language services provided. KVAA 2013 DRAFT 14

What is the Frequency of Contact with LEP Persons within your Agency? • LEP persons contacting agency on a daily basis means higher responsibilities • But even recipients that serve LEP persons on an unpredictable or infrequent basis should have a plan to provide access • EX: being prepared to use telephonic interpretation services to obtain immediate interpreter services. Recipients should take care to consider whether appropriate outreach to LEP persons could increase the frequency of contact with LEP language groups. KVAA 2013 DRAFT 15

What is the Nature and Importance of the Program, Activity, or Service Provided by your Program? Will the denial or delay of access to services or information have serious or even life- threatening implications for the LEP individual? Ex: safety, law enforcement services or services that impacts rights vs. recreational or less urgent services KVAA 2013 DRAFT 16

What Resources Are Available? • Cost is not defense to non-compliance, but programs can look to costsharing strategies Share resources with other community groups Train bilingual staff to act as interpreters and translators Use telephonic and video conferencing interpretation services Pool resources and standardize documents to reduce translation needs Use qualified translators and interpreters to ensure that documents need not be “fixed'' later and that inaccurate interpretations do not cause delay or other costs – Develop formal use of qualified community volunteers – – – KVAA 2013 DRAFT 17

Oral vs. Written Options • Recipients have two main ways to provide language services: – Oral interpretation either in person or via telephone interpretation service. – Written translation, likewise, can range from translation of an entire document to translation of a short description of the document. • Need to translate VITAL DOCUMENTS Example: A police department in a largely Hispanic neighborhood may need immediate oral interpreters available and should give serious consideration to hiring some bilingual staff. KVAA 2013 DRAFT 18

Competency of Interpreters A COMPETENT INTERPRETER WILL: – Demonstrate proficiency in and ability to communicate information accurately in both English and in the other language – Identify and employ the appropriate mode of interpreting (e. g. , consecutive, simultaneous, summarization, or sight translation); – Have knowledge in both languages of any specialized terms or concepts peculiar to the entity's program or activity – Understand follow confidentiality and impartiality rules – Understand adhere to their role as interpreters without deviating into a role as counselor, legal advisor, or other roles (particularly in court, administrative hearings, or law enforcement contexts) FRIENDS OR FAMILY MEMBERS, ESPECIALLY CHILDREN ARE NOT COMPETENT INTERPRETERS ! KVAA 2013 DRAFT 19

PEOPLE WHO SHOULD NOT INTERPRET IN DOMESTIC VIOLENCE/SEXUAL ASSAULT CASES • • Children: Putting a child in the middle of a parental conflict creates incredible pressure on the child, who is likely to feel torn regarding whom to side with; the child may be fearful of the batterer and feel pressured to interpret in his failure; children may not have vocabulary sufficient to translate legal information to the parent. Family member of the victim: Despite the fact that a family member of the victim offers to volunteer, he or she may be blaming the victim for the abuse and not have a sufficient understanding of domestic violence to effectively provide support to the victim. The family member also might exaggerate the victim’s testimony in order to support her, which can lead to discrediting the victim-witness on cross-examination. Additionally, the family member might not have sufficient vocabulary to translate legal information to the victim. KVAA 2013 DRAFT 20

PEOPLE WHO SHOULD NOT INTERPRET IN DOMESTIC VIOLENCE/SEXUAL ASSAULT CASES (Continued) • • • Family member of the perpetrator/primary aggressor: A family member of the perpetrator/primary aggressor could intentionally volunteer to interpret in order to control what the victim says or manipulate the victim’s words. A family member of the defendant might blame the victim for the abuse. The family member also might not have a sufficient understanding of domestic violence to effectively provide support to the victim. Friend of the family: As with family members, a friend who offers to interpret may wish to control what the victim says, reporting back tot he family what the victim is saying or blaming the victim for the abuse. A friend might not have a sufficient understanding of domestic violence to effectively provide support to the victim. He or she also might not have sufficient vocabulary to translate legal information to the victim. Interpreter used by the perpetrator / primary aggressor: A person who interprets for the batterer should not be asked or allowed to interpret for the victim. This would create a significant risk of replicating the dynamic of power and control that is used in a battering relationship. It could also inhibit what the victim is willing to discuss with the court and with court personnel. Source: Cultural Considerations in Domestic Violence Cases. Family Violence Prevention Fund. 1999 KVAA 2013 DRAFT 21

Timeliness of Services • Interpretation should be provided in a timely manner. • Language assistance should be provided at a time and place that avoids the effective denial of the service, benefit, or right at issue or the imposition of an undue burden on or delay in important rights, benefits, or services to the LEP person. • In providing law enforcement, health, and safety services, and when important legal rights are at issue, a recipient would likely not be providing meaningful access if it had one bilingual staffer available one day a week to provide the service In cases involving victims, timeliness is of the utmost importance ! KVAA 2013 DRAFT 22

Implementation of Language Access Plan 1. Identifying individuals who have limited English proficiency and need assistance 2. Deciding on the ways to provide language assistance 3. Training Staff 4. Notifying persons with limited English proficiency 5. Monitoring and updating the policy KVAA 2013 DRAFT 23

Examples of Prohibited Practices • Language Access Plan that provides only for services in Spanish (failure to adequately assess needs in area) • Asking client to bring own interpreter • Having a plan in place but failing in implementation (staff are not trained, do not know of policy, are not authorized to access interpreters) • Providing unequal access (interpreter on site one day a week, “Hispanic court day”) • Using children as interpreters for provision of services dealing with safety or rights KVAA 2013 DRAFT 24

Complaint Procedure • Complaint form through Office of Civil Rights, Compliance and Review • Department of Justice will look favorably on intermediate steps that recipients take given that compliance will take time KVAA 2013 DRAFT 25

Additional Legal Concerns • Confidentiality – Agency’s own policy – HIPPA • Violation of other duties – Ex: Law enforcement in domestic violence situations has duty to provide information to victim about victim services and rights – Crime Victim Bill of Rights KVAA 2013 DRAFT 26

Resources • Know Your Rights brochures in different languages • “I SPEAK” Cards to identify language • www. lep. gov – Policy guidance for specific agencies – Demographic data – Model programs KVAA 2013 DRAFT 27

Basic Access to Services • Access to Services Necessary to Life and Safety: All individuals present in the United States, including undocumented immigrants, are guaranteed access to services “necessary to life and safety. ” • Source: ( Attorney General Order No. 2353 -2001, “Final Specification of Community Programs Necessary for Protection of Life or Safety Under Welfare Reform Legislation. ”) • Among those services are access to EMS, police, fire, child and adult protective services, domestic violence and rape crisis programs, short term emergency housing, emergency medical care and vaccinations and treatment for communicable diseases. • Agencies that deny such services risk violating civil rights and fair housing laws. KVAA 2013 DRAFT 28

Immigration Options for Victims • • • Battered Spouse Waiver for conditional residents VAWA Self-Petitioning for Abused Spouses and Children of US Citizens/Lawful Permanent Residents U Visa for victims of serious crimes (rape/dv/trafficking) T Visa for victims of severe form of trafficking in persons Special Immigrant Juvenile petition for children who are in foster care/guardianship due to abuse, abandonment or neglect Gender Based Asylum KVAA 2013 DRAFT 29

Intake • Screens for immigration history • Identifies problem areas/red flags • Identifies possible immigration remedies • Should be faxed/sent to immigration attorney ASAP KVAA 2013 DRAFT 30

A Little Herstory Marriage Fraud Amendment (1990): Battered spouse waiver for conditional residents VAWA 1994: Congress created self-petitioning for spouses and children of abusive U. S. citizen or Lawful Permanent Resident spouses or parents Victims did not have to choose between staying silent in an abusive relationship and being deported. KVAA 2013 DRAFT 31

Conditional Resident Waiver · Individual has married to USC for less than 2 years · When spouse petitions for non-citizen spouse, she receives conditional residency, good for two years. · Husband wife must jointly file to remove this condition and make her green card permanent. · However, there are waivers of joint filing requirement: · if marriage was in good faith but was terminated due to divorce · if spouse was subject to battery or extreme cruelty · if non-citizen would suffer extreme hardship if forced to return to home country KVAA 2013 DRAFT 32

VAWA Self-Petitioning · Some spouses and children of US citizens or lawful permanent residents, however, have never had anything filed on their behalf by the relative. · Undocumented women and children who have been subjected to battering or extreme cruelty by a spouse or parent (USC or LPR) may self-petition for their permanent residency. · If unmarried, but have child in common, may also be able to apply. · Even if divorced, may apply within two years of the divorce. KVAA 2013 DRAFT 33

Elements of Self-petition · Identity and that of their children (children may be included on mother’s application) · Identity and status of spouse · Good Faith Marriage · Residence with Abusive Spouse · Residence in USA (or if outside, residence with military spouse) · Battering and Extreme Cruelty · Good Moral Character KVAA 2013 DRAFT 34

Battering and Extreme Cruelty • Being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. . . acts of violence include psychological or sexual abuse or exploitation, including rape, molestation, incest, or forced prostitution as well as other abusive actions that, in and of themselves, may not initially appear violent but that are part of an overall pattern of violence. • Actions against some other person or thing may also qualify if these acts were deliberately used to perpetrate extreme cruelty against the self-petitioner or the self-petitioning spouse’s child. KVAA 2013 DRAFT 35

Documentation · · · · · Affidavit or history of client, detailing all incidents of abuse Affidavit of domestic violence counselor FAP records Military or other protective order Police Reports (need to use interpreter to get detailed information) Hospital Records Shelter Records (because of CIS’s strict confidentiality, batterer may never obtain records) Affidavits of friends and family members Diaries, photos of abuse and destruction of property KVAA 2013 DRAFT 36

Affidavit of Advocate • Important tool in documenting abuse when there is little primary evidence (photos, police reports, hospital records) • Includes counselor’s back ground in DV/SA • Details counselor’s interaction with survivor, including assessment of credibility of client and of client’s good moral character KVAA 2013 DRAFT 37

Good Moral Character · Need to avoid mutual protective orders, findings of abuse or neglect, drug or alcohol abuse, and any arrests for criminal activity · Waivers for good moral character problems and crimes of domestic violence may be available if applicant can show: · · not primary aggressor; and violation of protective order designed to protect her; or acting in self-defense; or crime not result in serious injury KVAA 2013 DRAFT 38

Immigration Documents Form I-360 ($ or fee waiver) Form I-765 ($ or fee waiver) Form I-485 ($ or fee waiver) After submitted, and prima facie notice is issued, eligible for public benefits • May request additional documentation • When approved, work permit is issued, and/or greencard • • KVAA 2013 DRAFT 39

U Visa: A Long Road • Created in 2000 • Regulations implementing the visa were not issued until 9/17/07 (effective date 10/17/07) • Before regulations, victims could apply for “interim relief” of deferred action, which would enable them to apply for employment authorization. Ended 10/17/07 A victim from Kentucky was one of the first to receive interim relief in the country! KVAA 2013 DRAFT 40

U Visa Requirements Alien is victim of qualifying crime/criminal activity Suffered substantial physical or mental abuse as a result Criminal activity occurred in US or violated US law Alien (or in case of alien under 16, parent, guardian or next friend) possesses information concerning criminal activity • Alien (or child under 16, parent, guardian or next friend) has been helpful, is being helpful, or is likely to be helpful to federal, state or local authorities investigating or prosecuting the crime • • KVAA 2013 DRAFT 41

Direct Victim • 8 CFR 214. 14 (a)(14) • Victim “directly and proximately harmed by qualifying criminal activity” Example: Irena, a 22 year old undocumented housekeeper, was raped by her employer. She calls the police, goes for a rape exam and provides testimony leading to a plea deal by the offender. KVAA 2013 DRAFT 42

Indirect Victims 1) Parent, legal guardian or other family member of child under 16 may apply for principal U status Example: Ivan Cano case in Louisville, KY, where mother of abducted four year old boy (who was a U. S. citizen) cooperated with law enforcement in his murder investigation and prosecution. 2) Bystander, unrelated to direct victim if witnessing the crime led to direct injuries Example: Pregnant woman witnesses shooting and is so traumatized she suffers a miscarriage. KVAA 2013 DRAFT 43

Witness Tampering, obstruction of justice and perjury • Who is a victim of these crimes? • Individuals who are harmed when a perpetrator commits one of these 3 crimes in order to avoid or frustrate the efforts of law enforcement • OR individuals who are harmed when the perpetrator uses the legal system to exploit or impose control over them NOTE: No nexus required with one of the other enumerated crimes KVAA 2013 DRAFT 44

Culpability of Victim • A person who is culpable for the qualifying criminal activity being investigated or prosecuted is EXCLUDED from being considered a victim • Does not exclude all individuals who have committed crimes – Ex: victim who agrees to be smuggled into the U. S. but then is held in involuntary servitude is still a victim KVAA 2013 DRAFT 45

Derivatives • Can apply within the U. S. or from abroad at U. S. consulates • If principal applicant is over 21, spouse and children are derivatives • If under 21, spouse, parents and brothers and sisters (18 at age of filing principal petition) KVAA 2013 DRAFT 46

Crimes • • • Rape Being held hostage Torture Peonage Trafficking Involuntary servitude Incest Slave trade Domestic violence Kidnapping Sexual assault Abduction Abusive sexual contact Unlawful criminal Prostitution restraint Sexual exploitation False imprisonment Female genital mutilation KVAA 2013 DRAFT 47

Crimes, continued Blackmail Extortion Manslaughter Murder Felonious assault Witness Tampering Obstruction of Justice Perjury Attempt, conspiracy or solicitation to commit any of these crimes • “or any other similar activity” also encompassed by statute for related, non-enumerated crimes • • • KVAA 2013 DRAFT 48

Occurred in U. S. or violated U. S. law • Includes U. S. territories • Includes Indian lands and military bases • Crime may have occurred overseas and violated U. S. law with extrajudicial reach (ex: sexual abuse of minor overseas) KVAA 2013 DRAFT 49

Possesses Information • Has knowledge and details about crime of which the person is a victim • If under 16, incapacitated or incompetent, parent, guardian or next friend may possess information • Law enforcement may end up charging other crime Ex: Victim of domestic violence calls 911 and reports crime to police. While there, police discover narcotics and charge perpetrator with drug crimes, rather than domestic violence. Victim can still be certified. KVAA 2013 DRAFT 50

Suffered Substantial Physical or Emotional Abuse • Injury or harm to the victim’s physical person or • Harm to or impairment of the emotional or psychological soundness of the victim • “Substantial” refers to either severity of injury suffered by victim or the severity of the abuse inflicted by the perpetrator KVAA 2013 DRAFT 51

Substantial Physical or Mental Abuse (continued) Case by case approach using several factors Nature of injury inflicted or suffered Severity of perpetrator’s conduct Severity of harm suffered Duration of the infliction of the harm Extent to which there is permanent or serious harm to the appearance, health or physical or mental soundness of the victim – Pre-existing physical or mental injury of victim – Series of acts that occur over time--consider in totality NO SINGLE FACTOR IS A PREREQUISITE – – – KVAA 2013 DRAFT 52

Certification • Certifying agencies – Local, state, federal law enforcement – Prosecutor – Judge – Child Protective Services – Equal Opportunity Commission – Department of Labor KVAA 2013 DRAFT 53

Certification • Certifying official – Head of agency – Designated supervisor • What does the agency certify? – – Victim of crime Possesses information about crime or criminal activity Crime occurred in U. S or violated U. S. law Helpfulness KVAA 2013 DRAFT 54

Helpfulness • Detection, Investigation or Prosecution (including conviction and sentencing) • “Has been helpful, is being helpful, or is likely to be helpful in investigation OR prosecution” • Victim may apply at different stages of the investigation or prosecution • Prosecution may not be possible in all situation KVAA 2013 DRAFT 55

Ongoing requirement for helpfulness • Victim cannot refuse to cooperate • Recanting victim cannot apply (but make sure that another crime has not occurred, e. g. witness tampering) • CERTIFICATE can be withdrawn and U Visa status revoked if victim does not cooperate KVAA 2013 DRAFT 56

Admissibility • Applicant (and derivatives) must be admissible to the United States • May seek waiver of grounds of inadmissibility EXCEPT the ground applicable to participants in Nazi persecutions, genocide, acts of torture or extrajudicial killings KVAA 2013 DRAFT 57

Waivers Form I-192 • Waiver available if in public or national interest • Discretionary decision • Balance adverse factors with social and humane considerations present • Favorable discretion should not be exercised for waivers involving violent or dangerous crimes, except in extraordinary circumstances KVAA 2013 DRAFT 58

Victim Statement • VERY IMPORTANT • Should include: – – – Nature of criminal activity When the criminal activity occurred Who was responsible Events surrounding the criminal activity How the criminal activity came to be investigated or prosecuted – What substantial physical or mental abuse was suffered as a result of having been the victim of criminal activity KVAA 2013 DRAFT 59

Additional Documentation • Police reports, court records of disposition • Protective orders • Letters from counselors, friends, child’s teacher, pastors • Shelter records • Photographs taken to document physical abuse • News articles (if crime received media attention) • Hospital records • Other documents showing cooperation and abuse (ANY CREDIBLE EVIDENCE STANDARD) KVAA 2013 DRAFT 60

U Visa Application • Form I-918 ($ or fee waiver request) • Supplement A (qualifying family members) • Supplement B (law enforcement certificate) • Fingerprinting • Applicable waivers • Victim Statement • Other Supporting Documentation Filed at Vermont Service Center, VAWA Unit 10, 000 cap each year (not include derivatives) KVAA 2013 DRAFT 61

If U Visa approved • Non-Immigrant Visa for up to four years • Authorization to work • Can apply to adjust status in 3 years if in public interest, family unity or humanitarian KVAA 2013 DRAFT 62

Adjustment of Status • After three years • Application & fee waivers • Must not have unreasonably refused to provide assistance in a criminal investigation or prosecution • Admissibility • Discretionary decision – Humanitarian grounds – To ensure family unity or – In the public interest KVAA 2013 DRAFT 63

T VISA • Visa available for victims of severe form of trafficking in persons • Need certification of law enforcement • Must comply with all reasonable requests of law enforcement (if 18 or over) • Present in US on account of trafficking • Would face extreme hardship of an unusual nature if removed • 4 year visa; apply for permanent residency after three years of continuous presence & person of good moral character • Family members may be included KVAA 2013 DRAFT 64

T VISA Process • I- (fee or fee waiver request) • I-485 adjustment of status application (after 3 years) KVAA 2013 DRAFT 65

Gender Based Asylum • Door Opens for Battered Immigrant Women Seeking Asylum In a case involving a Mexican woman seeking to escape brutal domestic violence in her home country, Obama Administration officials have taken a position that may open a door to asylum in the United States for some victims of severe abuse. The Family Violence Prevention Fund, Center for Gender and Refugees Studies, and other advocates for victims of violence have long advocated this kind of move. The cautious position was laid out in a legal brief from the Department of Homeland Security (DHS) this spring in the case of L. R. , a Mexican woman who requested asylum because she feared her common-law husband would kill her. The brief only recently became public. L. R. is a teacher whose husband repeatedly raped her at gunpoint, held her captive, stole her earnings, and tried to burn her alive when he discovered that she was pregnant. Local police dismissed her reports of violence, and a judge from whom she sought help tried to seduce her, the court papers say. DHS did not recommend immediate asylum for L. R. , but in its brief government lawyers conclude that “it is possible” that L. R. and “other applicants who have experienced domestic violence could quality for asylum. ” That may open a narrow path for some battered women to receive asylum in the United States. The brief argues that abused women who can show that they are treated as subordinates or property by their abusers, in a country where domestic abuse is widely tolerated and no institutions provide protection, should be granted asylum. The change does not affect women fleeing female genital cutting, whose cases have been accepted in the law since 1996. KVAA 2013 DRAFT 66

Gender Based Asylum (continued) At present, U. S. law requires that any applicant for asylum or refugee status demonstrate a “wellfounded fear of persecution” based on race, religion, nationality, political opinion or “membership in a particular social group. ” Victims of gender-based violence are often not persecuted for their race, religion, nationality or political opinion, so in order to win asylum they need to be recognized as members of a social group. When the government declines to find them to be social group members, they are denied asylum or left in limbo. One such person is Rody Alvarado Peña, who came to the United States from Guatemala in 1995 after suffering vicious abuse at the hands of her husband for more than a decade. At age 16, Alvarado Peña had married a career soldier who raped and beat her, broke mirrors over head, caused her to miscarry, and beat her unconsciousness. Divorce was impossible without her abusive husband’s consent, and with no shelters or other supports available, Alvarado Peña fled to the United States. She was granted asylum in 1996, but in the years since immigration courts have made conflicting rulings that left her in limbo. KVAA 2013 DRAFT 67

Special Immigrant Juvenile • Under 21 and unmarried • Committed to state custody (foster care/guardianship) due to abuse, abandonment or neglect • Eligible for long term foster care/no hope for reunification • May apply for permanent residency • Form I-360 KVAA 2013 DRAFT 68

Legal Services International Center 806 Kenton Street Bowling Green, KY (270) 781 -8336 Catholic Charities Office of Immigration Services 2911 S. Fourth Street Louisville, KY 40208 (502) 637 -9097 Kentucky Refugee Ministries 969 B Cherokee Rd. Louisville, KY 40204 phone: 502. 479. 9180 fax: 502. 479. 9190 Legal Aid of the Bluegrass 859 -233 -4558 Maxwell Street Legal Clinic 201 E. Maxwell Street Lexington, KY 40508 (606) 233 -3840 KVAA 2013 DRAFT 69

Additional Resources • ASISTA, http: //asistahelp. org/ • Family Violence Prevention Fund, www. endabuse. org • Immigrant Legal Resource Center, www. ilrc. org • Campaign to Rescue and Restore Victims of Human Trafficking, www. acf. hhs. gov/trafficking KVAA 2013 DRAFT 70

Immigrant Women Workers: Resources • Sexual Harassment: http: //www. eeoc. gov/laws/types/sexual_harassment. cfm (complaints, filing deadlines) • Exploitation of Immigrant Women Workers: Injustice on Our Plates: Immigrant Women in the US Food Industry, www. splcenter. org • KY Labor Cabinet : http: //labor. ky. gov/Pages/Labor. Home. aspx (wage and hour laws, filing a complaint) • Language Access: www. lep. gov (guidance, resources, filing a complaint) • ICE Raids/Know Your Rights: http: //www. ilrc. org/for-immigrants-parainmigrantes/know-your-rights • Immigration Protections for Victims: www. asistahelp. org (technical assistance, resources) KVAA 2013 DRAFT 71

Questions? • Ghunt@kasap. org KVAA 2013 DRAFT 72