Today’s blog
Lynn Murphy Mark
An immigrant’s story
I know a good woman. I’ve known her for almost three years. The amount of paper involved in her case is more than two reams thick because hers is not a simple story. She is from a small nation in the Caribbean who met a man from her same country. This man had become a US citizen by naturalization. He visited her often and began talking about bringing her and her son to the United States. He asked her to marry him. There had been a few problems with his behavior but he told her he was under a lot of stress. He said things would be so much better if she would come to St. Louis and become a part of his life.
She was granted a visa, so three years ago she brought her six year old boy with her to live in a new country. They got married quickly and quietly at the courthouse downtown. And then the trouble started. He was no longer interested in courting her and made it clear to her that she was to be his housekeeper and do whatever he told her to do. He was king of the house and she was to be his consort whenever he wanted. Her son was made to sleep on a couch in the living room, where people came and went with regularity. When she tried to talk to him about it he reminded her where she would be if he had not been so generous toward her.
In several months his behavior became so cruel that her son would cry about how mean the husband was toward my client. The boy wanted to be anywhere but where they were. My client is an independent woman and when she could no longer tolerate his behavior she left him and found a shelter for victims of domestic violence. Next March, she will have been there three years. That is likely to end sometime next year and she will be homeless and unemployed and raising two boys.
She was referred to us and she qualified to apply for a special visa under the VAWA (Violence Against Women Act) program. It is designed for immigrants who marry a US citizen or Green Card holder and are subsequently abused. The program requires a lot of documentation to get a “Prima Facie” (Latin for “a strong case”) decision. In fact, not too long into the process she got that coveted letter telling her that she had a Prima Facie case. We thought we were well on our way. If she is granted this visa it comes with a work permit card and a green card for her and for her son.
USCIS (United States Citizenship and Immigration Services) moves at a glacially slow speed. Her case has been pending for almost three years and despite writing many letters asking for a timely decision for a work card, she still does not have one. She is a perfect example of people desperately waiting for a work authorization document. Most clients are women with children and they very much want to work, but are unable to do so legally. This factor keeps them captive in domestic violence shelters – as long as the shelter agrees to keep them.
Despite the difficulties of raising children in a DV shelter setting, she has made sure her son is enrolled in school. She, herself, is an “international student” and has the opportunity to study for a nursing degree at the Community College. Next year they will not accept her as a student any more because she has been there for two years and that’s all the time she’s allowed as an immigrant. Besides, she depends on donations to pay her tuition.
Last week I got a denial letter for her whole case. The reason involves a long story, but suffice it to say that in three years we have jumped through every hoop that USCIS has thrown our way. My cynical self thinks part of this is because she is a person of color. She also became pregnant with her husband and gave birth to a boy who has medical problems and will need special services. That child is a US citizen, entitled to those services. USCIS states that the use of public benefits does not necessarily affect cases. I have trouble believing that. Her ex-husband wants nothing to do with the boy, so she is raising him alone.
We are not going to accept the denial. I am going to file a whole new case for her. We do have the right to do that. Unfortunately, this puts her case right back at the end of a very long line. We are gathering all kinds of documents showing why she deserves to stay in the United States, and I will appeal to the “Humanitarian Hot Line” to take a special look at her case. Prayers for her and her sons would be appreciated.