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What Happens at an Immigration Marriage Fraud Interview BY IIONA BRAY
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f U.S. Citizenship and Immigration Services (USCIS) has doubts about whether the marriage that you're using as the basis to apply for a green card is a real one, they will summon your spouse and you (if you're in the U.S.) for an interview before approving the I-130 petition (the one your spouse filed to classify you as the spouse of a U.S. citizen or permanent resident). The purpose is to provide USCIS an opportunity to continued on page 3
Big Victory: New York State Courts Prohibit ICE from Arresting Individuals Inside Courthouses Without a Judicial Warrant
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mmigrants’ families and advocates are celebrating a huge victory after the New York State Office of Court Administration (OCA) recently announced new rules prohibiting ICE from arresting individuals in state courthouses without a judicial warrant or judicial order. Before this rule change, ICE often entered court buildings with only administrative ICE warrants and most often did not show any warrant at all. New York is the first state in the country to make this groundbreaking rule change.
The new rule comes after a two-year community campaign by the ICE Out of Courts Coalition pushing for court rules and legislation to keep ICE from laying in wait for immigrant victims, witnesses, defendants and family members in and around courthouses across New York. Just last week, the coalition renewed the call for court rules in an 80-page report measuring the harmful impact of ICE’s increased courthouse operations. While the new rule makes a huge change inside courthouses across the state, ICE agents can still wait in parking
lots or stand outside court buildings to try to pick up immigrant New Yorkers as they attend or leave court. That is why advocates are urging the NY state continued on page 2
5 Subtle Signs of Emotional Abuse You Might Be Missing VIA 311DIVORCE.COM
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Vol. 105
omestic abuse is unfortunately widespread. Over 3 million cases are reported each year in the US alone, with millions more suspected of going unreported, or even unnoticed. Verbal abuse is the most common form of maltreatment, but it also one of the least recognized because it is insidious and subtle. While lying, blaming, threatening, judging, criticizing, name-calling, ordering, and raging are
easy to identify, there are other, less overt, forms that are more difficult to recognize, but still just as damaging. 1. Blocking Blocking is a diversion tactic. The abuser switches topics or blames you to divert your attention from your concerns, often leaving you feeling disoriented and betrayed. Often the words used here can be summed up by the phrase “Shut up!” continued on page 2
Immigrants Urged to Seek Care Without Fear
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YC Health + Hospitals and the Mayor’s Office of Immigrant Affairs re-released a joint open letter to New Yorkers in 14 languages making a promise that no one will question their immigration status when they seek care at any of the public hospitals or community health centers across the five boroughs. In what has become tradition to recognize Immigrant Heritage Week, NYC Health + Hospitals President and CEO Mitchell Katz, MD, and Immigrant Affairs Commissioner Bitta Mostofi reaffirmed the health system’s commitment to protecting the immigration status of New Yorkers and urged immigrants to seek care without fear. Improving health care access for immigrant New Yorkers is part of the City’s plan to guarantee coverage for all through the NYC Care program that NYC Health + Hospitals will officially launch this summer. “More than 40 percent of our patients were born outside the United States. If they forgo the health services they need because of fear, we can see much of the progress we’ve made to keep New York City communities healthy come undone. We would see declining health outcomes across the City, more complicated pregnancies, premature births, and increased risk of spreadable disease,” said Dr. Katz. “But we are not going to allow any immigrant family to suffer without the care they need and deserve. We want all New Yorkers to know that no matter what happens in Washington, NYC Health + Hospitals’ mission remains intact and our dedicated workforce will continue to provide care to all New Yorkers without exception.” “While the Trump Administration attempts to undermine access to health care, particularly for immigrant communities, New York City remains open and welcoming to all, including at NYC Health + Hospitals facilities across the City, said Bitta Mostofi. It is critical for families to receive the care they need, without fear or concern and in your language. I want to thank Dr. Katz and the exceptional health practitioners at H+H for their unwavering commitment to serving immigrant New Yorkers.”l
IMMIGRATION MATTERS USCIS Strengthens Guidance for Spousal Petitions Involving Minors
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ASHINGTON: U.S. Citizenship and Immigration Services (USCIS) recently announced additional guidance regarding the adjudication of spousal petitions involving minors, following up on the agency’s February update to its policy. The guidance, published as an update to the USCIS Adjudicator’s Field Manual (AFM), instructs officers to conduct an additional interview for certain I-130 spousal petitions involving a minor. Generally, the bona fides of the spousal relationship are assessed in person by USCIS when the alien spouse applies to adjust status, or by the Department of State when the alien spouse applies for an immigrant visa. However, I-130 spousal petitions involving a minor party warrant special consideration due to the vulnerabilities associated with marriage involving a minor. As such, USCIS is modifying its policy to require in-person interviews at this earlier stage for certain I-130 petitions involving minor spouses. “As part of our continued efforts to strengthen guidance for spousal petitions involving minors, we have instructed USCIS officers to conduct an additional in-person interview earlier in the immigration process for certain petitions that
warrant additional scrutiny,” said USCIS Director L. Francis Cissna. “While USCIS has taken action to the maximum extent possible to detect and closely examine spousal petitions involving a minor spouse, Congress should address this issue by providing more clarity under the law for USCIS officers.” Interviewing earlier at the I-130 petition stage provides USCIS with an additional opportunity to verify information contained in the petition and assess the bona fides of the claimed spousal relationship. l Source: uscis.gov
2 Signs of Abuse/from page 1 2. Interrupting and Undermining Finishing one another’s sentences is often seen as a romantic sentiment, but when an abuser does it, it’s to cut you down or to presume to know your feelings or statements. When abuser repeatedly uses this tactic, it can leave you feeling frustrated and questioning your self-worth. Most of the time, this tactic takes the form of interrupting aggressively or turning your own words (presumed or stated) against you. 3. Opposing Instead of treating you as a partner or an equal, the abuser treats you as an adversary, turning your own words against you as if they were ammunition. Often, your beliefs, perceptions, opinions, or morals will be questioned or attacked, making positive
and constructive conversation impossible. When you give up out of frustration, the abuser will insist that he or she “won” the argument, as if your concerns were part of a competition.
4. Discounting and Belittling With this form of verbal abuse, the abuser makes you feel like your opinions are worthless or wrong. This scorn causes you to shut down, question your stance, or even your self-worth. continued on page 3
Courts Prohibit ICE/ continued from page 1
legislature to pass the Protect Our Courts Act, which would keep ICE out of the area surrounding court buildings so that they cannot prey on immigrant families interacting with the court system. “For two years ICE has defied the calls from advocates, elected officials and court practitioners—including judges, defenders and prosecutors—to stop using the courts to target immigrants,” said Immigrant Defense Project Acting Executive Director Mizue Aizeki said, “ OCA has taken a significant step towards recognizing the significant harms created by ICE’s presence in the courts. The next step is for Albany to pass the Protect Our Courts Act, to end ICE’s practice of arresting people as they are coming to and leaving court.” “All New Yorkers should be able to access New York State courthouses without fear or intimidation by ICE, which is why OCA's announcement is a critical step forward for our communities” said Natalia Aristizabal, Co-Director of Organizing, Make the Road New York. “Our community members have seen an unprecedented increase in ICE raids at the courts, which makes us all less safe. OCA's new rule will significantly limit
this dangerous practice. The next step is for New York legislators to pass the Protect Our Courts Act so that all New Yorkers will know, once and for all, that they can access courthouses without fear of ICE.” “No survivor should have to face the threat of deportation for holding an abuser accountable. No abuser should go free because a victim fears ICE,” said Evangeline M. Chan, Director, Safe Horizon Immigration Law Project. “Today’s directive from the Office of the Chief Administrative Judge will help ensure survivors can seek and access justice.” “Upstate New York knows far to well the devastating impacts of ICE raids in our courts. From community members with traffic tickets to domestic violence survivors, our community is terrified to go to court,” said Bryan MacCormack, Executive Director, the Columbia County Sanctuary Movement. l
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IMMIGRATION MATTERS Marriage Fraud Interview/
Signs of Abuse/from page 2
continued from page 1
ask questions about your marriage, to make sure it's not just a fake arrangement to get you lawful permanent residence. Being called for a fraud interview that's not part of the usual application process is definitely not a good sign. It means that your application has been singled out because you haven't given enough evidence to prove a real marriage, your application contains some inconsistencies, or something about you and your spouse looks suspicious. But if your marriage really is authentic, you shouldn't be worried. The interview is your opportunity to show USCIS that you married because you wanted to, and not just to get a green card. Marriage fraud interviews will occur even after the I-130 is approved. Almost always, if you are "adjusting status" (applying for your green card without going back to your home country to get a visa), USCIS will call you and your spouse in for an interview. Although the purpose of this interview is not just to uncover fraud, the USCIS officer will be questioning you and your spouse and looking for any signs that your marriage is not real. The same thing will happen if you're outside the U.S. at a U.S. consulate applying for an immigrant visa based on your marriage (although your spouse probably won't be able to attend this
interview with you). The visa officer will want to hear you give a realistic account of the development of your relationship. The officer will also try to spot any inconsistencies between your story and the application forms and documents. If you have not reached your second wedding anniversary by the time you are approved for a green card or enter the U.S. on an immigrant visa, you will receive what's called conditional residency, which lasts for two years. A fraud interview can be scheduled during or at the expiration of that time, as well. If after an initial interview USCIS still has suspicions, and you're in the U.S., it will summon you and your spouse for a second, more intense and probing interview, known as a "Stokes" interview. This might be the time to start worrying. If you get notice of a second (Stokes) interview, consider hiring a lawyer to attend the interview with you. The
lawyer does not really have a lot of power over the questions that you are required to answer, but can be a calming influence on everyone. Also, if the lawyer attends the interview, he or she will be better prepared to deal with any follow-up matters. In the classic Stokes interview—and sometimes during an initial green card interview—a USCIS officer puts you and your spouse in separate rooms and asks each of you an identical set of questions. Later, the officer compares your answers to see whether they match up. You and your spouse should be ready for any and all types of questions, from what you gave each other for recent holiday gifts to the form of contraceptive (birth control) you use, if any. The questions vary among different officers and different years.l Source: nolo.com
5. Denying and Gas-Lighting Abusers often deny promises they made or events that happened, including abuse, which can make you question your memory and sanity. It is manipulative and maddening. They often combine contradiction with victim-blaming, which only increases the damage. Abuse in any form is damaging. Many of the above behaviors start slowly and progress over time, so the victim doesn’t realize how unlivable their situation is until the abuse reaches a dangerous (and often violent) point. If you, or a loved one, recognize any of the above behaviors, even if it is just occasionally, then make sure that you and your family are safe, and then seek further advice from a counselor. Assistance If you are in an abusive relationship and depending on your spouse for immigration benefits—that is, petitioning on your behalf for a Green Card—help is available. You can do a Spousal Abuse Peition through the Violence Against Women Act (VAVW). Call718-222-3155 now for a FREE Consultation.l
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