Virtually no one can secure an immigrant visa (sometimes referred to as a green card because of its original color) without being sponsored by a close family member who is either a U.S. citizen or a legal permanent resident. Non-immigrant visas, of course, are available to visit, study, and even work in the United States but to live permanently in the United States ordinarily a person must be sponsored by an immediate family member.

The law assumes that a citizen or legal permanent resident married to an undocumented person will request a visa for his undocumented spouse in the interest of family unity. Unfortunately, some perpe­trators of domestic violence use the undocumented status of their spouses as an additional form of abuse. They refuse to petition for their spouses and threaten them with deportation and separation from their U.S. citizen children.

In 1994, Congress amended the Immigration and Nationality Act to remedy the situation and enable these victims to self-petition. Since 1997 Casa Corne­lia Law Center has been providing legal assistance to women with this legal right to immigrate, to file visa petitions.

Working with social service organizations and churches, Casa Cornelia Law Center conducts monthly outreach workshops to determine who among the participants are entitled to apply for a visa. For all those who qualify, Casa Cornelia provides follow-up sessions to prepare and file their visa petitions. Although the criteria for eligibility may appear relatively simple, fil­ing a visa petition can be a lengthy and complicated process.

The preparation of a petition can also be an emotionally wrenching experience for the victims who must provide detailed evidence of extreme abuse. Some have never shared their stories before; some are still living with their abusers and are very fragile. It takes a minimum of thirty hours to complete a petition; once filed, it may take over a year before approval is granted.

Approval of the visa petition does not mean that an immigrant visa will be immediately issued. It means that when a visa becomes available, it will be granted. Some Casa Cornelia clients will wait as long as five years before being issued a visa. In the meantime, they are given authorization to work legally in the United States and given a deferred action status which will prevent their being deported. In 2004 sixty-five victims of domestic violence had their visa petitions approved.