ASISTA

Eligibility for VAWA

Proof of Status of Abusive Spouse

  Information about getting birth certificates
This website provides information about procedures and requirements for each state to get a copy of a birth certificate. You can use this information to try to get birth certificates to prove citizenship of an American-born United States Citizen abuser.
 

Good Faith Marriage

  Information about getting marriage certificates
CDC page showing how to get marriage certificates to show traditional marriage.
  States recognizing common law marriage
Link to the National Conference of State Legislatures with information on states that recognize common law marriage
  Islamic Marriage Contracts: A Resource Guide For Legal Professionals, Advocates, Imams & Communities (2012)
Islamic Marriage Contracts A Resource Guide For Legal Professionals, Advocates, Imams & Communities 2012 Written By Maha Alkhateeb Peaceful Families Project Sponsored By Asian & Pacific Islander Institute on Domestic Violence and Battered Women's Justice Project
  ASISTA Amicus Brief on VAWA Good Faith Marriage (Feb. 2015)
ASISTA Amicus Curiae Brief in Support of Applicant's Appeal of the Denial of her I-360 Self-Petition
 

Battery or Extreme Cruelty

  Extreme Cruelty: What it is and How to Prove It
Asista's fall 2006 newsletter, including an article by Sally Kinoshita on recognizing and proving Extreme Cruelty.
  Domestic Violence Advocate Declaration Guidelines
list of guidelines for experts submitting affidavits in VAWA Cases
  Motion for Leave to File Amici Curiae Brief and Appendix of Authorities In Support of Petitioner and Reversal
Motion for Leave to File Amici Curiae Brief and Appendix of Authorities In Support of Petitioner and Reversal in Leiva-Mendoza v. Holder, an Appeal in the 8th Circuit.
  Rueda de Poder y Control- Spanish
Formas en las que la Mujer Experimenta el Abuso Domestico- Mujeres Inmigrantes
  Power and Control Wheel- English
Forms of Domestic Violence that Women Experience- Immigrant Women
  Amicus Brief, Leiva-Mendoza 8th Circuit Appeal
This amicus brief for the National Network to End VIolence Against Immigrant Women discusses extreme cruelty in the form of children witnessing abuse in the home, providing the history and purpose of VAWA as context and social science background.
  Amicus Brief Hernandez
The seminal VAWA case in the 9th, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law.
  Hernandez Brief's Decision
The seminal VAWA case in the 9th, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law.
  Amicus Brief Lopez
The seminal VAWA case in the 9th, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law.
  Lopez Brief's Decision
The seminal VAWA case in the 9th, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law.
 

Good Moral Character

  Analyzing Good Moral Character and Inadmissibility Issues in VAWA cases
Fall 2008 Asista newsletter which includes an article by Sally Kinoshita entitled: Analyzing Good Moral Character and Inadmissibility Issues in VAWA cases.
  Determinations of Good Moral Character in VAWA-Based Self-Petitions
This memorandum on good moral character should be read along with its two attachments and accompanying notes, and the ASISTA newsletter article on good moral character.
  Attachment 1 to previous Memo: Waivable Conduct Contained in the Statutory Bars to Establishing Good Moral Character
This first attachment to the good moral character memo provides a chart of various statutory bars to establishing good moral character and whether they are "waivable" for pruposes of overcoming good moral character problems for VAWA self-petitioners. CIS has acknowledged that its reference to 212(a)(9)(A) is no longer statutorily accurate; that bar applies to bigamy at 212(a)(10), not prior removals at (9)(A).
  Attachment 2 to previous Memo: Authorities Affecting False Testimony Determinations
This second attachment to the good moral character memo discusses the standards for the good moral character bar based on false testimony. Please note that the only false USC claim that IS a bar to GMC is a false claim to vote. General false claims to USC are NOT a GMC bar but implicate the "residual" GMC category. CIS agrees with this approach, so to the degree that this memo implies otherwise, it is legally inaccurate.
 
©2018 Asista. All Rights Reserved