Queens is a borough of diversity, full of people from all different cultures. While this makes it a unique and interesting place to live, it also presents challenges when it comes to dealing with domestic violence.
Jerome Wisselman, a partner with the law firm Wisselman, Harounian & Associates, P.C., which specializes in family law, said that he definitely thinks it takes immigrants longer to take the first step to end domestic violence. He said this is because it can take a person a couple of years, once they arrive in the United States, to assimilate to a new way of life and start to look at things differently.
“They observe, over a period of time, what goes on in this country for the most part compared to what they experienced in their countries,” Wisselman said. “Once they become more connected to what’s going on here they start to question their relationships and their roles.”
Along with cultural differences, financial control or a lack of resources can also play a role in an immigrant’s hesitation to take action.
Jacqueline Harounian, another partner in the firm, said, “I think in certain countries the roles of men and women are clearly defined and it’s more traditional in terms of the rights men and women have. It’s sometimes shocking for them to come in and realize that they are entitled to half of the assets or that some of that income is really their income or that the laws here are really quite fair in terms of financial distribution of assets.”
Some immigrant victims might be afraid to leave their abuser because they are the ones who helped them get to the United States.
“Sometimes they may not be here without the help of their batterer who may be their husband who is sponsoring their citizenship and that brings a whole new realm in terms of power and control that the defendant has over his victim,” said Scott Kessler, the Assistant District Attorney of Queens and Bureau Chief of the Domestic Violence Bureau.
Immigrant victims also have an additional fear related to their abuse – that of being deported. Although victims may fear deportation, that is not always the case.
Through the Violence Against Women Act (VAWA), immigrants who were married to a permanent resident or citizen and are a victim of domestic violence can petition for residency. According to Kew Gardens attorney Nester Diaz, who formerly worked in the Kings County district attorney’s domestic violence bureau, men, women and children who were victims of physical or mental abuse can apply for a visa using this.
Diaz said that undocumented immigrants may have little means to get a job and become financially independent.
“The VAWA actually allows them to get at least a temporary work authorization,” said Diaz, who now practices criminal defense, immigration and family law. He added that the work authorization can help them leave the abuser and that they could eventually be able to apply for residency.
Another option immigrants might be able to take advantage of is the U-Visa, which Diaz explained is “designed to provide immigration status to non-citizens who are assisting or willing to assist” with the investigations of certain crimes. Although this can include domestic violence, it is not limited to it.
“There are services out there,” Diaz said of what immigrants should keep in mind. “There are ways for them to leave this oppressive situation and there will be an opportunity for them to apply for residency.”
More on domestic violence: part 2 of our series.
THE CRIPPLING DAMAGE TO CHILDREN
TRAINING PEER EDUCATORS TO PREVENT ABUSE
LANGUAGE LINE SPEAKS YOUR LINGO
VERIZON ‘HOPES’ TO USE OLD PHONES TO HELP
Stories and links from part 1 of our series on domestic violence can be found here:
THE SILENT SHAME- AN INTRODUCTION TO DOMESTIC VIOLENCE
