Evidence for an I-360 Battered Spouse Petition - Sometimes, less is more!

You may have heard this saying: Sometimes, less is more.

Today, we received a somewhat surprising approval for a client who had filed an I-360 visa petition as a battered spouse of a United States citizen. From the very beginning, the case had very little evidence. Often times, this is the situation, since the victim does not "keep" any evidence in anticipation of having to file a battered spouse claim with the U.S. Citizenship and Immigration Services ("U.S. CIS"). In fact, the opposite is true - because the victim does not want to disclose the abuse or has never talked about it with anyone, he or she has no evidence, including any witnesses, to support a claim.

Our client, from the very beginning, was reluctant to talk about the abuse she had suffered. Understandably, she simply wanted to "put the past behind" her and she had repressed all the bad memories of her marriage to her abuser. Indeed, we found this case to be challenging, since we were dealing with no real evidence of abuse or "extreme cruelty" by her United States citizen spouse. All we had to go on was her word.

As lawyers, we always focus on evidence and corroborating a claim, especially a claim as delicate as abuse. The reality of practicing immigration law is that often times, claims must be made without any evidence. If a client simply does not have any evidence to put forward, the claim will often rest of the client's own statement or testimony. This is often true in cases involving a battered spouse claim or an asylum claim.

Over the summer, the U.S. CIS sent a notice to us informing that it was not convinced that our client's claim rose to the level of "extreme cruelty" or abuse by her husband. Of course, my client was shocked to hear this, but we had to explain to her why this was the case. How would the U.S. CIS really know what happened during the marriage of a victim and the abuser if there is no evidence to back up the claim? Why should the U.S. CIS believe a victim's claim without any corroborating evidence?

Notwithstanding lack of evidence, in response to the U.S. CIS notice, we replied and explained in detail why our client deserves to have her petition approved notwithstanding any corroborating evidence. Working closely with our client over course of several hours in several days, we prepared a reply to the U.S. CIS' notice doubting our client's claim. Our clients are worth spending our time on.

Much to our pleasant surprise, the petition was approved this week! Our client was speechless and overjoyed. She will now be able to pursue adjustment of status and obtain her permanent residency in the United States.

The lesson: Never give up on a case, no matter how hopeless it may seem in the beginning! And sometimes, less is more.

-Ruchi Thaker

Immigration Detention: Overview and Recommendations

On October 6, 2009, the U.S. Immigration and Customs Enforcement ("ICE"), an agency within the Department of Homeland Security ("DHS") that is charged with enforcement of immigration laws, issued a comprehensive report discussing current detention standards and policies and recommendations for the future.

-Ruchi Thaker