A look at the Violence Against Women Act and gender-related political asylum.

Abstract

This article explores two developments in immigration law that have provided avenues for women seeking lawful immigration status to independently assert their rights. The Violence Against Women Act (VAWA) was signed into law on September 13, 1994 and contains the Battered Immigrant Women Provisions that allow battered women to obtain lawful permanent resident status through self-petitioning or suspension of deportation. VAWA applicants should obtain assistance from an immigration expert who can help them in acquiring work authorization and who could prove that the applicant's deportation would result in extreme hardship to themselves or to their children. Other requirements and important details of these provisions are substantially explained in the article. The second development involves the issuance by the Immigration and Naturalization Service (INS) on May 26, 1995, of a memorandum setting forth considerations for the evaluation of women's asylum claims. This memorandum is entitled "Considerations For Asylum Officers Adjudicating Asylum Claims From Women" and sets out guidelines that provides access to political asylum to women seeking protection from gender-specific persecution. A summary of the issues addressed by the INS gender guidelines are presented.