By Kasey Husk
At Eagan Immigration, we know that every immigrant has their own reason for choosing to leave their home country. Some flee violence or poverty, others want to seek more educational opportunities or reunite with other family members who have preceded them. However, by far, the most common reason we hear at Eagan Immigration no It is that our clients want these things for themselves. It is that they want opportunities and security for their beloved children.
In the month of May, many nations take the opportunity to celebrate mothers. In much of Latin America, Mother's Day is celebrated on May 10 of each year. In the United States, Mother's Day is celebrated on the second Sunday of the month; in 2024, Mother's Day is May 12. With this in mind, Eagan Immigration wants to honor one of our clients, whose determination and courage allowed her daughter to escape the danger she faced in her native Colombia.
*Names and some details have been changed to protect the privacy of our clients.
The story of Valentina
“Valentina”, originally from Colombia, could not have been happier when her firstborn was placed in her arms in 2006. She knew she would do everything in her power to give the girl she named “Carolina” the best life possible, and she believed her daughter's father felt the same way. Unfortunately, however, Valentina's partner thought differently. Within a few years of Carolina's birth, he abandoned the family and refused to support his daughter.
Valentina was already struggling to support her daughter with the help of family members when the war arrived at the family's doorstep. The Revolutionary Armed Forces of Colombia (FARC) were a revolutionary guerrilla group that funded their decades-long battle against the Colombian government through tactics such as kidnapping, extortion, and drug trafficking. These combatants came to Valentina's house and began demanding “rent” from her and her family. Valentina had no money to pay, and time was running out. She was terrified that Carolina would be kidnapped to force her hand, or killed to punish her for non-compliance. With no other options, Valentina did the only thing she could: she fled. She and Carolina arrived in the United States in 2016, where they joined other family members who had fled for the same reasons. Valentina breathed a sigh of relief when she arrived because she knew her daughter was safe. However, she also knew that without status in the United States, she and her daughter would always be in danger of being sent back to Colombia, where they would be in more danger than ever.
That is where Eagan Immigration came in. Valentina reached out to Eagan hoping that the firm's immigration experts could help her navigate a path forward, and after a consultation and extensive research, Eagan's attorneys concluded that Carolina qualified for Special Immigrant Juvenile Status (SIJS). This status is available to undocumented minors who have been abused, abandoned, or neglected by one of their parents and therefore require the protection of the United States. Given that Carolina's father abandoned her in her native Colombia, Eagan was able to help her apply for this status. She first applied for this status in January 2021, and within six months, she received notice that her petition had been approved, qualifying her for benefits such as travel authorization and a work permit when she was old enough to work.
However, even better news arrived just a few months later, when Carolina received her green card. Eagan's attorneys helped Carolina apply for permanent residency in the United States at the same time she applied for SIJS. In October 2021, Carolina and her mother opened their mail and found the words “Welcome to the United States” staring back at them.
Today, Carolina is a lawful permanent resident of the United States and in just a few more years, she will be eligible to naturalize as a US citizen. Valentina's determination and the sacrifices she made to obtain daughter status have paid off, and as Carolina reaches adulthood this year, she will have opportunities that would never have been available to her when she was undocumented.
Other options for mothers to obtain status in the United States
While family petitions are one of the ways Eagan clients obtain status in the United States, that is not always possible in every situation. Fortunately, Eagan specializes in many other types of petitions that can help our clients obtain status.
T Nonimmigrant Status (T Visa) for victims of human trafficking.
Many of our clients have endured unimaginable hardships to protect their children. In some cases, that has meant leaving them behind with family while they go to work in the United States, always with the hope of earning enough money to break the cycle of poverty for their children. In other cases, it means risking their lives to help the children themselves escape a disaster in their home country. Having children is also often a point of pressure used by abusive partners or employers to force parents to work against their will, so as not to endanger their children. However, obtaining a T visa can help clients break free from these scenarios (or recover emotionally from them) by providing them with a pathway to permanent residence in the United States.
In Eagan, we can pursue T visa status for clients in many scenarios, including unconventional ones. Options include:
- T visa based on human trafficking. For many of our clients, hiring a guide to bring them to the United States turned their immigration dream into a living nightmare. Clients who are forced against their will to work for their guide while coming to the United States, for example, by carrying a backpack across the border, or who are held captive and forced to work after crossing, may qualify for a T visa. Many of our clients found themselves in this situation while trying to bring their children to a safe place in the United States, or to reunite with them there after a separation.
- T visa based on domestic violence. Many immigrants have found themselves in situations where a family member, often a romantic partner, strips them of their autonomy and forces them to do what is demanded of them. This often includes domestic work, childcare, or working outside the home while handing over all of their earnings. Having children often makes the victim easier to control because the abusers/traffickers can threaten to deprive them of their children, either through the judicial system or by deporting them. Eagan can help disarm a trafficker. Read a real-life success story of a woman who escaped her trafficker/husband here.
- T visa based on labor trafficking. Labor trafficking cases focus on an employer who uses threats, violence, or a victim's lack of status in the United States, either implicitly or explicitly, to force them to work for low or no pay. The factors for each case are highly individualized, but a consultation with Eagan can help determine if you are eligible.
- T Visa based on sex trafficking. The victims of this type of requests are forced to have sexual relations against their will. More information here.
An important note: if you have undocumented minor children, they can also obtain derivative beneficiary status from your T visa. If your minor child was a victim of human trafficking, then you, as a parent, can be their derivative beneficiary.
Violence Against Women Act (VAWA) Self-Petitions
Abusive relationships are tragically common in every corner of the world, including the United States. Leaving any abusive relationship is difficult; on average, it takes victims seven attempts to do so successfully. In mixed-status situations, where one spouse has status and the other does not, it can seem like the U.S. citizen spouse holds all the cards. When children are involved, the situation is complicated in every way with issues of custody, safety, and financial security. As one Eagan client states regarding her reasons for staying for many years:
“I thought I could endure his violence better than my children could endure poverty.
A VAWA self-petition allows undocumented spouses of U.S. citizens or lawful permanent residents to seek status without their spouse's support or even without their knowledge. VAWA offers a pathway to permanent residence, which can help give undocumented individuals the confidence of knowing that their abusive spouse, regardless of what they threaten, cannot simply deprive them of their children. Work authorization, which is often available within six to 12 months of applying for VAWA, can help ensure they can find a job that allows them to support themselves and their children. Leaving an abusive spouse will never be easy, but having status in the United States can help victims gain the confidence they need to do so. Do you think you may qualify for a VAWA petition? Learn more here.
Military Parole in Place
Undocumented parents of active-duty members of the U.S. Armed Forces, military reservists, and veterans may qualify for Military Parole in Place (PIP) status. This status gives you legal authorization to remain in the United States for one year, during which you cannot be deported. During that year, you can also apply for a work permit. While this is also valid for only one year, it can be renewed indefinitely. In some circumstances, military PIP can also lead to permanent residency in the United States. More information here.
Are you wondering if any of these options could help you or your children obtain status in the United States, like Carolina and Valentina? The expert attorneys at Eagan Immigration can help you determine if you may qualify for this or another type of visa or immigration benefit.
Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
This information is for educational purposes only and does not constitute legal advice.