Sessions Information

  • May 2, 2018
    9:00 am - 10:30 am
    Session Type: AALS Programs
    Session Capacity: N/A
    Hotel: N/A
    Room: Burnham 3
    Floor: Seventh Floor

    VAWA and U Visa Inadmissibility Ground Waivers Fail Many Battered Immigrants

    Christina Pollard, University of Arkansas, Fayetteville, Robert A. Leflar Law Center 

    Battered immigrants face a choice of immigration relief: a self-petition under the Violence Against Women Act or a petition for U Nonimmigrant Status as a victim of crime. Both avenues require similar evidence, but requirements significantly differ enough that petitioners often are eligible for one but not the other. An inadmissible U Petitioner may request a generous waiver. Most inadmissibility grounds can be waived if USCIS finds that it is “in the public or national interest” to exercise discretion. With some exceptions, immigration law takes a softer approach to inadmissible U petitioners than to inadmissible VAWA self-petitioners, who must navigate more complicated statutory waiver possibilities pursuant to INA 212. VAWA self-petitioners often are barred from obtaining lawful immigration status due to insurmountable grounds of inadmissibility, while a U petitioner would not be. Because of the difference in waiver treatment combined with contrasting eligibility requirements for the avenues of relief, many battered immigrants “fall through the cracks” and cannot obtain immigration relief through either a VAWA self-petition or a U petition. If U Visa waivers were available to VAWA self-petitioners, more battered immigrants would have access to lawful permanent status.

     

    The Transition to Domestic Asylum Adjudication: A Comparative Analysis of Emerging Refugee Law and Policy in Morocco and Turkey
    Sabi Ardelan, Harvard Law School

    This article will explore the transition from UNHCR-controlled refugee regulation to asylum systems under domestic control in Morocco and Turkey, and the opportunities and challenges presented by the two countries’ incorporation of asylum adjudication into domestic law. Over the past five years, Morocco and Turkey have, respectively, begun the process of shifting responsibility for refugee status determinations from UNHCR to national government authorities. Although adoption of these domestic asylum laws and policies comes with some net positives, including with respect to sustainability and efficiency, it also carries with it some potential adverse effects, including with respect to treatment of LGBTQ refugees and gender-based refugee claims. This article will address these tensions and will highlight the impact of EU investment in preventing the flow of refugees to Europe on the development of domestic asylum procedures in these two countries. 

Session Speakers
Harvard Law School
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.