Transcript:

Vi Nanthaveth 

Hi, my name is Vi Nanthaveth, and first and foremost Scott, I just want to thank you for inviting me and having me here today. Again Vi Nanthaveth here, our owner and founder of Nanthaveth & Associates. We are a comprehensive immigration law firm and immigration is what we mostly focus on, anything from family immigration to business immigration. Been doing this since oh gosh, 2006 and that that’s really all we’ve been doing ever since and and and growing in in that. 

Kleine Powell 

Thanks for being here today, VI. I’m Kleine and I’m your co-host of immigration nation. I’m very excited to have you here today and we’re going to pick her brain about all things immigration. Today we’ll be focusing on VAWA. So I wanted to include a slight trigger warning for those listening because it is a pretty heavy topic. So we’re just excited to learn more about it. And it’s important to keep this conversation alive. And we’re excited to learn today. All right. Hey, VI, thank you for being here today. She drove all the way up from Austin to be here. So we’re very grateful for that. And let’s just jump right into it. So can you start off by telling us what is VAWA, who qualifies for it? Everything that goes into it. 

Vi Nanthaveth 

Thank you. Sure. Well, VAWA stands for violence against Women act. And it was implemented many years ago, and it’s specific to those who are. You know, victims of domestic violence, victims of abuse by qualified. Relative and it it it. It really is a good option for those who feel that they are trapped and have no way out and are able to find a way to, you know, not be afraid of reporting their abuse and then also have an Ave. to get a green card as well. 

Kleine Powell 

Yeah, I I can’t imagine you would feel trapped because it some, you know, you’re in a country in a new country and it’s like someone who’s close to you is the one who’s doing the bruising and who has that power over you. So it is a really great Ave. for people who are in those situations. So who who qualifies for it so. 

Vi Nanthaveth 

If you are married. To a U.S. citizen or a legal permanent resident. And you are a victim of that particular relationship. Now, of course, you know victimhood and and what you experience come in all different forms, but the ones that we usually think of or, you know, being physically abused the the getting hurt and physically hurts and someone hitting you. Black and blue. You know. But it goes beyond that, too. They’ll they look at different portions of how a person is abuse because you can be abused both physically. You can be abused emotionally verbally. You there are different ways in which they kind of look at this and they they they when when a person comes into. My office. Let’s say I’m speaking to a prospect, one of the first things that I looked at is I just kind of let them tell me their story. What is going on? And I vetted in that way because obviously we want to make sure that this person does in fact fit the requirements of the violence against Women act. 

Kleine Powell 

Right. 

Vi Nanthaveth 

And whenever we look at it, I’ll have. Several stories and you know, some of the easier ones are going to be the well he hit me or she hit me and then I called the police. That’s kind of pretty clear cut, but then I can have someone come in and say things like, you know, just everyday it’s it’s emotional and the things that he say to me, I feel, I feel like I can’t get out even, you know, financial abuse. They’ll look at if you feel as if you’re just trapped and almost in a way, feel kidnapped. Being socially kind of taken out of or. Yes, exactly from the rest of the world. 

Speaker 

Blocked off. 

Vi Nanthaveth 

Build. Also, someone who may even be. You know, every time you say anything or do anything they were threatening you with deportation. That’s all. Part of what? What can be looked at as abuse. And now of course, like I said, the the physical portion of it. Is a little easier to document, especially the police is the call. You go to the hospital. You’re seeing a doctor, you get treat it. The emotional and the verbal a little bit harder to track, but one of the things that I tell clients is I’ll say. Well, look, has any of this? Been. Written do you have any kind of recordings that you might have? Most of the time, I mean when you’re going through this, you’re not thinking, you know, you’re not thinking, let me. Let me stop and record something right, but a lot of times they do. They they’ll communicate these things via text. This the stuff that’s in there, you can even use maybe family members or friends, coworkers that might have witnessed the situation we can use. Their testimony, written testimony to describe the situation. So these are all really good ways of just kind of being able to identify if you actually qualify for. 

Kleine Powell 

This right and I know I think you said it a little bit earlier, but as the name suggests, it’s violence against women act do men. Also qualify, yes. 

Vi Nanthaveth 

Actually, men do qualify. I know the the word women is in there, but actually men do qualify as well. And honestly, half of my clients are men. Yes, yes, I get a lot of men who come in and have been abused. 

Kleine Powell 

Really. 

Speaker 

Thanks. 

Vi Nanthaveth 

When you think of it in those terms, you think. Well, what woman is is hitting you, but you’d be amazed that the emotional and the verbal abuse and on the men’s side, they tend to not want to verbalize these things or even share these things. And for them it it, it’s it probably anything feels you know, we were talking about feeling. 

Speaker 

Right. 

Vi Nanthaveth 

Like you’re trapped. A lot of men feel that and but I give them a space to come in and be able to really. The. Open up and and you know, let us know what they’re going through and believe it or not, a lot of them. Qualify for it. 

Kleine Powell 

That’s so important that men feel that they have a place to come to and can feel comfortable as well, because that’s kind of a new topic. Men’s mental health as well. So do you have to remain married to the abusive partner? Until VAWA is approved or is there, are there options for these people, or what happens? 

Vi Nanthaveth 

There no, you do not have to remain married and that’s something very important to point out because. You you do not have to remain in that situation, especially if it’s a dangerous one. So the one thing to keep in mind though is that if you do. Get out of the relationship and if you do get a divorce, part of the regulations that state that you have to file for the vowel within two years of the finalized divorce, but do know that at any time you can file for this if you. If you’re still married, you can file for we have clients who come to us and we file that on their behalf. And they asked us, can you please not share this, you know, with my spouse because they’re in a dangerous situation, right. And the other thing would be even if the divorce proceedings have have started, they can follow at anytime during that. But the most important thing is that if the divorce is finalized, you have to do it within two years. Of that final date. 

Kleine Powell 

Two years. OK, that was actually my next question. So what can people expect from the process? So they come in for a consultation. What happens as soon as they take those next steps towards? Well, what does that look? 

Vi Nanthaveth 

Like sure so. 

Speaker 

Oh. 

Vi Nanthaveth 

Whenever I meet with the client and we have cleared them for you know the requirements and the fact that they’ve met the the the requirements for Vala, the next thing that we always use, of course get all the information that that is needed, their background, you know, all kind of the things that kind of goes into the form I360. To get this done, but then we collect the. Since the important parts are the evidence evidence of the abuse itself, but also evidence of the relationship that’s going to be important, you actually have to prove that you were in a good faith, marriage and a valid relationship. So all those things come into play as well. In addition to showing the abuse. Once everything is filed, you’re probably looking at it depends on the jurisdiction. When you go on the USCIS. Website that will give you sort of a 80% of folks, this is what it’s taking, but I feel that it it really kind of depends on the jurisdiction where you are, where we are, you’re looking at what I’ve been noticing. Is if you’re probably looking at about a year to two years to to have it kind of start to finish. And it also depends as well if you’re married to you as citizen versus a legal permanent resident. OK, so. 

Kleine Powell 

Oh. That process. I can. I can assume it would be pretty time sensitive for people wanting to get out, but that two years that’s a long time. But I guess you don’t have to remain married to that person. So for those options, I’m sure it can be kind of difficult for a person who’s who has their green card. Maybe. But to get new housing and all of that, what does that option look like? For those people. 

Vi Nanthaveth 

It really depends. On where they are in this situation. You know I I’ve met with a different range of folks where they are in the midst of the abuse versus. Some of them have found the strength to maybe get out. Some of them were coming straight off of being in a safe place, you know, a shelter. So it really just kind of depends, I mean, some of the stories, you know, when I first started doing immigration law, one of the first things that the law firm. Had me do. Was VAWA, VAWA, and U visa where my two things that they kind of had me go in there and learn about this and help us out, and it was still very new. 

Kleine Powell 

Really. 

Speaker 

Hmm. 

Vi Nanthaveth 

And whenever I would some some of the first cases that I had to sit in on for the consultations, they were they were harsh, it was rough. Some of the things that you hear, you would think that as long as I’ve been doing this, but at some point you would grow just kind of immune to it. But you don’t. All these stories can be so horrific. 

Kleine Powell 

Mm-hmm. 

Vi Nanthaveth 

And there are moments when I sit there with the with the prospect, and I actually tear up with them because you just can’t imagine a person. And having to go through something like this and then feeling as though they have no way out and thinking that they have to stay with this person or else they’re going to get supported. But I just want everyone to know out there that there is something out there, this regulation for Vala is amazing. It is really something that can be utilized. So definitely if you’re, if you’re feeling stuck, or if you’re being abused, you know, know that there are, there is something out there for you. Find a local immigration attorney and and get the help that you. 

Kleine Powell 

Need. Oh gosh, that’s great that they have that option and that I can’t imagine that would be so really sad to sit in on. So how can what can people expect from cost for this? Cuz feeling trapped, feeling like there’s no way out. I’m sure finances come into play for that too. 

Vi Nanthaveth 

Right, right. I mean from what I’ve been seeing. You know, different law firms charge different things. What we different prices and different costs. What we do at non Smith and Associates is we you know we we understand that a lot of times the prospects and the clients they’re they’re coming out of a really bad situation. First and foremost, what’s important to us is we, we we are trying to get them out of the situation and get them into a place where they’re going to feel safer and maybe not physically, but at least from an immigration standpoint, so that they already have so much to worry about, they don’t need to also worry about being deported and getting removed from the country. So we give them that. 

Speaker 

Right. 

Kleine Powell 

Right. 

Vi Nanthaveth 

Save space. But then from there we understand as well that you know not when a person is in this situation. Sometimes they are literally out of. Home they and the kids. So we would sit down with the client and we will try to work it out and see what works best as far as pricing is concerned, we have payment plans and things like that because what’s most important to us is that they are safe. 

Kleine Powell 

Right, that’s great. Is there anything else you’d like to add? 

Vi Nanthaveth 

Well, you know, I just want to go back to again just know that. While there are different ways to get the green card through family and whatnot, this is one way for you to be able to self petition without the the help of that person and you know and and you don’t have to feel trapped, you do not have to be in that situation, know that there is this option out there. 

Kleine Powell 

And that’s a good point. 

Vi Nanthaveth 

For you and you can utilize it and be on your way to. Hopefully you know gaining legality in the United States. And also being in a safer, safer place, free for yourself and for your. 

Kleine Powell 

Children. Definitely. Thank you so much for being here today. We really appreciate it and thank you for shedding some light on this really, really hard. Topic, so I appreciate it. 

Vi Nanthaveth 

Absolutely. Thank you. Thank you for having me. 

Speaker 3 

This podcast has been prepared for general information purposes only and is not legal advice. This information is not intended to create and receipt of it does not constitute an attorney-client relationship.