By Sarah R. Ropelato
Legal Services of Northern California has been assisting survivors of domestic violence obtain lawful immigration status under the Violence Against Women Act (VAWA) for a number of years. In doing so, we have focused primarily on working with local community organizations devoted to assisting such survivors who could identify those among their clientele who potentially qualify for relief under VAWA and who, with training, could begin the legwork involved in commencing the VAWA petition process, such as gathering the necessary supporting documents. This partnership with community organizations has been both an effective and efficient way for us to process VAWA cases without overwhelming our regular intake process, and has also built the capacity of partner organizations that provide critical services to our clients and community. Over the last six months, we decided to expand on the work we are doing by piloting an immigration workshop for survivors of domestic violence. This article will discuss what we did, how we did it, and what we learned in the process.
The idea for the workshop came about for a couple of reasons. First, another organization in our service area ceased doing VAWA work and we wanted to explore manageable ways to fill the void this left. Second, we wanted to create an opportunity for those in the immigrant community who were not already connected with our community partners to do so. Holding a workshop seemed to be a way to accomplish both because we could conduct outreach to connect with the various immigrant communities in our service area and control intake based on when advocates within our organization had the time to participate and accept cases for representation.
In setting up the workshop, we relied on our partnership with a particular community organization that has really been the backbone of our immigration work. Effectively working with such organizations is crucial not only because they make our work easier and more efficient, but also because they have expertise in working with their client populations and in particular, immigrant domestic violence survivors for whom unique sensitivity is required. We chose two dates, a weekend and an evening, to explore whether one versus the other would be more successful. We created a flyer and sent it out through as many relevant community organizations as we could think of and also posted at churches frequented by immigrant communities. To both control numbers and ensure a safe location for our clients, we did not include an address on the flyer, but a phone number where clients could RSVP. At the workshops themselves, we had trained advocates and attorneys conduct intake with an experienced attorney available for questions. Our community partners provided interpreters and/or interpreted themselves. The turn out was better than expected for our first workshops (approximately eight clients), but workable. Despite asking that interested community members RSVP, word, it seems, got out, resulting at times in higher than expected turnout, so it is important for advocates to be prepared for that eventuality. Following the workshops, we placed meritorious cases with our staff and connected clients who came from other service areas with local agencies also doing VAWA or U- and T-visa work.
From the experience, I took a variety of lessons I had not yet learned as a newer attorney, not the least of which is that conducting the workshop is the easy part. The hard part is managing and placing the cases afterward. Immigration cases do not lend themselves well to solely counsel and advice level service for many reasons including the complexity of the law, potential language barriers, and the sheer enormity of the consequences of failure. Accordingly, to the extent possible, having a plan in place to quickly accept, reject, and/or refer cases is essential. Additionally, it is important to be clear with clients participating in the workshop about what the plan regarding their case is and to manage expectations by not over-promising what you as an advocate can do for them.
Another key lesson underscored by this experience is that obtaining assistance with legwork like document gathering, whether via a community organization with specially trained staff or otherwise, is extremely important to the efficient and effective processing of multiple immigration cases for legal services advocates who, almost without fail, already carry heavy caseloads. However, in the context of a workshop where the numbers of clients with immigration needs may be greater than a community organization is used to processing, it is not necessarily fair or possible for the partner organization to provide that service. They likewise have limited resources and must focus on their client base, which may or may not overlap with the individuals attending the workshop. Going forward, it is my hope to continue building the capacity of the community organizations we partner with on immigration cases for survivors of domestic violence while also finding a way to effectively marshal law student assistance both during and after such workshops via externships, so that we can provide more representation in these cases without overwhelming our partners or in all honesty, ourselves.
We have found our work in this area makes a substantial and lasting difference in our clients’ lives, enabling them to stabilize their homes, become self-sufficient and create a safe haven for themselves and their children. Because of that, we continue to seek ways to help more people efficiently. Our experience piloting the workshop was an effective step towards achieving that goal and is a project we intend to build on in the future.
Sarah R. Ropelato is a staff attorney at Legal Services of Northern California.
