Lawyers Manual - Unified Court System

314 Lori Cohen
the abuse than to discuss it. The document not only will serve as the basis for
her “personal statement” to be included in the majority of applications for
immigration relief, but also can form a foundation for dialogue with the client.
A final word on translation — under no circumstances should the victim turn
to a local travel agent or notary public from her ethnic community for translation
assistance. These individuals (known as “notarios” in the Spanish speaking
community, but prevalent among a variety of ethnic communities) often serve as
unofficial legal advisors. Because a “notary” is a licensed legal practitioner in
many foreign countries, immigrants often assume that a notary public in the
United States is the same as a lawyer. The notary translating a client’s statement
may also be providing conflicting (and erroneous) legal advice for a fee, or
worse, sharing the client’s confidential information with the abuser.
Confidentiality of the Application Process
A domestic violence victim will understandably be worried that any
information she discloses on an immigration application may be shared with
her abuser, putting her at risk for further abuse. In addition to the normal rules
of privilege and confidentiality within attorney-client relationships, the US
Citizenship and Immigration Services (USCIS) is mandated to keep
confidential all information provided by the victim. 11 As part of that effort to
ensure confidentiality, applications pertaining to domestic violence relief
contain provisions for a “safe” mailing address so that correspondence will not
be forwarded to the abuser. Despite these precautions, however, mistakes in
notification do occur, so extra care must be taken if the victim and her abuser
share a common address.
Inability to Pay for Filing Fees
In many, if not most cases, a woman fleeing from an abusive relationship will
not have the financial means to pay the specified filing fees on the applications for
immigration relief. 12 Upon a demonstration of inability to pay, fee waivers are
available for most applications. 13 Applicants seeking fee waivers should mark
correspondence with red ink indicating “FEE WAIVER REQUESTED.”
Immigration Status of the Victim’s Children
If a victim has children, her concern that they remain with her in the United
States may eclipse any fears about her own safety. If her children were born in
the United States, the fear may be assuaged by explaining that they are citizens
and not subject to deportation. Under certain circumstances, even children born