What can Pinoys abroad do if they become victims of domestic violence?

This column appeared on the news site Philippine News, a content partner of GMA News Online.

 

Can Victims of Domestic Violence Residing Abroad File for VAWA?

 

Dear Atty. Lou,

 

I am writing to you with the hope that you can enlighten me about my sister’s situation in the Philippines.

 

My sister, Maria, is married to a man more than 20 years her senior in the Philippines. This guy worked in United States for 30 yrs and decided to retire in the Philippines. I'm not sure if he's dual citizen. My sister told me he's receiving US pension every month. My sister is not sure of his citizenship since he hides everything to her. Maria is like a "caregiver" to her husband and is not treated as a wife. So this is the problem, my sister is an abused wife. The man controls everything; he also made my sister estranged to us. No visitation or phone calls from her family since 2005. My sister never filed a police complaint because she's scared for her life and also for her family's life. I think he threatens her. By the way, they adopted a little boy in 2007.

             

I was able to file a complaint with the Department of Social Welfare and Development or DSWD in her place in March 2012 but then my sister texted me not to pursue with the complaint. Her text goes like this," Huwag mo ng ituloy ang complain sa DSWD kasi kawawa naman ang bata...mahal ng matanda ang bata...kaya ko pa naman". This was the last text I received from her. I don't know if she really texted me or it's her abusive husband.   Atty Lou, I read about family based immigration and self-petition of abused wife. Is she eligible to petition? I hope you can give me more advice on what to do with her case. Hope to read a response from you soon. Thank you.

                                           

Maribeth

 

Dear Maribeth,

 

You raise a serious concern for your sister. However, your sister Maria does not appear to admit that she is suffering from domestic violence. You mentioned that she is scared for her life and for her family’s life. If these allegations have sufficient basis, then your sister should take immediate action.

 

Domestic violence should not be taken for granted. Advice your sister Maria to protect herself first from harm by seeking refuge with the authorities or family or close friends. If there is violent incident, she should file a police report and file a complaint against her husband. Encourage your sister to assert her rights and seek protection for her own safety and for the safety of her son.

 

You said that the husband worked in the United States for 30 years and is receiving pension. She is not sure whether her husband is a U.S. citizen because all information is being withheld from her. Assuming that he is a U.S. citizen, for purposes of the self-petition provisions under the Violence Against Women Act (VAWA), the abuses must have occurred in the United States. Abuses abroad by the U.S. citizen spouse may not qualify under VAWA unless the U.S. citizen abusive spouse is an employee of the U.S. government or is a member of the “uniformed services” assigned abroad. If Maria, has proof that her husband is a member of the military or an employee of the U.S. government, she may be eligible for self petition. Otherwise, Maria’s relief is through the local civil and criminal courts under the jurisdiction of Philippine law. No immigration benefit under VAWA may be availed of. Again, she should seek protection from local authorities to protect herself.

 

Assuming that the abuses were perpetrated in the United States by the U.S. citizen spouse, and the abused spouse returns to Manila different rules apply. In this last scenario, the abused spouse of a U.S. citizen may file for self-petition even if he is in Manila. As soon as the VAWA self-petition is approved, she will be able to immigrate to the United States.

 

Thank you for your letter and I hope Maria finds the courage to protect herself from the abusive spouse.

 

Atty. Lou - Philippine News

 

Lourdes Santos Tancinco Esq .is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Suite 818, San Francisco CA 94102 and may be reached at 415 397 0808 or at 1-888-930-0808, email at law@tancinco.com. The content provided in this column is solely for informational purposes only and do not create a lawyer-client relationship. It should not be relied as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You may submit questions to law@tancinco.com