Law protects
immigrants who are
abused by spouses

A Japanese woman speaks out so
others like her will seek help

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By Rosemarie Bernardo
rbernardo@starbulletin.com

In the beginning, Norica's husband-to-be showered her with flowers and jewelry.

He was kind and generous, said Norica, a native of Japan. Two years after they met, the couple married.

But wedding bliss soon ended when the couple moved from Japan to her husband's hometown on the mainland in January of 1999. His behavior changed from tender to abusive.

When Norica was seven months pregnant, her husband kicked her in the back and pushed her down a flight of stairs after they argued about money. Norica pleaded with him to call the ambulance, to no avail.

"Every day, I would think how could I die," Norica said of the five months of abuse she endured before finally breaking her silence and reporting her husband to police.

Like Norica, some immigrants married to U.S. citizens are tormented by their spouse. Those who stay in the abusive relationship are unable to leave the United States for financial, social or cultural reasons. Additionally, most are unaware of a law that entitles them to stay in the United States while they are separated or divorced from their spouse due to an abusive relationship.

Laws that went into effect this year have made it easier for abuse victims to stay in this country.

"They no longer have to live in fear of domestic violence," said Elaine Komis, spokeswoman for the Immigration and Naturalization Service Headquarters in Washington, D.C.

In 1994 the Violence Against Women Act, implemented as part of legislation known as the Crime Bill, provided greater rights to immigrants who are victims of domestic abuse.

In January the INS discarded a requirement that abuse victims be required to prove extreme hardship if sent back to their native country. Now, petitioners are required to prove two main factors: validity of marriage and proof of domestic violence from their spouse who is a U.S. citizen or a permanent resident.

Previously, "people who may have been abused may not be eligible because it was difficult to prove (extreme hardship)," said Calleen Ching, attorney for Na Loio, a nonprofit organization that provides legal services for low-income immigrants.

Places that fight domestic violence October is recognized nationally as Domestic Violence Awareness Month. Organizations in Hawaii that provide support for victims of domestic abuse include: Na Loio: Nonprofit organization that provides legal services and advocacy for low-income immigrants and their families. Call Na Loio at 847-8828. Neighbor islands, call toll-free at 877-208-8828. Puuhonua: A Domestic Violence Drop-In Center: 522-5535. Domestic Violence Shelters: Honolulu and Leeward Shelters: 841-0822. Windward Shelter: 528-0606. Military Shelter Hotline: 533-7125.

Now, the INS essentially is stating "no type of domestic violence will be tolerated," Ching said, adding that victims do not have to stay in an abusive relationship to be able to stay in the United States.

Before the Violence Against Women Act was implemented, immigrant abuse victims faced deportation once they left their spouse, Ching said.

"They were advised that there was no remedy to stay," she said.

Since 1995, Na Loio has dealt with 25 cases of immigrants abused by their spouses.

Under the Violence Against Women Act, a victim of domestic abuse may file a claim while she is still married, separated or within two years of getting a divorce.

Children who are not U.S. citizens or permanent residents may join their parent in the petition or file their own petition.

Also, immigrants who live abroad may file a petition if one or more of the abusive incidents occurred in the United States.

Norica's petition to remain in the United States while separated from her husband was approved in October 2000. Because Norica applied before the law was amended, she had to prove the hardships she would face if sent back to Japan. The INS did approve Norica's claim of extreme hardship, agreeing that her daughter, who is of African-American and Japanese descent, would be discriminated in Japan because of her ethnic mix.

Currently, Norica is awaiting approval of her permanent resident status. If approved, she will be eligible to become a naturalized citizen in five years.

Norica agreed to speak about her experiences with the Star-Bulletin on the condition that an alias be used for her and her daughter, now almost 2 years old.

Norica said her husband became lazy and had a difficult time maintaining a steady job after he was discharged from military service.

The abuse started when Norica first learned she was pregnant in May 1999. Arguments about money arose between the couple when Norica's husband started to strike her and push her.

Norica's parents helped support the couple, but her husband spent the money frivolously, she said. Norica, who speaks little English, said bills were not paid and her husband failed to buy groceries.

For days, sometimes months, Norica said, her husband would not come home, and she later discovered he was living with a 17-year-old girl.

"When he would come back, he would ask for money," she said.

In December 1999, she said, her husband came home, and another argument escalated when he twisted her arm.

Raised in Japan, Norica said she was not accustomed to informing others about her personal problems.

A friend in California convinced her to call the police. She later filed for an emergency protection order against her husband. After filing a complaint with the police, Norica received assistance from a social worker and the INS.

She lost 20 pounds from malnourishment and stress during her pregnancy, and her mother flew to the United States from Japan to care for her during her last trimester.

She filed for a divorce last November and called a friend on Oahu to help her find an apartment in Hawaii, where she has lived since February. A frequent visitor of the isles, Norica believed Hawaii's ethnic diversity would be a good place to raise her daughter.

"I'm so comfortable here," she said.

Slowly, Norica is building her life back.

She agreed to speak with the Star-Bulletin to help other abuse victims in need of help.

She advised others that they need to seek help. Many advocacy groups recognize October as Domestic Violence Awareness Month.

"Talk to somebody, change something," Norica said. "Just don't keep it inside."

Today she funnels most of her energy toward her daughter.

"After she born, I changed my life," she said. "I feel more stronger. I know I love her - that's enough."

Norica considers herself lucky for having friends and the immigration agency's assistance to escape the tumultuous relationship she had with her ex-husband.

"We're OK," she said. "Happy."