Tuesday, July 14, 2009

VAWA Appeal to Vermont Service Center

Just received notice from the Vermont Service Center that our office's recently submitted I-290 AAO Appeal of a denied VAWA self-petition will be reopened.

No reason given in the notice, but I suspect that it was the argument made that it is not permitted under the statute to use the testimony of the abuser as forming the basis of denying the VAWA claim. This is an impermissible use and constitutes a Breach of Confidentiality under IIRIRA § 384

Furthermore, any breach of these confidentiality laws can be prosecuted under the same statute. “Anyone who willfully uses, publishes, or permits information to be disclosed in violation of this section . . . shall be subject to appropriate disciplinary action and subject to a civil money penalty of not more that $5,000 for each violation.” 8 U.S.C. § 1367(c); IIRAIRA § 384(c).

1 comment:

Anonymous said...

Looks like you are an expert in this field, you really got some great points there, thanks.

- Robson