ENDNOTES FOR PART I (1) Vivienne Wait, Immigrant Abuse: Nowhere to Hide, NEWSDAY, Dec. 2, 1990, at 8. BACK (2) Id. The severe abuse Maria endured after fleeing her battering relationship is consistent with patterns of increased abuse when women attempt to terminate or just after women terminate battering relationships. See Martha R. Mahoney, Legal Images of Battered Women: Redefining the Issue of Separation, 90 MICH. L. REV. 1, 61-75 (1991) (defining "separation assault" and describing the incidence of separation attacks); Margo Wilson & Martin Daly, Till Death Us Do Part, in FEMICIDE: THE POLITICS OF WOMAN KILLING 83, 89 (Jill Radford & Diana E.H. Russell eds., 1992) [hereinafter FEMICIDE]. BACK (3) Not her real name. BACK (4) Deanna Hodgin, 'Mail-Order' Brides Marry Pain to Get Green Cards, WASH. TIMES, Apr. 16, 1991, at E1; see also Jorge Banales, Abuse Among Immigrants: As Their Numbers Increase So Does the Need for Services, WASH. POST, Oct. 16, 1990, at E5 ("The 1986 Immigration Reform Act and the Immigration Marriage Fraud Amendment have combined to give the spouse applying for permanent residence a powerful tool to control his partner."); Nancy A., Fellom, Fear and Loathing in.America: Alien Spouses Held Hostage Under Threat of Deportation Are Rescued from Abusive Partners by Amendments to Immigration Act, RECORDER, Aug. 15, 1991, at 4 (pointing out that immigrant remained "almost completely dependent on the continued goodwill of the resident benefactor, under threat of deportation if [she] went against [his] will"). For other stories of battered conditional residents, see CHRIS HOGELAND & KAREN ROSEN, DREAMS LOST, DREAMS FOUND: UNDOCUMENTED WOMEN IN THE LAND OF OPPORTUNITY 12-13 (1991); Rachel Morello Frosch & Trinidad Madrigal, Introduction to DOMESTIC VIOLENCE IN IMMIGRANT AND REFUGEE COMMUNITIES: ASSERTING THE RIGHTS OF BATTERED WOMEN 1-1, 2 (Deeana Jang et al. eds., 1991) [hereinafter DOMESTIC VIOLENCE]. BACK (5) Hodgin, supra note 4; see also Debbie Lee, Identifying Immigrant Battered Women, in DOMESTIC VIOLENCE, supra note 4, at II-3. BACK (6) See, e.g., Wilson & Daly, supra note 2, at 96 ("Women in the United States today face a statistical risk of being slain by their husbands that is about five to ten times greater than that faced by their European counterparts, and in the most violent American cities, the risk is five times higher again."); Janet Bass, More Women Raped in 1990 than Any Year in U.S. History, UPI, March 22, 1991, available in LEXIS, Nexis Library, UPI File (despite cross-national reporting differences which may account for some of the disparity, surveys indicate that "[t]he 1990 U.S. rape rate was 20 times higher than in Portugal, 26 times higher than in Japan, 15 times higher than in England, eight times higher than in France, 23 times higher than in Italy and 46 times higher than in Greece"). Furthermore, the incidence of rape in this country may be rising. See Survey Shows Rape Leads Violent-Crime Increase, N.Y. TIMES, Apr. 20, 1992, at B 12 (citing an estimate from the Bureau of Justice Statistics that puts number of rapes and attempted rapes in 1991 up 59% from the previous year); Eloise Salho1z, Women Under Assault, NEWSWEEK, July 16, 1990, at 23 (citing FBI statistics that show rape rate "increasing at four times the rate of other crimes"). The increased numbers may not be solely attributable to increased reporting rates. See, e.g., Jane Caputi & Diana E.H. Russell, Femicide: Sexist Terrorism against Women, in FEMICIDE, supra note 2, at 16-17 (documenting dramatic increase in the incidence of unreported violence against women over the past 50 years); Michael Isikoff, Record Number of Rapes Reported in U.S. in '90, WASH. POST, Mar. 22, 199 1, at A3 (citing Senate Judiciary Committee national study revealing dramatic increase in unreported rapes which concludes, "This data ... silences the skeptics who believe that the rising rape rates are nothing more than a function of more women reporting their rapes to the police."). BACK (7) Though the arguments presented in this Note also apply to abused conditional residents who are male, I address the plight of female conditional residents for two reasons. First, in the past 30 years, women have consistently comprised a majority of all documented and undocumented immigrants to the United States. Marion F. Housten et al., Female Predominance in Immigration to the United States Since 1930: A First Look, 18 INT'L MIGRATION REV. 908, 913, 922 (1984). Second, women comprise the vast majority of the victims of domestic assault. LEWIS OKUN, WOMAN ABUSE: FACTS REPLACING MYTHS 39-42 (1986). Though women can physically assault men, Dr. Angela Browne of the University of Massachusetts Medical School points out that "[w]omen abused by male partners tend to sustain multiple injuries to multiple sites of the body, an injury pattern not seen in men assaulted by female partners." Tamar Lewin, Battered Men Sounding Equal-Rights Battle Cry, N.Y. TIMES, Apr. 20, 1992, at A12. BACK (8) For a survey of the available studies documenting the incidence of domestic battery, see ROBERT T. SIGLER, DOMESTIC VIOLENCE IN CONTEXT: AN ASSESSMENT OF COMMUNITY ATTITUDES 12-13 (1989); see also OKUN, supra note 7, at 37-39; MILDRED DALEY PAGELOW, FAMILY VIOLENCE 42-46 (1984). BACK (9) Exact numbers are difficult to gauge, but various reports suggest that the population of abused immigrant women is very large. Preliminary data from a random sample survey of 157 undocumented Latinas in the D.C. metropolitan area indicates, for instance, that 60% of undocumented women report that they are battered by their spouses. Of those women who are married to citizens or LPRs (but have not obtained conditional resident status), the rate is reported at 77%. Telephone Interview with Leslye Orloff, Director of Program Development, Ayuda of Washington D.C. (Mar. 23, 1993). See also James Leung, Law Benefiting Immigrant Wives Means More Work for Shelter, S.F. CHRON., Feb. 20, 1991, at B12 (indicating that domestic violence problem is on the rise); Wendy Lin, Is INS Hindering Abused Wives? Rules Said to Undermine Law Meant to Help Them, NEWSDAY, July 8, 1991, at 21 (noting that in 1990 half of battered clients at New York Asian Women's Center in Manhattan were conditional residents and 90% of victims of domestic violence at the Victims' Services Agency office in Jackson Heights, Queens were immigrants); see also Telephone Interview with Debbie Lee, Senior Program Coordinator, Family Violence Prevention Fund of San Francisco, Cal. (Mar. 10, 1992) [hereinafter Lee Interview] (characterizing battered conditional residents as "hidden population"). BACK (10) See infra notes 31-33 and accompanying text. BACK (11) Often conditional residents lack independent financial resources. See Fellom, supra note 4 ("The declining budgets and shrinking resources of social services agencies, coupled with language barriers, are very real obstacles for immigrant women and children, many of whom live at or below the poverty level. There are often no close friends or family to assist."); see also infra note 106 and accompanying text. BACK (12) Often conditional residents do not have a sense of the social and legal realities of a highly bureaucratic state. Estelle Chun, Deputy Director of the Asian Pacific American Legal Center in Los Angeles, explains, Battered conditional spouses often think that if they flee an abusive husband, the husband can just snap his fingers and the INS will come knocking at the door to put them on a plane the next day for their old country. The citizen is much more sophisticated about the laws and the culture; the immigrant often cannot speak English. The exploitation is so apparent. Telephone Interview with Estelle Chun, Deputy Director of the Asian Pacific American Legal Center of Los Angeles, Cal. (Mar. 10, 1992) [hereinafter Chun Interview]; see also HOGELAND & ROSEN, supra note 4, at 16 (discussing dependence inhibiting battered. immigrant from seeking help) and 19 (discussing widespread misinformation in immigrant communities); Frosch & Madrigal, Introduction to DOMISTIC VIOLENCE, supra note 4, at 1-1; Debbie Lee, Identifying Immigrant Battered Women, in DOMESTIC VIOLENCE, supra note 4, at II-2. BACK (13) [W]omen whose dependency on marriage is high tend to experience more physical abuse from their husbands than women whose dependency is low... [W]ives who are highly dependent on marriage are less able to discourage, avoid, or put an end to abuse than are women in marriages where the balance of resources between husbands and wives is more nearly equal. Dependent wives have fewer alternatives to marriage and fewer resources within the marriage with which to negotiate changes in their husbands' behavior. Thus marital dependency reinforces the likelihood that women will tolerate physical abuse from their husbands. Debra S. Kalmuss & Murray A. Straus, Wife's Marital Dependency and Wife Abuse in PHYSICAL VIOLENCE IN AMERICAN FAMILIES 369, 379 (Murray A. Straus & Richard J. Gelles eds., 1990) [hereinafter PHYSICAL VIOLENCE].

Some psychologists embrace a theory of an abused woman's mental state called the "battered woman syndrome." In a pattern of learned helplessness, an individual, perceiving no correlation between her behavior and the abuse she sustains, may come to believe that she has little or no control in her life. Lenore E. Averbach, What Counselors Should Know about the Battered Woman, in THE MALE BATTERER: A TREATMENT APPROACH 158-160 (Daniel Jay Sonkin et al, eds., 1985) [hereinafter THE MALE BATTERER]. But the "battered women syndrome" cannot fully explain or adequately address the experience of many women of color. See, e.g., Sharon A. Allard, Rethinking Battered Woman Syndrome: A Black Feminist Perspective, 1 UCLA WOMEN'S L.J. 191, 205, 206 (1991). BACK (14) Migration places stress on families, which may increase the odds that a husband will act violently toward his spouse. See HOGELAND & ROSEN, supra note 4, at 15-16; Jorge Banales, Riots Show Latino Immigrants' Alienation, UPI, May 7, 1991, available in LEXIS, Nexis Library, UPI File; Banales, supra note 4. These facts, of course, do not excuse battery; they simply shed light on why it happens. BACK (15) Leslye Orloff, Domestic Violence Cases Involving Immigrant and Refugee Communities: The Response of the Courts, in Family Violence: Issues of Public Policy and Government Practice (forthcoming) (manuscript at 4, on file with author) (noting that 52% of those women are still living with their abusive partners). BACK (16) 8 C.F.R. § 216.1 (1992) (defining conditional resident as an "alien who has been lawfully admitted for permanent residence [as a spouse] ... subject to the conditions and responsibilities set forth ... in this chapter"). BACK (17) 8 U.S.C. §§ 1184(d), 1186a (1988). BACK (18) 8 U.S.C. § 1186a(c)(4) (1990 Supp. II). BACK (19) 8 C.F.R. § 216 (1992). BACK (20) On July 24, 1992, Representatives Mazzoli and Slaughter introduced a bill in Congress, H.R. 5693, to solve many of the problems I outline in this Note. Unfortunately, the bill did not pass. BACK (21) TERESA AMOTT & JULIE MATTHAEI, RACE, GENDER & WORK: A MULTICULTURAL ECONOMIC HISTORY OF WOMEN IN THE UNITED STATES 253 (1991); BONNIE DEMROSE STONE & BETTY SOWERS ALT, UNCLE SAM'S BRIDES: THE WORLD OF MILITARY WIVES, 128-29 (1990). BACK (22) ANSON SHUPE ET AL., VIOLENT MEN, VIOLENT COUPLES: THE DYNAMICS OF DOMESTIC VIOLENCE 70 (1987); STONE & ALT, supra note 21, at 109. BACK (23) SHUPE ET AL., supra note 22, at 67, 69; The Male Batterer: An Overview, in THE MALE BATTERER, supra note 13, at 51. BACK (24) The Male Batterer: An Overview, in THE MALE BATTERER supra note 13, at 51-52. For military wives, employment is difficult to obtain. See STONE & ALT, supra note 21, at 151-58, 163 (stating that "unemployment rate for military wives is sometimes triple that of civilians"). BACK (25) SHUPE ET AL., supra note 22, at 67 (noting that heavy emphasis in military training or "masculinity and aggressiveness" has proven to be important component of male violence toward women in research on civilian couples as well); STONE & ALT, supra note 21, at 110- 111; The Male Batterer: At Overview, in THE MALE BATTERER, supra note 13, at 50. BACK (26) SHUPE ET AL., supra note 22, at 67. BACK (27) Id. at 76, 79. BACK (28) Id. at 77. BACK (29) Id. at 70. BACK (30) Id. See also STONE & ALT, supra note 21, at 106-07 (discussing career ramifications--from verbal reprimand to demotion to being declared unfit for service--of wife's report of domestic assault). BACK (31) AMOTT & MATTHAEI, supra note 21, at 253; STONE & ALT, supra note 21, at 144; The Male Batterer: An Overview, in THE MALE BATTERER, supra note 13, at 51. BACK (32) Amon & MATTHAEI, supra note 21, at 253; The Male Batterer: An Overview, in THE MALE BATTERER, supra note 13, at 51; Venny Villapando, The Business of Selling Mail-Order Brides, in MAKING WAVES: AN ANTHOLOGY OF WRITING BY AND ABOUT ASIAN AMERICAN WOMEN 318, 319 (Asian Women United of California ed., 1989). BACK (33) SHUPE ET AL., supra note 22, at 75. BACK (34) The Male Batterer: An Overview, in THE MALE BATTERER, supra note 13, at 51. BACK (35) SHUPE ET AL., supra note 22, at 75. BACK (36) The term "mail-order bride" may contribute to the conceptualization and treatment of Asian women as exotic, fungible commodities instead of individuals. Villapando, supra note 32, at 325; Charles McCue, She's No Suzy Wong, GANNET NEWS SERVICE, Apr. 22, 1991. BACK (37) HOGELAND & ROSEN, supra note 4, at 7-8; Hodgin, supra note 4. BACK (38) Hodgin, supra note 4. BACK (39) HOGELAND & ROSEN, supra note 4, at 7; see also Villapando, supra note 32, at 322. BACK (40) Hodgin, supra note 4 (noting that Nihonmachi Legal Outreach Center in San Francisco, an Asian immigrant advocacy group, has observed recent increase in the industry); James Leung, Many Mail-Order Brides Find Intimidation, Abuse: Marriages Made in China for U.S. Citizenship, S.F. CHRON., Sept. 4, 1990, at A9 (reporting that Chinese-language newspapers are full of advertisements for mail-order brides). BACK (41) Melinda Henneberger, Well, the Ukraine Girls Really Knock Them Out, N.Y. TIMES, Nov. 15, 1992, at E6; see also Jon McKenna, How to Find Women 'Who Would Marry Dear Old Dad,' ATLANTA BUS., CHRON., Mar. 26, 1990, at A3 (estimating 50 mail-order bride businesses). BACK (42) AMOTT & MATTHAEI, supra note 21, at 254; Cynthia Kadohata, More Than He Bargained For, N.Y. TIMES, Jan. 7, 1990, § 7 (Book Reviews), at 15; see also Henneberger, supra note 41 (reporting that in 1991, 100 mail-order brides immigrated to New York alone). BACK (43) Philippines: Stops "Mail-Order Bride" Trade, INTER PRESS SERVICE, June 14, 1990, available in LEXIS, Nexis Library, Inter Press Service File. The law provides penalties of up to 8 years in prison and $1000 in fines. BACK (44) Philippine women comprise 87% of the women recently featured in a popular mail-order bride catalog. U.S.-ASIAN CONNECTION, PROMOTIONAL LETTER, Feb., 1993, at 1. BACK (45) Villapando, supra note 32, at 320-22. BACK (46) A 19-year-old seeks "a lifetime partner aged 30-50," while a 17-year-old "seeks friends aged 30 and above." U.S.-ASIAN CONNECTION, PROMOTIONAL CATALOG, Oct. 1992, at 16. A 24-year-old seeks a "lifetime partner aged 25-60" Id., Feb. 1993, at 1. It is not unreasonable to assume that catalog companies coach young women to indicate a preference for older men--the catalogs' main customers. See infra note 47. Some females advertised are as young as 13 years old. Paul Watson, Mail-Order Bride Firms Flourish in Canada, TORONTO STAR, Nov. 9, 1992, at Al. BACK (47) Most men using the mail-order bride business are older and divorced. One industry brochure claims that "a[ ] pleasant difference [between Philippine and American women] is [the former's] willingness to accept and often times their preference for older men. Many Filipinas prefer a man who is 5, 10, 20 or more years their senior. Many Asian cultures seem to have a great respect for older and wiser people." MARITES LEWIS, & STEVEN LEWIS, HOW TO FIND A BEAUTIFUL, FAITHFUL ASIAN WIFE 16 (1991). Although the mail-order marriage industry claims that Asian women prefer to be much younger than their partners, a large age disparity can be a great source of stress in a relationship, and, thus, one factor associated with domestic assault. See, e.g., Wilson & Daly, supra note, 2, at 95 (discussing large age disparity between, husband and wife associated with domestic homicide). BACK (48) These men typically view the women's movement as the reason they cannot maintain satisfactory relationships with women. Henneberger, supra note 41 (stating that mail-order bride industry "was renewed, the brokers say, in the 1970's, when men who considered themselves casualties of the American women's movement began looking overseas for more traditional wives"). Promotional material for one mail-order bride catalog boasts a letter from a happily married "Marcus" who explains that, "[I]t is, easy to understand why so many European., Australian, and American men are going [to the Philippines] to select their wives. Unlike American women, most Filipinas are virgins up until the day they are married .... Filipinas are more caring, loving, devoted to their husband & children, understanding, and responsible than American women . . . . They have much more concern for the family unit and are against the idea of divorce." U.S.-ASIAN CONNECTION, PROMOTIONAL MATERIALS, Fall 1992 Update (claiming that the letter "is typical of the well over 200 confirmed marriages resulting from our service"').

Such motivations appear to be shared internationally. One Canadian consumer of mail-order bride catalogs laments the "overly liberated North American females" by stating, "Filipino women still have a lot of the old traditions in them, eh? ... They walk behind you where Canadian girls walk all over you." A Canadian mail-order bride publisher notes that "[t]his female liberation has done a lot for the females, but it sure hasn't done much for the fellow who's looking for a wife." Watson, supra note 46. In Japan, where some 20,000 mail-order brides immigrated over the last five years, "non-Japanese Asian women are popular with Japanese men because they are considered easier to control than their Japanese counterparts." Suvendrini Kakuchi, Japan: Landmark Court Ruling Upholds Rights of 'Mail Order' Brides, INTER PRESS SERVICE, Feb. 21, 1991, available in LEXIS, Nexis Library, Inter Press Service File. In Australia, where one report claims that 20% of the immigrant women marrying Australian residents are Philippine, many men choose mail-order brides because of a "stereotypical image . . . of Filipino women as being domesticated and subservient."' Kalinga Seneviratne, Australia: Filipino Mail Order Brides End Up Being Murdered, INTER PRESS SERVICE, July 20, 1991, available in LEXIS, Nexis Library, Inter Press Service File.

Abuse of mail-order brides is common in other countries, as well. In the past few years, for example, there have been I I officially acknowledged cases of Australian husbands murdering their Philippine mail-order brides. Id. BACK (49) See generally LEWIS & LEWIS, supra note 47. Both "mail-order brides" and their browsing grooms" are tutored in how to discover and obtain the ideal mate. Catalog companies laud the obsequiousness "inherently natural in an Oriental." Watson, supra note 46. And where what is "natural" for an "Oriental" leaves off, the mail-order bride industry picks up. Catalog publishers coach women in deferential mannerisms to please potential mates. Villapando, supra note 32, at 318-19, 322. The stereotype of the geisha girl is not shattered until the marriage is consummated. McCue, supra note 36. Women are described in catalogs as "likes to cook," "likes to sew," "likes home," "likes to keep house," or "enjoys household chores." U.S.-ASIAN CONNECTION, PROMOTIONAL CATALOG, Oct., 1992, at 16. In contrast, in a new "Russian ladies" catalog, the women express such interests as "enjoys psychology, art, travel, and nature." One company affords Russian women, unlike Philippine women, an opportunity to describe their "ideal man." One woman indicated that her ideal would be "age 25-35; courageous, prosperous, blond and sports minded;" another wanted someone "educated, clever and kind." U.S.-ASIAN CONNECTION, RUSSIAN PROMOTIONAL CATALOG, Feb. 1993, at 2. BACK (50) Men are instructed in various wooing techniques, including the "shotgun approach"' whereby a browser performs a mass mailing of photocopied letters to numerous women indicating his interest in them; a sample letter is provided, and men are told to employ generic greetings, such as "Dear Pretty Lady." LEWIS & LEWIS, supra note 47, at 8; Henneberger, supra note 41 (noting that "the purveyors of marital bliss suggest that volume is the key to finding a match"). For a bit extra, a man can pay the company to do the time-consuming business of letter-writing or gift-buying to woo prospective mates. Villapando, supra note 32, at 320-2 1. Some companies will write a man's personals ad as well; see U.S. ASIAN CONNECTION, ORDER FORM, 1993 ("We can compose your ad for you if you would prefer."). BACK (51) The industry encourages: "With 100's of young ladies in each of your issues you really have almost unlimited possibilities." An efficient method of pursuing the women once in the Philippines, one company urges, is to hire a taxicab driver and "just relax in the ... air conditioned hotels" while the cab driver "battle[s] the traffic and heat" to locate women. "The worst that could happen is that the young lady could tell the cab driver that she is already engaged or married. The cab driver could simply cross off her name and go find the next young lady on your list." LEWIS & LEWIS, supra note 47, at 30. Some Australian men have taken to importing multiple fiancees on short visas and then sending them back when their visas expire, only to sponsor another Australian welfare workers report that many Australian men boast that it. is "cheaper to get an Asian wife than to get an Australian prostitute." Seneviratne, supra note 48. BACK (52) Watson, supra note 46. BACK (53) Id. BACK (54) Villapando, supra note 32, at 325. BACK (55) Filipino Canadians Urged to Speak Up about Abuse, GAZETTE (MONTREAL), Feb. 23, 1992, at A3; see also Henneberger, supra note 41 ("The exotic charm of a distant correspondent can fade abruptly in the reality of culture shock and life with a stranger. Many of the prospective brides end up being deported. And the women, who are often quite young and speak little English, also, risk isolation and abandonment if not outright abuse from men they have known only through letters."). BACK (56) Leung, Many Mail-Order Brides Find Intimidation, Abuse: Marriages Made in China for U.S. Citizenship, supra note 40, at A9. BACK (57) Studies have shown that abusive husbands become more violent when their partners become pregnant. Richard J. Gelles, Violence and Pregnancy: Are Pregnant Women at Greater Risk of Abuse? in PHYSICAL VIOLENCE, supra note 13, at 282-83 ("Pregnant women's risk of abusive violence was 60.6% greater than that of nonpregnant women, while the overall risk of any form of violence to pregnant women was 35.6% greater than that of nonpregnant women. Not only did pregnant women report higher rates of violence, but men with pregnant wives or partners reported that they were more violent to their partners than were men married to women who were not pregnant at the time, of the interview."); see also Diane Bohn, Domestic Violence and Pregnancy, 35 J. NURSE-MIDWIFERY 86, 88-91 (1990); Judith McFarlane, Battering During Pregnancy: Tip of an Iceberg Revealed, 15 WOMEN & HEALTH 69, 71-72 (1989). BACK (58) Marvine Howe, Battered Alien Spouses Find a Way to Escape an Immigration Trap, N.Y. TIMES, Aug. 25, 1991, at A40. BACK Continued on Page II