- 19-Apr-2025
- Healthcare and Medical Malpractice
Domestic violence can significantly affect an individual’s immigration status, especially for those who are in the U.S. on temporary visas or are dependent on a spouse or family member for their legal immigration status. However, there are legal protections and relief options available to victims of domestic violence to ensure that their immigration status is not jeopardized due to the abuse they have experienced.
Many immigrants are dependent on their abusive spouse or family member for legal immigration status. This is common among those who are in the U.S. on spousal visas, family-sponsored visas, or other forms of temporary status.
Abusers may exploit this dependency by threatening to withdraw sponsorship or initiate deportation proceedings. In some cases, the abuser may even cancel the victim's application for permanent residency or other benefits, leaving the victim vulnerable to deportation.
Victims of domestic violence may fear that reporting the abuse or seeking legal protection will result in deportation. This is especially true for individuals who are in the country without legal status or on temporary visas. The fear of deportation may prevent victims from seeking help, staying silent, or staying in an abusive situation.
Some individuals may avoid seeking law enforcement or immigration relief out of concern that their undocumented status will be revealed, leading to arrest and deportation.
Domestic violence can also impact green card applications, especially when a victim is married to a U.S. citizen or lawful permanent resident. The abuser might withdraw their petition or manipulate the process, affecting the victim’s chances of obtaining permanent residency.
Victims may feel trapped in an abusive marriage because of fear that seeking divorce or reporting abuse could result in the denial of their green card application or other immigration benefits.
The Violence Against Women Act (VAWA) provides important protections for victims of domestic violence, including those who are immigrants. Under VAWA, certain immigrants who are victims of domestic violence by a U.S. citizen or lawful permanent resident spouse, parent, or child can self-petition for legal permanent residency without the abuser’s involvement.
This means that victims do not have to rely on their abuser to file for immigration benefits, and they can independently apply for green cards or other immigration relief. VAWA protections are available regardless of the victim’s gender.
The U-Visa is designed to provide immigration relief for victims of certain crimes, including domestic violence. Victims who are willing to cooperate with law enforcement in the investigation or prosecution of the crime can apply for a U-Visa, which allows them to stay in the U.S. for up to four years and apply for work permits.
The U-Visa helps protect domestic violence victims from deportation while they are assisting in the investigation of their abuser.
Victims of human trafficking who experience domestic violence may be eligible for a T-Visa, which provides temporary legal status and work authorization. This visa is intended to protect trafficking victims from deportation while they assist in the prosecution of their traffickers.
Although DACA is not a form of permanent residency, it can provide some protection for undocumented immigrants who were brought to the U.S. as children and who are victims of domestic violence. DACA allows individuals to remain in the U.S. without fear of deportation and can be renewed as long as the person meets certain criteria.
In certain circumstances, individuals who are in the U.S. unlawfully and are victims of domestic violence may be granted humanitarian parole. This is a temporary legal status that allows them to remain in the country for urgent humanitarian reasons, including fear of harm if they return to their home country.
In some cases, individuals from countries experiencing violence, instability, or conflict may qualify for Temporary Protected Status (TPS). While TPS does not provide a path to permanent residency, it allows victims of domestic violence from certain countries to remain in the U.S. without fear of deportation.
Domestic violence survivors can access legal aid to help them understand their rights and apply for the various forms of immigration relief available. Legal aid organizations and immigrant advocacy groups often provide pro bono (free) services or work on a sliding scale to help victims navigate the immigration system and apply for protections like VAWA or the U-Visa.
Immigration attorneys and domestic violence shelters can guide victims through the complex process of obtaining immigration relief while ensuring their safety.
Victims of domestic violence who are granted immigration relief, such as a U-Visa or VAWA self-petition, may be eligible for work permits that allow them to support themselves financially while their immigration case is processed.
Immigration authorities, as well as law enforcement, are required to keep the victim’s information confidential when they are applying for immigration relief, including in VAWA cases. This is to ensure that victims are not further endangered by their abusers or deportation proceedings.
A woman from Mexico, living in the U.S. on a temporary visa, experiences abuse from her U.S. citizen husband. Fearing deportation if she reports the abuse, she remains silent. However, after seeking help from a domestic violence shelter, she is informed of her rights under VAWA. She applies for a self-petition under VAWA, which allows her to apply for a green card without the need for her abuser’s cooperation. Additionally, she receives a work permit while her application is pending.
Domestic violence can have a significant and often detrimental impact on an immigrant’s status, especially if they rely on their abuser for legal status. However, there are several legal protections in place for victims of domestic violence, including VAWA, the U-Visa, and T-Visa, which allow victims to seek immigration relief and protection from deportation. It is essential for domestic violence victims to seek legal assistance to ensure they can safely navigate the immigration process without fear of losing their status.
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