FAQ: Immigration Remedies for Domestic Violence Victims
Photo by Ronak Valobobhai on Unsplash. U.S. immigration law provides protections and remedies for abused foreign spouses of U.S. citizens and legal permanent residents. If you are a victim of domestic violence, it’s important to know that you do not have to continue living with your abuser. Read our blog post to learn more about your immigration options.
If you are a victim of domestic violence, it is important to remember that you are not alone. If you are feeling unsafe and it is an emergency, call 911.
NYS State and National Domestic Violence Hotline Numbers:
* New York State Domestic Violence 24 Hour Hotline (English & español/Multi-language accessibility): 1-800-942-6906 or 711 for Deaf or Hard of Hearing
* New York State Chat/Text hotline: Text at 844-997-2121 / Chat: https://opdv.ny.gov/chat.html
* National Domestic Violence 24 Hour Hotline 1-800-799-7233 or 1-800-787-3224 (TTY)
* National Deaf Hotline Videophone 9am-5pm M-F 1-855-812-1001 or deafhelp@thehotline.org
I am a conditional resident who received my green card through my U.S. citizen spouse, who is physically and mentally abusive. Do I have to stay married in order to get my 10-year green card?
No, you do not have to stay married or continue living together with your abuser. Immigration law allows you to file the removal of temporary conditions application (Form I-751) by yourself, which is called a waiver of the joint filing requirement. You may file to remove conditions on your permanent residence status without your spouse at any time after you are granted conditional status if:
You entered into the marriage in good faith, but your spouse subsequently died;
You entered into a marriage in good faith, but the marriage ended through divorce or annulment;
You entered into a marriage in good faith, but you were battered or subjected to extreme cruelty by your spouse;
Termination of your status and removal from the United States would result in extreme hardship.
In this case, you must include relevant evidence such as your divorce certificate, evidence of abuse or extreme cruelty by spouse, and evidence that demonstrates why you should be allowed to continue the process and remain in the United States.
I am undocumented. My U.S. citizen/permanent resident spouse has been promising to petition for me but he has not. I love him but he has cheated on me and has hurt me and my child physically. Is my case hopeless?
No, your case is not hopeless. U.S. laws provide protections and remedies for you and your child. The Violence Against Women Act of 1994 (VAWA) is federal legislation providing legal protections and remedies for victims of domestic violence. In the immigration context, VAWA allows an undocumented immigrant to obtain permanent residence if they are the victim of battery or extreme cruelty committed by:
A U.S. citizen spouse or former spouse;
A U.S. citizen parent;
A U.S. citizen son or daughter;
A lawful permanent resident/LPR (green card holder) spouse or former spouse; or
An LPR parent.
You may self-petition under VAWA by filing a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) without your abusive family member’s knowledge or consent. If your self-petition is approved and you meet other eligibility requirements, you may be eligible to apply to become a lawful permanent resident.
It is important to know that it does not only protect women, but it also protects men, including those in same-sex marriages. Family members, such as children under 21 years old are afforded derivative status and can also obtain permanent residence.
I am undocumented and my spouse is also undocumented. He has hurt me physically multiple times and a couple of times very badly that I had to be hospitalized and the police got involved. I’m worried for my safety and feel hopeless about my situation. Do I have any options?
Yes, the U nonimmigrant status (U visa) is a temporary status for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
The following are the qualifying criminal activities covered under the U Visa, note that it includes domestic violence and related crimes:
Abduction
Abusive Sexual Contact
Blackmail
Domestic Violence
Extortion
False Imprisonment
Female Genital Mutilation
Felonious Assault
Fraud in Foreign Labor Contracting
Hostage
Incest
Involuntary Servitude
Kidnapping
Manslaughter
Murder
Obstruction of Justice
Peonage
Perjury
Prostitution
Rape
Sexual Assault
Sexual Exploitation
Slave Trade
Stalking
Torture
Trafficking
Witness Tampering
Unlawful Criminal Restraint
Other Related Crimes*†
*Includes any similar activity where the elements of the crime are substantially similar.
†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.
If you are a victim of domestic violence and would like to determine your eligibility for any of these immigration options, please contact us, we are here to help! Follow us on Instagram, Twitter, Facebook, LinkedIn and Tumblr, for up-to-date immigration news.
Torregoza Legal PLLC is the law firm for immigrants, by immigrants. We are founded on the motto of LegalEase: we do away with the legal jargon and make law easy to understand, so you can focus on what’s important to you – going for your American Dream.
Contact us at (888) 445-7066 or info@legalease.us. We are also on social media and on Skype: @LegalEaseUS. || www.LegalEase.us
This website and blog constitute attorney advertising. Do not consider anything on this website or blog legal advice as the law is dynamic, particularly in the immigration field and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.