8. November 2010 by admin.

Depending on the circumstances, there are several ways that immigrants who become victims of domestic violence, sexual assault, and some other specific crimes may apply for legal immigration status for themselves and their child(ren). A victim’s application is confidential and no one, including an abuser, crime perpetrator, or family member, will be told that you applied.

• • Self-Petitions under the Violence Against Women Act (VAWA) (Form I-360):
    • For spouses and children of abusive U.S. citizen or lawful permanent residents who have subjected them to battery or extreme cruelty.
    • Also available to parents of abusive U.S. citizen children (if children are over 21).
    • Allows the victim to apply for legal permanent residency without the help or knowledge of the abuser.
  • Battered Spouse Waivers under VAWA (Form I-751):
    • For a conditional permanent resident who has been subjected to battery or extreme cruelty by a U.S. citizen or lawful permanent resident spouse.
    • Allows the victim to remove the conditions on permanent residence without the help or knowledge of the abusive U.S. citizen or lawful permanent resident spouse.
• Cancellation of Removal under VAWA (requested in immigration court):
  • For spouses and children of abusive U.S. citizens who have subjected them to battery or extreme cruelty and who are in removal proceedings before an immigration judge.
  • Also available to the parent of a child or step-child who is abused by a U.S. citizen.
  • Among other requirements, victim must have been in the United States for longer than 3 years, and show that removal will cause the victim extreme hardship.
  • Allows the victim to request that the immigration judge cancel the removal proceedings and grant the victim lawful permanent residency.
• U-nonimmigrant status (crime victims) (Form I-918)
  • For victims of certain serious crimes, including domestic violence, who have suffered substantial mental or physical abuse as a result of criminal activity in the United States.
     Requires victims to cooperate in the criminal investigation or prosecution.
  • Allows victims to receive a “U visa,” and, after 3 years, if they can prove humanitarian need, public interest, or family unity reasons, to apply for lawful permanent residency.
• T-nonimmigrant status (victims of human trafficking) (Form I-914)
  • For victims who have been subjected to severe forms of sex or labor trafficking.
  • Requires victims to cooperate in the criminal investigation or prosecution.
  • Allows victims to receive a “T visa,” and, after 3 years, to apply for lawful permanent residency.

These immigration options each have further specific requirements that must be established. For more information and a flyer specifically on “Immigration Options for Victims of Crimes,” please visit the “Humanitarian” section of the USCIS website

Consult an immigration lawyer who works with victims of domestic violence to discuss how any of these immigration options may affect or assist you.

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8. November 2010 by admin.

All people in the United States, regardless of immigration or citizenship status, are guaranteed basic protections under both civil and criminal law. U.S. laws that apply to families give you:

• The right to obtain a protection order for you and your child(ren).

• The right to legal separation or divorce without the consent of your spouse.

• The right to share certain marital property. In cases of divorce, the court will divide any property or financial assets you and your spouse have together.

• The right to ask for custody of your child(ren) and financial support. Parents of children under the age of 21 often are required to pay child support for any child not living with them.

Consult a family lawyer and an immigration lawyer who works with immigrant victims of domestic violence to understand how any of these family law options may affect or assist you.
Under U.S. law any crime victim, regardless of immigration or citizenship status, can call the police for help or to obtain a protection order.

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8. November 2010 by admin.

Domestic violence is a pattern of behavior when one intimate partner or spouse threatens or abuses the other partner. Domestic violence may include physical harm, forced sexual relations, psychological and emotional abuse, tactics of isolation (such as controlling who you talk to or where you go) or intimidation, economic abuse (such as withholding support) and/or immigration related abuse or threats (such as refusing to file applications to give you legal immigration status, or threatening to call immigration authorities to get you removed from the United States if you report abuse).

Domestic violence often increases victims’ dependence on abusers, making it difficult for victims to leave. While most recorded incidents of domestic violence involve men abusing women or children, men can also be victims of domestic violence. Domestic violence may include sexual assault, child abuse, and other violent crimes. Sexual assault is any type of sexual activity that you do not agree to, even with your spouse, and can be committed by anyone. It includes unwanted touching of your intimate parts as well as rape or attempted rape. Child abuse includes: physical abuse (any injury that does not happen by accident, including excessive punishment), physical neglect (failure to provide food, shelter, medical care or supervision), sexual abuse, and emotional abuse (threats, withholding love, support or guidance).

Under all circumstances, domestic violence, sexual assault, and child abuse are illegal in the United States. All people in the United States (regardless of race, color, religion, sex, age, ethnicity, national origin, or immigration status) are guaranteed protection from abuse under the law. Any victim of domestic violence – regardless of immigration or citizenship status – can seek help. An immigrant victim of domestic violence may also be eligible for immigration related protections.

If you are the victim of domestic abuse, contact your local law enforcement or a shelter for more information regarding your options.

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