Immigration Options for Victims of Domestic Abuse

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.

This entry was posted on 8. November 2010 at 22:09 and is filed under domestic abuse. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.

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