Domestic Violence - Immigration Laws
Domestic violence reaches all segments of our society. Unfortunately, many people who come to America with hopes of better lives find themselves in abusive relationships. Because their right to reside in the United States is dependent on their spouse's status as a U.S. citizen or Lawful Permanent Resident (LPR), many victims of domestic violence and sexual assault may be afraid to seek help. Immigrants who are victims of domestic violence or sexual assault should know that HELP IS AVAILABLE.
Isn't this a family matter that is best kept within the family?
Although most people who are abused first turn to friends and family for help, domestic violence is against the law. In addition to the police, there are various services available to help victims of domestic violence and sexual assault.
What can I do?
You can call the Virginia Family Violence and Sexual Assault Hotline at 1-800-838-8238. Someone is available to speak to you at any time. The call is free and confidential.
You can call the police. If you are being hurt, you can call 911 and the officer will help you. When the officer arrives, you may ask the officer to transport you to a hospital, shelter, or magistrate. A magistrate is an officer of the court who can issue emergency protective orders and warrants.
You can ask for a protective order. Protective orders are orders from a judge or magistrate to the abusive person to stop the abuse. Protective orders also can require the abuser not to contact you or to allow you to use a vehicle that you and the abuser own together.
Will I have to leave my home if I seek help?
No one will force you to leave your home. If you choose to stay, you should talk to someone from a domestic violence organization to determine the best way to stay safe while at home. Call the Hotline at 1-800-838-8238 for more information. You should know that most victims of abuse believe that leaving was the most helpful way to achieve safety.
Will I be deported if I seek help?
If you are undocumented or are unsure of your immigration status, you should talk to an immigration attorney. In any case, calling the Hotline will not place you in danger of deportation, and police will help you if you call them in an emergency.
Even if you are reported to authorities, you will have the opportunity to tell authorities about the abuse. "Cancellation of removal" is available for some victims of abuse when deportation proceedings have already begun. Remember, your safety is important. Get help and be sure to speak to an immigration attorney.
Can I get a green card without the help of my spouse?
Victims of abuse who are married to U.S. citizens or LPRs can file for their residency status (green card) on their own behalf and on behalf of their children. This is called the self-petitioning process.
How do I self-petition?
You must complete an immigration form and file supporting documents. There is also a fee to apply, but you may be eligible for a fee waiver. Please talk to an immigration attorney for additional information and assistance.
Can I get a work permit?
Yes. Self-petitioners and their children who have been approved through the self-petitioning process are eligible for a work permit.
I can't afford an attorney. What do I do?
There are several organizations serving Virginia that offer immigration assistance for free or for a low cost. Click here for a list of names and contact information for these organizations. Also, someone at the Virginia Family Violence and Sexual Assault Hotline at 1-800-838-8238 may be able to refer you to other places that assist immigrants.
What if my spouse is not a U.S. citizen or LPR or I was never married to my abuser?
You may be eligible for a U type visa when they become available. U visas will be available for victims of all crimes if they have information that will be helpful in the prosecution of the perpetrator of the crime and have suffered substantial injury. Again, speak to an immigration attorney for more information and assistance.
For more information, visit the Bureau of Citizenship and Immigration Services (BCIS) web site.
ASIAN (WOMEN'S) SELF HELP ASSOCIATION (ASHA)
P.O. Box 34303
West Bethesda, MD 20827
6201 Leesburg Pike, Ste. 307
Falls Church, VA 22044
MIGRANT FARMWORKER MINISTRY
P.O. Box 584
Accomac, Va 23301