Immigration and Domestic Violence

Immigrant women are the victims of domestic violence at higher rates than U.S. citizens. Immigrant women face higher social, economic and legal barriers when seeking safety.

If you are in danger it is important that you call the police. As a general rule the police will not call U.S. Citizenship and Immigration services on a women reporting domestic violence. If you do not feel comfortable calling the police it is imperative that you leave the situation for your safety. Go to a friend’s house or a woman’s shelter. Your immigration status can be kept private at these locations. Be sure to carry identification papers and birth certificates with you as these will be important when filling out public assistance paperwork.

A protective order can be filed to keep the abuser from coming near you or your children. The protective order also prohibits the abuser from contacting you, your children or other family members. You can also ask for full custody and spousal support and that the batterer be removed from your home. The protective order kit is available online at http://www.texaslawhelp.org/. This kit will help you ask a court for a protective order. These forms can be filed for free and without the help of an attorney. For additional help there is also the Family Violence Legal Line. The number is (800) 374-HOPE. A protection order can be granted despite your status as a U.S. Citizen. A protection order is only effective if you are willing to call the police to enforce the order.

There are two ways to gain citizenship for women who are married to U.S. citizens or lawful permanent residents as provided in the Violence Against Women Act (VAWA). The first option is self-petitioning. This allows you to apply for residency for you and your children and your husband does not have to know. The second option is cancellation of removal where the court may waive you deportation and grant you residency. Consult your attorney to determine which method will be more effective for you. 

A lawyer or immigration officer will be your biggest ally in custody issues. Your first step should be to get a custody order. This order can prohibit your husband from removing your children from the country in which you live. Take a copy of this order to your children’s schools and notify the school that your kids should not be released to anyone but you. Also be sure that you have recent passports and photos and birth certificates for your children.

If you are a U.S. Citizen or a lawful permanent resident or you possess a valid visa you will not be deported. If you entered the U.S. on fraudulent documents, violated the conditions of your visa or if you have committed certain crimes then you may be deported. If you are uncertain about your immigration status see an immigration attorney to see if you can legalize your status. If your partner were to report you to the USCIS deportation may not follow and would not be immediate. In the majority cases an opportunity to present your case to a judge will be provided.

If you seek assistance from a shelter or an attorney it is unlikely that deportation of your partner will result. However, if you contact the police and your partner is convicted of a crime this may result in his deportation depending on the crime and his immigration status. 

Do not go to USCIS without a lawyer or before consulting a lawyer. Your attorney will be able to counsel you and give you the best assistance for your situation. 

Source: 
Domestic Violence and Immigrant Women. Texas Bar Journal. Vol. 68, No. 7. pp659