An immigrant spouse who leaves an abusive partner may face deportation. Abusive partners sometimes use immigration petitions and I.C.E. as a means of coercion and control over immigrant spouses. Abusive partners who already have citizenship often threaten to withhold or withdraw their immigration assistance and affidavits of support if the victim calls the police or leaves, sometimes even contacting I.C.E.to have the victim arrested at a protective order hearing.1 This power imbalance gives the abusive partner significant leverage to control and isolate the abused spouse. In cases where the abusive partner is undocumented, the partner subjected to abuse may feel reluctant to report the violence for fear of the abusive partner’s deportation. Many survivors in this situation desire for the abuse to stop but may not want the abusive partner deported.
An immigrant survivor may self-petition (i.e., file a petition in her own name) the USCIS for legal resident status or suspension of deportation. Although not usually allowed under federal regulations, Legal Services Corporation (LSC) attorneys may represent immigrant domestic violence victims in domestic violence matters. Family law cases involving people who have very recently immigrated to the U.S. may present immigration-related risks that lawyers must be aware of when providing representation; these cases may also present challenges that need to be planned for if witnesses to the abuse and evidence of the abuse are in the home country.2
- 1Melissa Jeltsen, Domestic Abusers Have an Ally in the Trump Era. It’s ICE, Huffington Post (July 24, 2018).
- 2 For additional discussion of the unique needs of immigrant survivors, see Section 9.1.