Immigrant survivors who leave their abusive partners may face enhanced vulnerability to deportation through their partners’ actions or inactions. Specifically, abusive partners often threaten to pull previous support for permanent residency for victims, refuse to assist in the seeking of residency, fail to pass on documents and correspondence from immigration proceedings, or, in the most extreme cases, contact I.C.E. to report the victims as being in the country illegally. Lawyers should make sure that immigrant survivors of abuse receive legal advice about deportation risks and potential avenues for protection. These avenues include:
- U- Visa – allows immigrant victims of certain types of crimes, including domestic violence, who have been helpful in the investigation of prosecution of the crime to apply for a visa that may lead to green card status.1
- VAWA – allows an abused spouse or child of a U.S. citizen or lawful permanent resident to self-apply for lawful permanent status and also allows for employment and access to public benefits.2
- T-Visa – allows human trafficking survivors to apply for permanent status and employment authorization.3
If a survivor may be eligible for these immigration protections, assist them in securing representation by an immigration attorney or advocate.
- 1Victims of Criminal Activity: U Nonimmigrant Status, U.S. Citizenship & Naturalization Servs.
- 2Green Card for VAWA Self-Petitioner, U.S. Citizenship & Naturalization Servs.
- 3I-914, Application for T Nonimmigrant Status, U.S. Citizenship & Naturalization Servs.