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An abused woman does not need to be a U.S. citizen or legal resident to get a "Protection from Abuse" order. However, many immigrant or refugee women affected by domestic violence don’t get help because they fear immigration officers.
It is not just undocumented women who are scared, but also women who do not know their legal rights. They worry that they can’t get permanent residency without their husband's help.
A federal law called the Violence Against Women Act (VAWA) creates two ways for women married to U.S. citizens or permanent U.S. residents to get residency.
- The first option allows an abused immigrant woman to apply for residency for herself and her children without the help of her abusive husband. He plays no role in the process and does not have to know the petition has been filed.
The law is complicated. Ask for help from a domestic violence program before going to the Immigration and Naturalization Service.
- The second option is called "Cancellation of Removal." This choice is available only when a woman is in, or can be placed into, deportation proceedings. If a woman is eligible for this option, the court may stop the proceedings and give the woman residency.
If someone can't get help under VAWA, there still may be other ways to get immigrant status. For example, there is a new visa category for crime victims who help legal authorities in the investigation of a crime.
The laws are complex so it is important to reach out for help. Talk with a domestic violence counselor.
If you or someone you know needs help, call: 24-hour National Domestic Violence Hotline.
1-800-799-7233 (SAFE)
1-800-787-3224 (TTY for the Deaf)
or visit www.ndvh.org
Help is available 24 hours a day in English, Spanish, and many other languages. All contact with the hotline is free and confidential. |
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