Immigration

Please know that there are places that will help a victim of abuse, no matter what his/her immigration status is. For someone who is being abused, there may be options such as calling the police to try to get the abuser arrested and out of the home, or going to civil court to apply for a protective order (which does not have to involve the police). You can find information about protective orders in your STATE [HYPERLINK] and how protection orders can help a person. [HYPERLINK] If a respondent violates the order, s/he can be arrested. However, depending where a victim lives, in some states or counties, there may be risks for an undocumented person to have contact with the police or with the courts.  You may want to ask a state or local domestic violence legal organization if there is any risk to you by calling the police or going to court. You may want to ask whether or not the police or courts will contact Immigration and Customs Enforcement (ICE) if they learn that you are undocumented.   I would like to say that generally, the police are more concerned with undocumented immigrants who commit crimes, not victims of crimes who are reaching out for help - but there are many counties and states whose police forces now will report undocumented individuals to ICE.   It may be best to try to connect with an organization as soon as possible to talk to an advocate just to be certain that there is not a large risk of this in your county or whether the risk is less if you go to court as opposed to going first to the police.  Also, an advocate or attorney may suggest that s/he go to the police with you to try to advocate on your behalf.  If you are worried that the abuser will call the police to report you as being undocumented, you can also raise this concern to the lawyer or advocate that you talk to. 

Another option for help, which does not involve the police or the courts, can be to reach out to a domestic violence organization that helps women who are being abused, to find an advocate or counselor who can help you through this process and support you emotionally. We list local agencies in your state on our website. [HYPERLINK]  Another option is to make a “safety plan” - we have some “Safety Tips” to get you started, but an advocate at a local organization can help you make a personalized safety plan.

Also, there may be immigration remedies available for victims to get legal status such as through a U-Visa or through VAWA - you can read more about these options on our website. Specifically, there is a federal law called the Violence Against Women Act (VAWA) which allows an abused woman to petition to get her green card on her own without the help of her husband, or to continue the process on her own if it was already started. This law was created so that an abused woman does not have to stay with an abuser to get her residency. U-visas involve a situation where the undocumented person is a victim of a crime, including domestic violence, and assists in the investigation or prosecution of that crime.  However, it is very important to talk to a lawyer before attempting to file anything with Immigration, and also important to find an immigration lawyer with experience with VAWA or U Visa. You can find free and low cost lawyers on our Finding a Lawyer page [HYPERLINK]. We also have information for some national immigration organizations that you may want to contact to try to find an immigration lawyer that specializes in VAWA or U Visa.