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LEARN ABOUT DOMESTIC VIOLENCE (DV)
IMMIGRANT WOMEN & DOMESTIC VIOLENCE
Immigrant women who experience emotional, sexual, physical and economic
abuse from a spouse may have additional cultural and language barriers
when seeking help. While many battered women are isolated and victimized
over a period of time, these methods of abuse can be compounded for immigrant
women. In some cultures, abuse may stem from the batterer’s family
as well.
Some of the unique barriers that many immigrant women face consist of:
- constant threats of deportation
- withdrawal of her petition to complete her legalization status
- intimidation by destroying important documents such as an identification
card or passport
- destroying personal mementos from her home country
- threatening to report her employment status if she works “under
the table”
- making derogatory/ racist comments about her culture
- threatening to deport her and keeping the children
If you are married to a U.S. citizen or legal permanent resident who
is abusing you, and are concerned about obtaining legal immigration status,
you may be able to apply for permanent residency.
Permanent Residency for Battered Immigrant Women
 Printable
Information on Permanent Residency
The Violence Against Women Act, passed by congress in 1994 and re-authorized
in 2000, was a major step forward in addressing the needs of battered
immigrant women. Some of the changes made by this legislation are:
- battered immigrant women can now obtain lawful permanent residence
without leaving the country
- immigrant domestic violence victims can now apply for residency, regardless
of how they entered the country
- a new type of visa for victims of serious crimes will now allow some
women to attain lawful permanent residence
Who can apply?
A spouse or child(ren) who have been, or who are currently victims of
domestic violence, including physical or emotional abuse, verbal or sexual.
How do I apply?
Proof must be provided for the following:
- The existence of physical or mental abuse by a parent or spouse.
- The spouse or child has lived with the abuser.
- The spouse entered the marriage in good faith.
- The spouse is married to the abuser. If there has been a divorce as
a result of domestic violence, the application must be submitted within
two years after the divorce.
- The abusive spouse is an U.S. citizen or permanent resident. If the
spouse is deceased or if the spouse lost his permanent resident status
as a result of domestic violence, the application must be submitted
before two years lapse since the spouse’s death or loss of residency.
- The abused spouse or child has not committed a criminal offense and
is a person of “good moral character”.
In Alameda County, contact the International
Institute of the East Bay or Catholic
Charities of the East Bay for legal assistance and information on
how to apply for permanent residency.
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