Immigrant Status and Domestic Violence

Legal/Policy
***The information provided here is not legal advice and one should seek the help of a professional before taking any legal action in your situation.*****

Immigrant women in battering relationship may face additional barriers to leaving an abusive relationship due to her immigration status. Often the abuser misinforms or threatens to have their spouse deported if they do not obey. This fear can keep immigrant women from reaching out and seeking help.

The Violence Against Women Act (VAWA) allows provisions to protect Abused Immigrant Women & Children. Under VAWA the abused may self petition for lawful permanent status or cancellation of removal. Before attempting to attempt either course YOU MUST FIRST CONSULT AN IMMIGRATION LAWYER.

For further information on Abuse, VAWA and Immigrant status visit NOW Legal Defense & Education Fund website and other useful links.

Some Guidelines for advocates & Shelters

• Understand that their stay in a shelter may be longer due their immigrant status.
• Use a qualified interpreter – do not use children and be aware that sometimes community interpreters may not have the same ethical standards of interpretation (they begin advocating/omitting) but can also provide useful information as to cultural context. Just be aware of the cons to using non-certified interpreters.
• If you are not already connected to a local organization make contact. The local organizations can provide resources you may not be aware of for your client.
• Confidentiality is key – many cultures have informal and highly effective ways of communicating and finding out information in a case of abuse is to her disadvantage so be sure to ask before making overtures to certain organizations within her community.
• Fear of losing her community may be more paramount than maintaining her safety.

Some facts:

A battered woman who is not a legal resident, or whose immigration status depends on her partner, is isolated by cultural dynamics which may prevent her from leaving her husband or seeking assistance from the legal system. these factors contribute to the higher incidence of abuse among immigrant women.
Orloff et al., With No Place to Turn: Improving Advocacy for Battered Immigrant Women, Family Law Quarterly, vol. 29, no. 2, 313 (Summer 1995).

Batterered immigrant women who attempt to flee may have no access to bilingual shelters, financial assistance or food. it is unlikely that she will have the assistance of a certified interpreter in court, when reporting complaints to police or a 911 operator, or even in acquiring information about her rights and the legal system.
Orloff et al., With No Place to Turn: Improving Advocacy for Battered Immigrant Women, Family Law Quarterly, vol. 29, no. 2, 313 (Summer 1995).