Undocumented women and other immigrant and refugee women who are victims of intimate partner violence experience all of the same types of behavior that occur in any abusive relationship. However, the abuser will often also use the victim’s immigration status as a way to further abuse or exert power and control over the victim.

For undocumented, immigrant, and refugee women, their abuser may:

• Fail to petition for the victim’s legal immigration status despite her eligibility.

• Threaten to call immigration if the victim leaves or does not do what he wants her to do.

• Threaten to have the victim deported.

• Convince the victim that the police or other community support systems are all connected to immigration and if she turns to them for help she will be deported.

• Convince the victim that if she leaves or tells anyone (i.e. police), the children will remain in the U.S. with him but she will be deported back to her country.

• Convince the victim that if she leaves, she will be charged with abandoning the home and face repercussions from law enforcement, immigration, and the department of human services.

• Keep all of her important papers (i.e. immigration papers) and convince her she can’t leave because he has these documents.

In addition to the abuser’s threats, an undocumented or immigrant victim may also be particularly isolated from family and other support systems, have limited access to transportation, and be more economically dependent on her abuser than other victims. If she is part of a small refugee community it may be particularly difficult to leave an abusive situation because of fears of becoming disconnected to the only familiar community she has.

Despite these additional hardships, immigrant women do have options! There are specific laws in place under the Violence Against Women Act to protect immigrant women. Call the National Domestic Violence Hotline at 1-800-799-7233 or call SafeHouse Denver at 303-318-9989.

Services for Immigrant Women at SafeHouse Denver, Inc.

SafeHouse Denver does not have any requirements regarding immigration status nor do we inquire into immigration status for our services including the 24 hour Crisis and Information Line, the Emergency Shelter, and the Counseling and Advocacy Center.

For Spanish-speaking immigrants, all services are provided in English and Spanish. Both group and individual counseling are offered in Spanish by bilingual/bicultural staff. At times, a bilingual person may not be available to answer the Crisis and Information Line, however all Spanish speakers will be transferred to a message where they are given instructions on how to receive immediate help as well as the option to leave a message that will be returned within 24 hours.

SafeHouse Denver, Inc also offers legal services to ongoing clients who are eligible for immigration relief through the Violence Against Women Act or through U Visa provisions.

Legal Options for Undocumented Victims of Domestic Violence

As with all legal matters it is important to meet with a lawyer about your particular situation to determine your eligibility and legal rights. The information below is intended to inform victims of possible options.

All undocumented, immigrant, and refugee women can seek certain judicial remedies such as protection orders, child custody, and child support without needing to provide proof of legal immigration status.

Some immigrant victims of domestic violence also have the option of applying for legal immigration status.

VAWA
The Violence Against Women Act allows immigrant victims of domestic violence to self-petition for legal residence if the abuser is a U.S. citizen or Legal Permanent Resident. This law recognizes that some abusers with legal immigration status will not extend that status to their partner in order to maintain power and control over her. Another form of VAWA is available to victims who have already been placed in deportation proceedings and is called VAWA Cancellation of Removal. Either type of VAWA application should be done with the assistance of an immigration attorney.

U Visas
The U Visa is available for immigrant victims of certain crimes regardless of the immigration status of the perpetrator. Some of the crimes included are applicable to domestic violence such as menacing and assault. The immigrant victim must establish that s/he has been helpful in a law enforcement investigation or prosecution and obtain certification of this by the prosecutor or law enforcement official. Unlike VAWA, a U Visa does not lead to Legal Permanent Residency. However, U Visa grantees become eligible to work in the United States and their children gain legal status if they are not already citizens. As with other forms of immigration relief, please consult with an immigration attorney before applying for a U Visa.