Despite the topic of immigration being hotly debated and argued, something on which the American public can agree is that a victim of abuse deserves protection and the opportunity to heal from the trauma. Unfortunately, many immigrants easily become victims of abuse and crimes due to their lack of resources and protection and fear of deportation. As a result, a unified Congress enacted various laws to provide immigration relief to such victims of abuse and crimes.

Protection for victims of abuse and crimes came through the Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPA). Part of the purpose of VAWA was to “deter and punish violent crimes against women ... by providing assistance to State and local law enforcement agencies, ... by training judges to better handle cases involving violence against women, by providing that victims of sexual assault receive compensation from the offender, by preventing violators of certain restraining orders from obtaining firearms, and by permitting battered immigrant women to leave their batterers without fearing deportation.”[1] Congress passed the TVPA to combat “the trafficking of persons into the sex trade, slavery, and slavery-like conditions in the United States ... as well as protection and assistance for victims of trafficking.”[2]

IMPORTANCE OF HELPING VICTIMS OF ABUSE

Definitions of Undocumented Person and Abuse

An undocumented individual is a person who is present in the United States without the proper documentation or status, such as a visa or lawful permanent residence status. They were not inspected when they entered the United States and entered without the proper permission. An undocumented person can be an individual who entered the United States without inspection or someone who entered the United States with inspection and admission and then remained in the United States beyond their allotted time. These individuals are referred to as overstays. Some examples of individuals with permission to be in the United States despite not being a U.S. citizen are lawful permanent residents (green-card holders), T/U/S visa holders, student visa holders, H-1B visa holders, visitor visa holders, refugees, asylum applicants and individuals with parole status. All of these have certain requirements to maintain to be able to continue to hold noncitizen status and remain in the U.S.

Abuse, according to the Power and Control Wheel,[3] is the infliction of physical, emotional, mental, verbal or financial pain on someone. It is important to note that abuse does not need to be physical to be legitimate. There are various forms of abuse, and their impact on victims is significant and has lasting effects.

Importance of Helping Immigrant Victims of Abuse

Domestic abuse is abuse that occurs in a domestic relationship or household. It mostly occurs between partners but also happens from parent to child, as well as child to parent.

Abuse never happens in isolation. In fact, abuse has lasting effects that echo beyond the primary victim.[4] Family members, children and community members feel the impact of domestic abuse. Witnessing or being around abuse causes psychological trauma that impacts future relationships. It could cause a child to believe abuse is normal and expected and participate in abuse as they grow up. It could cause a community to be tolerant of abusive practices and not advocate for resources or protection. It could cause an individual to have low self-esteem and believe they do not deserve better and settle for a life of abuse and marginal resources. These examples and more show how abuse does not just occur to an individual, but it also creates waves in communities. The effects of abuse eventually infiltrate every community regardless of race, language, nationality or economic status.

While it is evident that it is our duty as citizens to help victims of abuse, this also extends to when the victim is undocumented. Because of their unlawful status, undocumented individuals are more likely to be the victims of crime.[5] They have become easy prey for criminals because of their fear of arousing the suspicion of immigration authorities. They are also seen as easy prey because of the language barriers they have with law enforcement authorities to properly report crimes and abuse. Their fear and language barriers make it more likely that they will be victimized numerous times before they gain the courage and assistance to try to stop the cycle of abuse. Recognizing these struggles and the need to empower the members of our community, Congress adopted numerous laws that provide immigration relief to victims of abuse and crimes.

TYPES OF RELIEF

VAWA

The Violence Against Women Act (VAWA)[6] provides protection and a pathway to lawful permanent status for individuals who have suffered abuse at the hands of someone with lawful permanent resident status or a U.S. citizen family member. To qualify for VAWA, one must be married to or recently divorced from a U.S. citizen or lawful permanent resident holder. A parent of a 21-year-old or older U.S. citizen child may also qualify, as well as a child (25 years or fewer) of a U.S. citizen or lawful permanent resident. Additionally, men also qualify for protection under VAWA. In these relationships, there must have been abuse (physical, emotional, psychological, mental or financial) present at some time during the relationship. Knowing that many victims would jeopardize their safety or the safety of a loved one if they made a police report, VAWA does not require a criminal arrest. Evidence of the abuse can be corroborated with testimonies, witness accounts, psychological reports or photographs. The processing time for these types of applications is around three to five years.

U Visas

U visas[7] provide protection for victims of certain crimes, including domestic abuse, that occur in the United States. Unlike VAWA, which does not require a police report, a U visa requires a criminal report to have been made and that the victim collaborated with authorities in the investigation and prosecution of their criminal abuser. A law enforcement agency must certify that the individual was a victim of that specific crime and that they helped the authorities.

Without this police certification, an individual cannot apply for U visa status with the U.S. Citizenship and Immigration Services (USCIS). It is important to note that there is no deadline to apply for U visa status, but some police departments self-impose tight deadlines to request such certification from victims. The timeline to be approved for U visa status is much longer, and as of right now, there is about a nine-year wait.

T Visas

While victims of trafficking can occur in labor and smuggling instances, individuals in abusive domestic relationships may also be trafficking victims. Many times, trafficking victims have been subject to threats, coercion and abuse that would force the victim to commit an act they do not want to or perform slave-like duties. If an undocumented individual is forced to clean homes and cook, perform sexual acts, work and give up their pay to their abuser or cannot freely leave the home, they may be a victim of trafficking and eligible for a T visa.[8] The T visa offers protection and lawful status to remain in the United States. Here, T visa victims must report the trafficking to authorities like the FBI, the trafficking office or local authorities. The processing time for T visas is about two years.

SIJ

The special immigrant juvenile (SIJ)[9] classification provides protection for children present in the United States who have been abandoned, abused or neglected by one or both of their parents. A local court must determine whether the child has suffered abuse, abandonment or neglect and that it is not in the best interest of the child to return to their country of origin. This is the first step in the SIJ application process; however, obtaining such an order is not a guarantee that the child’s SIJ application will be approved. USCIS reviews the application and determines whether to grant such status. For a child to get lawful permanent resident status through this route, it could take three to six years.

Asylum

Asylum[10] is the last form of relief that could help victims of abuse. In this case, though, the abuse would have happened in the applicant’s home country, and they have come to the U.S. to escape it. The applicant must show they have a credible fear of returning to their country, and this fear is based on their race, religion, nationality, political opinion or membership in a particular social group. Victims of domestic abuse would attempt to fit in with the last basis of membership in a particular social group. This is not an easy feat, as many circuit courts have found that domestic abuse victims, in particular women, do not meet the definition of a particular social group, making the grant of asylum a very steep battle for any applicant and their lawyer.[11]

CONCLUSION

Identifying victims of abuse is not easy since so many individuals hide the enduring scars they carry. However, regular legal practitioners often encounter them throughout other legal processes. Signs of physical abuse are easier to spot, but not all signs of abuse are visible. Some signs of nonphysical abuse include:

• The victim is afraid to see their family members or is very anxious to please them
• The victim has stopped seeing family and friends
• The victim makes excuses for their family member’s behavior
• The victim is always checking in with their abuser about moving locations
• The victim has limited control over their finances
• The victim has become anxious or depressed[12]

These are just a few examples. To be able to help victims of abuse, it is important to discard past beliefs about what a battered victim looks like. Abuse comes in many forms, and many victims hide the effects of their abuse to avoid embarrassment and for self-preservation. However, when victims finally choose to seek help or are discovered by a reassuring and helping hand, especially for undocumented immigrants, their lives change for the better.

As a result of applying and being approved for one of the immigration benefits described in this article, the undocumented immigrant receives the authorization to work and the protection to remain in the United States. Experts have said:

When survivors can legally work and no longer fear deportation, they end their isolation by reconnecting with friends, family, and the larger community, including their ethnic/cultural communities. There is a 6-fold increase in immigrant survivors’ parental involvement in their children’s schools, and a 24% increase in immigrant survivors reaching out to help other victims in their community. Finally, the study results found that with employment authorization, labor force participation, in at least minimum wage employment, increased by 300% among immigrant survivors. Forty three percent of immigrant survivors authorized to work were employed in jobs with healthcare, vacation, and maternity leave benefits. According to study results, after employment authorization, immigrant survivors’ participation in English as a Second Language (ESL) classes increased 225%, with 35% obtaining GEDs and 38% pursuing either Associates or Bachelor’s degrees, achievements which allow them and their families to make social and economic contributions to society.[13]

The protections given to victims of abuse by our immigration laws via U visas, T visas, VAWA, SIJ and asylum applications, as demonstrated, without a doubt empower the victim, their family, our communities and society.

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ABOUT THE AUTHOR

Originally from Mutual in western Oklahoma, attorney Lorena Rivas is the proud daughter of two Mexican nationals whose dedication inspired a lifelong commitment to serve and represent immigrant communities. As the CEO of Rivas & Associates, a nationally recognized immigration law firm with offices in Oklahoma City and Tulsa serving immigrants across the U.S., Ms. Rivas is committed to ensuring her clients receive high-quality, compassionate legal representation.

 

 

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ENDNOTES

[1] H.R. REP. NO. 103-395, p. 25 (1993).

[2] TVAP, https://bit.ly/3K2K4fZ; 146 Cong. Rec. H9030 (2000).

[3] “Types of Abuse,” Women Against Abuse, https://bit.ly/4g1i9cm.

[4] Tara Davis, Directorate of Prevention, Resilience and Readiness: “Breaking the Cycle: Understanding Domestic Violence and Intergenerational Violence,” Oct. 23, 2023, https://bit.ly/47uIyxb.

[5] Xie M, Baumer EP. “Immigrant Status, Citizenship, and Victimization Risk in the United States: New Findings from the National Crime Victimization Survey (NCVS),” Criminology, 2021 November; 59(4):610-644. doi: 10.1111/1745-9125.12278. Epub 2021 Jul 28. PMID: 35177865; PMCID: PMC8849556. Abstract available at https://bit.ly/4mDb2JC.

[6] 8 USC §1101 (a)(51).

[7] 8 CFR 214.14.

[8] 8 CFR 214.202.

[9] 8 CFR 204.11.

[10] 8 USC §1158.

[11] Madeline Blesi, “Stuck in Limbo: How a Circuit Split in Immigration Proceedings Creates Uncertainty Among Those Applying for Asylum,” U. Cin. L. Rev. Blog (March 4, 2022), https://bit.ly/45NxUQI.

[12] “Warning Signs of Abuse,” Hubbard House, www.hubbardhouse.org/warning-signs-of-abuse (last visited Feb. 18, 2025).

[13] Leslye E. Orloff et al., “Transforming Lives: Helping Survivors of Domestic Violence and Sexual Assault Obtain Work Authorization and Economic Independence,” Nat’l Immigrant Women’s Advoc. Project 2 (June 8, 2021), https://bit.ly/4naQjgc.