THE OKLAHOMA BAR JOURNAL 30 | OCTOBER 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Immigration Law Immigration Relief for Victims of Abuse and Crimes By Lorena Rivas 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.
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