OCTOBER 2025 | 33 THE OKLAHOMA BAR JOURNAL 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. 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 Asylum10 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 depressed12 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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