What You Need to Know About Immigration Rights for Domestic Violence Victims
Victims of domestic violence, regardless of their immigration or citizenship status, can receive protection. Here’s everything you need to know about immigration rights for domestic violence victims.
Immigrants that have experienced domestic violence are allowed to file petitions for permanent residence separate from their abusers. Different immigration benefits can be provided, and each holds different requirements to be met.
What legal rights do domestic violence victims have in the United States?
Regardless of both immigration and citizenship status, every individual in the United States is entitled to basic protections provided by civil and criminal law. Family law guarantees all people to:
- Have the right to acquire a protection order for oneself and children
- Have the right to seek custody of one’s children as well as financial support. In most cases, parents that do not reside with their children are still obligated to pay child support until the child reaches a certain age
- Have the right to legally separate or divorce a spouse, regardless of whether he or she consents, AND
- Have the right to share particular marital property – courts will divide community property in California in the case of a divorce
Police can provide victims of crime, regardless of immigration or citizenship status, with a protection order. Immigration attorneys at Her Lawyer can assist in helping one to understand their options according to family law.
Related: Immigration for Women to the United States
Filing petitions for permanent residence separate from their abusers
An immigrant that is a victim of domestic violence can apply for legal immigration status for oneself or for his or her children by utilizing one or more of three specific methods. These methods involve filing petitions for permanent residence separately from abusers, as the victim’s application is confidential and does not involve family members being notified. The three methods include:
- Cancellation of removal with the Violence Against Women Act
- Self-petitions for legal status with the Violence Against Women Act
- U-nonimmigrant status for crime victims
Each of these immigration benefits has different requirements that need to be met by the applicant. Her Lawyer provides a network of attorneys that can assist in understanding the different immigration benefits one may be entitled to.
Related: Seeking Asylum Based on Domestic Violence
The process of filing a petition for permanent residence
Firstly to file a petition, the victim of domestic violence must sign and complete Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Then, he or she must pay a filing fee and provide the necessary evidence and related documents. After filing, courts will process the petition and send a receipt notice to confirm the petition was received by the court, as well as a notice to appear for an interview. Further, the court’s decision will be sent out. In certain cases, biometric services notices will be sent out as well.
Contact Us
If you or a loved one has any more questions about immigration rights for domestic violence victims, contact us. Get your free consultation with one of our experienced immigration attorneys today!