Domestic and Sexual Violence

What is domestic violence?

Domestic violence can be called many things – relationship abuse, intimate partner violence, family abuse, dating abuse. The National Domestic Violence Hotline defines it as: a pattern of behavior used by one partner to maintain power and control over another partner in an intimate relationship. Domestic violence does not require people to be married.

Anyone can be a victim of domestic violence from their spouse, unmarried partner, other family members, current or former roommate, current or former household members, and possibly even other individuals. Domestic violence can be broader than you may think. Though VAWA stands for “Violence Against Women Act,” these remedies are available for men, women, and non-binary individuals.

Regardless of gender or sexual orientation, U.S. immigration law provides protections for victims of domestic and sexual violence.

Immigration options for Victims and Survivors of Domestic Violence

If any of the following have happened to you recently or even long ago in the past (even if unreported) it is worth speaking to an immigration attorney about your options:

• Someone has hit, punched or otherwise physically abused you.
• Someone says mean and hurtful things to you.
• Someone has thrown things at you or in your direction.
• Someone has become very angry, screamed, broken things, or done other acts that made you feel afraid of them.
• Someone has hurt someone else while you are watching and it made you feel afraid that they would hurt you too.
• Someone has forced you to work and taken the money that you earn.
• Someone has not given you basic needs for yourself or your family unless you followed their instructions.
• Someone has isolated you, cut you off from your family or friends, refused to let you have a phone, or otherwise stopped you from having a normal family or social life.
• Someone has threatened you or your children’s safety.
• You have been afraid to say no when someone asked you to perform sexual acts or labor around the house.
• Someone has forced you to perform sexual acts in a way that made you uncomfortable or afraid.
• Someone has given you an STI (sexually transmitted infection)
• Someone has blackmailed you.
• Someone has taken your hard-earned money and controlled your finances
• Someone you still love and care about has hurt you emotionally or physically (remember consultations are private and it’s okay to explore your options even if you do not want to report a crime).
• Someone has been cyberstalking or bullying you or tracking you in a jealous way
• Your roommate, or former household member, or a co-worker, or anyone else, has committed sexual violence or stalking against you or tried to force you into a relationship you didn’t want (or would not let you leave when you wanted)
• You can’t put your finger on it, but know somehow you were treated badly, even if it wasn’t a crime.

Depending on your circumstances and life history, one of these options may be available for you:

• T Visa for victims of Sex or Labor Trafficking
• U Visa for victims of crimes of domestic violence, stalking, felonious assault, and other crimes
• VAWA (Violence Against Women Act) Self-Petition

T Visa – for victims of Sex or Labor Trafficking

A T Visa is an immigration remedy for someone who is the victim of sex or labor trafficking, and domestic violence can sometimes rise to the level of trafficking. An intimate partner may be the same person who is trafficking their partner, such as acting as a pimp while pushing the victim into commercialized sex or prostitution. Sex or Labor trafficking can even happen within a marriage or other committed relationship where the victim is facing force, fraud, or coercion to stay and perform domestic labor and sexual services. Sexual harassment can even lead to a T Visa.

T visas are widely misunderstood. The definition of trafficking is broad, and there are special rules for people who were victimized when under the age of 18.

T visas cover lots of different types of exploitation – sexual, religious, economic, non-economic, labor, and more. They include smuggling turned trafficking cases, and they include “domestic violence” type cases.

USCIS has a T visa policy manual that may be helpful to read: https://www.uscis.gov/policy-manual/volume-3-part-b-chapter-2. Below is an excerpt from the USCIS policy manual on this topic:

Conditions of Servitude Induced by Domestic Violence (T visas for domestic violence victims)

Trafficking can occur alongside intimate partner abuse, and involuntary servitude and domestic violence may coexist in some situations. In determining whether threats of abuse (including physical violence, mental abuse, emotional abuse, sexual violence, intimidation, and controlling behavior in the home) create a condition of involuntary servitude that constitutes a severe form of trafficking in persons, officers should evaluate whether the situation involves compelled or coerced labor or services or forced sexual activity and is induced by force, fraud, or coercion.

While domestic violence and trafficking often intersect, not all work that occurs as the result of domestic abuse constitutes a condition of servitude. For example, in certain contexts, the unequal assignment of household tasks among household members may signal an abusive relationship, but it does not automatically constitute the creation of a condition of servitude.

Forced labor compelled by domestic violence occurs where the aim of the domestic violence is to force the victim to engage in labor that creates a condition of servitude.

We can consider how the abuser took steps to maintain the applicant in a condition of servitude, including recruitment, harboring, transportation, provision, obtaining, patronization, or solicitation. Where trafficking is accompanied and enforced by abuse, victims may act upon the trafficker’s demands for labor and services due to fear or coercion and may feel that they do not have their own liberty or self-determination.

The following non-exhaustive list outlines circumstances where the trafficker may control the victim’s liberty to create a condition of servitude:

• An expectation that the victim’s life fulfills the orders of the trafficker (such as a demand from the trafficker to perform domestic labor at an unreasonable level, including unreasonable working hours, and constant availability to labor regardless of health or energy);
• Lack of control over the victim’s own wages despite laboring under the trafficker’s demands; or
• The imposition of unequal living arrangements as part of the campaign of force, fraud, and coercion (for example, unequal sleeping arrangements, living arrangements, or access to nourishment).

If you have experienced any of the above circumstances or were a victim of domestic violence and treated like a servant, for example, being made to cook things to perfection, take care of excessive chores even when sick and tired, or sexually exploited, you may qualify for a T visa.

For additional information, visit the T Visa page.

U Visa – for victims of the crimes of domestic violence, stalking, felonious assault, and other crimes

A U Visa is a remedy for someone who has been the victim of certain crimes, including domestic violence and related crimes from anyone, including a spouse, boyfriend/girlfriend, or other intimate/domestic partner. The crime could have happened in the survivor-victim’s current relationship or in the past, as long as the survivor can fulfill the requirement of being willing to cooperate with law enforcement and the other U Visa requirements.

A U Visa might be an option where the level of abuse in the relationship does not rise to the level of sex or labor trafficking. Especially if you have ever had to call the police to protect yourself or your family from a violent partner, or if you have gone to court to get a protective order, it may be possible to get a U Visa. The U visa covers a variety of other crimes.

USCIS has a U visa policy manual that may be helpful to read:  https://www.uscis.gov/policy-manual/volume-3-part-c-chapter-2

For additional information, visit our U Visa page

VAWA Self-Petition

The Violence Against Women Act (VAWA), enacted in 1994, is a landmark piece of legislation designed to protect survivors of domestic violence, dating violence, sexual assault, and stalking by allowing them to self-petition for lawful permanent residency (Green Card) status without relying on their abusive U.S. citizen or LPR family member to sponsor them.

A VAWA Self-Petition allows the survivor to take control of their own immigration status and separate their status from their abuser.

In certain cases where a person may not qualify for permanent residency due to their immigration or criminal history, a person may use VAWA to get a work permit and deferred action. In other cases, people who thought they did not qualify for residency, end up qualifying through VAWA or another option, so a full consultation is important.

There is a USCIS Policy Manual on VAWA that may be helpful to read: https://www.uscis.gov/policy-manual/volume-3-part-d

Qualifying Relationship

Self-petitioners must demonstrate a qualifying relationship to an abusive U.S. citizen or LPR to be eligible for VAWA benefits. Self-petitioners who have a qualifying relationship include:

• An abused spouse of a U.S. citizen or LPR or a spouse of a U.S. citizen or LPR whose child was abused by the U.S. citizen or LPR (self-petitioning spouse);
• An abused child of a U.S. citizen or LPR (self-petitioning child); or
• An abused parent of a U.S. citizen son or daughter 21 years of age or older (self-petitioning parent).

Unlike for U and T Visas, VAWA does not require reporting the abuse to law enforcement.

VAWA for children abused by a US citizen parent or lawful permanent resident parent

The parent-child VAWA option is a provision under the U.S. immigration law that allows certain children who are abused by their U.S. citizen or lawful permanent resident (LPR) parent to self-petition for immigration benefits. This provision aims to protect children from abusive situations and provide them with a path to legal status in the United States.

To be eligible for the parent-child VAWA option, the child must meet certain requirements. Also, filing a case before the child’s 21st or 25th birthday may be required.

1. Qualifying Relationship: The child must be the biological child, stepchild, or adopted child of a U.S. citizen or LPR parent.
2. Abuse: The child must have been subjected to abuse by the U.S. citizen or LPR parent. Abuse can include physical violence, sexual assault, emotional abuse, or neglect. The definition of abuse is very broad. It does not require criminal charges. Sometimes a parent may have witnessed abuse against a child that the child does not remember. 
3. Residency: The child must have resided with the abusive parent at some point. However, residence for a child may also include any period of visitation. If self-petitioners are in the United States at the time they file the self-petition, the shared residence can have occurred either in or outside the United States.

If the petition is approved, the child and their eligible children may be eligible for immigration benefits, including lawful permanent resident (LPR) status, work authorization, and access to certain public benefits.

VAWA for parents who are victimized by their US citizen children

If your children have abused you emotionally or physically, or put you in danger somehow, even if it was never reported, please consult with an attorney about your options. This may fall under VAWA or another immigration category. We understand parents don’t want their children to get in trouble. Remember the consultation is confidential.

Resources for Victims of Domestic Violence

• If you or your family member is in imminent danger of death or injury, please call 911.
• The National Domestic Violence Hotline – https://www.thehotline.org – 1-800-799-7233 – Text “START” to 88788
  • The hotline can offer free, confidential information and support about a domestic violence situation for yourself or someone you care about.

• How to file a Protective Order in North Carolina – 
  • A protective order, sometimes called a DVPO, is a court order that requires an abuser to stay away from the victim of domestic violence. After a victim gets the order from the court, the police can arrest the abuser if they violate the order.
  • You do not have to be a U.S. Citizen to file a protective order.
  • Information from NC Courts on how to file a protective order: https://www.nccourts.gov/help-topics/domestic-violence/how-to-get-a-protection-order 
  • If you need help with a restraining or protective order, there are organizations that help with these. For example, a domestic violence shelter may have staff available to help; you can hire an attorney to help; and some people will file them on their own. If you are worried about your lack of immigration status please seek legal counsel, but if you are in imminent danger, you should immediately call 911.
  • Our law office does not handle restraining orders, but rather we handle the immigration side of cases where a person is a victim of abuse.

Reporting a crime is not required for a VAWA case. A restraining order is not required for VAWA.

Many family members do not want to file for VAWA because they believe it will turn into a criminal charge or become public information that they did this type of case. USCIS does not require any crime be reported for a VAWA petition. Also, USCIS must maintain confidentiality. VAWA cases are not publicly accessible. 

A restraining order is not required in a VAWA case either. If you have one, the attorney will want to see it. 

Similarly, even if you pressed charges in the past but were too scared to continue so they were dismissed, it’s okay to let the attorney know. Cooperation with law enforcement is not required for a VAWA case.

If there are details you are unsure of, let the legal team know during your screening process. Sometimes the law firm will gather records of criminal charges or public records to help with the VAWA case.

Here are a few more things to consider regarding VAWA:

A VAWA application requires a showing of battery (physically hurting the victim) or extreme cruelty. 

Extreme cruelty is a non-physical act of violence or threat of violence demonstrating a pattern or intent on the part of the U.S. citizen or LPR to attain compliance from or control over the self-petitioner. USCIS determines whether a self-petitioner has demonstrated extreme cruelty occurred on a case-by-case basis, and no single factor is conclusive.

Acts of extreme cruelty may include but are not limited to:

• Isolation;
• Humiliation;
• Degradation, use of guilt, minimizing, or blaming;
• Economic control;
• Coercion;
• Threatening to commit a violent act toward the self-petitioner (or the self-petitioner’s children);
• Acts intended to create fear, compliance, or submission by the self-petitioner;
• Controlling what self-petitioners do and who they see and talk to;
• Denying access to food, family, or medical treatment;
• Threats of deportation; and
• Threats to remove a child from the self-petitioner’s custody.

Battery or extreme cruelty may also include:

• • Any act or threatened act of violence, including forced detention, which results or threatens to result in physical or mental injury;
  • Psychological or sexual abuse or exploitation, including rape, molestation, incest, or forced prostitution;
  • Acts that may not initially appear violent but are a part of an overall pattern of violence;
  • Acts aimed at some other person or thing may be considered abuse if the acts were deliberately used to perpetrate extreme cruelty against the self-petitioner or the self-petitioner’s child;
  • Acts by a third party when the abusive U.S. citizen or LPR acquiesced to, condoned, or participated in the abuse; and

• Spousal abuse, if witnessed by the child of the victim, may be used as the basis for a self-petition by that child.

Everyone’s situation is unique. If something bad happened to you or a loved one and you need immigration status, or if something is currently happening to you that is scary or abusive, you should seek an immigration consultation. It is private and can provide peace of mind.