This factsheet provides basic information on various immigration remedies available to victims of domestic violence and/or certain other crimes, including sexual abuse, child abuse or human trafficking.
This factsheet covers:
- A general overview of American legal immigration concepts and definition of terms
- A general description of how people obtain legal status in the U.S. and how deportation or removal fits into the process
- How marriage and divorce are related to immigration status
- Specific protections in immigration law for victims of domestic violence, sexual assault, or stalking
- How advocates can help victims in the immigration process
The information conveyed in this factsheet is intended only to assist in exploring options with non-citizen immigrants, and is not a substitute for individual advice from an experienced attorney.
Advisory Revised Oct 2018: How Will ‘Public Charge’ Proposed Policy Changes Impact Immigrant Survivors of Domestic Violence and Sexual Assault?
The Department of Homeland Security (DHS) is planning to propose regulations that discard longstanding policy about the meaning and application of the “public charge” provisions of immigration law. Proposed policies will have a significant detrimental impact on survivors of domestic violence and sexual assault by deterring immigrant families, including those with U.S.-citizen children, from seeking help when they need it. Safety net benefits can help victims recover and escape from abuse and play a significant role in preventing future harm.
We need policies that ensure that all workers, whether they are employees or contractors, have access to safety and justice in the workplace.
We must strengthen our resolve to make sure that our community response to domestic violence is truly relevant to all survivors.
Why increased entanglement between immigration and state/local law enforcement would undermine protections for immigrant survivors of domestic violence and sexual assault.