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Immigration Law

Can I call the police if I am being abused and do not know my immigration status?
Will immigration authorities be called if I call the police?
Will my husband/partner be deported if I call the police?
If I am in danger, should I leave my home?
Can I get an Order of Protection/Restraining Order even though I am not a U.S. citizen or legal resident?
What can I do if my partner is threatening to take my children away?
How can I support myself and my children if I leave my husband?
Will my husband/partner be deported if I contact a shelter, lawyer, or domestic violence agency?
How can I speak to an immigration attorney if I cannot afford one?
How can I get lawful permanent residency without my spouse's help?
What is VAWA?
What is a U-visa?
What is the difference between immigrant and non-immigrant visas?
Are there other legal options for immigration relief?

Can I call the police if I am being abused and do not know my immigration status?

You can call 911 in case of emergency. Domestic violence is a crime regardless of your legal status. You have the legal right to keep your immigration status private. You do not have to tell the police or a shelter what your immigration status is.

For a list of local police stations in NYC please go to: www.nyc.gov/html/nypd/html/phone.html.

Will immigration authorities be called if I call the police?

The police are not supposed to turn you over to Citizenship Immigration Services if you are calling to report domestic violence. However, you may want to contact a DV organization in your area first. To find out how the police in your area may handle domestic violence calls, please contact a local anti-domestic violence organization.

Will my husband/partner be deported if I call the police?

If your partner is convicted of crime, s/he may be deported, depending on the immigration status and the seriousness of the crime.

If I am in danger, should I leave my home?

The safety of you and your children should be your top priority. If you are in danger, you may want to go to a friend’s house or to a shelter. Shelters are usually free and will have information about other service organizations. Keep your location secret if you are staying in a shelter or with a friend or family member.

Please see our section on safety planning, click here.

Can I get an Order of Protection/Restraining Order even though I am not a U.S. citizen or legal resident?

Yes. You do not need to be a U.S citizen or legal resident to get an order of protection/restraining order. The procedure to obtain an order of protection/restraining order is different in each state. You can find information about applying for these orders in the different states at www.womenslaw.org. You may want to ask your attorney, shelter worker, and/or domestic violence organization about the specific policies of the courts in your area.

What can I do if my partner is threatening to take my children away?

You can apply for a child custody order in Family Court at any time to prevent your husband/spouse/partner from taking away your children. You do not need to be separated or divorced to apply for child custody. Custody is based on state law.

Things you can do:

• Contact a family lawyer or anti-domestic violence organization to find out how to file for a custody order;
• File for child custody. Do keep in mind that when you file for custody, visitation rights often become an issue;
• Make sure you have recent photos and birth certificates of the children; and,
• Give a copy of the order to the children’s schools and tell the schools not to allow the children to leave with anyone but you.

How can I support myself and my children if I leave my husband?

There are organizations that can help you figure out how you can support yourself if you leave. For a list of South Asian anti-domestic violence organizations, please click here.

You may be able to collect child support from the father of your children. Some married women also may be eligible to receive spousal support or alimony. If you are a U.S. citizen or a permanent resident, you are allowed to work. If you have a different immigration status or are in the process of getting your permanent residency, you should apply for your work permit. If you meet certain conditions, you may also apply for public benefits to help you manage on a temporary basis. Click here to find out if you are eligible.

Will my husband/partner be deported if I contact a shelter, lawyer, or domestic violence agency?

It is unlikely that your husband/spouse will be deported if you seek assistance from a lawyer, shelter, or domestic violence organization.

How can I speak to an immigration attorney if I cannot afford one?

If you cannot afford to pay for an attorney, you may qualify for free or low-cost legal aid. Click here for a list of legal service providers in NYC. Contact your nearest legal services office or immigration organization for more assistance.

In most states Catholic Charities will provide you with legal assistance relating to immigration. To find Catholic Charities on line please go to: www.catholiccharitiesinfo.org/states/ and search for information in your state.

How can I get lawful permanent residency without my spouse’s help?

You may be able to apply for legal permanent residency depending on your individual case scenario through:

• VAWA - The Violence Against Women Act is a federal law that allows you to ask for lawful permanent residency without the help of your spouse; and,
• U-Visa - This is a visa category that may provide another way to get lawful permanent residency. (See section below for more information.)

What is VAWA?

Self-petitioning through VAWA. You can "self-petition" for lawful permanent residency for yourself and your children if you are married to a U.S. citizen or to a lawful permanent resident. "Self-petition" means you can ask for it by yourself, without your spouse's help, but you do need a lawyer to help you.

Cancellation of removal through VAWA. If you are married to a U.S. citizen or to a lawful permanent resident and have been in the U.S. for at least three years, you can ask for your deportation to be suspended and for lawful permanent residency without the help of your spouse. If you are at risk of being deported, please talk to an immigration expert about this option.

To learn more, please go to www.womenslaw.org/immigrantsVAWA.htm or www.uscis.gov.

What is a U-visa?

Under a U-visa, you can obtain a temporary visa if you have suffered physical or mental injury from a crime, and you have been, are, or will be helpful in the investigation or prosecution of that crime. To qualify for this visa, you must participate in a criminal investigation or prosecution. Officially, "U non-immigrant, humanitarian, material witness visas" include a provision so that you can get lawful permanent residency after 3 years. This is available even if you have never been married to your abuser or if your abuser is not a U.S. citizen or lawful permanent resident.

To learn more please go to www.womenslaw.org/immigrantsUvisa.htm#35.

What is the difference between immigrant and non-immigrant visas?

There are two types of visas: immigrant and non-immigrant. Non-immigrant visas are primarily issued to tourists and temporary business visitors. Immigrant visas permit their holders to stay in the United States permanently and ultimately to apply for citizenship. An alien who has an immigrant visa is permitted to work in the United States.

Are there other legal options for immigration relief?

The following immigration options may be available in certain situations:

• Asylum is a form of protection that allows individuals who are in the United States to remain here, provided that they meet the definition of a refugee and are not barred from either applying for or being granted asylum. Asylees may eventually adjust their status to lawful permanent resident. For the legal definition of a refugee, please click here;
• Special immigrant juvenile LPR status (SIJS) for undocumented children found to be dependent on a juvenile court;
• Non-immigrant visas for victims of severe forms of trafficking in persons. It includes a provision for adjustment to lawful permanent residency after 3 years; and,
• For abused conditional permanent residents [based upon I-130 filed by spouse], INS § 216 waiver of requirement of joint petition to remove the condition.

The options listed above are complicated, but they might be helpful for your situation. If you are interested in any of these, please talk to an immigration expert. If you would like to see a list of South Asian anti-domestic violence organizations you can contact for information and/or referrals, please click here.