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Information for Immigrant and Refugee Women

Violence Against Women Home > Resources by Groups > Information for Immigrant and Refugee Women

If you're an immigrant or refugee, you face some unique challenges. Keep in mind, no one deserves to be abused. Even if you are undocumented, you can get help. Call the National Domestic Violence hotline at 1-800-799-SAFE or TDD 1-800-787-3224 for information on services in your area. Read on for more information about what you can do to protect yourself and your children.

Leaving Your Partner

If you decide to leave your partner, go to a safe place such as a friend or family member's house or to a local domestic violence shelter. Make sure it is a place where your partner won't be able to find you. Shelters are usually free and can help you get back on your feet. Shelters are required by law to provide services to all women, regardless of immigration status.

Court Order of Protection

If you're being abused, you can get a court order of protection to protect yourself and your children.

A court order of protection can:

• order the abuser not to have any contact with you and your children
• order the abuser to move out of your home and give you use of the car
• order the abuser to pay child support, spousal support, or continue your insurance coverage

You can get an application for a court order of protection at courthouses, women's shelters, legal offices, and some police stations.

If an order is issued and the abuser does anything listed on the order, call the police right away. The police can arrest him and put him in jail for violating the order.

You don't have to be a U.S. citizen or legal resident to get a protection order. You don't have to have a lawyer to get a protection order. Still, if you're not a legal citizen or if you're unsure of your rights, you may want to talk to a lawyer to find out the policy of the courts in your area.

Your local domestic violence agency can help you make a plan to protect yourself and your children. Often, they can help you find a lawyer. There are lawyers who will help you at no charge.

Protecting Your Children

Your partner may threaten to take your children away if you leave. Here's what you can do to protect your children:

• Get a custody order. A custody order is a legal order that states which parent children are to live with. It may include an order stating that your partner is not allowed to take your children out of the U.S.

  When you have the custody order:

  1. Give your children's school a copy of the order and tell them not to release the children to anyone but you.
  2. If your children were born in the U.S., they are U.S. citizens. If this is the case, send a copy of the custody order to the embassy in your partner's home country and a copy to the U.S. Department of State. This will alert them not to issue passports or visas for your children.

• Keep important items handy. Make sure you have recent pictures of your children, their passports, and birth certificates.

• Compile contact information. If you can, make a list of your partner's family and friends in their home country, including their addresses and phone numbers.

You may be able to get child support from your partner. A lawyer can help you with this. Ask your local domestic violence shelter for help finding a lawyer.

Deportation Concerns

If you're a U.S. citizen, legal resident, or have a valid visa, you can't be deported unless it is found that you used fake documents to enter the country, violated the conditions of your visa, or committed certain crimes.

If you're undocumented or are not sure about your immigration status, you should talk to an immigration lawyer. Your local domestic violence shelter can help you find an immigration lawyer. There are lawyers who will help you at no charge.

Becoming Legal

If you're married to a U.S. citizen or lawful permanent resident, there are ways to get residency without your partner knowing. You should talk to an immigration lawyer before taking the steps listed below. Your local domestic violence shelter can help you find a lawyer. There are lawyers who will help you at no charge.

1. Self-petitioning — If you meet certain criteria, you can apply for legal permanent residency for yourself and your children. Your partner will not know that you are applying.

2. Cancellation of Removal — If you meet certain criteria, are now in deportation proceedings (being deported), and are a victim of domestic abuse, you may be able to have your deportation cancelled and become a permanent resident.

Talk to an immigration lawyer to find out more about these and other options.

Additional Information on Immigrant and Refugee Women:

Publications

1.   Access to HHS Funded Services for Immigrant Survivors of Domestic Violence - This fact sheet is intended to provide guidance to health and social service agencies and community-based organizations about eligibility for the various programs and services funded by Department of Health and Human Services (HHS).

   http://www.hhs.gov/ocr/immigration/bifsltr.html

2.   How Do I Apply for Immigration Benefits as a Battered Spouse or Child? - This publication, from the U.S. Citizenship and Immigration Services, outlines the steps that a battered victim can take in applying for immigration benefits. It outlines who is eligible, the process for applying, and frequently asked questions regarding immigrant rights in the United States.

   http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/...

3. Basic Questions & Answers for Non-citizen Survivors of Domestic Violence (Copyright @ WomensLaw.org) - This publication is a question and answer sheet for non-citizen survivors of domestic violence. It gives answers to questions regarding places to go for help, implications of being an immigrant victim, victim's rights, and various other topics.

   http://www.womenslaw.org/laws_state_type.php?id=10269&state_code=US&open_...

4. Battered Immigrant Women Toolbox (Copyright © FVPF) - This toolkit provides publications to help prevent domestic violence among immigrant women. Whether you are a friend, neighbor, co-worker or advocate, you can be a vital link in the movement to end abuse by providing the appropriate information and resources for an immigrant woman in need.

   http://www.endabuse.org/programs/display.php3?DocID=9927

5. Deaf, Deaf-Blind and Hard of Hearing Outreach (Copyrights © NDVH) - This fact sheet is produce by the National Domestic Violence Hotline. It discusses what deaf women can do if they are in an abusive situation.

   http://www.ndvh.org/help/deaf.html

Organizations

1.   U.S. Citizenship and Immigration Services, INS, DHS
2. Family Violence Prevention Fund
3. National Crime Prevention Council
4. National Network to End Violence Against Immigrant Women
5. Women's Justice Center/Centro de Justicia para Mujeres

= Indicates Federal Resources

Content last updated September 1, 2007.