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Can A Non-Citizen Victim Of Domestic Violence Seek Legal Immigration Status?

As a non-citizen victim of domestic violence, you can potentially qualify to legally remain in the country despite your relationship with your abuser. However, it is important that you apply for the right immigration status. If you are planning to seek the right to stay in the United States, here is what you need to know.  

What If Your Abuser Is an American Citizen?

If your abuser is an American citizen and you were planning to apply for a visa or green card, leaving him or her could impact whether or not your application can be approved. Fortunately, there are two possible ways that you can still leave your abuser and remain in the country.  

One method is to apply for a visa or green card under the Violence Against Women Act, or VAWA. The VAWA gives you the power to file a self-petition for legal status as long as you can prove there is a history of domestic violence between you and your abuser. The program is not limited to just women. If you are a man being victimized by your partner, you can also apply through the VAWA. 

Another method available to you is the U-visa. A U-visa is somewhat similar to the VAWA, but there is one significant difference. To qualify for the visa, you have to be a victim who is assisting law enforcement in prosecuting the perpetrator. In this instance, if you are helping to prosecute your abuser for domestic violence, you can apply for the U-visa.  

What If Your Abuser Is Not an American Citizen?

In the event that your abuser is not an American citizen, where the abuse took place dictates what method you can use to apply for the legal right to remain in the country. If the abuse occurred outside of the country, you have to apply for asylum.  

To seek asylum, you have to prove that the abuse was the result of your race, religion, nationality, or political opinions. For instance, if your abuser committed acts of violence against you because of your Islamic beliefs, you could seek asylum in the United States. In this instance, the abuse would be seen as religious persecution.  

If the abuse while you were in the United States though, you will need to apply for a U-visa. You will have likely file charges against your abuser to have the application approved.  

To further explore your options and determine if there are other methods you can use to stay in the country, consult with an immigration attorney from a place like the Law Office of Daniel Smith.