Domestic violence: help for immigrant survivors

Step 1 — Know the signs of abuse

Domestic violence is a pattern of behavior that one partner uses to gain or keep power and control over the other. It can be physical, sexual, emotional, economic, psychological or technological, and it includes threats (OVW).

Some of the warning signs the Hotline lists:

• shaming you, or keeping you away from friends and family (The Hotline — Warning Signs);
• stopping you from making your own decisions, including about work or school (The Hotline — Warning Signs);
• controlling the household money, taking your money or refusing money for things you need (The Hotline — Warning Signs);
• threatening to harm or take away your children or pets (The Hotline — Warning Signs).

The Hotline says that even one or two of these behaviors is a red flag (The Hotline — Warning Signs).

Money can be used to control you. An abusive partner may control your finances, or your ability to support yourself through a job or public assistance (The Hotline — Financial Abuse).

So can immigration papers. USCIS says some U.S. citizens and permanent residents who file a family petition for a relative may misuse the process, threatening to hold back or withdraw the petition in order to control, coerce and intimidate that relative (USCIS — Abused Spouses, Children and Parents). USCIS also says traffickers and abusers often use a victim’s lack of immigration status to exploit and control them (USCIS — Victims of Crimes).

Federal and state law in the United States treats domestic violence as a crime and recognizes all victims, regardless of national origin or immigration or citizenship status (U.S. Department of State).

Step 2 — Protect your privacy on your devices

Before you search for help, think about who can see your devices. The Hotline explains:

• Your computer and cell phone use can be monitored without you knowing it (The Hotline — Internet Safety).
• Your browsing history can never be completely erased, even in “private” or “incognito” mode (The Hotline — Internet Safety). That includes your visit to this page.
• Safer computers can be found at places like a public library, a shelter or your workplace (The Hotline — Internet Safety).
• Cell phones can be used to track your location, and GPS trackers can be placed in a car or on items like a purse or a phone. If you’re worried someone is secretly monitoring your phone, the Hotline suggests having it checked for spyware at a cell phone service center (The Hotline — Internet Safety).

If you’re worried that your internet use is watched, the Hotline suggests calling 1-800-799-SAFE (7233) instead. On its website, pressing the Escape key twice leaves the site quickly (The Hotline).

Step 3 — Talk to an advocate

The Hotline is a nonprofit organization (U.S. Department of State). Its advocates offer support, crisis intervention and referrals to resources near you or nationwide (The Hotline — What to Expect). They can talk through your situation, 24/7, and help you make a safety plan that fits it (The Hotline — Safety Planning).

• Your language: tell the advocate which language you prefer, and they can bring an interpreter onto the call (The Hotline — What to Expect). The website is also available in Spanish.
• Deaf or hard of hearing: The Deaf Hotline videophone is 1-855-812-1001 (The Hotline). USCIS also lists a TTY number for the Hotline: 1-800-787-3224 (USCIS).
• Good to know: waits for a live advocate may be longer because of high demand (The Hotline). The Hotline does not give cash or vouchers, but it can connect you with community resources that may help (The Hotline — What to Expect).

Step 4 — Find local help near you

• Local programs: the Hotline’s directory of local providers lists programs that offer emergency shelter, help with the legal system, counseling and other support (The Hotline — Local Resources).
• Your state’s coalition: the Department of Justice’s Office on Violence Against Women (OVW) lists domestic violence coalitions by state and territory, and says they can connect survivors with local service providers (OVW — Resources).
• Help does not depend on papers: more than 10,000 U.S. organizations and agencies support victims of crime, including domestic violence, regardless of immigration status, with services that may include counseling, interpretation, safety planning, confidential shelters and legal help (U.S. Department of State).
• Food, housing and other basic needs: dial 211. Calls are confidential and can be anonymous (211).
• Forced work or forced sex: this may be human trafficking. Our guide on who to call has the National Human Trafficking Hotline and other helplines.

Step 5 — Learn about protections in immigration law

U.S. immigration law has some protections for survivors. This is only a short overview: whether any of them fits you is a question for an authorized legal helper.

• VAWA self-petition: under the Violence Against Women Act (VAWA), certain spouses and children of U.S. citizens or permanent residents, and certain parents of U.S. citizens who are 21 or older, who were abused by that relative can file an immigration petition for themselves, without the abuser’s knowledge, consent or participation (USCIS — Abused Spouses, Children and Parents).
• U visa: for victims of certain qualifying crimes, including domestic violence, sexual assault and human trafficking (USCIS — Victims of Crimes).
• T visa: for victims of a severe form of trafficking in persons (USCIS — Victims of Crimes).

Confidentiality. A federal law, 8 U.S.C. 1367, protects information about people who apply for VAWA, T or U protection: with limited exceptions, the Department of Homeland Security may not disclose it (USCIS Policy Manual). Congress created these protections so that abusers and criminals cannot use the immigration system against their victims (USCIS Policy Manual). Applicants who don’t feel safe getting USCIS mail at home can give a “safe address” (USCIS — U visa; USCIS — T visa).

For questions about your own case, talk to an attorney or an accredited representative of a Department of Justice–recognized organization: USCIS says only they (or law students and graduates they supervise) are authorized to represent you on immigration matters before USCIS (USCIS — Avoid Scams). Our guide to free immigration legal help shows where to find them.

Step 6 — Ask about a protection order

Survivors can ask a court for a protection order, and also for child custody, divorce or child support orders (U.S. Department of State). These orders come from the courts of the state where you are, so their name and the steps depend on where you live. In California, for example, the courts call it a “domestic violence restraining order,” and say there is no court fee to ask for one and you don’t need a lawyer (California Courts).

To learn how it works where you live, ask a local domestic violence program, which can help with the legal system (The Hotline — Local Resources), or a legal aid office (see free legal aid, including the rules for non-citizens). Also ask about privacy: some court systems publish records online, which could include names or addresses (The Hotline — Internet Safety).

Step 7 — Know about help for crime victims

Every state has a crime victim compensation program. It pays back victims for some costs caused by a crime, such as medical bills, counseling and lost wages (OVC — Victim Compensation). The Office for Victims of Crime (OVC), part of the Department of Justice, funds these programs, and each state decides who qualifies (OVC — Victim Compensation). OVC’s Help in Your State map lists the compensation and victim assistance programs for each state (OVC).

For a referral to a victim assistance program near you, call or text the VictimConnect helpline at 1-855-484-2846, or chat online (OVC — Victim Compensation).