Domestic Violence and Immigration
Domestic Violence and Immigration
Colorado Immigration Lawyer for VAWA Petitions and U Visas
Denver immigration attorney Elsa Burchinow helps immigrants who need to separate their immigration status from their abusive partners. If you are a victim of domestic violence seeking legal immigration status, contact us online or call 720.434.1597 now for a free consultation.
Just because you are an immigrant does not mean you have to submit to domestic violence. Every person in the United States has the right to live free from violence, whether they are citizens, permanent residents, or individuals without immigration status. If you are staying in an abusive relationship because you are afraid you’ll lose your legal immigration status, you can petition the United States to separate your immigration status from that of the abusive spouse or boyfriend — even if the abuser is not a U.S. citizen.
Violence Against Women Act (VAWA) Petitions: Fighting Domestic Violence in Immigrant Families
VAWA protects women, men and children who would otherwise stay in abusive marriages with U.S. citizens or permanent residents to save their immigration status. If you are worried your marriage-based visa won’t be approved if you leave a domestic violence situation, a VAWA petition is a reasonable alternative. If your VAWA petition is approved, then you will not need the marriage status to get your green card. If deportation proceedings have already begun against you because you left a domestic violence relationship, you may be able to use a VAWA petition to get the deportation proceedings cancelled.
Unfortunately, despite their noble purpose, VAWA petition requirements are strict. If the VAWA petition is incomplete or not persuasive, the possible consequence is deportation. For this reason, it is important to seek legal advice as early as possible if you are an immigrant victim of domestic violence.
Domestic Violence by Non-Citizens Against Non-Citizens
Even if the abuser is not a U.S. citizen or permanent resident, immigration law still provides protection to immigrants in abusive relationships. When the abuser is not a citizen or permanent resident, the domestic violence victim may apply for a U visa — to separate her immigration status from the abuser’s. A U visa application requires the domestic violence victim to cooperate fully with law enforcement investigations into criminal charges against the abuser.
