by Jesse Young In the shadow of the American dream, a silent epidemic persists: undocumented men and women who face the heartbreaking reality of domestic violence within the borders of the United States. The National Domestic Violence Hotline estimates that more than 10 million people in the US. are physically abused by an intimate partner each year, nearly 20 people per minute. Of these victims, those without legal immigration status face an especially challenging dilemma. For these individuals, many of whom were lured to the United States by the promise of a better life, escaping an abusive situation often presents an impossible choice: remain with a partner who threatens to harm them, or risk deportation by fleeing to the authorities. Today on the Eagan blog, we will discuss what to do in this situation and how the fact of your immigration status does not have to affect your decision to escape an abusive situation. Last month, in honor of Domestic Violence Awareness Month in the United States, we discussed the VAWA self-petition, a path to legal status available to undocumented victims of psychological, financial, or physical abuse by a partner or children. A VAWA applicant can expect to receive their work permit within 6-8 months after filing their petition. While an undocumented victim of domestic violence should look to VAWA as a path to long-term empowerment, in extreme situations, they may not have to wait that long. When there is a threat of domestic violence, there are several steps we recommend to our clients to help them seek immediate relief:
Contact your local domestic violence hotline: The first step in leaving an abusive relationship should be to contact a local domestic helpline. Doing so is the best way to find out what resources, such as food banks and housing assistance, are available in your area. You can be sure that the person you speak with has helped many people in similar situations and can provide guidance on how to safely leave an abusive relationship. You can also be sure that you will NOT have to reveal your immigration status, nor report the abuse you are suffering to the police if you do not want to.
Not sure how to contact your local domestic violence hotline? Check the National Domestic Violence Hotline, a nationwide free service available in English and Spanish that will connect you with accessible crisis resources in your area.
Seek legal advice: An immigration lawyer, like those at Eagan Immigration, can help you navigate complicated legal issues, such as your options for adjusting your status without the help of your abusive spouse, or whether it serves your interests to report them to the police. Alternatively, you can contact a legal aid organization. The important thing is that you know your rights.
Gather important documents: Gather documents essentials such as ID, passports, birth certificates, and any relevant immigration documents, then make copies. You may not have access to them after leaving your abusive partner, and having to request replacements is likely to be costly and time-consuming.
Create a safety plan: If you are afraid that your spouse will become violent, then it is essential that you create a plan on what to do in case of an emergency, identifying safe places to go, emergency contacts, and, if applicable, a plan on what to do with your children. In Eagan, we have helped several of our clients create them. However, ideally a safety plan should be developed in coordination with a domestic violence counselor or advocate who can provide you with expert advice. The Domestic Violence Hotline (see above) should be able to put you in touch with one.
Notify trusted friends or family members: It can be difficult to reach out to someone to explain what you’re going through. However, abuse tends to thrive in isolation, so connecting with someone who can help you feel safe is an important step toward leaving an abusive situation. If this step still feels emotionally overwhelming, we recommend that you speak first with a domestic violence counselor. Once you’re ready to talk to a trusted friend or family member, tell them about your experience and then share your safety plan with them. Let them know what they can do to support you.
Secure finances: If possible, start saving money or set aside a small emergency fund. Also try to ensure that you have continuous access to your bank account. Depending on the details of your safety plan, some money may be needed for transportation, emergency housing, and other needs. If saving money is not possible because of your abusive partner, discuss your situation with a domestic violence counselor so that they can adjust your plan.
Document abuse: A “paper trail” of the abuse you have suffered will be useful in any future legal proceedings. For example, in Eagan we use evidence such as photos of injuries, police reports, hospital bills, and witness letters to strengthen our clients' VAWA cases. If it is safe to do so, you may also want to keep a journal to record incidents of abuse, including dates, times, and details.
Be prepared to talk to the police: You are not alone if you do not feel safe speaking with the police. However, it is important to be emotionally prepared for the possibility of interacting with the police, such as in a situation where you need to call 911 or file a restraining order. You should know in advance that if you are asked about your status, you have the right to remain silent or not answer. It is also a good idea to speak with a legal professional about your rights.
We hope that if you or a loved one is threatened by domestic violence, the steps above offer a measure of hope. You CAN find freedom regardless of your immigration status. The mission of Eagan Immigration is to empower immigrants to achieve legal status, safety, and peace of mind. To do this, our immigration lawyers employ every possible means to find paths to residency and citizenship for our clients.
Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.
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