Relief for Victims of Domestic Violence at the Hands of U.S. Citizen or Lawful Permanent Resident Family Members

• Author: Elizabeth Anne Campbell; Rachel DeLia Settlage; Veronica Thronson
• Pages: 11-32

I. Introduction

Family-based immigration is the most highly utilized category of lawful

immigration to the United States.1 However, immigration law is structured

so that it is the U.S. citizen (USC) or lawful permanent resident (LPR) who

petitions for a family member, which can include spouses, children, and in

some cases, parents or siblings. The beneciaries of the family-based peti-

tions, the immigrants, cannot petition on their own for immigration status

based upon their family relationship. Thus, our immigration system puts

the control and power in family-based immigration cases in the hands of

the USC or LPR.

In an abusive relationship, a USC or LPR abuser can use this power

against his immigrant family member and to further his own abusive actions.

1. See D’  H S., 2012 Y  I S,

T 6, P O L P R S  T 

M C  A: F Y 2003  2012, http:// www .dhs .gov /

yearbook-immigration-statistics-2012-legal-permanent-residents.

11

Chapter 2

Relief for Victims of Domestic

Violence at the Hands of U.S.

Citizen or Lawful Permanent

Resident Family Members

Settlage_ImmRelief_20140717_09-11_Final.indd 11 7/17/14 9:12 AM

When an immigrant spouse is dependent on her abusive partner for immigra-

tion status, it makes that spouse all the more vulnerable and dependent on

the goodwill of her partner.2 The abuser not only has the power to decide

when and whether a family-based petition will be led, but also once it is

led, an abuser can withdraw that petition or refuse to follow through on

the full process. Abusers can also use the threat of deportation, including

of dependent children, as a means of control.

Immigrants who experience domestic violence are in a particularly vul-

nerable position. In addition to the physical and psychological effects of

the abuse, a battered immigrant may be isolated due to language barri-

ers, tight-knit communities, and cultural norms about family that prevent

her from seeking help.3 Even if a battered immigrant wants help, she may

be unaware of resources that might be available to her and may not even

know that domestic violence is a crime in the United States. Further, some

battered immigrants may fear or distrust the police or others because of

the conditions in their home country or because they fear that seeking help

will lead to their deportation.4

II. Self-Petitions Under the Violence Against Women

Act (VAWA) for Victims of Domestic Violence Seeking

Legal Status

In 1994, Congress recognized that domestic violence was a problem in the

United States and passed the Violence Against Women Act (VAWA) in order

to provide resources and safety for battered women and to address cultural

2. See 139 C. R. H10349-01 (Nov. 20, 1993) (statement of Rep. Slaughter),

1993 WL 479279; see also H.R. R. N. 103-395, at 26 (1993).

3. See H.R. R. N. 106-891, at 90 (2000).

4. See 146 C. R. H8086-02 (Sept. 26, 2000) (statement of Rep. Jackson-Lee),

2000 WL 1403825; see also Battered Immigrant Women Protection Act of 1999:

Hearing on H.R. 3083 Before the H. Subcomm. on Immigration and Claims of the

Comm. of the Judiciary, 106th Cong. (2000).

ChApter 212

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