Immigrant Battered Women's Project 

Battered immigrants who do not have legal immigration documents to reside in the United States face serious challenges to obtaining safety and freedom from abuse. These people suffer the terror of domestic violence made worse by language and cultural barriers. Immigrant battered victims are often unfamiliar with the American justice system, are fearful of police, and are powerless to counter the abuser's control over them. Life Span's Immigrant Battered Women's Project offers hope to these victims, and a real opportunity to improve their lives and the lives of their children.

Elena, who came to this country from Mexico, lived for years with her citizen husband despite his frequent beatings. Elena had met and began a relationship with her husband Jim while he was working in Mexico, and came to the U.S. to marry him when he was transferred back to Chicago. Once they lived here, Jim repeatedly promised to file immigration papers for Elena, but he kept putting it off. Once Elena got pregnant, Jim started hitting her. When their child was born, Jim told Elena she must obey him or he would have her deported. Jim told her that if she tried to leave him, he would prevent her from taking their baby with her. Elena, who spoke only Spanish and had no friends or family in Chicago, felt that she was at Jim's mercy. When Elena became pregnant again, Jim became more violent. He pushed her down the stairs, causing her to suffer a miscarriage. Although Elena was terrified that she would be forced to return to Mexico, leaving her daughter behind, she sought help at Life Span.

Life Span's Immigrant Battered Women's Project attorneys responded immediately. Both the paralegal and the attorney in this project speak Spanish, so they were able to communicate with Elena. To keep Elena and her baby safe, the attorney filed an Order of Protection case for her, providing her with protection from Jim's abuse. The Order of Protection gave Elena temporary custody of her daughter and prevented Jim from coming to their house. Elena was tremendously relieved to learn she is eligible to seek lawful immigration status under the Violence Against Women Act (VAWA). This federal law allows battered women married to abusers who are citizens or permanent residents to file immigration papers on their own behalf, and not depend on the abusive husband to petition for them.

Life Span attorneys began the lengthy and complicated process of preparing Elena's VAWA petition. The attorney will file the documents, assist Elena in the collection of evidence, and represent her in any immigration proceedings. Life Span's assistance gives Elena the freedom to end her relationship with Jim, knowing that she can stay in the United States legally and raise her daughter in the country of her birth. 

Under some circumstances, if the victim of domestic violence is not married to the abuser or if the abuser is not a lawful permanent resident or citizen, Life Span may assess eligibility for a U visa.  The U visa is a tool created by the victims of the Trafficking and Violence Prevention Act, enacted in October 2000 to assist law enforcement in the investigation and prosecution of crimes.  The U visa offers an opportunity for law enforcement to pursue criminal investigations and prosecutions with the cooperation of undocumented victims.  The U visa is available to noncitizens who (1) have suffered substantial physical or mental abuse resulting from a wide range of criminal activity, and (2) have been helpful, are being helpful, or are likely to be helpful with the investigation or prosecution of the crime.

Undocumented victims of domestic violence and sexual assault crimes in the United States often fear reporting abuse to the police, or following through with criminal charges because of their undocumented status.  In an abusive relationship particularly, the abuser may use this information to control the situation.  In Life Span’s Immigration Project, the attorney can petition for a U visa for individuals who are victims of domestic violence or sexual assault, who participate in the investigation and/or prosecution of the crime.  It all begins by calling the police and reporting the crime.

Alicia came to the United States without proper documentation in 1998.  She met Max shortly after she arrived in the United States and they started living together.  They had three children, but never married.  Throughout their relationship Max was violent and controlling.  For many years, Alicia feared calling the police to report the abuse she suffered; but one day he hurt her so badly she feared for her life.  Alicia called the police and when they arrived, Max had already left the home.  Alicia described what happened and answered all their questions.  Although the police were never able to find Max and arrest him, Alicia continued to cooperate with the police.  Alicia also obtained an order of protection against Max.  Although Max fled, he continued to call Alicia and threatened to have her deported because she called the police.  Alicia was afraid to report this violation of the order of protection for fear that she would be removed from the United States and separated from her three US citizen children.  She sought help at Life Span.

Because Alicia had been cooperative with law enforcement in their investigation of this crime, she was able to obtain a law enforcement certification (Form I-918B) indicating she was a victim of domestic violence and had been helpful in the investigation of the crime.  With this form, Alicia and her attorneys at Life Span were able to apply for a U visa.  Alicia received permission to live in the United States and employment authorization.  She no longer feared reporting violations of the Order of Protection and was able to start working in the United States so she could support herself and her three children without Max.

Our Immigration Project helps hundreds of women like Elena and Alicia each year seek lawful immigration status, ensuring that these clients can seek safety without fear of deportation.  To learn more about the Immigration Project or to refer someone, please call Life Span's Center for Legal Services and Advocacy at 312/408-1210.