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Legal protections available

The documents included in this section provide information about legal provisions, mainly Violence Against Women Act (VAWA), immigration laws, and international laws, that are available for immigration women who experience domestic violence. Some of the documents in this section may be dated, since laws and regulations tend to change. Please visit ASISTA, Legal Momentum, National Network to End Violence Against Immigrant Women, and Family Violence Prevention Fund for current resources.

Table of Contents

Violence Against Women Act (VAWA)
The Violence Against Women Act of 1994, 2000, and its 2005 reauthorization recognize the predicament of immigrant survivors of domestic violence and offer them protection and assistance. The VAWA 1994 was the first federal legislation in the U.S. to make provision to protect immigrant women from domestic violence. The VAWA 1994 allows immigrant women married to citizens or permanent residents to self-petition for immigrant status. The VAWA 1994 also includes provision for all legal service organizations to assist victims of domestic violence, sexual assault, and trafficking regardless of the victims’ immigration status. The VAWA 2000 and its 2005 reauthorization made amendments to ease VAWA requirements and expanded services to include a broader category of immigrant women and children who previously did not qualify for VAWA. The documents presented in this section are listed in chronological order and may be dated in some instances.
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  • Offering a Helping Hand: Legal Protections for Battered Immigrant Women, A History of Legislative Responses PDF (60 p.) by Leslye E. Orloff & Janice v. Kaguyutan, American University Journal of Gender, Social Policy & the Law (2001)
    This article presents an overview of the history of legal protections for immigrant women who experience domestic violence in the United States, noting legal amendments since 1990 that reflect an increased understanding of the danger of domestic violence. [More Info]
  • The Violence Against Women Act Now Ensures Legal Services for Immigrant Victims PDF (5 p.) by Amanda Baran, Legal Momentum, Immigrant Women Program (2007)
    This article provides information about the 2005 VAWA reauthorization, which expanded legal services to all immigrant survivors of domestic violence, including women in non-marital relationships, same-sex partnerships, and non-intimate relationships. [More Info]
  • The Violence Against Women Act: Remedies for Immigrant Victims of Domestic Violence PDF (12 p.) by Amy Gottlieb, American Friends Service Committee Immigrant Rights Program (April 2004)
    This document emphasizes the need for attorneys to understand the special needs of immigrant women who have been abused and outlines various legal issues concerning immigrant women and domestic violence. [More Info]
  • The Violence Against Women Act of 1994 and 2000: Immigration Protections for Battered Immigrants PDF (5 p.) by Janice Kaguyutan, Leslye Orloff & Negar Ashtari, Domestic Violence Report, Legal Momentum (February/March 2001)
    This article presents information about the VAWA 1994 and its provision. The article then proceeds to explain that VAWA 2000 was enacted to address the limitations of VAWA 1994 and presents information about VAWA 2000 provisions. [More Info]

U visa
The VAWA 2000 created U visa, which is a non-immigrant visa for victims of certain crimes, including domestic violence. This visa allows victims to reside legally in the U.S. while cooperating with law enforcement to prosecute offenders and prevent these crimes.
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  • An Introduction to U Visas PDF (3 p.) by National Network to End Violence Against Immigrant Women
    This document provides information about U visa, its importance, its eligibility, duration of this visa, and application process. [More Info]
  • U Visas: Immigration Relief for Victims of Certain Crimes, Frequently Asked Questions HTML (5 p.) DOC (6 p.) by Immigrant Legal Resource Center/ASISTA
    This fact sheet provides brief answers to frequently asked questions about the U Visa, created by the Victims of Trafficking and Violence Prevention Act of 2000. [More Info]
  • U Visa Interim Regulations Fact Sheet and Guidance PDF (7 p.) by National Network to End Violence Against Immigrant Women (2007)
    This document presents information about U visa requirements. [More Info]
  • U Visa for Domestic Violence Crimes PDF (1 p.) by Northwest Immigrant Rights Project
    This brief provides general information about the process of applying for U visa. [More Info]
  • Winning U Visas: Getting the Law Enforcement Certification PDF (13 p.) by Gail Pendleton, ASISTA (February 2008)
    This paper describes the requirements for U visas and emphasizes the need for practitioners to establish a good working relationship with law enforcement officers and help build trust between immigrant survivors and the law enforcement system. [More Info]
  • Overcoming Inadmissibility for U Visa applicants DOC (5 p.) by Gail Pendleton, ASISTA
    This paper provides information and strategies for applying for U visa application waivers. [More Info]

Immigration laws
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  • Battered Spouses and Children Confidentiality Fact Sheet PDF (2 p.) by Ayuda Inc., Legal Momentum, Immigrant Women Program
    This pamphlet presents information about two confidentiality provisions in the current immigration law for immigrant women and children who are battered. [More Info]

International laws
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  • Meeting International Human Rights Obligations to Offer Effective Remedies PDF (11 p.) by Leslye E. Orloff, Legal Momentum, Immigrant Women Program
    This paper recommends the use of international laws and human rights conventions when a country’s laws are silent or ambiguous about whether relief can be awarded in civil and criminal court to women and children who are being abused. [More Info]
  • Adult Domestic Violence in Cases of International Parental Child Abduction PDF (24 p.) by Sudha Shetty and Jeffrey L. Edleson, The Hague Domestic Violence Project (2005)
    This paper discusses the Hague Convention on the Civil Aspects of International Child Abduction and its affect on battered mothers and their children who are seeking safety in the United States. [More Info]
 October 25 2004 11:23 AM
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