Legal and Immigration Rights

As an immigrant in the United States, you may be unaware of the country's laws and may be afraid to report your case. Most immigrants who come to the United States as dependents are on H-4 or F-2 status. In fear of losing their visa status they may choose to remain in an abusive relationship. Domestic and sexual abuse is illegal in the United States and all victims regardless of race, color, religion, sex, age, ethnicity, national origin or immigration status are guaranteed protection from abuse under the law.

Several legal and immigration options are available to victims of abuse. 

+ Call 9-1-1

Under U.S. law, any crime victim, regardless of immigration or citizenship status, can call the police for help. The police may arrest your fiancé(e), spouse, partner, or another person if they believe that person has committed a crime. You should tell the police about any abuse that has occurred, even in the past, and show any injuries.

The police cannot necessarily find you safe haven and may sometimes not be aware of options. It is important to research this before you report an incident to the police. Please check our ‘Resources’ page for help.

+ Call the National Domestic Violence Hotline

The national telephone number or “hotline” below has operators trained to help victims 24-hours a day free of charge. Interpreters are available and these numbers can connect you with other free services for victims in your local area, including emergency housing, medical care, counseling and legal advice. If you cannot afford to pay a lawyer you may qualify for a free or low-cost legal aid program for immigrant crime or domestic violence victims.

1-800-799-SAFE (1-800-799-7233) 1-800-787-3224 (TTY)

+ Obtain a Protective Order

A PPO is a court order to stop another person from making threats or committing violence against you. You may get a domestic PPO if you want protection from:

  • your spouse or former spouse
  • someone with whom you have a child in common
  • someone you are dating or dated in the past
  • someone who lives now, or has ever lived, in the same household with you. You must show the court that this person is interfering with your personal freedom or has threatened or committed violence against you

Applications for protection orders are available at most courthouses, police stations, women’s shelters and legal service offices. Fill the form as per the instructions mentioned therein and hand over the form to the court clerk.

If you are afraid of immediate injury or that you will be harmed if you have to wait for a hearing on the PPO, check the box that says “ex parte" (this means the hearing will occur without the presence of the abusive partner)

More information can be found here.

Note: If you are unable to file a PPO yourself, consult a lawyer for assistance.

+ Obtain legal separation or divorce

You have the right to share certain marital property. In cases of divorce, the court will divide any property or financial assets you and your spouse have together.

You have the right to ask for custody of your child(ren) and financial support. Parents of children under the age of 21 often are required to pay child support for any child not living with them.

More information can be found here

Note:

  • Consult a family lawyer for further assistance.
  • You must seek an independent immigration status in order to continue a valid stay in the United States, otherwise a divorce may lead to loss of the status, thereby leading to potential deportation. Refer above for the immigration options available to you.

+ Access to immigration documents

You can file a FOIA/PA request with USCIS.

You will need your immigration documents if you are seeking counsel or filing for a divorce. Since only the H-1 visa holder has easy access to all your H-4 documents you probably need his/her consent if you need to receive them. If your spouse refuses to give consent, you can file a Freedom of information Act/Privacy Act request. You can also have someone else file one on your behalf as long as you provide a notarized signature.

More information can be found here.

+ Alternative visa options

Separation from your spouse does not necessarily mean that you have to leave the country due to an illegal status. There are immigration options available.

+ Working on a dependent visa

As a dependent immigrant to the US, you usually will not be able to work. If your spouse is an H1B holder, for instance, you will be on an H4 visa. The H4 visa places limitations on your ability to work. Only if your spouse has an approved I-140 (petition for permanent residency) and applies for an employment authorization for you will you obtain the right to apply for a job and work. If your spouse already has a green card then you will also obtain it along with the right to work. Please be advised that currently, going from I-140 petition application to green card approval is 10-12 years for Indian citizens who apply in the category of EB-2.

There has been contention on the EAD (employment authorization) for dependent immigrants and proceedings are ongoing to get rid of it.