"Maria" is a developmentally delayed South American woman who came to the United States illegally with her two cousins. Maria met "Jose," an American citizen, at a party and married him one year later. They have two children, 4 and 2 years old. In the course of the marriage, Jose became very physically and mentally abusive to Maria. He would constantly threaten to report her to the INS and take their children if she did not do what he said. Due to Maria's illegal status she is unable to easily find employment and does not qualify for benefits. Maria felt she had no choice but to stay in the relationship.

Abused Women, Children Can Petition for Permanent Residency
This is the case of thousands of women and children who are illegally in the United States, but fortunately options now exist to help them. As per the Violence Against Women Act, the persons who may self-petition for permanent residency include:

• abused spouses or children of citizens or legal permanent residents,
• abused spouses of citizens and legal permanent residents and their children even if the children are not related to the citizen/legal permanent resident,
• non-abused spouses who are parents of abused children of citizens or legal permanent residents.

The abused spouse must also show the following:

• three years of good moral character,
• the marriage was entered in good faith,
• during the marriage she and/or her children were battered or the subject of extreme cruelty including any act or threatened act of violence which results in physical or mental injury,
• residency in the United States both currently and at the time of the abuse (there is no minimum),
• deportation would result in extreme hardship.

Welfare Reform

What can an abused spouse do financially while she waits for her petition to go through? The Personal Responsibility and Work Opportunity Act of 1996 (welfare reform act) also provides illegal immigrants with financial assistance. An abused illegal immigrant can be considered as a "qualified alien" as long as she has a petition pending for citizenship or residency. She and her children may receive all public assistance grants and any other services. However, the woman will not qualify if she is still living with the abuser.

Deportation

If a woman who is scheduled to be deported reports the abuse, the deportation process will be stopped. Under the Illegal Immigration Reform and Immigration Responsibility Act of 1996, any immigrant abusers who are convicted of domestic violence or stalking can be deported.

If any one has experienced domestic violence in any form, there is help out there. The following hotline numbers are free and available 24 hours a day, seven days a week.

Residents of New York state can contact (800) 942-6906 (English), (800) 942-6908 (Spanish), or (518) 482-4934 (TTY - only available Monday - Friday, 9:00 AM-5:00PM). Deaf and hard of hearing individuals also can call the toll-free numbers after hours via relay.

People anywhere in the United States can call the national hotline at
(800) 799-SAFE (7233).

printer friendly format