How do immigrants protect themselves in case of domestic violence

Immigrants are especially vulnerable because many of them do not speak English, they are separated from their relatives and friends and may not understand American laws. For these reasons, immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. This fear forces many immigrants to remain in a situation where they are mistreated.

Фото: Depositphotos

The law regulating the activities of international marriage agencies (IMBRA) requires the US authorities to provide foreign brides (grooms) and spouses immigrating to the US with information about their legal rights, the criminal past of their American grooms (brides) and spouses, and about cases domestic violence committed by them. One of the tasks of IMBRA is to provide immigrant brides (grooms) and spouses with accurate information about the immigration process and where to turn for help if elements of violence appear in their relationships.

U.S. Department of State clarifieswhat rights an immigrant has in case of domestic violence.

What is domestic violence

Domestic violence is a model of behavior in which the spouse (partner) or partner (sha) in a couple who has developed a close relationship threatens his spouse (partner) or partner (partner) or ill-treats her (him). Ill-treatment can include physical harm, forced sex, emotional manipulation (including isolation and intimidation), as well as threats of an economic nature or related to immigration experience. Although the majority of reported incidents of domestic violence are related to abuse by men against women or children, men can also be victims of domestic violence.

Domestic violence can include sexual abuse, child abuse and other violent crimes.

Sexual abuse - this is any kind of sexual activity to which you do not agree, even if it is about your spouse, and it can be committed by any person.

Child abuse includes: physical violence (any injury caused by chance, including excessive punishment), physical neglect (refusal to eat, shelter, medical care or supervision), sexual violence and moral humiliation (threats, refusal to show love, support or mentoring).

Manifestations of domestic violence, sexual abuse and child abuse are illegal in the United States under any circumstances.

The law guarantees protection from ill-treatment to all residents of the United States (regardless of race, color, religion, gender, age, nationality, or immigration status).

Any victim of domestic violence, regardless of immigration status or citizenship, is entitled to assistance. Any immigrant victim of domestic violence is subject to immigrant protection provisions.

If you experience domestic violence at home, then you are no exception.

What legal rights do victims of domestic violence in the US have?

Both civil and criminal laws guarantee the basic forms of protection for all US residents, regardless of their citizenship and immigration status.

The laws governing family life provide you with:

· The right to receive a court order on protection for you and your child (your children);

· The right to separate or to divorce without the consent of your spouse (s);

· The right to the division of a certain family property. In the event of a divorce, the court may share any property or finances that you and your spouse have together;

· The right to seek custody of their child (s) and financial support. Parents of children who have not turned 21 a year are often required to pay financial support for any child who does not live with them.

Consult with a family law lawyer who works with immigrants about the positive and negative aspects of influencing you to any of the versions of this law governing family life.

According to US law, any victim of a crime, regardless of her citizenship or immigration status, can call the police for help or get a protection order.

If you or your child are in danger, call the police at 911.

The police may arrest your fiancé (bride), spouse (s), or partner (partner) if they consider that this person has committed a crime. You should inform the police of any manifestations of ill-treatment that have occurred, even if it was in the past, and show any injuries.

Anyone can report a crime, regardless of her (his) citizenship or immigration status.

Similarly, if you are a victim of domestic violence, you can go to court for a protection order. According to a court order for protection or a restraining order, your abuser may be barred from calling, contacting or approaching you, your child (your children). If your abuser violates a protection order, you should call the police who can arrest the abuser. Application forms for a protection order can be obtained in court, in most police stations, shelters for women and law firms.

If your abuser accuses you of a crime, you have basic rights, regardless of your citizenship and immigration status, including the right to talk with a lawyer, the right not to answer questions in the absence of a lawyer, and the right to speak in your defense. It is important to talk with both an immigration attorney and a criminal attorney.

Фото: Depositphotos

What services are available to victims of domestic violence and sexual assault in the US

In the United States, a victim of a crime, regardless of her citizenship and immigration status, is entitled to assistance provided by governmental or non-governmental organizations, which may include counseling, translation services, temporary shelter in case of an emergency, and even financial assistance.

Below are the telephone numbers of hotlines, which you can make free calls from anywhere in the United States. Around the clock, specially trained telephone operators provide free assistance to victims.

At your service there are translators; In addition, the operator can switch you to the telephone of free services in your area, which can provide you with temporary housing in case of an emergency, medical assistance, psychological and legal advice.

If you are unable to pay a lawyer, then you may be covered by a program to provide free or cheap legal assistance for immigrant victims of crime and domestic violence.

National Domestic Violence Hotline 1-800-799-SAFE (1-800-799-7233) 1-800-787-3224 (телефон для глухих)

National Sexual Abuse Hotline 1-800-656-HOPE (1-800-656-4673) national network for rape, ill-treatment and incest

National Center for Missing Children and Abused Children 1-800-THE-LOST (1-800-843-5678) www.missingkids.com

National Center for Victims of Crime 1-800-FYI-CALL (1-800-394-2255) 1-800-211-7996 (phone for the deaf)

The main task of these organizations is to provide security and protection.

In parallel with domestic violence, other forms of exploitation can sometimes occur, including trafficking in persons, in cases where exploitation involves forced labor, services or commercial sex. At these addresses and phone numbers you can get help with issues related to human trafficking:

National Center for Assistance in Trafficking in Persons 1-888-373-7888 (around the clock, 7 days a week)

Hot line special group Ministry of Justice for Trafficking and Labor Exploitation 1-888-428-7581 (Monday to Friday, from 9.00 to 17.00)

Additional information can be found on the website. Citizenship and Immigration Servicesor by calling the number below (for free) 1-800-870-3676 or visit our website:

Фото: Depositphotos

If you are a victim of domestic violence, sexual assault or another crime, what are your immigration options?

Immigrants who are victims of domestic violence, sexual assault or other specific types of crime have a 3 way of ensuring immigration status for themselves and their child (their children).

The victim’s statement is confidential and no one, including the abuser, the perpetrator or a relative, will be notified that you have filed the application.

· A statement in its own name on the change of legal status, according to the Law on Combating Violence Against Women (VAWA).

· A statement to repeal the decision on deportation under the aforementioned law.

· Request for assigning a non-immigration status to a victim (category U).

In order to receive each of these immigration benefits, it is necessary to prove that certain conditions were met.

Consult with an immigration lawyer who works with victims of domestic violence, and discuss with him how these benefits can be applied to you.

Фото: Depositphotos

What other ways are the US authorities trying to inform foreign brides (grooms) and spouses of their rights and protect them and their children from ill-treatment?

The law regulating the activities of international marriage agencies (IMBRA) of 2005 has changed the immigration process on a marriage basis in order to help foreign brides (grooms) and spouses. IMBRA demands that the US government provide foreign brides (grooms) and spouses immigrating to the US with information about their legal rights, as well as self-help tools that would help them protect themselves from the violence of their partners who sponsored their visa.

Immigrant brides (grooms) and spouses are often unfamiliar with American laws and are deprived of the support of relatives or friends, which would allow them to leave their home where they are being abused.

IMBRA prohibits US citizens from sponsoring multiple entry visas for foreign brides (grooms) if they have committed violent crimes in the past.

IMBRA requires the US authorities to give foreign brides (grooms) and spouses of US citizens a copy of a copy of the results of the criminal past American citizen sponsoring by the Citizenship and Immigration Service, as well as a copy of the visa sponsorship application.

Can I rely on the results of the check of the criminal past of my (my) American groom (bride) or spouse (s)?

The verification of the criminal past conducted by the agency is based on working with various open sources, as well as on the information that US clients provide about themselves when drawing up an immigration application. The Citizenship and Immigration Services does not have access to all databases of the US criminal justice system. A US citizen sponsor may not tell the truth when filling out an application. In addition, it also happens that an American citizen had cases of ill-treatment, but he was never arrested or convicted. Therefore, the results of the criminal past check you may receive may not be complete.

The mission of IMBRA is to provide immigrant brides (grooms) and spouses with available information from available sources. You are responsible for making the final decision about whether you feel safe in these relationships.

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