Immigration and Abuse
Tuesday, October 19th, 2010It is becoming fairly common to hear about domestic violence among well educated H1-B holders, which demands the need for all women who plan to accompany their spouse on H4 visas to be aware of the conditions that come with this visa. To begin with, H4 visa is a dependent visa which is applied by many women/men from other countries that allows them to accompany their spouse in the US.A.
It is sad to know that many women on dependent visa are abused from the day of the wedding. Cultural barriers along with the hope of ‘marriage would get better with time’ attitude leaves the women scared and vulnerable and unfortunately, many women do accept it as a part of the life and try to adjust with it. Apart from the common barriers like language and culture, immigration status is one of the major barriers these women face. And often, fear of deportation makes many women suffer in silence. A study of Indian women on H-4 visas, Marrying Into America: The H-4 Visa Bind, found that many women “are highly vulnerable to abuse because they have neither emigrational nor financial independence.”[1]
We see that many women, even in happy marriages, who are dependent on the status of their husbands were unknown of the big and small conditions that came with a dependent visa and god forbid, if the partners turned out to be abusive , the situation became even worse. The purpose of this post to give the readers an overview of what it means to be on a dependent visa and what role does immigration play in abusive relationships.
Power and Control Tactics used by the abuser:
This version of the Power and Control wheel, adapted with permission from the Domestic Abuse Intervention Project in Duluth, Minnesota, focuses on some of the many ways battered immigrant women can be abused.
It is very important to know that dependents on H-4 visas:
- Do not have a right to employment
- Do not have a social security number
- Do not have an independent immigration status.
Which in many cases would mean that the principal visa holders are in complete control of their spouses and usually, immigration status becomes a tool to gain power and control by the spouse.
The principal visa holder may abuse the women by threatening her in the following ways:
- report her to the INS and get her deported.
- that he will not file immigration papers to renew the visa.
- that he will withdraw the petition he filed to legalize her immigration status.
- that he will harm someone in her family in the home country.
- that he will have someone harm her family members.
- that he will take the children from the United States.
- that he will report her children to the INS.
Along with the points above, the abuser might isolate her from friends and family and minimize his actions by saying that they do not mean anything unless they were done in public. Many times, the principal holders intimidate the H4 holders by taking away all the immigration documents( i.e. passports, kid’s passports, ID cards, health care cards, all the supporting documents).
Safety Plan for Immigrant Women- Courtesy Ayuda Inc. Legal Aid Washington D.C
1. Do not hesitate to call 911 if you feel unsafe around your spouse. Remember, you have rights even if you an undocumented resident.
2. Keep copies of all yours and your children’s documents, passports with a trusted friend or neighbor.
3. Work with an advocate to understand your rights as an immigrant in the U.S.A.
4. Keep a record of all your bruises or external markings indicative of abuse.
5. Tell your friends about the abuse. Do not keep quiet about the abuse.
6. Tell your parents about the abuse. They can be a great support system.
7. Keep in mind all the safe places you can go to when your safely is threatened.
8. Do not use the computer at home if you are accessing sensitive information( example: abuse, how to get away from your abuser etc,) instead go to a local library.
9. Change passwords to your email and other accounts regularly.
10. Clear your computer’s temporary internet files if you use the home computer.
11. Call SAWERA at 503 778 7386.
Visas that can be applied for a DV survivor:
Speak with your domestic violence advocate if you wish to apply for any of the Visas below:
VAWA SELF-PETITION
The violence Against Women Act of 1994( VAWA) is a federal law which was passed in 1994 as a result of grassroots efforts in the early 1900’s from victim services fields, law enforcement agencies, prosecutors offices and the courts.
VAWA enables battered spouses and their children to obtain lawful immigration status without the abuser’s knowledge or permission since it is a confidential petition.
U VISA
This Visa enables a dependent spouse or an illegal immigrant to obtain a legal status to live the country. However, there are conditions that apply. The victims must collaborate with the investigation or prosecution of the crime. The U Visa gives authorization to work. Please speak to your advocate for more information.
T VISA
The T Visa is specifically for immigrants trafficked into the United States for commercial sex or labor. Please speak to your advocate for more information.
Online Resources
- www.legalmomentum.org
- www.refugees.org
- http://www.jessenlaw.com/US-Immigration-U-Visa.aspx
- www.endabuse.org
- www.ncadv.org
- www.immigrantwomennetwork.org
- www.stopfamilyviolence.org
Asian
Muslim
- www.baitulsalaam.net
- www.faithus.org
- www.niswa.org
- www.sista2sista.org
- www.amila.org
- www.karamah.org
Martyris, Nina (16 September 2002). “Kiran: Ray of hope for abused Indian women in US”. The Times of India. http://timesofindia.indiatimes.com/articleshow/22395940.cms. Retrieved October 15th, 2010.










