Securing Protection and Legal Status as an Immigrant Victim of Domestic Violence in New Jersey

Immigrant victims of domestic violence face many additional challenges. Their fear of deportation can prevent them from seeking help.  Some immigrants are isolated from their families and support systems and may also be under pressure to maintain the status quo based on cultural norms and the stigma a failed relationship could bring to their family. Also at issue are language barriers, economic dependence on their partner, and the ability to seek employment on their own if necessary.

Immigration status is a powerful tool used by the abuser to keep their immigrant victim compliant. Abusers may use threats of deportation, especially when the victim is undocumented or otherwise reliant on them for their legal status.  By withholding or destroying immigration documents or refusing to help the victim renew their status, such as in the case of a visa, an abuser can exert more control and continue the abuse.  The victim is made to feel trapped and helpless, relying solely on the abuser to prevent deportation.  The combination of fear, isolation, and legal uncertainty places immigrant victims in a precarious position, frightened, anxious, and hopeless. Fortunately, immigrants who experience domestic violence in New Jersey have rights. Not only are there legal channels through which immigrant abuse sufferers can obtain critical protection, but there are also paths toward legal status and maintaining a safe life in the United States.

What Kinds of Domestic Violence Affects Immigrants in NJ?

There are several kinds of domestic violence, and within an abusive relationship, there can be more than one type of abuse.  All abuse is unacceptable and should never be tolerated.  Pushing, punching, slapping, and kicking are overt forms of abuse because they are physical and can leave evidence such as bruises. This may take the form of simple assault or aggravated assault, the latter being the more severe of the two. Belittling, insulting, gaslighting (manipulating), being extremely critical, or humiliating are demonstrations of emotional abuse.  Coercion or obligation to commit sexual acts and an overall undermining of the victim’s bodily autonomy for sexual gratification is sexual abuse. Financial abuse is prevalent in these relationships because the victim, as an immigrant, relies on their spouse economically and has little access to money.

Safeguarding Immigrant Abuse Sufferers and Allowing for New Lives of Freedom with U.S. Legal Status

The Violence Against Women Act (VAWA) is a federal law that protects victims of domestic violence while helping them to apply for legal status without relying on their abuser.  The law also applies to immigrant parents abused by their children or children who are immigrants and are being abused.  The abuser must be a permanent U.S. resident (Green Card holder) or a U.S. citizen.  The VAWA allows immigrant domestic violence victims to complete a self-petition without the abuser’s knowledge, enabling the victims to process their immigration benefits and find safety and independence from their abuser.  The gender of the abused person is irrelevant in terms of receiving assistance.

Who can File a Petition for a Change in Status after Domestic Violence in New Jersey?

A spouse may file for themselves and can include any unmarried children under the age of 21 if they have not filed for themselves.  When filing regarding a spouse, if the marriage to the abuser was ended because of their death or divorce, there is a 2-year grace period before filing.  An illegitimate marriage because the abuser was already married (bigamy), being abused abroad while married to a U.S. citizen working for the government, and as the parent of a child suffering abuse by a spouse are qualifications for this process.  Additionally, the petitioner must have gotten married for reasons other than citizenship, have “good moral character,” and must have resided with the abusive spouse.

They also must have evidence of the abuse, which is cited as battery or extreme cruelty.  Due to the broad nature of those terms, financial, mental, and psychological abuse can be included. When the abusive parent is a U.S. citizen, a permanent resident, or someone who lost their legal status due to domestic violence, their abused child can file for legal status as well; when the parent-child relationship is proven, they are of good moral character (if age 14 or older) and have resided with the parent.

If you are a parent who has been abused by a U.S. citizen or by someone who lost their immigration status within 2 years before your filing, you have lived with your abuser, are a person of good moral character, and can prove the abuse, you can qualify.

Decoding the U-Visa as a Critical Tool for NJ Crime Victims

A U-Visa temporarily protects victims of criminal activity who are helping or can provide information to the authorities regarding nefarious activities by reporting the crime and giving law enforcement a written statement.  To obtain a U-visa, the petitioner must have been a victim of one or more of a specific list of crimes listed on the Homeland Security website.  Some of the offenses included kidnapping, extortion, domestic violence, and murder. A U-Visa is valid for 4 years.  To qualify for this visa, the crime must have taken place on U.S. soil. The victim must have reliable information and must have suffered physical or mental abuse as a result of the crime.

Restoring Lives Through the Legal Framework of T-Visas

A T-Visa gives temporary protection to those who have been trafficked.  When the victims assist law enforcement, they qualify for this assistance.  Human trafficking is a horrible crime that uses force, fraud, or coercion to obtain what is essentially slave labor.  Many human traffickers force their victims into prostitution or literal human slavery.  Victims range in age from as young as eight and older of any race or gender.

A T-visa is part of the Continued Presence (CP) in which trafficked victims can lawfully remain and work in increments of 2 years.  They can also receive federal benefits and government services.  It is beneficial to the victims and law enforcement because as the victims find stability and community, they are more likely to give evidence against those who harmed them.  To qualify for this visa, they must cooperate with law enforcement in the investigation and prosecution of the traffickers.

Restraining Orders as a Lifeline for Immigrants Facing Abuse in New Jersey

Immigrant domestic abuse survivors are entitled to the same rights to protection as citizens.  This means that they can request a restraining order to keep their abuser from contacting them or being around them.  New Jersey has a process that involves a temporary order first, and a final order next, the latter of which may be issued after a hearing where both parties can present their sides to the judge. In a temporary restraining order (TRO), the person requesting the order provides all of the relevant information when filling out the paperwork at the local Municipal Court, Superior Court, or police station, depending on the timing of the request and whether it is within the courts’ normal hours of operation. After weighing the evidence and addressing the possible harm the victim could be in without the order, the judge may issue a TRO.

A final restraining order (FRO) is assigned after a hearing involving both parties who present their evidence.  The order will be granted if all of the necessary elements are met. A final restraining order does not expire unless one of the parties goes to court and requests its removal. It must be formally reviewed with good cause shown, and then approved before a restraining order can be vacated.

Additional Avenues for Immigrant Domestic Abuse Survivors Seeking Protection in NJ

Immigration status in New Jersey does not affect an individual’s ability to file for divorce or custody of their child.  The courts base their decisions on what is best for the child’s safety, development, and emotional well-being.  A victim of domestic abuse can file for divorce based on extreme cruelty, irreconcilable differences, abuse, and others. Additionally, victims of domestic violence who are not citizens or legal residents can still qualify for welfare and housing benefits.  Many organizations in New Jersey offer legal help, counseling, and shelter services for domestic violence survivors.  The victim needs to know they are not alone or without resources.

Fortunately, New Jersey provides multiple resources for immigrant domestic violence survivors.  The Women Aware program offers emergency housing, advocacy, and counseling.  The New Jersey Coalition to End Domestic Violence lists several agencies that can provide help on their website.  The Essex County Family Justice Center has counseling, job training, crisis intervention, support groups, and staff in English and Spanish.  They also offer referrals for help regarding immigration concerns.  A statewide domestic violence hotline (800-572-7233) is available 24 hours with information and services for crisis intervention, advocacy, and more.

Call Our New Jersey Lawyers Fighting for Immigrant Victims of Domestic Violence

No matter the circumstances, you are not alone.  Resources are waiting to help, including an attorney.  Our legal team can guide you through filing a restraining order and ensure you have access to the legal protections provided for you by the government.  The law is crystal clear: you have the right to live free of abuse and mistreatment, even if you are undocumented. Our attorneys at The Tormey Law Firm will advocate for you and seek the available resources to keep you safe in Elizabeth, Union, Somerville, New Brunswick, Newton, Belvidere, Newark, Morristown, Paterson, Hackensack, Freehold, Toms River, and throughout the state of New Jersey.  We will ensure that all the steps are taken to provide outstanding legal protection.  We know the law and have many clients who face the difficulties you are facing now. If you have questions or would like to talk about your situation and how we can help you secure the restraining order you need to begin on your journey to an independent, secure new life, contact us today at (908)-336-5008. Our attorneys are available 24/7 to provide you with a free consultation.