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Access to Status for Battered Immigrants and Victims of Other Crimes

The immigration law provides some remedies to immigrants without status when they are victims of domestic violence and other crimes. Battered immigrants married to US citizens or to lawful permanent residents have an avenue for gaining status independent of their batterers through the Violence Against Women Act (VAWA). Immigrant victims of domestic violence and other crimes who are not eligible to self-petition through VAWA may be eligible for a U or T visa as a victim of crime or of trafficking. Generally these remedies require cooperation with law enforcement in the investigation or prosecution of the crime. This section of the website contains articles and other information addressing these immigration remedies.

ARTICLES

Translation of Orders of Protection: Courts help Keep New Yorkers Safe
When domestic violence impacts families of all backgrounds, civil and criminal orders of protection can be one of our most valuable and effective tools to help hold offenders accountable and keep victims and children safe. For limited English proficient language speakers, however, having this critical document issued in a language they cannot speak or read well undermines its very purpose. Read More

SEEKING PROTECTION FROM DOMESTIC VIOLENCE IN NEW YORK’S FAMILY COURT
Information for Immigrant Victims with Limited English Proficiency
Empire Justice Center has produced a pamphlet outlining the language access rights of limited English proficient victims in Family Court and with other domestic violence service providers Read More

VAWA 2013: New Aging-Out Provisions and Keeping Families Together
In October of 2000, Congress created the U Visa with the passing of the Victims of Trafficking and Violence Protection Act. This legislation formed an incentive for crime victims to assist in the legal process because aiding law enforcement could be an effective path for them to obtain temporary status and other immigrant benefits. Read More


Access to Status for Battered Immigrants and Victims of Other Crimes: Article



IN THE NEWS

Inmigrantes no reciben atención adecuada en Nassau
En algunas agencias se ríen de quienes no hablan inglés Read More

Advocates Demand Action from Mangano on Language Access
A coalition of advocates stood before the Nassau County Legislative and Executive building in Mineola on Monday to demand County Executive Ed Mangano fulfill his promise to meet language access requirements for all county residents. Read More


Access to Status for Battered Immigrants and Victims of Other Crimes: In the News



POLICY ADVOCACY

Empire Justice Testimony at the 2015 Public Protection Joint Legislative Budget Hearing
Our testimony on expanded funding for the Office of New Americans, the proposed Judiciary budget and distribution of the Legal Services Assistance Fund. Read More

Empire Justice Testimony on Economic Abuse as a Form of Domestic Abuse
Our testimony on critical issues impacting victims of domestic violence and their families. Read More




PUBLICATIONS

Seeking Protection from Domestic Violence in New York's Family Court
Information for Immigrant Victims of Domestic Violence with Limited English Proficiency. Read More