Know Your Rights

Understanding your legal rights as a survivor of marriage fraud and abuse

Your Rights as a Survivor

As a survivor of marriage fraud or domestic violence, you have rights — regardless of your immigration status. Understanding these rights is the first step toward protecting yourself and making informed decisions about your future.

🏠 Right to Safety

You have the right to live free from abuse, threats, and coercion. No one has the right to physically harm you, threaten you, or control you through fear. If you are in immediate danger, call 911.

📋 Right to File for Immigration Status Independently

Under VAWA, you do not need your abuser's help or permission to file for legal status. You can self-petition for lawful permanent residence through Form I-360. Your abuser does not need to know about your petition.

Learn About VAWA Self-Petitions

⚖️ Right to Legal Protections

You are entitled to protection under U.S. laws regardless of your immigration status. This includes:

Protective orders — You can seek a restraining order against your abuser
Crime victim rights — As a crime victim, you may be eligible for a U visa
Human trafficking protections — If you were forced into marriage, you may be eligible for a T visa
Fair housing — You cannot be discriminated against in housing based on immigration status

🔒 Right to Confidentiality

Your information is protected. USCIS will not share your VAWA self-petition with your abuser. Many social service agencies and healthcare providers are required to keep your information confidential. You have the right to control who knows about your situation.

💼 Right to Work

If you have a pending VAWA self-petition, you may apply for employment authorization (work permit) by filing Form I-765. Once approved, you can work legally in the United States, providing you with financial independence.

🌐 Right to Interpreters & Language Access

When interacting with federal agencies like USCIS or DHS, you have the right to request an interpreter at no cost to you. You should not be asked to provide your own interpreter or to rely on your abuser for translation.

📞 Right to Emergency Services

You have the right to call 911 in an emergency regardless of your immigration status. Police and emergency medical services will not ask about your immigration status. Many jurisdictions have "safe reporting" policies that protect crime victims from immigration enforcement.

What Your Abuser Cannot Do

Understanding that certain actions by your abuser are illegal can help you recognize abuse and seek help:

Your abuser cannot threaten to report you to ICE as a form of control — this is a form of domestic violence
Your abuser cannot take or destroy your immigration documents (passport, green card, etc.)
Your abuser cannot physically harm or threaten you
Your abuser cannot falsely report you to authorities as retaliation
Your abuser cannot prevent you from leaving the house, contacting family, or seeking help
Your abuser cannot force you to sign documents you do not understand

What About the U Visa?

The U visa is another immigration option for survivors of certain crimes who have suffered mental or physical abuse and who are helpful to law enforcement in investigating or prosecuting the crime. Marriage fraud and domestic violence are qualifying crimes for a U visa. A U visa provides:

Legal status for up to 4 years
Work authorization
A path to lawful permanent residence

Unlike VAWA, a U visa requires certification from a law enforcement agency that you have been, are being, or are likely to be helpful in the investigation or prosecution of the crime.

What About the T Visa?

The T visa is available to survivors of severe forms of human trafficking, including forced marriage situations. If you were forced or coerced into marriage, or if you were brought to the U.S. under false pretenses for exploitation, you may be eligible.

Your Rights Matter

You deserve to know your rights and have support in exercising them. Our team is here to help.

Get Help Now

Disclaimer

This information is for educational purposes only and does not constitute legal advice. Immigration laws are complex and subject to change. Consult with a qualified immigration attorney for advice specific to your situation.