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Domestic Violence

Among the most vulnerable in the immigrant community are undocumented women and children who are victims of domestic violence whose spouses, domestic partners, or fathers are U.S. citizens or legal permanent residents. Although entitled by law to immigrant visas, these victims are dependent upon their abusers to access the system. Their abusers refuse to help them with the process, often threatening their victims with deportation and separation from family. So terrorized are these victims of violence that they avoid seeking law enforcement and emergency medical services that could protect them. They live in the shadows of society, alienated by language, poverty, culture, and fear.

In 1994, the U.S. Congress passed a law (the Violence against Women Act) permitting abused immigrant women and children to apply for visas without the cooperation of their abusers, but this remedial legislation is oftentimes practicably inaccessible to those who need it most. Applications for relief require English. Evidence must be gathered, reproduced, and translated. Legal issues must be resolved. And, even more fundamentally, these victims must be identified and encouraged to seek help.

The U visa, which was created by the Victims of Trafficking and Violence Prevention Act in October 2000, is available to immigrant victims of violent crime (including domestic violence) who cooperate with law enforcement in the investigation and/or prosecution of the crime. The U Visa authorizes an indefinite stay in the U.S. and employment authorization. Many women are enabled to escape their abusive partners once they have a work permit, and authorization to remain in the United States.

Although both forms of relief are a major development in the law, they are inaccessible without legal assistance.

Casa Cornelia’s Domestic Violence Program

Casa Cornelia responds to the urgent needs of undocumented victims of domestic violence survivors and violent crimes by providing free legal representation to assist them with their visa petitions, empowering them to leave abusive relationships, achieve economic independence, regain their self-esteem and begin a new life for themselves and their children.

Clients are referred to Casa Cornelia through our hotline: 1-800-704-4041, which is distributed through social workers and word of mouth. Casa Cornelia also holds monthly outreach clinics for undocumented victims of domestic violence. Once the women’s cases are accepted, Casa Cornelia begins the long process of preparing their petitions. Communication is often difficult as the women are either still living with their abusers or in shelters. Typically, Casa Cornelia is able to assist over 80 women and children each year through our Domestic Violence program.