Overview of Immigration Consequences of Criminal Conduct for Immigrant Survivors of Domestic Violence [pdf]

The following information is designed to help attorneys and advocates working with immigrant victims of domestic violence, sexual assault and trafficking who, due to dual arrest or other factors, have been arrested or have become defendants in criminal prosecutions or have obtained criminal convictions. Immigration victims who otherwise qualify for immigration relief under the Violence Against Women Act’s (VAWA) self-petitioning, VAWA cancellation of removal, U-visa crime victim protections or T visa trafficking victim protections can be cut off from access to the protection offered by these forms of immigration relief if they are arrested, plead guilty or are otherwise convicted of a crime. For this reason it is important that advocates, attorneys and justice system personnel working with immigrant victims have a basic understanding of the immigration consequences of criminal conduct and convictions for immigrant victims of violence against women. This overview highlights some of the essential information and analysis necessary to understand how criminal convictions can harm immigrant victims. The following overview highlights some of the essential information and analysis necessary to understand how criminal convictions can harm immigrant victims. Hopefully it will provide a first step in familiarizing immigration advocates with this complex area of immigration law that is critical to understand in order to effectively advocate for immigrant survivors who have been through the criminal justice system.