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Can an illegal immigrant (entered illegally) abused by her illegal immigrant husband in the US for 2 yrs get any type of relief?

Los Angeles, CA |

My friend entered with her husband illegally. She filed a temporary restraining order but he called the police on her and got her into the removal proceedings. They're both illegal and entered illegally. Our friend, a former ICE agent, says they can't get any relief. We called a few attorneys who said they needed to review the case first before they gave us an answer. We can't afford to pay to have them review the case. Is there anything potentially available even if she entered illegally?

Attorney Answers 7


  1. Best answer

    If she was abused by her husband, she could be eligible for a U visa. She has to show that she was a victim, cooperated with the police and suffered substantial mental abuse as a result of the crime. She will also need a waiver due to her illegal entry. It's a complicated process so if she cannot afford an attorney, find a reputable organization in your area that handle such cases.


  2. Yes, but she should meet with a competent immigration attorney to make sure she actually makes it there. VAWA is the word you are looking for.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  3. This person might be eligible for VAWA relief but the attorneys are correct in saying they need to review the facts first.


  4. Not VAWA, but possibly a U visa. Find a local nonprofit organization authorized by the BIA. They might be able to review your case pro bono. Good luck.


  5. Your friend might be eligible for U-visa. She should contact an immigration attorney directly to discuss her options. Many attorneys offer free initial consultations.

    DISCLAIMER: The information appearing here is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to contact us at (310) 988-5092 or info@i-551.com or consult with your own legal advisor before taking any action based on information appearing here.


  6. I recommend you consult with an experienced immigration attorney or nonprofit agency that is able to help. If your friend is in removal proceedings, there is too much at stake for her not to look at every option possible. Based on the facts provided, it is not possible to know if she would be eligible for a U visa. The abuse would have to amount to a qualifying criminal violation and, among other requirements, she would have to be willing to be helpful in the criminal investigation and prosecution of her husband. You can review the eligibility criteria for U visas by going to the USCIS website. Also, each state has a number of nonprofit agencies that may be able to help at a reduced or pro bono fee arrangement, so I recommend you look into those options as well.

    This post is for informational purposes only and not for the purpose of providing legal advice. I recommend you consult an attorney in order to obtain accurate information that is appropriate for your particular situation.

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