PRO BONO ATTORNEY MANUAL ON LEGAL IMMIGRATION PROTECTIONS FOR IMMIGRANT SURVIVORS OF DOMESTIC VIOLENCE - November 2013

Sep 17, 2026

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Brief guidance for pro bono attorneys on immigration relief under the Violence Against Women Act, focused on immigrant survivors of domestic violence and sexual assault. The manual explains NIJC’s pro bono program expectations, describes client-centered context including transnational and cultural barriers, stereotypes, power-and-control dynamics, and safety planning. It then outlines family-based immigration overview, eligibility and petitioning steps, and key VAWA provisions such as self-petitioning, qualifying relationships, legal marriage and good-faith marriage, battery or extreme cruelty, and residence requirements.

LanguageEnglish

CategoryLetters

FormatPDF

Pages61

Reading Time21 min

AccessFree to download

INFORMATON ON NIJC’S PRO BONO PROGRAM

The National Immigrant Justice Center

About Our Clients

About this Manual

What We Expect from Our Volunteer Attorneys

What Our Volunteer Attorneys Can Expect from NIJC

Obtaining a Case

UNDERSTANDING DOMESTIC VIOLENCE

Understanding Transnational and Cultural Barriers Facing Immigrant Survivors of Domestic Violence

Stereotypes and Myths

Power and Control Factors

Immigrant Power and Control Wheels

General Power and Control Wheels

Cycle of Violence Wheel

Immigration Issues Facing Abused Immigrants

Overcoming Barriers to Working with Abused Immigrants

Discussing the Abuse

Confidentiality and Immigration Status

Safety Planning for Battered Immigrants

OVERVIEW OF FAMILY-BASED IMMIGRATION

Eligible Family Members

Petitioning for a Family Member

IMMIGRATION PROVISIONS UNDER THE VIOLENCE AGAINST WOMEN ACT

Background

VAWA Self-Petition

Qualifying Relationship

Abuser Must Be U.S. Citizen or LPR

Legal Marriage and Good Faith Marriage

Battery and/or Extreme Cruelty

Residence with Abuser

PRO BONO ATTORNEY MANUAL ON LEGAL IMMIGRATION PROTECTIONS FOR IMMIGRANT SURVIVORS OF DOMESTIC VIOLENCE NOVEMBER 2013 National Immigrant Justice Center A Heartland Alliance Partner 208 S. LaSalle Street, Suite 1300, Chicago, Illinois, 60604 Phone: 312.660.1370 Fax: 312.660.1506 [www.immigrantjustice.org](www.immigrantjustice.org) 􀂔 2013 Heartland Alliance National Immigrant Justice Center ACKNOWLEDGEMENTS This manual was developed by staff at the National Immigrant Justice Center (NIJC), a Heartland Alliance partner, who work directly with immigrant survivors of domestic violence and sexual assault who are seeking immigration relief. NIJC is very grateful to the following organizations for allowing us to adapt their materials for this manual: the Catholic Legal Immigration Network (CLINIC), the Family Violence Prevention Fund, and the National Organization of Women’s Legal and Education Defense Fund (NOWLEDF) . We would also like to thank the National Network to End Violence Against Immigrant Women and the National Immigration Project of the National Lawyer’s Guild for their tireless efforts to advocate for legislative and procedural changes and policies in favor of immigrant survivors. Finally, we would like to thank our clients who demonstrate remarkable strength and courage in the face of hardship as immigrants and as survivors of abuse. Our clients inspire us everyday to continue the struggle for dignity and human rights. Please Note: This manual is a brief guide to immigration relief under the Violence Against Women Act and does not purport to discuss all aspects of immigration practice with respect to immigrant survivors of domestic violence. Additional sources should be consulted when more complex questions regarding current law and procedure arise. Many of these resources are referenced in this manual. In addition, NIJC maintains an extensive library of immigration law materials, and pro bono attorneys are encouraged to consult these materials at any time. Table of Contents INFORMATION ON NIJC’S PRO BONO PROGRAM ...........................................................4 The National Immigrant Justice Center ...........................................................................................4 About Our Clients ............................................................................................................................5 About this Manual............................................................................................................................5 What We Expect from Our Volunteer Attorneys ............................................................................6 What Our Volunteer Attorneys Can Expect from NIJC ..................................................................6 Obtaining a Case ..............................................................................................................................7 UNDERSTANDING DOMESTIC VIOLENCE .........................................................................8 Understanding Transnational and Cultural Barriers Facing Immigrant Survivors of Domestic Violence ...........................................................................................................................8 Stereotypes and Myths .....................................................................................................................9 Power and Control Factors............................................................................................................. 10 Immigrant Power and Control Wheels ..........................................................................................11 General Power and Control Wheels ...............................................................................................13 Cycle of Violence Wheel ............................................................................................................... 15 Immigration Issues Fac

FAQs

What is the purpose of this pro bono attorney manual?

It provides a brief guide to immigration relief under the Violence Against Women Act for immigrant survivors of domestic violence. It also sets expectations between pro bono attorneys and NIJC within the pro bono program framework.

What topics are covered to help attorneys understand domestic violence in immigration cases?

The manual covers transnational and cultural barriers, common stereotypes and myths, power and control factors, and structured tools such as power-and-control wheels and the cycle of violence. It also addresses confidentiality, safety planning, and discussing abuse.

What are key VAWA provisions discussed for eligibility and self-petitioning?

It outlines VAWA self-petition, qualifying relationships, requirements relating to the abuser’s status as a U.S. citizen or LPR, legal marriage and good-faith marriage, battery or extreme cruelty, and residence with the abuser.

Sep 17, 2026

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