Immigration Concerns for Sexual Assault Victims
If you have been sexually assaulted and you are not a U.S. citizen
or not legally in this country, you may have additional worries
that other victims do not have.
- You may be terrified that the person who assaulted you will
report you to the Department of Homeland Security (which now includes
the Immigration and Naturalization Service or INS).
- You may fear for your immigration status if you try to get medical,
counseling or housing help related to the sexual assault.
- You may be afraid that if you ask for employment help your immigration
status will be hurt.
- You may be afraid that if you report the assault, people in
your community, especially the perpetrator’s family and friends,
will be on the perpetrator’s side and hurt you or retaliate
against you because of what happened.
- You may be afraid that if you report the assault, the perpetrator
will hurt you or retaliate against you.
- You may feel pressure from your community, and especially from
the perpetrator and his friends and family, to not report the
crime because a criminal conviction for rape could cause the perpetrator
to be deported if s/he is not a U.S. citizen.
Please contact the Victim Rights Law
Center or another qualified immigration attorney for confidential
legal information specific to your unique circumstances. The Victim
Rights Law Center has on-site translators in Spanish
, French , and Haitian
Creole (and additional languages upon request).
Immigration - Legal Information and Remedies
Immigration laws are complex and change often. While immigration
attorneys have the job of keeping up with all of these changes and
their impact on non-citizens, VRLC attorneys can help you look at
your situation for free. There are benefits and protections available
to non-citizen crime victims, and we can help you get these protections.
If we determine that you need an immigration attorney, we will refer
you to one.
Please note: The immigration laws outlined below provide you
with general information. They do not provide specific legal advice
to address your specific situation. For personal legal advice please
contact us or another qualified attorney.
If I go to the police, will they ask about my
immigration status?
If I need medical, housing, or other benefits
will it hurt my immigration status?
Can I change my immigration status because of
the sexual assault?
If I go to the police, will they ask about
my immigration status?
If you are not a U.S. citizen, you may fear that reporting the assault
to police could put you at risk for deportation. Generally criminal
justice officials do not ask you about your status. However, not
all police departments follow this rule. If you are in the U.S.
illegally and you are not in immediate physical danger, you should
talk to a lawyer or legal advocate who understands immigration law.
There are new immigration options that are available to sexual assault
victims who report to the police.
If I need medical, housing, or other benefits
related to the assault will it hurt my immigration status?
If you are not here legally, you can still get certain public benefits
after an assault without having to say what your immigration status
is. There are also some benefits that you can get after an assault
that will not hurt your chance of getting legal status in the future
or your ability to leave the U.S and come back. VRLC can help you
find out what benefits you can safely get.
Can I change my immigration status because
of the sexual assault?
The sexual assault may affect your immigration status. For example,
if you have an employment- based visa and you lose your job as a
result of an assault, you may need to adjust your status. If you
have reported the assault to the police, or if you want to report
the assault, you may qualify for a special temporary visa (the “U
Visa”) created for crime victims.
If you are a victim and have specific questions or concerns
about any of these immigration issues, please contact
us for confidential legal information specific to your unique
circumstances. We can work with you to protect your immigration
concerns and find help and safety after a sexual assault.
Attorneys and Advocates should consult our Attorney
Practice Manual for more in-depth information.
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