Immigration Law Is All About Family

Do immigrant spouses need to stay with domestic abusers?

On Behalf of | Apr 26, 2025 | Victims of Violence

Domestic violence can cause serious physical harm. Violent individuals can break bones, cause permanent scars and otherwise seriously injure their victims. Their aggressive behavior can also traumatize the people they target.

Some people feel like they cannot escape a domestic violence situation, especially if they are the spouse of the abuser. They might depend on their spouse for practical matters or may not have enough income to live independently.

Immigrant spouses are often particularly vulnerable. A conditional green card granted to a spouse of a United States citizen requires the continuation of their marriage. People may feel trapped in abusive marriages because they do not want to lose their legal status in the United States. However, it is possible for spouses experiencing domestic violence or other criminal activity to leave a dangerous marital relationship without leaving the country.

U visas protect crime victims

People with bad intentions and dangerous habits may target and manipulate those who are vulnerable. An immigrant spouse is an easy target for those with criminal intentions. They may have limited social connections in the United States. They are likely unfamiliar with domestic laws as well. There could be language barriers and cultural differences that isolate the immigrant spouse.

Those who have experienced crimes committed by their spouses might be eligible for a U visa. The U visa is a specialized non-immigrant visa granted to victims of criminal activity. If the immigrant reports the criminal activity and assists the state with prosecution, they could qualify for a U visa that allows them to stay in the country even if they lose their conditional green card.

Domestic violence is one of numerous qualifying crimes that can lead to a U visa. People who have experienced other crimes may also be eligible. It is also important to know that if the immigrant spouse has remained married for more than two years and removed the conditional status from their green card, they are no longer at risk of losing their green card if they divorce.

Immigrants hoping to apply for U visas may need help protecting themselves and navigating the visa application process. Gathering evidence of domestic violence and seeking guidance from a lawyer who handles complex immigration cases could help immigrant spouses leave unstable marriages.