Lawyers Manual - Unified Court System

Could the Victim be a US Citizen Already?
Representing Immigrant Victims of Domestic Violence 317
In evaluating the client’s immigrant status, the practitioner should not
overlook the possibility that she may unknowingly be a United States citizen.
A victim may have been born in the United States and raised abroad, or she
might have one or more parents or grandparents who are citizens. In some cases,
an individual can obtain citizenship through a family relationship if she is the
illegitimate child of a US citizen. Tracing all family relationships is also
important to determine whether the client is eligible for other family-based
immigration petitions should the domestic-violence related application fail.
Under What Circumstances Did the Victim Enter the United States?
If the client is a foreign national, the manner in which she entered the United
States may determine the course of action. For example, an individual bearing a
K-1 or “fiancee” visa is essentially “pre-approved” for a family-based petition if
she marries her petitioning fiancé within 90 days of entry to the United States. 25
Conversely, if the client entered without inspection, that is to say, crossed the
border without a visa, or she entered on a visa which has lapsed, she should not
leave the United States or she may be barred from returning for years. 26 Even if
she possesses valid immigration documents, a departure from the United States
could jeopardize claims for relief as a trafficking victim or an asylee. Moreover,
the period of time lapsing between date of entry into the United States and
eligibility for certain applications, such as asylum, may prove very important.
What is the Abuser’s Immigration Status?
In addition to examining the status of the victim, the practitioner should
attempt to verify the immigration status of the abuser. This can be a surprisingly
difficult task — withholding legal documents such as a birth certificate or a
green card constitutes one manner in which the abuser exerts control over his
victim. Still, in some cases, the victim can discover the abuser’s birth or
naturalization certificate or passport in her home, or she may find his Social
Security number or Alien Registration Number written on a tax return or
employment-related document. If the victim is married to a native-born US
citizen, she may be able to obtain a copy of the abuser’s birth certificate from
a county clerk. 27 If the abuser is either a naturalized citizen or a permanent
resident, USCIS should be able to verify his status through its own records. 28
If the victim has a family court case pending, the judge may be willing to order
the production of documents relevant to the abuser’s immigration status. 29