Domestic Violence and Immigration Issues
Any allegation of domestic violence is serious. However, when the person making the accusation or the person being accused is not a United States citizen, several additional consequences might arise during the investigation or resolution of the case.
The criminal defense attorneys at Sammis Law Firm understand how immigration law issues can impact domestic violence cases. Call today to talk with an attorney to find out what you need to do today to protect yourself against a false or exaggerated accusation.
When false allegations are made by an immigrant spouse against a U.S. Citizen, the defense attorney should conduct a thorough investigation to understand how the immigration issues might have motivated those false accusations. When the alleged victim applies for a U Visa, such evidence is exculpatory and should be disclosed to the defense. The defense attorney should also conduct their own investigation to uncover such evidence when it is not properly disclosed.
Likewise, then a U.S. Citizen makes false allegations against an immigrant spouse, the motivate for making those false allegations might also be influenced by immigration issues, such as a desire to gain a financial advantage in a divorce or separation.
We represent clients charged with domestic violence charges such as battery and assault throughout Tampa, Hillsborough County, FL, and the surrounding counties including Pinellas County, Pasco County, and Hernando County, FL.
Call 813-250-0500.
Immigration Consequence of DV Charges
It is important to realize that making a false allegation of domestic violence is a form of controlling another person. False allegations are also an improper way to gain an advantage in a divorce or child custody case.
When the person making the accusation is not a citizen of the United States, making a false allegation is also a way of avoiding immigration problems or obtaining a special U Visa to stay in the country. For this reason, false allegations of domestic abuse by an immigrant spouse are common.
Finally, if the person who is accused is not a U.S. Citizen, being convicted of domestic violence can lead to deportation which can destroy the family and cause economic hardship.
For individuals who are an asylee or refugee, the fact that an accusation of domestic violence has been alleged may impact their immigration status regardless of whether their sponsor or spouse cooperates with BCIS.
In other words, the refugee’s husband may not withdraw his sponsorship for the refugee’s immigration so as to make the refugee ineligible for refugee status, services or public benefits.
Impact of the Violence Against Women Act on Immigration Issues
In most cases, a Lawful Permanent Resident (LPR) or a United States Citizen will file a visa petition on behalf of a spouse or child. In cases of actual domestic violence, the abuser could have control over whether the petition is filed.
For this reason, Congress enacted the Violence Against Women Act (VAWA) to protect spouses and children of US citizens or LPRs who allegedly committed an act of domestic violence.
After the domestic violence accusation is made, the alleged victim can then self-petition to obtain lawful permanent residency. VAWA allows certain immigrants who make an allegation of domestic violence to petition for immigration relief even though the alleged abuser does not know or assist with the petition.
The unintended consequence of this legislation is that women who are not victims of any domestic violence might become highly motivated to make a false allegation if it might mean gaining an advantage for certain immigration issues, especially when a marriage ends and divorce is contemplated.
How Police Address Immigration Issued During the Investigation
One way to understand how police are trained to deal with immigration issues that arise during an investigation into domestic violence is to look at their standard operating procedures. The policy and procedures used by the Orlando Police Department, for example, has an entire section dealing with the U Visa Application.
The Orlando Police Department Policy and Procedure 1131.9, addressing victim rights, in Chapter 4.7.1 explains that Congress created the U Visa program to:
… strengthen the law enforcement community’s ability to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes, while also offering protection to victims.
Under Federal Law, a non-U.S. citizen who has been the victim of certain crimes and is or has been, or is likely to be helpful in the investigation or prosecution of that criminal activity is eligible to apply for a temporary visa allowing them to remain legally in the United States for up to four (4) years.
Chapter 4.7.2 explains the requirements to obtain a U Visa from United States Citizenship and Immigration Services (USCIS). To be eligible, the applicants must be the victim of a qualifying criminal activity that was committed in the United States or violated U.S. law. Usually, the applicant must be the direct victim of the crimes, although exceptions exist for:
- certain indirect victims (family members) when the primary victim was murdered or rendered incapacitated or incompetent and unable to assist police;
- bystanders in instances of unusually severe harm (e.g., pregnant women who miscarry as a result of witnessing a crime).
To be eligible for the U Visa, the applicants must show they “suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.” The police do not have to certify this requirement. The application must be currently be:
- assisting law enforcement in the detection, investigation, or prosecution of a crime; or
- must have previously assisted law enforcement in the detection, investigation, or prosecution of a crime; or
- must be likely to be helpful in the investigation or prosecution of criminal activity.
The applicant must also be admissible to the United States under USCIS’s requirements. For example, they must be in good health, with good moral character, and no concerning criminal background or national security concerns.
Read more about domestic violence investigations in Orange County, FL.
Finding an Attorney for Immigration in Domestic Violence Cases
It is important for any criminal defense attorney that represents individuals for domestic violence charges to understand how immigration law impacts domestic violence cases. Contact an attorney at the Sammis Law Firm to discuss the particular facts of your case.
We represent both men and women who are facing a return hearing for a protective order (often called a “restraining order”) in Tampa or Plant City, Hillsborough County, Florida, or the surrounding areas in Pinellas, Polk, Pasco, or Hernando County, FL.
We can also help you deal with an ICE notification, hold, or detainer imposed after the arrest.
Our attorneys also represent clients charged with domestic violence by strangulation and other felony charges.
Call 813-250-0500 to discuss your case.
This article was last updated on Thursday, September 24, 2026.
