People sometimes ask victims of domestic violence, "Why don't you leave?" It isn't that simple, of course. Women in abusive marriages may fear for their safety and that of their children, and will have to worry about finding a home and a job to support themselves.
For immigrant women, the situation is even worse. In addition to all of the other concerns, they may face deportation if they leave the marriage.
The situation is better than it used to be, thanks to the Violence Against Women Act of 1994 (VAWA) and the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA).
There are two kinds of legal immigrants, permanent residents (greencard holders) and visitors. The main way to become a permanent resident is to marry a U.S. citizen or a person who is already a permanent resident. The spouse is granted conditional permanent resident status for two years (this is to protect against marriage fraud). At the end of this time, they may petition for removal of the conditions. Actually, it's the U.S. citizen or permanent resident spouse who petitions on their behalf. If the petition is not filed by the time the two-year conditional period ends, the spouse is deportable. VAWA made it possible for conditional permanent residents to self-petition if they can show that they are victims of domestic violence or extreme cruelty. Women who had left the marriage that granted them conditional status can also self-petition if they can show that they left because of domestic violence.
Visitors face a more difficult situation. The major types of visitors are temporary workers and students. A person granted a worker visa or a student visa may bring their spouse along. The first problem for the spouses is that they are not authorized to work in the U.S. unless they can get their own visa. The second problem is that their status depends entirely on the marriage. If they leave the marriage, they automatically become deportable because they are "out of status". The VTVPA was supposed to change that, by creating a new type of visa called the U visa. This allows victims of violence, especially gender-related violent crimes (including domestic violence) to obtain their own independent visa. Once in possession of the U visa, they can work in the U.S. and even apply for permanent resident status after a year.
There's just one problem - the government has not issued regulations yet for the U visa. Without regulations, nobody knows how to apply for this visa. John Ashcroft stonewalled for two years while immigration was handled by the Justice Department and now that immigration has been transferred to the Homeland Security Department, it appears that Tom Ridge is stonewalling too.
And so immigrant victims of domestic violence wait, totally dependent on their abusers for financial support and for legal status in this country, with no way out.
Further reading: Gender Violence Victims Wait for Visas