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Enrollment & Immigration Considerations
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Tue, 09/10/2024 – 15:42

Combating Gender-Based Violence Student Toolkit

Can my Experience of Gender-Based Violence (GBV) Affect my Immigration Status?

If you have experienced GBV, you are not at fault for this experience, and you will not face immigration consequences for reporting your experience.
If the GBV you experienced is making it difficult to maintain your studies or current course load, notify your Designated School Official (DSO) before you decide to drop any classes. A victim advocate or counselor may be helpful in preparing for and supporting you in this conversation.
The U.S. government has specific rules about maintaining enrollment and course load to maintain your student visa status, and when you can make changes without falling out of status, such as due to temporary illness.
Federal rules do not discuss GBV as an allowable reason to drop below a full course load, but other provisions of the rules might apply.

You may also be eligible for certain immigration options, including but not limited to:

Asylum
T nonimmigrant status (T visa)
U nonimmigration status (U visa)
Violence Against Women Act of 1994 (VAWA) self-petition
Waiver of the joint filing requirement for removal of conditional permanent residence

Eligibility for these and other immigration benefits or relief is case-specific. Consider discussing your situation with a licensed immigration attorney or accredited representative. For information on legal services, visit USCIS.gov.

School Enrollment and Immigration Considerations

If you have experienced GBV while enrolled at a U.S. university or college, you may have questions about whether you can reduce your course load to address the effects of experiencing GBV, and whether that will affect your nonimmigrant visa status.

Federal rules do not specifically address GBV as a basis for requesting adjustments to a student nonimmigrant visa holder’s school enrollment.

However, a school’s designated school official (DSO) or responsible officer (RO) may allow a nonimmigrant student to reduce their course load for a period of time due to a medical condition. A DSO or RO may also approve a nonimmigrant student to temporarily eliminate their course load due to a temporary illness or medical condition. If you are experiencing effects of GBV that impact your ability to maintain a full course load, consider discussing your options with your school’s DSO or RO before you take any action.

If you withdraw from school as a result of your victimization and fall out of your nonimmigrant visa status, you may be able to request reinstatement of your status.

If you are a dependent on a family member’s nonimmigrant visa and are experiencing GBV in the relationship, you may wish to consult a licensed immigration attorney or accredited representative about how your visa status may be impacted by decisions such as divorce. For information on legal services, visit USCIS.gov.

Immigration Options

As an international student, you may be worried that you could experience immigration consequences if you report your experience of GBV to authorities. However, U.S. immigration law provides several protections for noncitizens, regardless of their immigration status, who have experienced certain forms of abuse, exploitation, or crime. In some cases, you may be able to include your spouse or children in your request for humanitarian protection, benefits, or relief. A licensed immigration attorney or accredited representative can help you understand your options.


Asylum is a form of protection available to individuals in the United States who have a fear of return because they have suffered persecution in the past or fear they will suffer persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion, along with other eligibility requirements.

Many forms of harm, including some types of GBV, may constitute persecution, depending on the facts of the individual case.

A grant of asylum allows an individual to remain in the United States, work lawfully, and apply to become a lawful permanent resident (get a Green Card) after 1 year. Asylees (those granted asylum) are also eligible for certain federal and state benefits and services. If you have a pending asylum application, you may be eligible to work lawfully in the United States. For more information, please visit the Asylum page on USCIS.gov.


Continued Presence (CP) is a temporary immigration designation for trafficking victims who may be potential witnesses. CP allows trafficking victims to lawfully remain in the United States and work during the investigation into the human trafficking-related crimes committed against them and during certain civil lawsuits filed by victims against their traffickers. CP is initially granted for 2 years and may be renewed in up to 2-year increments. CP recipients may also receive certain federal benefits and services.

As a noncitizen, you cannot directly apply for CP; CP must be requested by law enforcement. For more information, visit the DHS Center for Countering Human Trafficking page.


If you are a victim of a severe form of trafficking in persons (human trafficking) and have complied with reasonable requests for assistance from law enforcement in the detection, investigation, or prosecution of the trafficking or qualify for an exemption or exception, and meet certain other requirements, you may be eligible for a T visa.

A T visa allows you to remain in the United States for up to 4 years, work lawfully, and receive certain federal and state benefits and services. T visa holders who qualify may also be able to become lawful permanent residents (get a Green Card). For more information on eligibility and filing instructions, visit the Victims of Human Trafficking: T Nonimmigrant Status page on USCIS.gov.


You may be eligible for a U visa if you meet certain eligibility criteria including:

You are a victim of certain crimes that occurred in the United States or that violated U.S. law, including domestic violence, sexual assault, stalking, FGM/C, or trafficking, among others;
You have suffered substantial mental or physical abuse as a result of those crimes; and
You were, are, or are likely to be helpful to law enforcement or government officials in the detection, investigation or prosecution of those crimes.

A U visa allows you to stay in the United States for up to 4 years and work lawfully. After at least 3 years with a U visa, if you meet certain requirements, you may apply to become a lawful permanent resident (get a Green Card). If you have a pending U visa petition, you may be eligible to work lawfully and be protected from removal while your U visa petition is pending. For more information, please visit the Victims of Criminal Activity: U Nonimmigrant Status page on USCIS.gov.


The family-based immigration process generally requires U.S. citizens and lawful permanent residents to file a petition for their noncitizen family members. Sometimes, in situations involving domestic or family violence, petitioners may misuse the immigration process to abuse their noncitizen family members. Petitioners may threaten to withhold or withdraw a petition so they can control, coerce, or intimidate a family member.

If you have experienced abuse (including, but not limited to, physical abuse) by your U.S. citizen or lawful permanent resident relative, VAWA allows you to petition for yourself (self-petition) for immigrant classification, without your abuser’s knowledge, consent, or participation in the immigration process. This allows victims to seek safety and independence from their abusers.

If you are the spouse or child of a U.S. citizen or lawful permanent resident, or the parent of a U.S. citizen who is 21 years of age or older, and have been abused by that family member, you may be able to file a self-petition for immigrant classification with USCIS. For more information on eligibility and filing instructions, visit the Abused Spouses, Children and Parents page.


You need to apply to remove the conditions on your permanent residence if:

You are married to a U.S. citizen or lawful permanent resident; and
You have conditional status because you were married for less than 2 years on the day you became a permanent resident.

This is typically a joint filing process with your spouse to show that you did not enter the marriage to circumvent U.S. immigration laws.

If you are experiencing abuse (including but not limited to physical abuse) by your spouse, you may be able to independently request a waiver of the joint filing requirement. For more information on eligibility and filing instructions, visit the Removing Conditions on Permanent Residence Based on Marriage page.

Topics

Citizenship and Immigration Services
Academic Engagement

Keywords

Academic Program
Gender-Based Violence (GBV)
U.S. Citizenship and Immigration Services (USCIS)

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