Domestic violence knows no economic, cultural, educational or ethnic boundaries, and escaping it is never an easy road. But for victims living in the U.S. on H-4 visas — spouses of H-1B visa holders — that road is even more rocky.

“Immigration is an additional tool of abuse that is pervasive in the immigrant community,” explained Zakia Afrin, director of Maitri, a 25-year-old social services agency focused on the South Asian community.  

“The dependents of H-1B visa holders are often in a situation where they are not authorized to work, creating complete financial dependency on the spouse,” Afrin said. “Abusers often use that as leverage, threatening deportation or visa cancellation if a partner leaves.”

To illustrate, Afrin tells a story about a hypothetical Maitri client, Asha.

“Asha got married in India, where both of them worked at a tech firm. Her spouse came on an H-1B visa, and she joined soon after as an H-4. She did not have work authorization and soon found herself in an abusive relationship.

“He wanted to know her whereabouts all the time and did not allow her to learn to drive or mingle with neighbors, ”Afrin continued. “Her phone and internet access was limited and under surveillance. After a few months, he started locking her up before leaving for the office.”

For Asha, as for countless other victims, the first step out of their prison is contacting organizations like Maitri.

U.S. immigration law does provide certain protections for abused spouses, including through the Violence Against Women Act (VAWA), U visas for victims of crime, and special work authorization under INA §106 for abused H-4 visa holders. Some visa categories depend on victims reporting violence to law enforcement.

But a lack of information about these laws and available services creates more barriers.

“In Santa Clara County, at least 20% of immigrants identify as limited English proficient,” Afrin said, “making it even harder for them to access resources and connect with services.”

These victims already faced a hard road, and the Trump administration has made that road even more rocky. ICE is now jailing and deporting domestic abuse victims, according to a report in the Sacramento Bee, and targeting immigrants who have filed applications for protection.

“Traditionally, victims of DV have been excluded from deportation while they wait for their visa applications to be reviewed by the USCIS, [U.S. Customs and Immigration Services],” said Afrin. “Under the current administration, that rule is no longer reliable.

“Immigrant victims and survivors of domestic violence do not exist in a vacuum — they are part of the larger immigrant community,” she continued.  “Any attack on immigration policies, attitudes against immigrants, and the curtailing of existing benefits for immigrants also affects domestic violence survivors. Additionally, it makes leaving an abusive situation harder, and taking the hope of independent livelihoods away from many.”

Where to Go For Help

In spite of good reasons for pessimism about the plight of these victims, there are resources to help victims escape and fight for their legal rights.

Silicon Valley offers an increasing number of services to these victims, and specifically H-4 visa holders. These include Maitri (888-862-4874); Narika (800-215-7308); and Asian Women’s Home  (408-975-273).

Next Door Solutions offers a 24/7 domestic violence hotline (408-279-2962); as does the YWCA  (800-572-2782) and the National Domestic Violence Hotline (1-800-799-7233 or text START to 88788). Legal help can be found at the Immigrant Legal Resource Center and the Asian Law Alliance.

Here are key questions to ask any social or legal services agency for yourself or for another:

• Do you support immigrant/visa-dependent survivors (H-4, H-1B family)?
• Can you refer me to an immigration-specialist advocate or attorney?
• Can you provide translation for [language]?
• Can accompany someone to court or immigration hearings?
• Do you offer emergency shelter or safe housing, and is it open to non-citizens?
• What are your confidentiality policies if the abuser threatens immigration/deportation?

If you are in immediate danger, call 911.

Carolyn Schuk can be reached at carolyn@santaclaraweekly.com.

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