Under this model, the country allows the victim to retain or apply for an independent immigration status when the relationship ends because of domestic violence. Each country has specific legal requirements and evaluates the victim’s vulnerability.

Examples: Sweden, Norway, the Netherlands, among others.

Below, we explain what protections generally exist in each country, who may qualify, and what is usually required.

Important Notice: This information is provided for educational purposes only and does not replace individualized legal advice. If you are in immediate danger, contact your local emergency services immediately.

United States: A Well-Established Immigration Protection System

In the United States, several immigration protections have been specifically created to ensure that U.S. citizens and lawful permanent residents cannot use immigration status as a tool to control or abuse their spouses or partners.

Main Immigration Options

1. VAWA (Self-Petition)

Available to individuals who are or were married to a U.S. citizen or lawful permanent resident (Green Card holder).
The Violence Against Women Act (VAWA) allows eligible victims to apply for lawful immigration status and, when eligible, permanent residence (a Green Card) without the participation or consent of the abusive spouse. The process is confidential, and USCIS does not notify the abuser about the petition.
Common supporting evidence includes:

• A detailed personal declaration describing the abuse.
• Psychological evaluations or mental health reports.
• Text messages, emails, or other communications.
• Statements from witnesses.
• Documents demonstrating the shared residence and the bona fide relationship.
• Medical records.
• Protective orders or other court documents, when available.

2. U Visa

The U Nonimmigrant Visa is available to victims of certain qualifying crimes—including domestic violence, assault, sexual violence, and other serious offenses—who were not necessarily married to a U.S. citizen or lawful permanent resident.
Eligibility generally requires that the victim has been, is being, or is likely to be helpful to law enforcement authorities in the investigation or prosecution of the crime.

3. Strategic Consideration

Domestic violence cases involving immigrants should be handled carefully because the immigration process and the criminal justice process are separate legal pathways.

Many victims fear contacting the police because of concerns about their immigration status. However, that fear does not necessarily prevent them from qualifying for immigration protection. The available immigration options depend on the legal basis of each individual case and should be evaluated carefully.