1. Give the woman access to, or copies of, any documents supporting her application. Have her consult an immigration attorney to find out which documents should be requested and how to find out what her status is.

1. Shall not withdraw the application for permanent residency, which had been filed on the woman’s behalf.

3. Take any and all actions necessary to ensure that her application for permanent residency is approved.

4. Shall not contact Citizenship and Immigration Services (CIS), the Consulate, or the Embassy about her status. This is useful when the batterers try to prevent her from obtaining legal permanent residency.

5. Immediately turn over her personal property. If you use this, be ready to get the documents and items right away with a police escort. If you wait, the batterer may destroy documents that will help the women get legal permanent status.

6. Sign a form to obtain his birth certificate. This helps prove he is a citizen.

7. Not remove the children from the court’s jurisdiction and/or United States without a court order and that he turn over the children’s passports to her or the court. Send a copy of the court order to the U.S. Dept of State Office of Passport Services. This should keep the batterer from running off with the children.

8. Sign a statement that will also be signed by the victim and the judge to inform the relevant embassy or consulate that they should not issue a visitor’s visa or any other visa’s to the child of the parties. The victim can then send copies to respective consulates, embassies, passport office, and airlines to prevent issuance of a visa.

9. Pay any fees associated with the petitioner’s and/or children’s immigration cases.

10. Sign a prepared Freedom of Information Act (FOIA) form with the result of this form being sent to her or her attorney. This helps when the batterer has been keeping information from the abused about the status he may have filed on her behalf.

11. State information about previous marriages and divorces and whether he has the copies of the decrees. If he has the copies, one can ask that he turn them over to the battered spouse. This helps prove it was a legal marriage.

 
A Note of Caution
This is helpful material to use, but let judges know about it before you attempt to use it. Also remember that a violation of any of these provisions can result in deportation of a refugee, legal permanent resident, and anyone on a temporary visa.

This article is based on “Creative Use of Protective Orders in Battered Immigrant Cases” by Leslye Orloff, Rachel Little, and Vonetta Brown.