What to Know About Relationships After Deportation: Safety and Immigration Options
What to Know About Relationships After Deportation: Safety and Immigration Options
If you're considering following a partner abroad after their deportation, especially in an abusive relationship, stop and read this first. This decision could jeopardize your safety, your immigration options, and your future in the United States. As difficult as it may be, understanding your legal rights and available protections is critical before making any travel decisions.
This article focuses specifically on immigration relief options for abuse victims whose partners have been deported, including VAWA self-petitions and U visas. If you're experiencing domestic violence and your abuser has been removed from the United States, you have independent legal pathways that do not require you to leave the country or maintain contact with your abuser.
The most important thing to understand: you do not need to follow your abuser abroad, and doing so could actually harm your chances of obtaining legal immigration status in the United States.
Understanding Deportation and Its Immigration Consequences
What happens when someone is deported from the United States? Deportation, formally called "removal," creates significant barriers to returning to the U.S. Under the Immigration and Nationality Act (INA), a person who has been removed faces either a 5-year, 10-year, 20-year, or permanent bar from re-entering the United States, depending on the circumstances of their removal.
According to INA § 212(a)(9)(A), individuals removed from the United States are inadmissible for specific periods:
- 5-year bar: Applies to individuals removed under expedited removal or reinstatement of removal
- 10-year bar: Applies to individuals removed following formal removal proceedings
- 20-year bar: Applies to individuals removed a second time
- Permanent bar: Applies to individuals convicted of aggravated felonies or who illegally re-enter after removal
These bars are strict and difficult to overcome. Even marriage to a U.S. citizen does not automatically waive these inadmissibility grounds. This is why following a deported partner abroad with hopes of "fixing" their immigration status is almost always a mistake.
Why Following a Deported Abuser Is Dangerous—Legally and Physically
Should I follow my partner to another country after they've been deported? In almost all cases, especially involving domestic violence, the answer is no. Here's why this decision can be devastating on multiple levels.
Physical Safety Concerns
When an abuser is deported, they lose the constraints that U.S. law enforcement and legal protections provided. In countries like Turkey or elsewhere abroad:
- U.S. protective orders are not enforceable
- Local police may not respond to domestic violence calls with the same urgency
- You may have no legal status, making you dependent on your abuser
- Language barriers and unfamiliar legal systems can trap you
- You may lack financial resources to escape or return home
According to the National Domestic Violence Hotline (1-800-799-7233), isolation from support systems is a key tactic abusers use to maintain control. Following an abuser abroad voluntarily creates this isolation.
Immigration Consequences
Following a deported partner abroad can destroy your immigration options in the United States. Here's how:
Abandonment of residence: If you have any pending immigration applications (green card, work permit, VAWA petition), leaving the U.S. may be considered abandonment of those applications. Under 8 CFR § 1003.2, departure from the United States while proceedings are pending can result in automatic dismissal.
Undermining abuse claims: If you later seek immigration relief based on abuse (VAWA or U visa), voluntarily following your abuser abroad contradicts the claim that you were fleeing abuse. Immigration officers may question whether the abuse was severe if you willingly relocated to be with the abuser.
Difficulty returning: Once you leave the U.S., you may need a visa to return. If you've accrued unlawful presence, you could trigger INA § 212(a)(9)(B) bars (3-year or 10-year bars for unlawful presence of 180 days or more).
Loss of evidence: Building an immigration case based on abuse requires documentation—police reports, medical records, court orders. These are generated in the U.S. and much harder to obtain from abroad.
VAWA Self-Petitions: Immigration Relief for Abuse Victims
Can I get a green card if my abusive partner was deported? Yes. The Violence Against Women Act (VAWA) allows certain abuse victims to self-petition for lawful permanent residence without the abuser's knowledge, cooperation, or even presence in the United States.
What Is a VAWA Self-Petition?
VAWA, codified at INA § 204(a)(1)(A) and (B), allows abused spouses, children, and parents of U.S. citizens and lawful permanent residents to petition for themselves. Critically, the abuser's deportation does not eliminate your eligibility.
According to the USCIS Policy Manual, Volume 6, Part J, VAWA self-petitioners can file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) even after the abusive relationship has ended, including through deportation.
VAWA Eligibility Requirements
To qualify for a VAWA self-petition, you must establish:
- Qualifying relationship: You were married to a U.S. citizen or lawful permanent resident, OR you are the parent or child of a U.S. citizen or LPR
- Abuse: You or your child suffered battery or extreme cruelty by the U.S. citizen or LPR
- Good moral character: You have not been convicted of certain crimes and meet general moral character requirements
- Residence: You resided with the abuser at some point (brief periods may qualify)
- Good faith marriage: If filing as a spouse, the marriage was entered in good faith, not solely for immigration benefits
Key point: Under 8 CFR § 204.2(c)(1), you can file a VAWA self-petition up to two years after the relationship ends, including through deportation of the abuser. The abuser's immigration status at the time you file is irrelevant—what matters is their status when the abuse occurred.
VAWA Processing and Timeline
As of 2025, USCIS reports processing times for Form I-360 VAWA petitions ranging from 15 to 42 months, depending on the service center. These delays are significant but should not discourage you from filing.
Benefits while your VAWA petition is pending:
- Work authorization: You can apply for an Employment Authorization Document (EAD) using Form I-765
- Protection from deportation: USCIS generally does not share VAWA petitioner information with ICE
- Deferred action: You may receive protection from removal while your case is pending
Once approved, you can apply for adjustment of status to lawful permanent residence using Form I-485, assuming you're in the United States. The USCIS Policy Manual, Volume 6, Part J, Chapter 4 provides detailed guidance on adjustment procedures for VAWA self-petitioners.
U Visas: Protection for Crime Victims
What if I wasn't married to my abuser—can I still get immigration status? Yes, through the U visa program, which protects victims of qualifying crimes, including domestic violence, regardless of marital status.
U Visa Basics
The U visa, created under INA § 101(a)(15)(U), provides immigration status to victims of certain crimes who have suffered substantial mental or physical abuse and are helpful to law enforcement in investigating or prosecuting the crime.
Qualifying crimes include:
- Domestic violence
- Sexual assault
- Abusive sexual contact
- Stalking
- Kidnapping
- False imprisonment
- Witness tampering
- Obstruction of justice
U Visa Eligibility Requirements
To qualify for a U visa, you must demonstrate:
- Victim of qualifying crime: You suffered substantial physical or mental abuse as a result of a qualifying criminal activity
- Information about the crime: You possess information about the criminal activity
- Helpfulness: You have been, are being, or are likely to be helpful to law enforcement in investigating or prosecuting the crime
- Crime occurred in U.S.: The crime violated U.S. law or occurred in the United States
- Admissibility: You are admissible to the United States (or obtain a waiver)
The critical component is law enforcement certification. You must obtain Form I-918, Supplement B, signed by a law enforcement agency, prosecutor, judge, or other qualifying official certifying your helpfulness.
U Visa Processing Reality in 2025
Here's the difficult truth: U visa processing currently takes 10 years or more due to the annual cap of 10,000 principal petitioners. According to USCIS data, there are over 200,000 pending U visa petitions.
However, once you file a U visa petition with a law enforcement certification, you are placed on a waiting list and can apply for:
- Work authorization: Using Form I-765 with fee exemption
- Deferred action: Protection from deportation while waiting
Under 8 CFR § 214.14(d)(2), U visa holders can adjust to lawful permanent residence after three years of continuous presence in U visa status.
Important: The abuser's deportation does not affect your U visa eligibility. In fact, many U visa cases involve perpetrators who have left the United States or been deported.
Why You Should Not Leave the United States
What happens to my immigration case if I leave the country? Leaving the United States while pursuing VAWA or U visa relief can be catastrophic to your case.
Abandonment of Applications
Under 8 CFR § 1003.2(d), if you depart the United States while an immigration application or proceeding is pending, it may be deemed abandoned. This means:
- Your VAWA petition could be denied
- Your U visa application could be terminated
- Any work authorization would be invalidated
- You would need to start the entire process over
Triggering Unlawful Presence Bars
If you've been in the United States without lawful status, leaving can trigger severe re-entry bars under INA § 212(a)(9)(B):
- 3-year bar: Applies if you accrued more than 180 days but less than one year of unlawful presence
- 10-year bar: Applies if you accrued one year or more of unlawful presence
These bars begin when you depart the United States and prevent you from returning for the specified period. There are very limited waivers available, and they require showing "extreme hardship" to a qualifying U.S. citizen or LPR relative.
Critically, following your abuser abroad voluntarily may undermine any extreme hardship claim you could make, as it suggests the hardship of separation is not actually extreme.
Loss of U.S. Legal Protections
The United States has robust laws protecting domestic violence victims:
- Violence Against Women Act (VAWA): Federal protections and funding for victim services
- State protective orders: Enforceable by police with criminal penalties for violation
- Mandatory arrest laws: Many states require police to arrest when probable cause of domestic violence exists
- Victim compensation programs: Financial assistance for medical bills, counseling, lost wages
None of these protections extend abroad. In Turkey or other countries, you would be subject to local laws, which may not provide equivalent protections or may not be effectively enforced.
Building Your Immigration Case While Staying Safe
How do I apply for VAWA or a U visa while protecting myself? The process requires careful documentation and working with experienced professionals who understand both immigration law and domestic violence dynamics.
Documenting the Abuse
Strong evidence is essential for VAWA and U visa cases. Gather:
- Police reports: Every incident reported to law enforcement
- Protective orders: Restraining orders or orders of protection
- Medical records: Documentation of injuries, including photos
- Witness statements: Affidavits from people who witnessed abuse or its effects
- Counseling records: Documentation from therapists or domestic violence counselors
- Photos: Images of injuries, damaged property, threatening messages
- Communications: Text messages, emails, voicemails showing abuse or threats
Under the USCIS Policy Manual, Volume 6, Part J, Chapter 2, USCIS uses a "preponderance of the evidence" standard, meaning you must show it's more likely than not that the abuse occurred. You don't need a criminal conviction of the abuser.
Working with Law Enforcement for U Visas
If you're pursuing a U visa, you need law enforcement cooperation. Steps to take:
- Report the crime: File police reports for every incident
- Request certification: Ask the investigating officer or prosecutor about U visa certification
- Provide information: Cooperate fully with investigations and prosecutions
- Follow up: Law enforcement agencies have discretion whether to sign certifications, so maintain contact
Many jurisdictions now have U visa liaisons who handle certification requests. According to 8 CFR § 214.14(c)(2)(i), certifying officials must have knowledge of the case and sign Form I-918, Supplement B.
Finding Specialized Legal Help
VAWA and U visa cases require attorneys who understand both immigration law and trauma-informed practice. Resources include:
- National Immigrant Women's Advocacy Project (NIWAP): Maintains a directory of immigration attorneys experienced in VAWA cases
- Legal aid organizations: Many provide free or low-cost services to domestic violence victims
- Domestic violence shelters: Often have partnerships with immigration attorneys
- State bar associations: Lawyer referral services with specialization filters
Fee waivers: Both VAWA and U visa applicants can request fee waivers using Form I-912 if they cannot afford filing fees. USCIS granted approximately 70% of fee waiver requests for VAWA petitioners in recent years.
Common Questions About Deportation and Abuse
Can my abuser's deportation help my immigration case?
Yes, in some ways. The abuser's deportation can demonstrate that you're no longer in contact with them, which supports your claim of leaving the abusive relationship. It also means they cannot interfere with your application or threaten you for filing.
However, their deportation doesn't automatically qualify you for status—you must still meet all eligibility requirements for VAWA or U visa relief.
What if I have children with the deported abuser?
Your children may have independent immigration options. Under INA § 204(a)(1)(B)(iii), children who have been abused by a U.S. citizen or LPR parent can file their own VAWA self-petitions. Additionally, if you qualify for VAWA or a U visa, your children can be included as derivatives.
Children under 21 who are unmarried can be included on your petition. This is critical: do not take your children abroad to be with an abusive parent, as this could endanger them and complicate their immigration options.
Can I visit the deported person without ruining my case?
This is extremely risky and generally not advisable. While a single short visit might not automatically disqualify you, repeated trips or extended stays abroad will undermine your abuse claims and could be seen as abandoning your U.S. residence.
If you're considering any international travel while a VAWA or U visa case is pending, consult with your immigration attorney first. In most cases, you would need advance parole (Form I-131) to travel without abandoning your application.
What if the abuser was never a U.S. citizen or green card holder?
VAWA requires the abuser to be a U.S. citizen or lawful permanent resident. If your abuser never had legal status in the U.S., you cannot file a VAWA self-petition based on that relationship.
However, you may still qualify for a U visa if you were a victim of qualifying criminal activity. U visa eligibility does not depend on the perpetrator's immigration status—only on whether you were victimized and can help law enforcement.
Next Steps: Creating a Safety Plan and Immigration Strategy
What should I do right now if I'm considering following a deported abuser? Stop, assess your safety, and consult with professionals before making any decisions.
Immediate Safety Planning
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Contact the National Domestic Violence Hotline: Call 1-800-799-7233 or text START to 88788. Advocates can help you create a safety plan and connect you with local resources.
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Find local domestic violence services: Shelters and advocacy organizations provide:
- Emergency housing
- Safety planning
- Legal advocacy
- Immigration legal services
- Counseling and support groups
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Secure your documents: Gather and safely store:
- Passport and any immigration documents
- Birth certificates (yours and your children's)
- Marriage certificate or evidence of relationship
- Financial documents
- Evidence of abuse
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Create a safety plan: Include:
- Safe places to go in an emergency
- People who can help
- Important phone numbers
- Plan for your children
- Financial
About This Post
This analysis was inspired by a public discussion on Reddit: https://reddit.com/r/immigration/comments/1ugsu54/abuse_victim_following_her_boyfriend_to_turkey/
Immigration law is complex and constantly evolving. While this post provides general information based on current law and policy, every situation is unique.
This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.
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