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Domestic Violence Asylum

The Board of Immigration Appeals, the highest immigration court in the U.S., ruled in August, 2014 that victims of domestic abuse abroad may be eligible for asylum in the U.S. Previously, decisions about how to treat battered wives from abroad had been inconclusive but now the Board has determined that these victims can be considered as victims of persecution who were not protected by the authorities or their countries. This ruling should help many spouses and their children who are at the border and who are fleeing from their countries.

The Board’s decision has now defined a “refugee” as a foreign person who has a well-founded fear of persecution based on race, nationality, religion, political opinion or membership in a particular social group. Victims of domestic violence by the Board’s decision may now be included in this social group. In the case before the Board just decided, the Court was convinced that the Guatemalan government would not protect the victim because she repeatedly went to the police in her country but the police told her that they would not interfere in a domestic dispute. Once she called the police when her husband had bloodied her face but the police refused to intervene even through her husband had broken her nose, had thrown burning pants on her and even raped her. The victim fled to another city in Guatemala but her husband tracked her down. Then the victim secretly left Guatemala with her two children, and she now lives in the United States. The Court said that it was persuaded that Guatemala has a machismo culture and was permissive of family violence. This permissive attitude towards domestic violence in Guatemala also is the same in Honduras, El Salvador, Nicaragua, and in parts of Mexico and some of the countries in South America as well.

Call us to give us the details of your case, to see if you may qualify, and if you would wish us to help you.Our assistance is only a phone call, or e-mail communication away!

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