Purpose: This study examines how federal provisions for ‘battered immigrant women' influence decision-making and safety planning for immigrant women who are victims/survivors of domesic violence. Extant research indicates that immigration often increases a woman's economic and legal dependence on her male spouse, thus increasing her vulnerability to abuse. The finding seems particularly true for women without valid immigration status or on temporary visas, whose financial and legal dependence is heightened due to laws that bar them from accessing legal employment and many state and federal benefits. To contextualize the dynamics of gender, race, ethnicity, and citizenship, this paper focuses on the struggles of advocating for South Asian battered women on temporary visas and discusses strategies for supporting immigrant women with different immigration status in attaining greater self-determination and safety.

Methods: This study uses a mixed-ethnographic approach including: discourse analysis of the Violence Against Women Act and related legislation, six months participant observation at a domestic violence agency serving South Asian women, twenty-two in-depth interviews with South Asian women seeking services for domestic violence, domestic violence advocates, and immigration lawyers.

Findings: This paper is a critique of current legal and social policies from the intersections of gender, immigration and domestic violence. Preliminary analysis show that although VAWA provides substantial immigration relief to some battered immigrants, the safety net they erect remains permeable and leaves out many groups of immigrant women who have few if any options to find relief from abuse. Survivors of domestic violence who reside in the U.S. on temporary visas and are not married to a U.S. citizen or legal permanent resident (LPR) have few options to leave their abuser, without jeopardizing their immigration status. Furthermore, interviews with advocates and immigration lawyers around the country confirms that the current anti-immigrant political climate further marginalizes immigrants , making legislative efforts to broaden provisions to battered immigrant women politically unviable.

Implications: The differing patterns of immigration from region to region, necessitate an understanding of how particular immigration statuses contribute to immigrant women's vulnerability to domestic violence. VAWA has brought needed legislative support for immigrant women. However, we must continue to improve upon VAWA while ensuring implementation of existing laws. Some possible changes include: broadening the scope of who can access immigration relief, including those not married to citizens and LPRs. Issuing work authorization and access public benefits to all who are given legal immigration status is another way to provide basic support for preventing and or minimizing the risk for domestic violence.