"Often, the abusive spouse uses the family visa process to control and manipulate the immigrant spouse. Some abusive spouses refuse to file the petition for their family member unless or until the family member/spouse acts in a specific manner for a specific time period. Other threaten to withdraw the petition or threaten to call immigration authorities to deport a spouse if she objects to his conduct, leaves or call the police to report the abusers conduct. In short, the abusive spouse uses U.S. immigration laws as a weapon to control and further abuse the family member. "

However, The Violence Against Women Act of 1994 (VAWA) was created to help all victims of spousal abuse including the undocumented. Under VAWA, an undocumented abused spouse or child, or parent of an adult son or daughter can self petition for lawful immigration status in the United States as well as qualify  for cancellation of removal if they are in deportation proceedings in immigration court.
Through VAWA, the undocumented lawfully gain status on their own so they do not have to depend upon the abusive spouse or family member to begin or complete the petition process.

In 2009, the US Immigration and Customs Enforcement (ICE) issued the "Victims of Crimes" Policy reform for ICE attorneys to move to dismiss cases against undocumented survivors eligible for U-visas. The same document directs that they be granted a stay pending the adjudication of their application for a U-visa. 

We request that the U.S. Immigration and Customs Enforcement respects the rights of undocumented survivors under the VAWA Act and ICE Policy reform and therefore, do not detain or deport survivors of domestic, sexual or of any relational violence.