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Will immigration share my abuse case with my abuser?

No. A federal law, 8 U.S.C. 1367, bars immigration officials from giving any information about your VAWA, U visa or T visa case to your abuser, or to anyone outside the government's own sworn staff. Officers who break it can be fined. Here is what the law covers, the few exceptions, and the places your abuser could still learn something, so you can close those gaps.

Where this applies
Federal confidentiality rules, the same in every state. California address and court protections and Bay Area help are labeled.
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Who it’s for

Survivors of domestic violence, sexual assault, trafficking and other crimes who are thinking about VAWA, a U visa or a T visa, and the advocates and family who help them, anywhere in the United States.

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This page covers privacy from your abuser in VAWA, U and T cases. General deportation risk is on a separate page. This is general information, not legal advice. DNLH is not a law office or a crisis line.

Will immigration tell my abuser I applied?

No. Federal law says officials and employees of the Department of Homeland Security (USCIS, ICE, CBP), the Department of Justice (including immigration courts) and the State Department may not use or disclose any information that relates to a person applying for (8 U.S.C. 1367(a)(2)):

  • VAWA self petition
  • U visa
  • T visa
  • VAWA cancellation of removal in immigration court

The only people who can see it are sworn government officers and employees using it for legitimate agency purposes. That means no one at USCIS should tell your abuser that you applied, what you said, where you live, or anything else.

VAWA is built for this. USCIS says you can self petition without your abuser's knowledge, consent or participation (USCIS).

The U visa rule repeats the ban and says any agency that receives your information is bound by the same limits (8 CFR 214.14(e)).

How long does the protection last?

The disclosure ban ends only when your application is denied and all chances to appeal are used up (8 U.S.C. 1367(a)). While your case is pending, and after it is approved, the ban stays in place.

Are there exceptions?

Yes, a few, and none of them is "tell the abuser." The law allows sharing (8 U.S.C. 1367(b)):

  • With law enforcement, only for a legitimate law enforcement purpose, and in a way that protects confidentiality
  • For judicial review of a decision, in a way that protects confidentiality
  • With agencies that decide public benefits, only to decide eligibility
  • With nonprofit victim service providers, only with your prior written consent, to connect you to services
  • For statistics and for national security, under strict limits
  • To Congress about closed cases, without personal or location details
  • If you agree: the ban on sharing does not apply if all the abused people in the case are adults and all of them waive it

The law also says you can name a safe organization that agencies may use to communicate with you (8 U.S.C. 1367(b)(7)).

What if my abuser calls immigration on me?

This threat is common. The law was written with it in mind.

Immigration officials may not find you inadmissible or deportable using information that came only from (8 U.S.C. 1367(a)(1)):

  • A spouse or parent who abused you or your child, or their family member living in the household when the spouse or parent allowed the abuse
  • The person who committed the crime against you, in a U visa case
  • The trafficker or perpetrator, in a T visa or VAWA case

ICE's 2025 interim guidance 11005.4 says its staff remain bound by this law and cannot rely solely on information from a prohibited source.

Two honest limits:

  • The rule covers information that comes only from the abuser. If ICE has the same information from its own records, like an old deportation order, the rule does not stop it from acting.
  • For T visa and VAWA cases, the law makes an exception for people convicted of certain deportable crimes. Ask your lawyer if that applies to you.

Save every threat. Texts, voicemails and messages saying "I'll call immigration" can be evidence of abuse. Give copies to your lawyer.

Can ICE arrest me at a shelter or at court?

If immigration enforcement that leads to a deportation case happens at a domestic violence shelter, rape crisis center, supervised visitation center, family justice center, victim services provider or community based organization, or at a courthouse where you are appearing in a protection order, custody or other case about domestic violence, sexual assault, trafficking or stalking, the Notice to Appear must include a statement that the confidentiality law was followed (8 U.S.C. 1229(e)). Officers who make a false statement about this face the same penalties. This adds a check, not a ban. See Can ICE arrest me at a courthouse, hospital or church?

Where could my abuser still find out?

The federal law binds federal immigration agencies. It does not control everything around you. These are the common gaps, and how to close them.

1. Your mail. USCIS sends notices to the address on your forms. If your abuser gets your mail, use your lawyer's address or another safe address. If you move, use the USCIS change of address process for VAWA, T and U cases (USCIS). In California, enroll in Safe at Home for state and local agencies. That program says it covers California state, county and city agencies; it does not say it covers federal agencies.

2. Your phone, email and online accounts. Do not use a shared email or a phone the abuser checks. Set up a new email for your case.

3. Papers at home. Keep copies with your lawyer or a trusted person, not where the abuser can find them.

4. The criminal case. In a U visa case, the crime may be prosecuted. The person charged has rights in that case, and police reports may be shared with the defense. In California, the police or prosecutor who signs your certification may not disclose your immigration status except to follow federal law or legal process, or with your permission (Penal Code 679.10(m)). Ask the prosecutor how they handle your certification request in the case.

5. Family court. In a divorce or custody case, your abuser's lawyer may ask about your status. In California, no one may raise a person's immigration status in open court in a civil case unless the judge first decides it is allowed in a private hearing (Evidence Code 351.3). The same rule applies in criminal cases (Evidence Code 351.4). Tell your family law lawyer about your immigration case before any hearing.

6. People you tell. Friends and relatives may talk. Share only with people you trust.

What if someone breaks the rule?

Anyone who willfully uses, publishes or allows disclosure of protected information can face discipline and a civil fine of up to $5,000 for each violation (8 U.S.C. 1367(c)). Tell your lawyer right away. Write down what was shared, by whom and when. USCIS has a complaint process in its Policy Manual, Vol. 1, Part A, Ch. 9.

Privacy safety plan

Questions people ask

Will USCIS call my abuser to check my story? The law bars USCIS from disclosing your information to the abuser. In VAWA cases, USCIS can check the abuser's status in its own records without contacting the abuser.

Can my abuser get my file through a records request? The confidentiality law bars disclosure to anyone outside the listed exceptions. Your abuser is not one of them. Ask your lawyer if you ever learn of a request.

If my case is approved, can my abuser find out then? The ban continues after approval. It ends only after a denial and all appeals.

My abuser is in my U visa case as the person who committed the crime. Will the police tell him I applied? California certifying agencies may not disclose your immigration status except as federal law or legal process requires, or with your permission. Ask the prosecutor what the defense can see in the criminal case.

Who can help?

Anywhere in the U.S.:

Bay Area (San Mateo and Santa Clara counties):

  • CORA (San Mateo County) 24 hour hotline: 800-300-1080. Next Door Solutions (Santa Clara County): (408) 279-2962.
  • CLSEPA: (650) 326-6440, 1861 Bay Road, East Palo Alto. For low income residents of San Mateo and Santa Clara counties.
  • Bay Area Legal Aid: advice line 1-800-551-5554.
  • Legal Aid Society of San Mateo County, LIBRE program: (650) 517-8936 for attorney appointments. Limited help with VAWA and U visas.
  • Tahirih Justice Center, Bay Area: 650-270-2100.

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service. More options: Free legal help in the Bay Area.

If you are in danger right now, call 911. If you are thinking about suicide or are in emotional crisis, call or text 988.

The law is on your side here. Your story belongs to you, and you get to decide who hears it.

Sources

Printed from https://donotlosehope.com/guides/will-immigration-share-abuse-case-abuser/. Facts checked October 21, 2026. Free information, not legal advice.

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