Immigration & Visa Information for Victims of Sexual & Interpersonal Violence

International students and scholars with questions about their immigration and visa status are advised to seek the assistance of an immigration attorney. This document is a resource to explain certain aspects of the law, but is not a replacement for legal advice.

No. Under the law, students and staff who are victims or survivors of sexual and interpersonal violence receive the same rights under Title IX of the 1972 Education Amendments (Title IX) and the Violence Against Women Act (VAWA), regardless of immigration and visa status. Information about on-campus medical and counseling resources, as well as available accommodations, may be found online. Information about the student conduct process may be found at online. The College will not retaliate against you or treat you differently on the basis of reporting a crime.

Yes. Information about your state’s criminal definitions of sexual assault, domestic violence, dating violence and stalking may be found in the Annual Security and Fire Safety Report. Specific questions about filing charges may be addressed to University Police, VanHousen Ext. S181, (315) 267-2222, or at police@potsdam.edu.

Yes. For victims of sexual assault, domestic violence, dating violence and stalking, there may be other visa options, including U and T Visas. For specifics, talk to an immigration attorney.

U Visa

For victims of substantial physical or mental abuse as the result of certain criminal activity, including sexual abuse, domestic violence, rape, assault, or other related crimes
Victim/applicant must be a victim of qualifying criminal activity and likely to be helpful to the investigation and/or prosecution of that criminal activity
Generally valid for four years
For more information, consult an immigration attorney and go online.

T Visa

For victims of human trafficking
Must comply with reasonable requests from law enforcement for cooperation in investigation or prosecution of trafficking act(s) (unless unable to cooperate because of physical or psychological trauma), and must be able to demonstrate that the victim/applicant would suffer extreme hardship if removed from the United States
Generally valid for four years

For more information, consult an immigration attorney, and go online.

The Office of International Education & Programs can provide useful information regarding immigration status. Note that for questions regarding changes to other visa statuses, or legal options that fall outside of standard F-1 and J-1 student visas, or employer-sponsored work visas, consult a qualified immigration attorney.

Krista M. LaVack
Director of International Education & Programs
Crumb Library, Rm. 107
(315) 267-2507
(315) 267-2811 FAX
lavackkm@potsdam.edu

Visa Options

F-1 and J-1 Status Students

Options for reduced course-load approval due to medical conditions certified by a licensed medical doctor, doctor of osteopathy, or licensed clinical psychologist
Options for, and consequences to, withdrawing from your academic program
Information about returning to the academic program at a later date, if the student chooses to withdraw
Options and consequences for accompanying spouses
General information on options for changing visa status.
General information on U and T visas. (Referral to a qualified immigration attorney)
Referral to a qualified attorney

H-1B, O-1, E-3, or TN Employees

Options for a work leave of absence, and consequences to your immigration status
Options and consequences for accompanying spouses
General information on options for changing visa status. Referral to a qualified immigration attorney
General information on U and T visas. (Referral to a qualified immigration attorney)
Referral to a qualified immigration attorney

Pending U.S. Permanent Residents (green card not yet approved)

Impact of leaving your employment on your pending employer-sponsored permanent resident application;
Referral to a qualified attorney

Immigration lawyers are licensed attorneys who specialize in the field of immigration law. They function as the client’s advocate, and can represent them before immigration agencies, both in immigration court as well as in filing applications for immigration benefits. The lawyer can give general advice and can discuss immigration options. Like all lawyers, immigration lawyers are bound by professional, ethical, and legal requirements, and keep client discussions confidential.

U.S. Citizenship and Immigration Services (USCIS), a bureau of the Department of Homeland Security (DHS), offers two sites to help individuals find free or low-cost legal representation: