Visa & Immigration Resources

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 at Title IX Resources. Information about the student conduct process may be found in the university’s Code of Conduct. The University 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 Report (also known as the Clery Report). Specific questions about filing charges may be addressed to the University Police Department.

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 see the U.S. Citizenship and Immigration Services information.

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 see the U.S. Citizenship and Immigration Services information.

The International Programs Office 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.

F-1 & J-1 Status Students

International students and scholars should consult the advice of an International Student Advisor in the International Programs Office to discuss the following:

• 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.

Please see the International Programs Office for additional support.

Local Legal Assistance Listings

Law Office of Randy Feldman

Address: 500 Main St #510, Worcester, MA 01608
Telephone: 508-792-1202

Iandoli, Desai & Cronin P.C.

Telephone: 617-482-1010
Fax: 617-423-9070
Email: infor@iandoli.com
(By appointment only)

Moreno Law Office, LLC

Address: 390 Main St, Suite 718 Worcester, MA 01608
Telephone: 508-798-5291
MA Toll Free: 855-966-7366
Email: morenolawoffice@yahoo.com

Law Office of Obadan Iziokhai

Address: 390 Main St, Suite 805 Worcester, MA 01608
Telephone: 508-793-9660

Note. Worcester State University provides this list as a courtesy to our students. This is not an endorsement of any of the attorneys listed on this document. Students are under no obligation to select attorneys from this listing and may select any attorney of their choosing.

Additional Resources

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:

USCIS: Find Local Legal Services

The Board of Immigration Appeals (BIA) provides a listing of attorneys by state who provide immigration services either for free or for little cost:

BIA: List of Pro Bono Legal Service Providers

The American Immigration Lawyers Association (AILA) offers an online Immigration Lawyer Referral Service that can help a student or scholar find an immigration lawyer:

AILA: Immigration Lawyer Referral Service

The American Bar Association also provides information on finding legal services by state:

ABA: Find Legal Help

Undocumented students occupy a vulnerable position and might face barriers to reporting an incident for fear of repercussion. As an undocumented student, you have rights!

• You are not to be threatened with deportation by your institution: this is considered a violation of both Title IX and the Clery Act as it is an active discouragement from reporting.
• You can file a complaint anonymously: either with the federal government or with your institution. If you fear exposing your undocumented status you are under no obligation to include your name or identifying information in your complaint.
• You are not to be asked to disclose your immigration status to school administrators when reporting a sexual assault: this is considered intimidation and violates the Clery Act.
• You do have the right to report the crime to authorities. In cases such as these, sexual assault survivors can apply for a U-Visa which protects survivors working with law enforcement from being deported. U-Visas have a nationwide cap and can be difficult to obtain, however, you should not feel that you are limited in reporting―if you feel strongly about reporting the assault to the authorities a U-Visa is an option.
• If any of your rights are violated by your institution you have the right to file a federal complaint.

This information comes from: End Rape on Campus (EROC) International & Undocumented Students.

Find additional information detailing the rights of International and Undocumented students, as well as the intersections of immigration status and Title IX: Know Your IX