Immigration Relief and Protection for Elder Abuse Survivors in California

Elder abuse is a serious and often hidden issue that affects many seniors in our communities including immigrants. In California, undocumented older adults are especially vulnerable. They may fear coming forward due to their immigration status, language barriers, or fear of being deported. But it’s important to know: help is available. There are immigration protections and state-level services designed to support elder abuse survivors, regardless of immigration status.

You Are Not Alone! You Have Rights!

Undocumented elders may hesitate to report abuse from family members, caregivers, or others. But in California, you do not need to be a U.S. citizen to access protection from abuse. The state offers services and legal remedies to help stop abuse and ensure safety.

State-Level Protections

• Elder Abuse Restraining Orders (EARO): Seniors, 65 or older (or dependent adults with disabilities) can ask the court for a restraining order to protect them from physical, emotional, or financial abuse, even if the abuser is a family member. 
• Adult Protective Services (APS): APS investigates abuse and connects seniors with housing, case management, and legal aid (e.g. API Legal Outreach), no proof of immigration status required. 
• Legal Aid and Advocacy Organizations: The Elder and Disability Rights Project (Elder/YAD Team) of API Legal Outreach,offers free legal help to survivors of elder abuse, often in your preferred language.

Immigration Relief Options

Survivors of elder abuse may also qualify for immigration relief, including:

• U Visa: For victims of serious crimes (including elder abuse) who help law enforcement investigate or prosecute the crime. This can lead to a work permit and, eventually, a green card. 
• VAWA (Violence Against Women Act): If the abuser is a U.S. citizen or permanent resident family member, the elder may self-petition for immigration status without the abuser’s involvement. 
• Asylum: Some survivors may qualify for asylum if returning to their home country would place them at risk of further harm. 

Hope, Safety, and Support Are Within Reach

If you or someone you know is experiencing elder abuse, physical, emotional, financial, or neglect, you do not have to stay silent. You may contact the Elder and Disability Rights Project (Elder/YAD team) of API Legal Outreach at (415) 567-6255. We provide confidential and free legal services available to survivors of elder abuse. You can stay safe, get support, and even take steps toward stabilizing your immigration status.

No one deserves to suffer in silence. You matter. You have rights. And you are not alone! The Elder and Disabilities Rights Project (Elder/YAD team) of API Legal Outreach, is here to support you.

About the APILO’s Elder and Disability Rights Project (Elder/YAD Team):

APILO’s Elder and Disability Rights Project provides legal services in a variety of areas to assist elders and individuals with disabilities to receive public benefits and live a life free from abuse. The Elder Team works to both to prevent abuse towards elders and people with disabilities and to assist survivors of abuse. We work closely with senior centers, churches, and senior meal sites to keep our services accessible. With a team of exemplary attorneys and dedicated staff, the team provides a wide range of legal services, including naturalization assistance, other immigration cases, elder abuse, estate planning, eviction defense, conservatorship, guardianship, and restraining orders to name a few.

If you want to learn more about what our team does, please feel free to reach out to us.