[pdf] Comparison Chart of Violence Against Women Act (VAWA) Self-Petitioning, U visa, and Special Immigrant Juvenile Status (SIJS) (+)

This chart compares forms of crime victim based immigration relief for immigrant children. It covers VAWA self-petitioning for child abuse victims, the U visa for child victims of child abuse, sexual assault and other forms of criminal activity and special immigrant juvenile status available for children who have been abused, abandoned or neglected by one or both of their parents. The chart compares eligibility for immigration relief, the immigration relief process, timing of access to lawful permanent residency and access to public benefits and services among these three forms of immigration relief.

[pdf] U-Visa “Helpfulness” Checklist (+)

This checklist has been developed to assist police, prosecutors, judges, commissioners, magistrates and other U visa certifying officials in identifying the wide range of ways an immigrant crime victim can provide helpfulness to justice system officials and government agencies in detection, investigation, prosecution, conviction or sentencing of U visa listed criminal activity. The document includes citations to U.S. Department of Homeland Security policies, regulations, guidance and training materials on U visa certification and helpfulness. A national team of law enforcement, prosecutors and judicial trainers with expertise and experience on the U visa contributed to the development of the list of examples of helpfulness included in this document based on their experience and expertise.

[pdf] U-Visa Victim Benefits Eligibility Process (+)

This benchcard discusses the eligibility requirements to qualify for a U-Visa, the application procedure for U-Visas, and possible benefits for which approved U-Visa applicants may be eligible.

[pdf] State Courts and the Protection of Immigrant Crime Victims and Children (2014) (+)

The learning objectives for this presentation are: understand the intersections between state court proceedings and immigration law, recognize facts that indicate a party qualifies for legal immigration status, know how accurate immigration law information affects just and fair outcomes in state courts, learn about findings in state court cases that are helpful to an immigrant crime victim’s immigration case, and obtain U visa certifications from law enforcement or judges.

[pdf] Protection Orders and Battered Immigrants: The Impact of Attorneys and Advocates (+)

This document outlines the purpose of and need for protection orders in cases of domestic violence and sexual assault, the barriers that victims face in obtaining protection orders, and the intersection of protection orders and immigration concerns. The document will be particularly useful for attorneys, advocates, and judges attempting to understand the impacts of protection orders on a victim’s immigration case.

[pdf] Comparison Chart of U Visa, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA) (+)

A comparison chart of U Visa, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA).

[pdf] Three Prongs of VAWA Confidentiality (+)

A brochure summarizing the three prongs of VAWA confidentiality (Disclosure Limitations, Source Limitations, & Enforcement Limitations) for advocates and attorneys, including information on best practices and complaint instructions.

[pdf] Trafficking Victim Benefits Under the Affordable Care Act (ACA) (+)

The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Trafficking victims who are granted continued presence and trafficking victims who file for and receive T-visas have greater access to a full range of subsidized health care benefits than any other group of immigrant crime victims. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits.

[pdf] U-Visa Victim Benefits Under the Affordable Care Act (ACA) (+)

The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Similar to other public benefits, there is no one-size-fits-all rule as to when immigrant victims qualify for subsidies and for what health care benefits may be covered by subsidies. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. Lawfully present U-Visa victims are subject to the individual mandate, unless they meet the low-income exception, and are eligible to purchase insurance on the exchanges. In the vast majority of states, lawfully present U-Visa victims do not receive health care subsidies and when subsidies are offered they are generally only for prenatal and child health care.

[pdf] VAWA Self-Petitioner Victim Benefits Under the Affordable Care Act (ACA) (+)

The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. The ACA created two categories of immigrants: those are who are “lawfully present” and those who are not. VAWA self-petitioners are included in the category of “lawfully present” and are therefore subject to the individual mandate and eligible to purchase insurance on the exchanges if they do not qualify for an income exemption.

[pdf] Family Court Bench Card on Immigrant Crime Victim Access to Public Benefits and Services (+)

This document pertains to a family court bench card on immigrant crime victim access to public benefits and services. It explains the public benefits for undocumented domestic violence victims, and the additional public benefits for domestic violence victims who are lawfully present.

[pdf] Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (+)

This brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.

[pdf] Table on State Immigration Laws Summarizing Status of Court Rulings on Validity (+)

A chart on state immigration laws summarizing status of court rulings on validity from Supreme Court, the 11th Circuit, the South Carolina District Court, and District Court of Utah.

[pdf] VAWA Public Benefits Eligibility Process: VAWA Self-Petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation (+)

This Bench Card contains information on the VAWA public benefits eligibility process, including the following: immigration status qualification requirements, VAWA cancellation of removal and suspension of deportation, battered spouse waiver, and how to become a “qualified immigrant” who is eligible to receive federal and state public benefits.

[pdf] Benchcard: Trafficking Victim Benefits Eligibility Process (+)

This Benchcard discusses the qualifications for Continued Presence status, how to apply for and obtain Office of Refugee and Resettlement benefits eligibility based on Continued Presence, qualifications for T-Visa status, how to apply for a T-Visa, and how to receive benefits after receiving Continued Presence status or a T-Visa. It also outlines the federal and state public benefits and other government-funded programs available to trafficking victims as well as the eligibility period.

[pdf] Federal Preemption of State Laws That Attempt to Restrict Immigrant Access to Services Necessary to Protect Life and Safety (+)

Although the power to regulate immigration and enact immigration laws rests exclusively with the federal government, some state laws and local ordinances have been enacted to involve state and local officials in immigration enforcement and to cut off access to programs, benefits, and services to non-citizens including undocumented immigrants. This article discusses federal preemption of state laws that attempt to restrict immigrant access to services that have been deemed by the Attorney General of the United States to be necessary for the protection of life and safety.

[pdf] Flowchart of Access to Federal and State Public Benefits for Victims of Human Trafficking (+)

This is a flowchart regarding access to federal and state public benefits for victims of human trafficking, including services necessary to protect life and safety.

[pdf] Flowchart on Access to Federal and State Public Benefits for Battered Immigrant Spouses and Children of U.S. Citizens or Lawful Permanent Residents (+)

This is a flowchart pertaining to abused family members’ access to federal and state public benefits, including services necessary to protect life and safety.

[pdf] Flowchart on Access to Federal and State Public Benefits For U-Visa Victims (+)

This is a flowchart on U-Visa victims’ access to federal and state public benefits, including services necessary to protect life and safety.