Veronica T. Thronson, Carole Angel, Soraya Fata, Rocio Molina, Benish Anver, Kalli Wells and Leslye E. Orloff, Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights. 9 Fam. & Intimate Partner Violence Q. 2-3, 1-169 (2017) This article discusses a wide range of topics that arise in custody cases […]
Amicus Brief in an enforcement of an affidavit of support case brought on behalf of an immigrant spouse who was a domestic violence victim. The brief argues the sponsored spouses must be permitted to enforce the I-864 affidavit of support in family court divorce proceedings as a contract and that common law and state spousal support laws may impose duties to mitigate do not apply to affidavit of support enforcement actions. The brief discusses the history and purpose of the affidavit of support and the particular importance of allowing its enforcement in divorce cases and not requiring a separate civil contract enforcement case in cases of battered immigrant spouses. In discussing the legislative history of the statute the brief discusses its relationship to the Violence Against Women Act and the reason VAWA self-petitioners were exempted from deeming, affidavits of support and given access to public benefits as part of the same 1996 law that created the I-864 Affidavit of support.
Decision of the California Court of Appeals confirming that Affidavits of Support are enforceable by the sponsored spouse, in this case an abused spouse, in family court as part of a divorce proceeding. enforcement of the affidavit of support is independent of spousal support laws. Courts cannot impose a duty to mitigate that may apply in spousal support cases to enforcement requested by a sponsored spouse in a divorce proceeding. Enforcement of an affidavit of support is enforcement of the contract between the sponsor and the U.S. government by the beneficiary of that contract envisioned by the federal statute and regulations governing affidavits of support. This case provides an summary or prior affidavit of support decisions in other jurisdictions and an analysis that addresses the few decisions that based on the facts and pleadings in those specific cases could be construed to reach a different conclusion but are distinguished by this court.
NIWAP has developed a number of checklists that assist attorneys and advocates working with immigrant survivors to prepare for a variety of legal cases on behalf of immigrant survivors. Some of the following checklists are geared toward preparing to accompany a victim who will be applying for state or federal public benefits that the victim […]
Creative Remedies PowerPoint (PDF)
An article “Immigration Concerns for Family Law Practitioners.” Written by Veronica T. Thronson. Published in the Michigan Family Law Journal, a publication of the State Bar of Michigan Family Law Section. Volume 46 Number 4 April 2016.
Breaking Barriers is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to […]
Example of Affidavit in Support of Fee Waiver to USCIS for immigrant victims applying for VAWA self-petition, U visa waiver (I-192), Employment Authorization Document (I-765) and Adjustment of Status (I-485).
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.
This bench card provides information for state court judges on issues unique to immigrants, such as: eligibility to work, eligibility to receive benefits and services, the impact of Individual Tax Identification Numbers (ITINs) and use of immigration affidavits of support in family and juvenile court proceedings and mandatory detention. The purpose of this bench card is to provide a quick reference and to help judges identify immigration issues that might affect the range of outcomes available in cases before them. The information contained in this bench card provides accurate information on work authorization, benefits access, assurances made to the Department of Homeland Security (DHS) regarding support of family members, and information about immigrants who will be paying taxes and be able to submit tax returns to the court.
This chapter provides an overview of the child support system and demonstrates some of the problems faced by immigrant victims in accessing this system. This chapter also provides practical information on how to prepare for a child and spousal support case; what form of support orders are best in domestic violence cases; and tips on child support enforcement. The focus of this chapter is on the child- and spousal support issues that arise in cases of immigrant victims.
A powerpoint presentation from the June 26-27, 2013 training in Providence, Rhode Island from session 2A.
This tool provides information on economic relief for immigrant victims and focuses on the role of financial control and isolation abusers use to maintain control over their victims. This tool address such issues as VAWA self-petition eligibility, child custody, child support, etc.
Information and examples explaining how and in what proceedings courts may encounter immigrants who are eligible for Violence Against Women Act (VAWA and U Visa), Trafficking Victims Protection Act (TVPA), Special Immigrant Juvenile (SJIS) and Deferred Action for Childhood Arrival (DACA) immigration protections.
A comprehensive tool kit on subjects, such as: ensuring economic relief for immigrant victims through family law, proceedings: child support and spousal support, applicant financial statement, employer financial statement, employer affidavit, sample cover letter requesting employer’s statement, retroactive child support, and timing of immigrant victim access to work authorization.
This letter used together with the ICE Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies (also included in this library) describes the system for securing attendance at court hearings for immigrants in ICE immigration detention. For parents in immigration detention this letter and the Non-Medical Emergency escort policy has been replaced by the 2013 Parental Interest Directive (also included in this library). This letter and the Non-Medical Emergency escort policy will have continued availability for use by courts and attorneys seeking to have detained immigrants appear in court for proceeding that do not involve children.
A court template to order retroactive child support.
A template (covering employment of husband, Jose Sample).
A statement template from an employer, covering employment for husband (or wife) and financial statement.
A template for an affidavit from the spouse’s employer regarding employment.
A cover letter sample for employer’s affidavit and statement.