Spanish translation of infographic produced by the U.S. Department of Homeland Security providing an overview of crime victim based legal protections for adult and child immigrant victims. This infographic covers immigration relief for victims who suffer victimization in the U.S. and/or abroad. The forms of relief covered are: VAWA self-petition, U visa, T visa, Continued Presence, Special Immigrant Juvenile Status (SIJS) and Asylum. The infographic contains links to DHS websites containing additional government produced training materials and information on these programs, application forms and instructions.
The Three Prongs of VAWA Confidentiality Protections for Immigrant Victims of Domestic Violence, Sexual Assault, Human Trafficking and Other U Visa Criminal Activities VAWA confidentiality was designed to enhance protection for immigrant crime victims in several significant ways. It allows victims to confidentially file for immigration relief under by prohibiting government agencies (DHS, the Department […]
NIWAP Newsletter • Benefits Comparison • October 2014 For the full newsletter click here!
This memorandum serves to rescind the February 3, 2016, memorandum (“Revised Docketing Practices Relating to Certain EOIR Priority Cases”) and the March 24, 2015, memorandum (“Docketing Practices Relating to Unaccompanied Children Cases and Adults with Children Released on Alternatives to Detention Cases in Light of New Priorities”).
Instructions for completing form I-765V application for work authorization for abused immigrant spouses of A E(3), G and visa holder abusive spouses.
Application for Work Visa for abused Spouses of A, E(3), G and H visa holders.
February 14, 2017 Announcement from NIWAP and Raksha USCIS is now accepting employment authorization applications from abused immigrant spouses of H, G, A and E (3) visa holders. The Violence Against Women Act of 2005 amended Section 106 of the Immigration and Nationality Act to provide access to legal work authorization for abused spouses of […]
NIWAP Newsletter • VAWA Confidentiality • January 2015 The National Immigrant Women’s Advocacy Project (NIWAP, pronounced new-app) is pleased to announce a series of newsletters specialized by topic that we are developing in our capacity as national technical assistance providers under our Office on Violence Against Women, U.S. Department of Justice, grant. This newsletter, the […]
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 […]
Brochure discussing the various forms of immigration relief that lead to lawful permanent residency that may be available for immigrant children and youth. This tool should be used by advocates, attorneys, teachers, school personnel and university staff to screen children and young people for forms of immigration relief that includes pathways to lawful permanent residency.
Identifying Immigration Options for Immigrant Survivors How to Prepare Your Case Through A Trauma Informed Approach: Tips on Using the Trauma Informed Structured Interview Questionnaires for Family Court Cases Developing a survivor’s story is a critical component of preparing for any case in which a client has a history of domestic violence, sexual assault, dating violence, […]
Deferred Action for Childhood Arrivals (DACA) materials from Public Counsel – Sample biometrics letter, closing letter, and sample DACA application. Public Counsel Sample Biometrics Letter For DACA Applicants Sample biometrics letter explaining how a DACA applicant should go about completing a CIS biometrics request and what to do if s/he is turned away by the Application Support Center. Public Counsel Sample DACA […]
The list of recommendations determined by the ACFRC referring to best practices for detained immigrants at family residential centers.
This Amicus brief was submitted to the Board of Immigration Appeals and addresses an important issue presented by Amicus Invitation No. I 6-06-09, focusing on how the term “minor” should be defined and understood by the Board in child asylum cases in light of the substantial body of recent research concerning the neurobiological, cognitive, and psychological development of children and adolescents. This brief will focus on the significant and deleterious effect trauma and
maltreatment have on that development, including the impact of impaired development on the readiness of child migrants to file asylum applications.
U.S. Immigration and Customs Enforcement Policy that pregnant women will generally not be detained by immigration officials absent extraordinary circumstances.
Infographic produced by the U.S. Department of Homeland Security providing an overview of crime victim based legal protections for adult and child immigrant victims. This infographic covers immigration relief for victims who suffer victimization in the U.S. and/or abroad. The forms of relief covered are: VAWA self-petition, U visa, T visa, Continued Presence, Special Immigrant Juvenile Status (SIJS) and Asylum. The infographic contains links to DHS websites containing additional government produced training materials and information on these programs, application forms and instructions.
The Department of Homeland Security (DHS) released an infographic detailing the protections afforded to immigrant victims. This interactive infographic describes qualifications and benefits for each form of immigration relief designed to help immigrant victims. When you click on each form of relief, a link takes you to a DHS webpage with further information, brochures and […]
The Department of Homeland Security has published this brochure to provide information on continued presence, a temporary immigration status for victims of human trafficking.
The Department of Homeland Security released instructions to assist petitioners in filing I-730.
Form I-730 must be filed by petitioners seeking immigration relief for refugee or asylee relatives. This form expires on April 30, 2017, however, it remains current until an updated form is released.
The Department of Homeland Security published instructions to assist asylum seekers in filing Form I-589.
Form I-589 must be filed by petitioners seeking asylum. This form expired on December 31, 2016, however, it remains current until an updated version is issued.
The Department of Homeland Security released instructions to assist petitioners seeking T visa immigration relief in filing the I-914 Supplement B form.
Form I-914 Supplement B must be completed and filed by petitioners seeking T visa immigration relief. This form expires on January 31, 2019, however, it remains up to date until an updated version is issued.
Form I-914 must be filed by petitioners seeking T visa immigration relief. It expires on January 31, 2019, however, will remain in effect until a new form is issued.
The Department of Homeland Security provided instructions to assist petitioners filing for T visa immigration relief.
Form I-914 must be filed for victims of human trafficking to receive immigration relief. This form expires on January 31, 2019, however, it will remain valid until an updated form is issued.
The Department of Homeland Security issued this policy memorandum to provide guidance about extensions of status for T and U nonimmigrants, including any related applications for adjustment of status.
The Department of Homeland Security issued instructions to assist U-visa petitioners in completing I-918 Supplement B to certify nonimmigrant status.
Form I-918 Supplement B must be signed by an authorized official of the certifying law enforcement agency in order to file for U visa immigration relief. This form expired on January 31, 2016, however, it remains up to date until a new form is issued.
The Department of Homeland Security provided these instructions to assist U-visa petitioners complete Form I-918.
Form I-918, Supplement A can be filed to petition for immigration relief as a qualifying family member of a U visa recipient. It expired on January 31, 2016, however, it remains in force until an updated form is issued.
Form I-918 should be filed by victims of domestic violence, sexual assault, felonious assault, trafficking, or other serious crimes in order to petition for immigration relief. The form expires on January 31, 2016, however, it will remain in force until an updated form is issued.
The Department of Homeland Security issued these instructions to assist petitioners filing the I-360 form for immigration relief.
The Department of Homeland Security has provided an optional checklist to assist petitioners filing an I-360 form.
The I-360 form is to be filed by victims of domestic violence perpetrated by a U.S. citizen or lawful permanent resident spouse or parent or U.S. citizen adult son or daughter to receive immigration relief. This form expires on 3/31/18, however, this form will remain in effect until a new form is issued.
DHS Blue Campaign outreach and educational brochure for NGO’s and Faith Based groups working with human trafficking survivors.
USICIS victim support factsheet on supporting and stabilizing victims to enable case investigation and prosecutions for law enforcement, first responders, and healthcare professionals.
USCIS factsheet on supporting and stabilizing victims of human trafficking NGOs and faith-based organizations.
USICIS factsheet on identifying victims and reporting suspected cases of human trafficking for law enforcement, first responders, and healthcare professionals.
USICIS factsheet on recognizing and supporting trafficking victims in the courtroom.
USCIS brochure on its Blue Campaign program that is responsible for working in collaboration with law enforcement, government, and NGOs to protect victims and arrest exploiters involved in human trafficking.
Information about the forms of immigration relief and the distinct roles that HSI, USCIS, and law enforcement officials play in assisting victims of human trafficking and other crimes.
USCIS factsheet on human trafficking and risk factors
USCIS factsheet on human trafficking and risk factors for school administrators and staff.
Department of Justice Guidance, issued in 1997, on applying the “any credible evidence” standard to prove battery or extreme cruelty.
A model policy that endorses the use of the U Visa as a crime fighting tool for law enforcement agencies to better serve immigrant victims of crime.
Instructions for filling out Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons
USCIS brochure on special immigrant juvenile status (SIJS) describing special immigration protections for immigrant children who have been abused, abandoned, or neglected by one or both of their parents. The abuse could have happened in the U.S. or abroad.
DHS Enforcement Priorities: Policies and Memoranda Information for State Court Judges. These DHS enforcement policies protect T and U visa holders as well as VAWA self- petitioners; however, they also apply in any family case where a foreign born person comes before the court.2 The purpose of this bench card is to inform courts about DHS protections available to all immigrants so that the court can assess cases with an understanding of real policies and see official memoranda describing the intended protections available.
Operation U Visa PowerPoint (PDF)
Road Map to Safer Communities PowerPoint (PDF)
Advocate’s Role in VAWA and U Visas PowerPoint (PDF)
Advanced Custody PowerPoint (PDF)
Advanced Immigration PowerPoint (PDF)
Exploring Social Cultural and Faith Communities as Allies PowerPoint (PDF)
Comparison Chart of U visa, T Visa, Violence Against Women Act (VAWA) Self-Petition, Special Immigrant Juvenile Status (SIJS), and Deferred Action for
Childhood Arrivals (DACA)
Identifying Immigration Options Powerpoint (PDF)
January 26, 2017 As a key part of the Violence Against Women Act (VAWA) passed by Congress in 1996 and 2003, battered immigrant spouses and children abused by their U.S. citizen or lawful permanent resident spouses or parents who had filed applications for immigration relief under VAWA have access to public and assisted housing. For […]
Cover letter to memo from HUD Acting General Counsel to Secretary Castro clarifying that certain immigrant victims battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent spouses have satisfactory immigration status to apply for and access Section 214 public and assisted housing including public and multifamily housing.
This memo from HUD’s Acting General Council to Secretary Castro clarifies HUD’s position on the rights of certain noncitizens who are battered or subject to extreme cruelty by a spouse or parent, who is a Untied States Citizen or lawful permanent resident (LPR), to apply for and receive assistance under Section 214 of the Housing and Communality Development Act. Specifically it clarifies that VAWA self-petitioners can indicate they are in “satisfactory immigration status” when applying for assistance or continued assistance from Section 214-covered housing providers (this includes public and multifamily housing). Under this memo VAWA self-petitioners, VAWA cancellation of removal, VAWA suspension of deportation and approved family based visa petition applicants who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse or parent are able to stay in public and assisted housing units when the abuser is removed from the unit by a protection order and will also be able to apply for 214 benefits. Battered immigrant spouses and children of citizens and lawful permanent residents will no longer be subject to proration.
This notice reports on the trainings conducted by the Immigration and Customs Enforcement’s Office of Principal Legal Advisor on VAWA Confidentiality and immigration protections for victims for ICE Assistant chief counsel and Enforcement and removal officers. The goal of this training was to ensure that all ICE Trial Attorneys and the Assistant Chief Counsel they report to are aware of the requirements of VAWA confidentiality and the protections available to immigrant crime victims under the VAWA, T visa, and U visa programs and under the 2011 Victim Witness Memo. The document lists the process for contacting the ICE Office of Chief Counsel for problems with particular cases and the point of contact at OPLA on VAWA confidentiality.
How the Justice System can Respond to Intersections of Immigration Status, Gender, and Culture (Powerpoint PDF)
How the Justice System can Respond to Intersections of Immigration Status, Gender, and Culture (Powerpoint)
Sexual Assault, Dating Violence, and Stalking on Campus: When Foreign-born Students are Victims (Powerpoint)
Sexual Assault, Dating Violence, and Stalking on Campus: When Foreign-born Victims Become Targets (Powerpoint PDF)
Opening Plenary – Addressing Culture: Systematic Responses to Underserved Immigrant Populations
Opening Plenary – Addressing Culture: Systematic Responses to Underserved Immigrant Populations
This document discusses the findings of a survey conducted focusing on foreign-born students who are victims of sexual assault, dating violence, domestic violence, stalking, human trafficking, and sexual harassment. The students surveyed were: undocumented, DACA, F/M/J visa holders, VAWA/ U/ T visa holders, or lawful permanent residents.
This document discusses the results of a survey conducted on foreign-born student-victims of sexual assault, dating violence, domestic violence, stalking, human trafficking, and sexual harassment. It looks at the types of individuals and organizations that these victims approach for help and suggests ways to improve reporting. The students surveyed were either: undocumented, have DACA, have F/J/M visas, have VAWA/ U/ T visas, or are lawful permanent residents.
This document explains the requirements of the M visa and suggests interim measures that educational institutions may provide foreign born student victims of sexual assault, dating violence, stalking, and sexual harassment.
This document discusses the requirements of the J visa and suggests possible interim measures educational institutions may use to assist foreign born student victims of sexual violence who carry the J visa.
This document discusses the specific needs of foreign born student victims of sexual assault who carry an F visa. It explains the requirements of the visa and possible interim measures educational institutions can provide to assist these students.
This document suggests various interim measures for colleges, universities, high-schools, elementary schools, and other educational institutions to utilize when assisting foreign born students who have been victims of sexual violence, dating violence, and stalking. This discusses the types of interim measures that would be useful for students with varying immigration statuses, including: F, M, and J visa holders, DACA, VAWA, T and U visa, and undocumented students.
Checklists of evidence for various immigration benefits needs. T-Visa Document and Evidence Checklist U Visa Evidence Checklist Evidence List for Immigrant Victims Applying for the Crime Victim Visa (U-Visa) Evidence Checklist for Immigrant Victims Applying for VAWA Cancellation of Removal (English) 2008 Self-Petitioning Checklist (Spanish) 2008 Listas de Documentos para Mujeres Maltratadas Immigration Protection Screening […]
Summary of reasons why DACA can be beneficial for certain immigrant crime victims. Many immigrant survivors of domestic violence, sexual assault, and human trafficking who are eligible to apply for immigration relief under the Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPA)–and their derivatives–also qualify for the new deferred action program […]
This PSA was developed by the Department of Homeland Security for its Blue Campaign, which fights human trafficking. Please share widely! The link address is: http://youtu.be/yKQSXv5Efvg
Trafficking Victims Protection and Reauthorization Act of 2008 Trafficking Victims Protection and Reauthorization Act of 2008: Statute (As Enacted) Trafficking Victims Protection and Reauthorization Act of 2008, H.R. 7311 (Analysis of Selected Sections (§§ 105, 201, 204, 205, 211, 212, 238) Prepared by Legal Momentum) Trafficking Victims Protection and Reauthorization Act of 2005 Trafficking Victims Protection and […]
For purposes of Special Immigrant Juvenile Status Cases when immigrant children are seeking state court findings for SIJS predicate orders, states are to apply state court definitions of abuse and neglect to the facts of the child’s case without regard to the location where the abuse or neglect occurred in the U.S. or abroad. The […]
Sample Questions for Identifying a Trafficked/Enslaved Person
Original U-visa statue text including the Congressional Findings and Purpose.
Application for a battered spouse or child who has self-petitioned.
Public benefits that U visa victims can access are very limited. This fact sheet discusses the public benefits that are available to U visa victims largely through state funded public benefits in a limited number of states.
Webinar in collaboration with the Battered Women’s Justice Project
Early DHS memos on prosecutorial discretion memo superseded by ” Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems” (November 29, 2014) available at http://niwaplibrary.wcl.american.edu/pubs/imm-gov-icememodetainerpolicy-12-21-12/
Webinar Co-led by NIWAP and the University of Michigan.
Report on the handling of Violence Against Women Act Cancellation of Removal cases by the Board of Immigration Appeals and a call for setting up a specialized panel of judges at the BIA to review all VAWA cases.
Interim Guidance policy memorandum implementing VAWA 2013 statutory changes to the U visa program. This memo adds new crimes, discusses age out protections for U visa children, the public charge exception for VAWAs, Ts and Us, U visa adjustment of status improvements, and access to foster care and unaccompanied refugee minor programs for certain u visa recipients.
Webinar in collaboration with BWJP
USCIS issued this policy memorandum implementing the provisions of VAWA 2005 and 2000 granting continuing eligibility to apply for lawful permanent residency without the help or knowledge of their abusive spouse to abused spouses and children of Cubans who have applied for lawful permanent residency under the Cuban Adjustment Act (CAA) or who qualified under the CAA but obtained lawful permanent residency thought another type of immigration case. To qualify an abused immigrant must be the spouse/child of a Cuban national described in the CAA. When the Cuban spouse meets these conditions: the abused spouse/child may self petition for lawful permanent residency even if they are separated from the abuser and if still married to the abusive Cuban spouse or if less than two years have passed since the abusive Cuban spouse’s death or the termination of their marriage to the abused spouse.
“USCIS plans to implement a policy for principal U visa petitioners on the waiting list who reside abroad and any qualifying derivative family members who reside abroad to request parole to enter the United States while the principal U visa petitioner is on the waiting list. USCIS recognizes that the U visa provides lawful immigration status to a vulnerable population, and USCIS believes that this population will be better served through an established and streamlined process to request parole.”