El Departamento de Seguridad Nacional ha producido una infografía que provee un resumen de protecciones legales para víctimas de crimen quien son adultos y niños. Esta infografía provee protección sobre inmigración para víctimas que sufren abuso en los estados unidos y/o en el extranjero. Las formas de alivio son: VAWA auto petición, Visa U, Visa T, Presencia Continua, Estado Especial de Inmigrante Juvenil (SIJS) y Asilo. Esta infografía tiene enlaces al sitio de web de DHS con materiales de entrenamiento e información sobre estos programas, formas de aplicaciones e instrucciones producido por el gobierno.
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.
This newsletter provides information and links to resources on a number of issues including gender based asylum and access to legal services corporation funded representation for immigrant victims of domestic violence, sexual assault, and human trafficking and the parental interest directive policy through which DHS officials are required to facilitate participation in court cases involving their children for detained immigrant parents.
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.
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, which is also available in Spanish, 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 […]
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.
These slides will be presented during the webinar entitled “Advocates’ Introduction to Gender-Based Asylum for Survivors of Domestic Violence and Sexual Assault” presented by the National Immigrant Women’s Advocacy Project (NIWAP) in partnership with Tahirih Justice Center, American Gateways and California Coalition Against Sexual Assault (CALCASA) on May 6, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/GBAasylum.
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 […]
This 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 sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]
This chapter is designed to help advocates and attorneys not trained in immigration law identify when a survivor might be eligible for gender-based asylum and explain how to help a survivor develop the evidentiary record necessary to succeed in bringing a gender-based asylum claim.
This chapter is designed to help advocates and attorneys not trained in immigration law identify when a survivor might be eligible for gender-based asylum and explain how to help a survivor develop the evidentiary record necessary to succeed in bringing a gender-based asylum claim. Survivors of domestic violence and sexual assault who fear returning to their home country may be able to obtain lawful status in the United States by applying for gender-based asylum. If an applicant is successful in her application for asylum, she will be authorized to live and work in this country; subsequently apply to become a lawful permanent resident; and eventually become a U.S. citizen.
A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.
This manual offers guidance on how relevant human rights treaties, instruments, jurisprudence, and other sources may be useful for domestic violence advocacy. Divided into seven chapters, it aims to serve as a quick reference for busy advocates.
Questions and answers regarding procedures for unaccompanied children seeking asylum.
This confidentiality fact sheet contains a synopsis of the regulations, the regulations in their entirety, and responses to some frequently asked questions, which cover a broad array of issues and scenarios.
The purpose of this memorandum is to provide further guidance to CIS personnel concerning the effect of Section 4 and 5 of the CSPA on petitions for children following to join an asylee or refugee and for purposes of adjustment of status under Section 209 of the act.
A news release on the Attorney General and the Commissioner of the Immigration and Naturalization Service’s (INS) announcement regarding the publication of regulations that establish a broad analytical framework for the consideration of asylum claims based on membership in a particular social group. The proposed rule recognizes that victims of domestic violence may qualify for asylum under the Immigration and Nationality Act (INA).
This rule proposes to amend the Immigration and Naturalization Service regulations that govern establishing asylum and withholding eligibility. This rule provides guidance on the definitions of “persecution” and “membership in a particular social group,” as well as what it means for a persecution to be “on account of” a protected characteristic in the definition of a refugee.
Questions and answers on the rule from Matter of R-A- regarding gender-based asylum claims.
A brief on gender-based asylum for domestic violence victims.
Memorandum written to provide the INS Asylum Officer Corps (AOC) with guidance and background on adjudicating cases of women having asylum claims based wholly or in part on their gender.
This case presents the issue of whether the applicant may qualify for asylum based on her fear of domestic violence. More specifically, this case raises the question whether the applicant’s fear of domestic violence may establish a well-founded fear of persecution on account of membership in a particular social group. The Department of Homeland Security (DHS) argues that, under some limited circumstances, a victim of domestic violence can establish eligibility for asylum on this basis, and that the applicant in this case has established such eligibility.
Supplemental Brief from the DHS regarding asylum applicant filing for withholding of removal under Convention Against Torture (CAT) based on past harm and fear of future harm from domestic violence.
This decision looks at the cases of Salimatou Bah v. Michael Mukasey, Attorney General, Mariama Diallo v. Department of Homeland Security, and Haby Diallo v. Department of Homeland Security (consolidated for disposition); regarding Female Genital Mutilation (FGM).
The Board of Immigration Appeals (BIA) on August 26, 2014 issued a precedent setting ruling that established the circumstances under which victims who suffer domestic violence in their home country will be eligible to received gender based asylum in the United States. This reading looks at a case where a battered spouse petitioned for asylum and withholding of removal in the United States after her husband repeatedly abused her in Guatemala.
This study was designed to identify problems and social service needs of undocumented Filipina, Latina, and Chinese women in the Bay Area. Undocumented women in the Bay Area are a growing and neglected population in need of services. This study examines the factors causing increased migration by women to the U.S., and how these factors influence women’s lives once they are here. Findings of this study reveal the economic hardship of undocumented women and their families and provide insight into immigrant women’s experiences with domestic violence. This survey was the precursor to the survey conducted in the early 1990s by Ayuda.