Immigration > VAWA Cancellation & Suspension
Topic: VAWA Cancellation & Suspension
Materials regarding VAWA cancellation and suspension.
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[pdf] Idinyan (August 9 2005) Board of Immigration Appeals (+)
Nvart Idinyan (formerly Nvart Huckfeldt) (August 9 2005) Board of Immigration Appeals. The National Network to End Violence Against Immigrant Women, represented by Crowell and Moring, filed this amicus in support of the immigration judge’s finding that plaintiff qualified for cancellation of removal under VAWA and refuting DHS assertion that once a victim reached a “safe house” she should no longer have access to VAWA provisions. (Crowell and Moring, Pro Bono)
[pdf] Perales v. Ashcroft (2003) US Court of Appeals 10th Circuit (+)
Perales v. Ashcroft, U.S. Court of Appeals 10th Circuit (2003). Legal Momentum, represented by National Immigration Project of the National Lawyers Guild, BIA, Arnold and Porter, submitted this amicus brief discussing the any credible evidence standard and the definition of battery or extreme cruelty in an immigrant victim’s Violence Against Women Act suspension of deportation case.
[pdf] Rosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit (+)
Rosario v. Holder (May 10 2010) US Court of Appeals 2nd Circuit. National Network to End Violence Against Immigrant Women respectfully moves pursuant to Federal Rule of Appellate Procedure for 29 for leave to file an amicus brief in support of Appellant Josefa Rosario. Client placed in removal proceedings, concedes removability and applies for VAWA Cancellation of Removal. IJ denies cancellation based on finding that there is not substantial evidence of battery to the extent envisioned by the statute and not substantial evidence of extreme hardship. BIA affirms IJ. The decision was wrong because the IJ ignored an analysis of extreme cruelty completely and even though Ms. Rosario and her witness were found to be credible – focused on the lack of police reports and medical records – thereby holding her to a standard higher than the any credible evidence standard. Battery and extreme cruelty are non-discretionary determinations that can be reviewed by that court. Ms. Rosario has now filed brief with 2nd Circuit.
[pdf] In the Matter of M.A. (March 23 2020) Board of Immigration Appeals (+)
In the Matter of M-A. (2020) Brief filed with the Board of Immigration Appeals. NIWAP was lead amicus in an appeal to the Board of Immigration Appeal in a case of first impression challenging an Immigration Judge’s denial of VAWA cancellation of removal to an LGBTQ+ immigrant victim of spouse abuse who suffered multiple VAWA confidentiality violations including Immigration and Custom’s Enforcement informing the court they planned to call the perpetrator as a witness, submitting an affidavit by the perpetrator that the immigration judge relied upon to deny the victim VAWA cancellation of removal, the immigration court failing to remove the victim’s case from the publicly available computer system and numerous other VAWA confidentiality violations. The brief provided detailed legislative, regulatory and policy history on VAWA confidentiality and discussed each of the numerous VAWA confidentiality violations occurring in this case by Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services, the immigration judge and the immigration courts. (March 24, 2020)
[msword] Perales-Cumpean, Amicus Brief Board of Immigration Appeals, U.S. Court of Appeals 10th Circuit (October 16 2003) (+)
Perales-Cumpean, A76 386 969, Board of Immigration Appeals (2001), U.S. Court of Appeals 10th Circuit (2003). Amicus brief discussing the any credible evidence standard and the definition of battery or extreme cruelty in an immigrant victim’s Violence Against Women Act suspension of deportation case (National immigration Project of the National Lawyers Guild, BIA, Arnold and Porter, Pro Bono 10th Circuit)
[pdf] Aguilar-Jimenez Board of Immigration Appeals (2002) (+)
Aguilar-Jimenez, Board of Immigration Appeals (2002). Amicus brief discussing the “extreme cruelty” and “extreme hardship” standards in the context of requests for suspension of deportation under VAWA, specifically that extreme cruelty includes the psychological and emotional abuse imposed on a child who is forced to watch as a parent is battered by another parent. (Crowell and Moring Pro Bono)
[pdf] Rosalina Lopez-Umanzor Board of Immigration Appeals and the U.C. Court of Appeals for the 9th Circuit (2004) (+)
Rosalina Lopez-Umanzor, Board of Immigration Appeals (2004) and the U.C. Court of Appeals for the 9th Circuit (2004). Amicus briefs discussing violations of a victim’s due process rights when an immigration judge denies the victim the opportunity to present expert testimony on domestic violence in a cancellation of removal case and presenting social science data that influences how judges should make credibility determinations in VAWA cancellation of removal cases (Kirkpatrick and Lockhart, Pro Bono 9th Circuit, O’Melveny and Myers, Pro Bono BIA).
[pdf] Obiaga and Berrocal v. Ashcroft, (2005) U.S. Court of Appeals 9th Circuit (+)
Obiaga and Berrocal v. Ashcroft, U.S. Court of Appeals 9th Circuit (2005). Amicus brief discussing any credible evidence rules and extreme cruelty in VAWA Cancellation of Removal cases. (National Immigration Project of the National Lawyers Guild).
[pdf] Nvart-BIA-Appeal-Brief-1 (+)
Nvart Idinyan (formerly Nvart Huckfeldt), Board of Immigration Appeals (2005). Amicus was filed in support of immigration judges finding that plaintiff qualified for cancellation of removal under VAWA and refuting DHS assertion that once a victim reached a “safe house” she should no longer have access to VAWA provisions. (Crowell and Moring, Pro Bono)
[pdf] Sanchez v. Gonzalez, Amicus Brief U.S. Court of Appeals for the 7th Circuit (November 8 2006) (+)
Sanchez v. Gonzalez, U.S. Court of Appeals for the 7th Circuit (2006). Amicus brief discussing the Violence Against Women Act’s legislative history and purpose and the special motion to reopen provisions designed for immigrant victims filing VAWA cancellation of removal cases. The trial court and BIA failed to offer Sanchez access to VAWA’s motion to reopen provisions. Additionally, Sanchez’ trial counsel was unfamiliar with VAWA’s special rules and provided Ms. Sanchez with ineffective assistance of counsel. (K&L Gates, Pro Bono).
[pdf] Ramirez Amicus Brief in Support of Appeal, Board of Immigration Appeals (January 26 2007) (+)
Ramirez-Avila, Board of Immigration Appeals (2007). Amicus brief discussing the Violence Against Women Act’s lesser extreme hardship standard and the approach to be taken in VAWA cancellation of removal cases with regard to good moral character. (Arnold and Porter, Pro Bono).
[pdf] Leiva-Mendoza v. Holder (April 22 2011) United States Court Of Appeals For The 8th Circuit (+)
Leiva-Mendoza v. Holder, United States Court Of Appeals For The 8th Circuit (April 2 2011) discusses how a child’s witnessing of serious domestic violence perpetrated against their parent is a basis for granting VAWA cancellation of removal to children who witness domestic violence perpetrated against their parent even in cases in which the children have not themselves been abused. This amicus brief provided the court with the relevant research data on harm to children of witnessing abuse in the home and argued that requiring proof of “actual harm” to the child is not required to prove “extreme cruelty.”
[pdf] Access to Publicly Funded Legal Services for Immigrant Survivors (2014) (+)
In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.
[pdf] USCIS Naturalization for VAWA Lawful Permanent Residents (September 21, 2022) (+)
Fact Sheet developed by USCIS describing the benefits and process for abused immigrant spouses, children and parents who obtained lawful permanent residency through forms of Violence Against Women Act (VAWA) immigration relief.
[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)
This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.
[pdf] Chapter 03.4: VAWA Cancellation of Removal (July 10, 2013) (+)
This chapter provides basic information on VAWA cancellation of removal, lists the eligibility requirements that must be met by an applicant, and provides some suggested examples of evidence that an attorney or advocate may offer to meet each requirement. This chapter is designed to help advocates and attorneys who are not immigration attorneys identify immigrant victims who may be eligible for cancellation of removal. The information provided will also be useful to immigration attorneys who may not have experience with domestic violence, sexual assault, or incest cases. This chapter will help them to work in collaboration with advocates and other attorneys assisting immigrant victims. The most successful cancellation of removal cases are those in which advocates and civil attorneys support the efforts of the immigration attorney.
[pdf] Amicus Brief Matter of MA (March 23, 2020) Board of Immigration Appeals (+)
The amici submit this brief in support of Respondent (“Mr. M.A.”) seeking reversal of the Executive Office for Immigration Review (“EOIR”) immigration judge’s October 17, 2019 decision denying Mr. M.A’s petition for (a) Violence Against Women Act (“VAWA”) cancellation of removal pursuant to Section 240A(b)(2) of the Immigration and Nationality Act (“INA”); (b) asylum pursuant to Section 208 of the INA; (c) withholding of removal pursuant to Section 241(b)(3) of the INA; and (d) protection under the Convention Against Torture, pursuant to 8C.F.R.§1208.16. Amici specifically submit this brief requesting the Board of Immigration Appeal (“Board”) to remedy the flagrant and egregious violations of VAWA’s confidentiality provisions that occurred in Mr. M.A.’s detention and removal proceedings. The Board should remedy these violations by terminating the present removal proceedings— a measure envisioned by Congress when it renewed the VAWA legislation in 2005 (see infra Sections III, IV), or, in the alternative, by reversing and remanding this matter to a different immigration judge.
[pdf] Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (December 29, 2021) (+)
The public benefits flow charts pertain to VAWA self-petition and cancellation, U-Visas, T-Visas, and Special Juvenile Immigrant Status (SIJS). Specifically, the charts explain access to federal and state public benefits for battered immigrant spouses and children of U.S. citizens or lawful permanent residents, victims of human trafficking, U-Visa victims, and SIJS victims.
[pdf] Birru v. Wilkinson 9th Circuit Court of Appeals (January 22, 2021) (+)
Aylaliya Assefa Birru v. Barr (January 11 2021) 9th Circuit Court of Appeals. NIWAP, represented by
Baker McKenzie, is lead amicus in a brief on behalf of an immigrant domestic
violence victim who is seeking relief under the Violence Against Women Act’s domestic violence victim
waiver in her VAWA cancellation of removal case. The Board of Immigration Appeals and the
immigration judge denied her the ability to present evidence of waiver eligibility.
[pdf] Laura Luis-Hernandez v Ashcroft 9th Circuit Federal Court of Appeals Amicus Brief (Extreme Cruelty) (October 14, 2002) (+)
Amicus Brief on Extreme Cruelty filed in the 9th Circuit on a VAWA suspension of deportation case.
[pdf] Laura Luis Hernandez v John Ashcroft 9th Circuit Court of Appeals (October 7, 2003) (+)
9th Circuit Ruling on VAWA suspension of deportation action discussing extreme cruelty.
[pdf] Battered Spouse or Child Waiver for Victims of Domestic Violence Present as Conditional Lawful Permanent Residents (2014) (+)
Chapters on Battered Spouse Waiver and VAWA Cancellation of Removal with useful check lists. In immigration Relief: Legal Assistance for Noncitizen Crime Victims, American Bar Association.
[pdf] IIRAIRA Legislative History Conference Report (September 24, 1996) (+)
Includes preservation of VAWA self-petitioning, creation of VAWA cancellation of removal, creating VAWA confidentiality requirements, and exempting battered immigrants from deeming (see pp 32, 49, 108-109, 129-130, 139, 150 for statutory text and pp 208, 214, 231, and 238 for legislative history). Included battered spouse waiver, VAWA self-petitioners and VAWA suspension of deportation in VAWA confidentiality protections. IIRAIRA is the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
[pdf] A License to Abuse: The Impact of Conditional Status on Female Immigrants (April 1, 1993) (+)
This article discusses the need for immigration protections for abused immigrant spouses, the legislative history of the Marriage Fraud Act Amendments, the Battered Spouse Waiver, problems with Battered Spouse Waiver regulations, the need for and legislative history of the VAWA self-petition, and the need for VAWA’s any credible evidence rules.
[pdf] Comparing VAWA Suspension of Deportation, VAWA Cancellation of Removal, VAWA Nicaraguan and Central American Relief Act (NACARA), and VAWA Self-Petitioning Chart (January 28, 2021) (+)
This chart provides an overview that compares the eligibility requirements, inadmissibility waivers and exclusions, and access to immigraiton relief, work authorization, lawful permanent residency, public benefits and the ability to protect include family members in the protections received between four of the forms of immigraiton relief created by the Violence Against Women Act to protect immigrant victims of spouse abuse, child abuse and elder abuse. Three of the forms of immigration relief VAWA cancellation of removal, VAWA suspension of deportation, and VAWA NACARA are applications that may only be filed in immigration court after the victim has been placed in removal, deportation or exclusion proceedings. Victims who are in removal proceedings may at the same time file VAWA self-petitions. In cases of abusive citizen spouses or parents, once the self-petition has been granted the victim can seek adjustment of status to lawful permanent residency from the immigration judge.
[pdf] Lista de materiales Auto-Petición VAWA (+)
Esta lista incluye todos los materiales y herramientas importantes en español para que los abogados, jueces, defensores, etc. ayunden a los víctimas idóneos para la Auto-Petición VAWA.
[pdf] Seminario Web Auto-Petición VAWA PowerPoint (+)
Esta presentación explica los requisitos para la Auto-Petición VAWA. También la presentación incluye los requisitos para la VAWA Ley de Equidad de Inmigración de Refugiados Haitianos (HRIFA), Ley de Ajuste Cubana VAWA (CCAW), Suspensión / Cancelación de VAWA y Ley de ayuda Nicaragüense y Centroamericana (NACARA) VAWA. Toda la información es en español.
[pdf] DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims)(Marzo 1, 2017) (+)
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.
[pdf] VAWA Self-Petition Webinar PowerPoint (+)
This presentation is an overview of VAWA Self-Petition and encompasses all of the basic information on VAWA Self-Petition qualifications and applications. It also breaks down several specific VAWA Self-Petitions based on country of origin, including VAWA HRIFA, VAWA NACARA, and VAWA CAA.
[pdf] IIRAIRA Public Law 104-208_9.30.96 626-628 Sec 309 (+)
[pdf] VAWA-Suspension-of-Deportation-Interliniated-Statute (+)
This document tracks amendments creating VAWA suspension of deportation in 1994 and amendments occurring to VAWA suspension of deportation by VAWA 2000 and VAWA 2005. Please note that VAWA suspension of deportation continues as an option for battered spouses and children of U.S. citizen and lawful permanent resident abusers despite the fact that suspension of deportation was removed from the Immigration and Nationality Act by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The code section that used to apply to suspension of deportation including VAWA suspension of deportation was INA Section 244. When suspension of deportation was replaced by cancellation of removal the INA section that had been used for suspension of deportation was reassigned to Temporary Protected Status. Although the code section was eliminated from the INA for VAWA suspension of deportation the immigration relief remains available for battered immigrant spouses and children of US citizens and lawful permanent residents and VAWA suspension of deportation has continued to be improved in subsequent reauthorizations of VAWA.
[pdf] VAWA Application for Suspension of Deportation – EOIR-40 Form (+)
Application and useful instructions for VAWA suspension of deportation.
[pdf] VAWA-Confidentiality-History-Purpose-and-Violations (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter contains detailed legislative history on the development and evolution of the Violence Against Women Act (VAWA) confidentiality protections under U.S. immigration laws. VAWA’s immigration confidentiality protections accomplish three objectives: 1) preventing DHS, DOJ and the U.S. State Department from relying on information provided by a perpetrator or the perpetrator’s family member to harm victims; 2) barring the release by government officials of information about the existence of, actions taken in, or materials contained in a VAWA confidentiality protected case file; and 3) establishing a list of protected locations at which immigration enforcement actions in cases involving immigrant crime victims are not to take place. This chapter discusses each of these protections in detail and includes statutory and legislative history, regulations and government policies implementing VAWA confidentiality protections. This chapter also contains a discussion of sanctions applicable to DHS, DOJ, and State Department officials when VAWA confidentiality violations occur.
[pdf] Immigration Options for Victims of Crimes (+)
Produced by the U.S. Department of Homeland Security covering Violence Against Women Act self-petitions, U visas and T visas. Information on Special Immigrant Juvenile Status and Deferred Action for Childhood Arrivals has been added by the National Immigrant Women’s Advocacy Project, American University, Washington College of Law. Downloadable one page (two sided brochure) available in English, Spanish, Russian, Korean, and Chinese.
[pdf] Factors That Can Demonstrate That It is Not in a Child’s Best Interests to be Returned to Their Home Country (+)
Information regarding required SIJS finding that states that it is not in the best interests for the child to be returned to the child’s or their parent’s home country; steps the courts should take when making this SIJS finding; and factors to consider when making this finding.
[pdf] DHS Infographic – Thai (+)
[pdf] Appendix G – DHS Immigrants Options for Victims of Crime (English) (+)
This Appendix provides a snapshot of immigrant’s options for victims of crime.
[pdf] DHS Protections for Immigrant Victims – Russian (+)
СРЕДСТВА ЗАЩИТЫ ДЛЯ ИММИГРАНТОВ – ЖЕРТВ ПРЕСТУПЛЕНИЙ
[pdf] DHS Protections for Immigrant Victims – Chinese (+)
DHS Protections for Immigrant Victims – Chinese 对遭受犯罪行为侵害的移民的保护
[pdf] DHS PROTEÇÕES PARA VÍTIMAS IMIGRANTES – (Protections for Immigrant Victims) [pdf] (+)
O Departamento de Segurança Interna produziu uma infográfico que fornece um resumo das proteções legais para vítimas de crimes que são adultos e crianças. Este infográfico fornece proteção de imigração para vítimas de abuso nos Estados Unidos e / ou no exterior. As formas de alívio são: VAWA, visto U, visto T, presença contínua, status […]
[pdf] US DOJ Memo Case Processing Priorities 01 31 2017 (+)
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”).
*Evidence Checklists For Work With Immigrant Survivors (February 11, 2017)
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 […]
*Access to Public and Assisted Housing VAWA Self-Petitioners (October 2022)
January 26, 2017 (Update 2022) 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 […]
[pdf] HUD VAWA Self-Petitioner Cover Letter (December 22, 2016) (+)
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.
[pdf] Eligibility of VAWA Self-Petitioners for Financial Assistance Under Section 214 of the Housing and Community Development Act of 1980 (December 15, 2016) (+)
This memo from HUD’s General Counsel 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.
[pdf] ICE OPLA VAWA Confidentiality and Immigration Relief for Crime Victims Training (November 11, 2016) (+)
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.
[pdf] Considerations for the Board of Immigration Appeals in Violence Against Women Act Cases (February 19, 2013) (+)
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.
[pdf] Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls (August 2016) (+)
This article discusses legal options for immigrant girls and immigrant women who are recent immigrants to the United States. It provides an overview of legal immigration relief options including the VAWA self-petition, U Visa, T Visa, Special Immigrant Juvenile Status (SIJS) and Deferred Action for Childhood Arrivals. The article provides a detailed legislative history of SIJS, discusses the importance of trauma informed screening of immigrant children for immigration relief eligibility, and provides an overview of help that Legal Services Corporation funded programs can provide to immigrant children who have suffered battering, extreme cruelty, sexual assault or human trafficking. Importantly the article provides a detailed discussion of the special role state family and juvenile courts play and legal issues that arise in state court proceedings that are a prerequisite to a child’s ability to file a case seeking SIJS immigration relief.
[pdf] Bipartisan Women Made Anti-Violence Act Happen (+)
Article by Ann Moline Women’s Enews correspondent, on the collaboration between Democratic and Republican Senate staff who led Senator Kennedy and Abraham’s work on the Violence Against Women Act of 2000’s immigration protections including the creation of the U and T Visas and improvements to VAWA self-petitioning, VAWA cancellation of removal and VAWA suspension of deportation.
[pdf] Untold Stories VAWA 1994: Cases Documenting Abuse By U.S. Citizens and Lawful Residents of Immigrant Spouses (+)
The original story book and research report collected and presented to Congress support VAWA 1994 immigration protections creating VAWA self-petitioning and VAWA suspension of deportation.
*Empowering Survivors Table of Contents
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, […]
*Breaking Barriers Table of Contents
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 […]
[pdf] Evidence Check List Immigrant Victims Applying for VAWA Cancellation of Removal (+)
Evidence checklist for a VAWA cancellation case. This is not a comprehensive list. In most cases, these documents are not mandatory. However, the more documentation available will strengthen a favorable decision before an immigration judge in a VAWA cancellation case.
applicant to be successful in her application.
[pdf] INS, Paul Virtue, “Extreme Hardship” and Documentary Requirements Involving Battered Spouses and Children (August 16, 1998) (+)
This INS memorandum discusses the unique factors that will be considered when determining “extreme hardship” and “extreme cruelty”. The memo also discusses the documentary requirements involving battered spouses and children under VAWA’s any credible evidence statutes that apply to battered spouse waiver and all VAWA immigration cases.
[pdf] Violence Against Women Act (VAWA) Board of Immigration Appeals Adjudications: A Call for Consistency and for Adjudications That Reflect VAWA’s Legislative Purpose and the Courts Best Practices in the Handling of Domestic Violence Adjudications (+)
NIWAP report to the Board of Immigration Appeals documenting the extent to which immigration judges and members of Board of Immigration Appeals and their staff need training on the dynamics of domestic violence (battering or extreme cruelty). Enhanced understanding battering or extreme cruelty experienced by immigrant victims of spouse or child abuse who are married to or the child of U.S. citizens or lawful permanent residents will improve outcomes for VAWA cancellation of removal and suspension of deportation applicants furthering the goals of VAWA. This report urges creation of a specialized panel at the BIA that receive specialized training and be charged with BIA review of VAWA cancellation of removal and suspension of deportation cases.
[pdf] Federal Register: New Classification for Victims of Severe Forms of Trafficking in Persons (+)
This rule is intended to assist all concerned Federal officials, including, but not limited to, officials of the Immigration and Naturalization Service (Service), and eligible applicants, in implementing provisions of section 107(e) of the Trafficking Victims Protection Act of 2000 (TVPA).
[pdf] Extreme Hardship in VAWA Cancellation of Removal and VAWA Suspension of Deportation Cases (+)
Reference guide on the factors to show extreme hardship in respect to VAWA cancellation of removal.
[pdf] Understanding and Applying the Violence Against Women Act (+)
Presentation on applying the Violence Against Women Act to cancellation of removal and suspension of deportation and the substantive requirements.
[pdf] EOIR: Motions for “Prima Facie” Determination and Verification Requests for Battered Spouses and Children (1997) (+)
DOJ Memorandum regarding guidelines for approving certain individuals who have been subject to battery or extreme cruelty for public assistance and benefits under PRWORA.
[pdf] Motions to Reopen for Consideration of Adjustment of Status – May 17, 2001 (+)
DOJ Memorandum discussing requirements and procedure for filing a Motion to Reopen for Consideration of Adjustment of Status.
[pdf] Current State of VAWA and Trafficking Victim Protection Act Implementing Regulations and Policies (February 13, 2013) (+)
The following article provides an up-to-date list of VAWA statutory provisions for which no implementing regulations or policies have been issued. This list is followed by a consequent list of VAWA and Trafficking Victim
Protection Act (TVPA) regulations that were overruled by statute. This report ends with a list of
current regulations that do not reflect expansions of VAWA or TVPA protections that became
law subsequent to the issuance of the regulations.
[pdf] Blue Card: Screening Tool for Victims Who Qualify for Immigration Protective Relief (March 2, 2018) (+)
Questions for eligibility for protective relief under VAWA, Battered Spouse Waiver, T Visa, and U Visas, as well as information on language access.
[pdf] Chapter 09: VAWA Cancellation of Removal (+)
This chapter provides basic information on VAWA cancellation of removal, lists the eligibility requirements that must be met by an applicant, and provides some suggested examples of evidence that an attorney or advocate may offer to meet each requirement. This chapter is designed to help advocates and attorneys who are not immigration attorneys identify immigrant victims who may be eligible for cancellation of removal. The information provided will also be useful to immigration attorneys who may not have experience with domestic violence, sexual assault, or incest cases. This chapter will help them to work in collaboration with advocates and other attorneys assisting immigrant victims. The most successful cancellation of removal cases are those in which advocates and civil attorneys support the efforts of the immigration attorney.
[pdf] Good Moral Character: Assessment Tool (October 15, 2013) (+)
This article is a Good Moral Character assessment tool. Federal immigration law provides that an immigrant must be of good moral character to be eligible for several forms of immigration relief including: VAWA self-petitioning, VAWA cancellation of removal, naturalization and cancellation of removal. This tool lists factors that if present in a case impede the immigrant’s ability to demonstrate good moral character.
[pdf] Chapter 17: Access to Health Care for Immigrant Victims of Sexual Assault (July 10, 2013) (+)
Chapter 17 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter describes the range of services an immigrant victim of sexual assault can access through different programs and services of the health care system. The Health Care Charts contain state-by-state information that helps victims and their advocates identify what health services immigrant victims can access, depending on the State they live in and their immigration status. This chapter discusses how health care access grows as an immigrant victim files for and receives immigration benefits, health care options for undocumented victims, access to health care exchanges for immigrant survivors, which forms of immigration relief bring greatest access to health care, and survivors and their children who may be eligible for health care subsidies under state options and federal law.
[pdf] Bench Card: VAWA Immigration and Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation, and Battered Spouse Waiver Applicants (December 31, 2021) (+)
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] Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs (+)
U.S. Immigration and Customs Enforcement 2011 Memorandum setting forth the policies that direct the use of prosecutorial discretion in cases involving victims of and witnesses to crimes, including crimes of domestic violence, sexual assault, human trafficking, and other crimes. It includes protections from removal for individuals involved in efforts related to the protection of their civil rights. This document establishes DHS priorities for victim protection and summarizes and contains links to Immigration and Customs Enforcement policies of importance to immigrant crime victim cases.
[pdf] Student Aid Eligibility – Eligibility for Title IV Aid for “Battered Immigrants-Qualified Aliens” as provided for in the Violence Against Women Act (+)
This letter describes the process by which a person who has documentation provided by the Department of Homeland Security’s United States Citizenship and Immigration Service that supports a finding that the person is a “Battered Immigrant” and meets the definition of a “qualified alien” can qualify for Title IV, Higher Education Act (HEA) program assistance.
[pdf] Eligibility for Title IV Aid for “Battered Immigrants-Qualified Aliens” as Provided For in the Violence Against Women Act (+)
This letter describes the process by which a person who has documentation provided by the Department of Homeland Security’s United States Citizenship and Immigration Service that supports a finding that the person is a “battered immigrant” and meets the definition of a “qualified alien” can qualify for Title IV, Higher Education Act (HEA) program assistance.
[pdf] Offering a Helping Hand: Legal Protections for Battered Immigrant Women: A History of Legislative Responses (March 1, 2002) (+)
This article chronicles the legislative history of immigration protections afforded immigrant crime victims in the Violence Against Women Acts (VAWA) of 1994 and 2000, through the Battered Spouse Waiver, and through VAWA Confidentiality, the history and development of the VAWA self-petition, VAWA cancellation of removal, the battered spouse waiver, any credible evidence standard, VAWA confidentiality, benefits access for battered immigrant VAWA self-petitioners and cancellation/suspension applicants, the U-Visa, victim’s ability to obtain lawful permanent residency in the U.S. and Legal Services Corporation funded legal assistance are discussed in detail. This article collects and publishes information contained in documents developed during advocacy that led to the passage of federal immigration law legislation creating each of these protections.
[pdf] Lifetime Prevalence of Violence Against Latina Immigrants: Legal and Policy Implications (+)
This article examines the prevalence of various forms of domestic violence experienced by Latina immigrant women, the nature of the battering and extreme cruelty they experience, and public policy implications of the findings. The this research found high levels of intimate partner abuse experienced by immigrant Latinas and publishes data about immigrant victims in married to citizens and lawful permanent residents that Congress relied upon in when creating VAWA self-petitioning in 1994. Includes a discussion of immigration related abuse, details about the types of physical, sexual and emotional abuse victims suffered, describes the types of emotional abuse that are significantly related to physical and sexual abuse, and provides empirical data documenting several of the factors that in and of themselves or collectively constitute “extreme cruelty” under U.S. immigration laws.
[pdf] Operating Policies and Procedures Memorandum No. 97-7: Procedures for Identifying Potential Battered Spouse/ Battered Child Cases (+)
A memorandum about the operating policies and procedures for identifying potential battered spouse/ battered child cases from the office of the Chief Immigration Judge to all deputy chief immigration judges, all assistant chief immigration judges, all immigration judges, all court administrators, all judicial law clerks, and all court staff.