Part I
Part II
Description
U Visa statutes and regulations were designed to help fight crime and offer early protection for crime victims. This webinar discusses the U visa’s helpfulness requirement for certification and a crime victim’s ongoing responsibility to provide assistance in the investigation or prosecution of the qualifying criminal activity, when reasonably requested and there is an ongoing need. In this two part webinar series, subject matter experts (including a judge, law enforcement, and prosecutors) discuss how certifying agencies can assess helpfulness, what DHS regulations require when evaluating unreasonableness. To end, we highlight the USCIS’ new 2022 U Visa Certification Resource Guide.
Faculty Presenters
- Sharla Jackson, Domestic Violence and Sexual Assault Resource Prosecutor, Prosecuting Attorney’s Council of Georgia
- Tara Patet, Senior Prosecutor, City Attorney’s Office, St. Paul, Minnesota
- Investigator Michael LaRiviere, Salem Police Department, MA
- Hon. Susan Breall, San Francisco, Superior Court
- Leslye E. Orloff, NIWAP, American University, Washington College of Law
Referenced Materials
- DHS Interactive Infographic on Protections for Immigrant Victims
- Overcoming Fear and Building Trust With Immigrant Communities and Crime Victims (Police Chief Magazine April 2018)
- Promoting Access to Justice for Immigrant Crime Victims and Children: Findings of a National Judicial Survey and Recommendations
- Transforming Lives: How the VAWA Self-Petition and U Visa Change the Lives of Survivors and Their Children After Employment Authorization and Legal Immigration Status
- Victim and Witness Intimidation: New Developments and Emerging Responses (NIJ)
Useful Resources
State Justice Institute (SJI) and National Judicial Network Training Materials
Training Materials for Law Enforcement and Prosecutors
Forms of Immigration Relief
- Bench Card: Overview of Types of Immigration Status
- Family Court Bench Card on Immigration Rights of Battered Spouses, Children and Immigrant Crime Victims
- Blue Card: Screening for Victims Who Qualify for Immigration Protective Relief (Squad Car Screening Tool)
- Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs
- U Visa Victims and Lawful Permanent Residency
Department of Homeland Security Policies: Important to Work with Immigrant Victims
U and T Visas
- U-Visa Checklist: “Helpfulness”
- USCIS, U Visa Certification Resource Guide
- USCIS, T Visa Certification Resource Guide
- DHS: U and T Visa Law Enforcement Resource Guide
- U Visa Certification and T Visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates and Other Judicial Officers
- International Association of Chiefs of Police (IACP) 2018 Resolution on Education and Awareness of U and T Visa Certifications
- Model Policy for Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations
- Discussion Paper for Model Policy for Working with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations
- USCIS U Visa Certification Fact Sheet Q&A
- Blue Campaign: What You Can Do- Recognizing and Supporting Trafficking Victims in the Courtroom
- U-Visa Flow Chart
- T-Visa Flow Chart
- U-Visa Family Member Sponsors
- T-Visa Family Member Sponsors
- DHS Policy Answers to Law Enforcement Reasons for Not Certifying
- U Visa News Articles
- Glossary of Terms
- U Visa Certifications: Range of Potential Certifiers
- U-Visa Legal Advocacy: Overview of Effective Policies and Practices
- Press Release on the U Visa – Template
- U Visa Resource List
- U Visa Certification Tool Kit for Federal, State, and Local Judges, Commissioners, Magistrates, and Other Judicial Officers
- Sample Questions for Identifying a Trafficked/Enslaved Person
- 2017 New U and T Visa Application and Certification Forms (January and February 2017)
- U Visa Timeline with Background Checks
- Tip Sheet for Courts Developing U Visa Certification Protocols
- T Visa Timeline with Background Checks
- USCIS: U Visa Demographics: U Visa Report
- USCIS U Visa Report: U Visa Filing Trends
- USCIS: Trends in U Visa Law Enforcement Certifications, Qualifying Crimes and Evidence of Helpfulness
- USCIS U Visa Report Technical Appendix
Forms
- DHS: Instructions for Form I-914, Supplement B
- DHS: Form I-914, Supplement B for T visa Endorsement
- DHS: Form I-918, Supplement B, for U visa Certification
- DHS: Instructions for Form I-918, Supplement B, for U visa Certification
Webinars
- In Accordance with the Law: When Your Victim Witness Speaks Limited English
- U Visa: Overview of Certification Presented by Investigator Michael LaRiviere, Salem Police Department
- In order to reach this module you will need to sign-in for free access to course
- The U Visa as a Crime-Fighting Tool: How Certification Improves Domestic and Sexual Violence Investigations and Prosecutions
- Battered Women’s Justice Program (BWJP) Assessing Helpfulness for Immigrant Crime Victims
- DHS U and T Visa Training Videos
- Lessons Learned from Law Enforcement: How Collaborations That Result in U Visa Certifications Support Safer Communities
- Law Enforcement and Advocates Partnering to Better Serve Immigrant Crime Victims
- Law Enforcement Use of the U Visa (Podcast)
- An Introduction to Law Enforcement Use of the U-Visa
Know Your Rights Information
- Immigration Options for Victims of Crimes
- Multilingual Materials by Title
- Pathways to Immigration Relief for Students
- Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the U.S. and Facts about Immigrating on a Marriage-Based Visa
- Immigration Relief for Abused Children
U Visa as a Crime-fighting Tool
- Stories From the Field: The Crime Fighting Effectiveness of the U Visa
- The Importance of the U-visa as a Crime-Fighting Tool for Law Enforcement Officials – Views from Around the Country
- Protecting Our Communities and Officer Safety
- COPS Dispatch Article: The U visa: An important tool for Community Policing
- How Law Enforcement Is Using the U-Visa Practice Brief
- State U Visa Certification Laws
- U and T Visa Certifications and Certification Reporting Requirements in California
- Bench Card: U and T Visa Certification Reporting Requirements in California
Screening Tools and Collaboration
- Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the US and Facts about Immigrating on a Marriage-based Visa
- Brochure: Continued Presence & Temporary Immigration Status for Victims of Human Trafficking
- Immigrant and LEP Victims’ Access to the Criminal Justice System
- U Visa Legal Advocacy: Overview of Effective Policies and Practices
- Building Trusting Relationships: A Guide for Advocates/Attorneys Working with Law Enforcement (LE) on U-Visa Certification Issues (Flow Chart)
- 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)
- Immigration Status: Work Authorization, Public Benefits, and Ability to Sponsor Children
VAWA Self-Petition
- VAWA Self-Petitioning Flow Chart for Child Applicants
- Flowchart: VAWA Self-Petitioning Eligibility for Elder Abuse Survivors
- Flowchart: VAWA Self-Petitioning Eligibility for Adults
- Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases
- VAWA Self-Petitioning Introduction and Flow Charts
Language Access
- Code of Conduct for Court Interpreters- Washington State Interpreters Program
- Questions to Use for Crime Scene Identification of LEP
- Dos and Don’ts to Help Identify LEP Persons
- Language Identification Card – DeKalb County Magistrate Court’s Compliance Project, Caminar Latino, Men Stopping Violence, Raksha, Inc, Tapestri, Inc, and Women’s Resource Center to End Domestic Violence
- Laws Governing Law Enforcement Agency Provision of Language Assistance to LEP Persons
- Important Tips to Remember When Using an Interpreter
- NAJIT Code of Ethics and Professional Responsibilities
- U.S. Department of Justice Sample Limited English Proficiency Guidelines from Office of Justice Programs “Center City Police Department”
- Steps for Obtaining Interpreters
- Tips for Working Effectively with Telephone Interpreters
- Are you Compliant with Title VI Self-Assessment Tool
- Why Using an Interpreter is Beneficial to Law Enforcement
- DOJ Letter to State Chief Justices and State Court Administrators on Access for Limited English Proficient Persons to State Court Proceedings
- Judicial Bench Card for Court Interpretation
- Serving Limited English Proficient Immigrant Victims
VAWA Confidentiality
- VAWA Confidentiality Statutes, Legislative History and Implementing Policy
- Three Prongs of VAWA Confidentiality
- Chapter 3 of Empowering Survivors: VAWA Confidentiality, History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections
- Utilizing VAWA Confidentiality Protections in Family Court Proceedings
- VAWA Self-Petitioning Timeline with Background Checks
- Quick Reference Guide for Judges: VAWA Confidentiality & Discovery Related Case Law
- VAWA Confidentiality Protections, Courthouse Enforcement, and Sensitive Locations Policies at a Glance
- Quick reference: VAWA Confidentiality Protections – Quoting Statutes Regulations and Department of Homeland Security Policies
Public Benefits for Systems Based and Other Victim Advocates
- All State Public Benefits Charts and Interactive Public Benefits Map (2022)
- State-Funded Public Benefits Comparison Chart
- State by State Demographics
- State by State Public Benefits Charts
- Interactive State Benefits Map
- Guide to the Public Benefits Map
- Privacy Protections for Immigrants Applying for Public Benefits
- Anti-Discrimination Provisions That Apply to Programs Receiving Federal Funding Services Victims of Violence Against Women Crimes
- Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status
- Flow Chart Public Charge Test and Housing benefits
- Infographic Public Charge and Housing Benefits
- Public Charge Ground of Inadmissibility and Immigrant Crime Victims
Prosecutor’s Tools Enhancing Work With Immigrant Crime Victims
- What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims
- VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
- Certifying Early: When Should You Sign a U or T Visa Certification for a Victim?
- Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law
- Family Court Bench Card on VAWA Confidentiality