[pdf] Chapter 17.3: Post-Assault Healthcare and Crime Victim Compensation for Immigrant Victims of Violence (May 24, 2024) (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal crime victim compensation laws states provide health care assistance to crime victims that includes health care funded by the Victims of Crime Act Compensation Act (VOCA). How health care for crime victims is funded, what health care services are covered, how victims apply, and which crime victims are covered varies state by state. In all but one state VOCA funded crime victim compensation is open to all victims without regard to immigration status. Alabama severely restricts the numbers of immigrant victims who can access VOCA funded crime victims compensation based on the immigration status of the victim at the time the crime victimization occurred. This chapter includes two sets of state by state charts that briefly, and in detail, summarize the provisions available by state to immigrant victims of sexual assault and other violent crimes, as well as the victim compensation laws and processes to receive compensation for each state, DC, Puerto Rico, and Guam.

[pdf] Why Using an Interpreter is Beneficial to Law Enforcement (August 21, 2016) (+)

This document outlines the benefits to law enforcement officers of identifying LEP persons language access needs at crime scenes and during criminal investigations. These benefits include improving officer and crime scene safety, improving the likelihood of a successful prosecution, and ensuring that officers fully capture helpful statements from victims and witnesses.

[pdf] Chapter 07: Preparing the VAWA Self-Petition and Applying for Lawful Residence (August 15, 2023) (+)

Chapter 7 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides practical tips for filing a self-petition and apply for lawful permanent residency under the Violence Against Women Act of 1994 (VAWA) as revised in 2005.

[pdf] Special Immigrant Juvenile Status (SIJS) Findings Pertaining to State Court Judges (Dec. 7, 2023) (+)

A bench card on Special Immigrant Juvenile Status (SIJS) findings pertaining to state court judges. Written by Meagan Fitzpatrick, Leslye Orloff, and Honorable Joseph L. Fernandes (Philadelphia, PA) for the administrative office of the Pennsylvania Courts. This bench card has been updated to reflect clarifications included in the March 2022 final SIJS regulations and the 2023 Policy Manual Chapter issued by US Citizenship and Immigration Services.

[pdf] U Visa Certification and T Visa Declaration Toolkit for Adult Protective Services (APS) (October 19, 2023) (+)

Toolkit focusing on the U-Visa as well as an introduction to other options which may be available to immigrant adults who are victims of domestic violence, sexual assault, human trafficking and other crimes that Adult Protective Services staff encounter. Having an awareness of these options can help you identify the best options available for immigrant victims you encounter.

[pdf] Chapter 03.6: U-Visas: Victims of Criminal Activity (August 8, 2023) (+)

Full chapter excerpt from “Breaking Barriers: A Complete Guide to Legal Rights and Resources for Battered Immigrants” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.

[pdf] Chapter 10: U Visas: Victims of Criminal Activity (August 8, 2023) (+)

Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.

[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] How to Prepare Your Case Through a Trauma Informed Approach: Tips on Using the Trauma Informed Structured Interview Questionnaires for Family Court Cases (SIQI) (April 27, 2023) (+)

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, and/or stalking. When working with immigrant
survivors applying for immigration relief as a result of the abuse, it is necessary to collect a detailed story to
submit as part of the immigration application.

[pdf] Advocate’s and Attorney’s Tool for Developing a Survivor’s Story: Trauma Informed Approach (April 27, 2023) (+)

A survivor’s story is one of the most important pieces of evidence submitted with the VAWA, U, and T visa applications, which makes them different from other immigration applications. This is an opportunity for Department of Homeland Security (DHS) adjudicators to hear directly from the survivor, in his or her own voice. When reading the survivor’s story, the reader – ultimately, the DHS adjudicator – should be able to know and feel what the survivor felt after being subjected to abuse or crime victimization. The 2023 update includes questions to assess stalking behaviors and risk factors.

[pdf] Special Immigrant Juveniles (SIJS): Inadmissibility Factors That Do and Do Not Apply to SIJS Cases (December 26, 2022) (+)

Reference list on inadmissibility factors that do and do not apply in cases of children applying for Special Immigrant Juvenile Status (SIJS) and for lawful permanent residence as SIJS recipients. For more detailed information on inadmissibility for victims of crime and abuse see https://niwaplibrary.wcl.american.edu/inadmissibility-comparison-charts-for-victims.

[pdf] Legislative History of VAWA (94,00,05), T and U-Visas, Battered Spouse Waiver, and VAWA Confidentiality (January 5, 2023) (+)

This document recounts the legislative history of laws offering protection for victims of domestic violence sexual assault and human trafficking with a particular focus on the immigration relief developed by Congress to protect immigrant survivors.

[pdf] The Federal Student Aid Handbook Student Citizenship & Eligibility Chapter (updated June 29, 2022) (+)

A student has to be a citizen or an eligible noncitizen to receive federal student aid. This chapter describes how the student’s Free Application for Federal Student Aid (FAFSA) information is matched with other agencies to determine citizenship status. It also describes immigration documents that you may have to collect to make sure that the student meets this requirement. Provides guidance for Afghan Special Immigrants and information for Ukrainian citizens and nationals paroled into the United States.

[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] U Visa Certification and T visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021) (+)

This helpful, informative U visa certification tool kit for judges and magistrates covers materials on topics such as: what is the role of judges in U visa certification, U visa quick references for judges, U visa certification introduction, U visa application flow chart, judges and the U visa certification requirement, U visa statutory and regulatory background, frequently asked questions, redacted I-918 supplement B (U nonimmigrant status certification), form I-918 supplement B (sample judges’ certification), sample information flyer for victims, resource list, sample memorandum in support of a motion for U visa certification, sample declaration for a motion for certification, glossary of terms, and collection of U visa news articles.

[pdf] Bench Card on Immigrant Crime Victim’s and Immigrant Children’s Access to Public Benefits and Services (December 31, 2021) (+)

This bench card provides an outline for judges of the publicly funded state and federal public benefits and services that are open to all immigrants without regard to immigration status. The bench card then describes at what points in an immigrant victim, child or other litigant’s immigration case process they gain again access to a broader range of state and federal public benefits including subsidized health care, food stamps, TANF, housing, post-secondary educational grants and loans and a wide range of other benefits. Having a list of which immigrant qualify for which benefits and services will help judges craft court orders in cases involving immigrnat children, crime victims and their families.

[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] Bench Card on Immigration Relief for Battered Spouses, Children, and Immigrant Crime Victims (December 31, 2021) (+)

This bench card provides an overview of immigraiton options for immigrant victims of domestic violence, child abuse, sexual assault, human trafficking, stalking and other crimes. It covers VAWA, battered spouse waiver, Special Immigrant Juvenile Status, U and T visas, continued presence and work authorization for abused spouses of visa holders. For each it provides an overview or eligibility and how each form of immigration relief helps victims.

[pdf] Bench Card: U-Visa Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)

This benchcard discusses the eligibility requirements to qualify for a U-Visa, the application procedure for U-Visas, and possible benefits for which approved U-Visa applicants may be eligible.

[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) (December 30, 2021) (+)

A chart comparing the eligibility, process, and benefits of U Visas, T Visas, VAWA Self-Petition, Special Immigrant Juvenile Status (SJIS), and Deferred Action for Childhood Arrivals (DACA). Written by Krisztina Szabo, Spencer Cantrell, and Leslye Orloff.

[pdf] Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (December 29, 2021) (+)

These flowcharts provide an overview of the public benefits eligibility process for VAWA self-petitioners, VAWA cancelation of removal applicants, U visa and T visa applicants and children applying for Special Immigrant Juvenile Status. They provide useful tools to be used together with NIWAP’s public benefits maps and charts. State by State Benefits Map and Charts – https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts

[pdf] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)

The purpose of this bench card is to inform courts about DHS protections available to all immigrants who are litigants, crime victims, children or witness in court proceedings from immigration enforcement at courthouses. The bench card provides an overview of the forms of immigration relief created for immigrant survivors of crime and/or abuse, outlines DHS enforcement priorities, discusses how prosecutorial discretion will be exercised, describes which parents, children, family members, guardians, and other litigants will and will not likely be subject to immigration enforcement, discusses policies governing enforcement of civil immigration laws at courthouses, and presents information locations protected from immigration enforcement that will be useful to state court judges drafting visitation exchange, protection orders, criminal case bond orders and range other court orders.

[pdf] Three Prongs of VAWA Confidentiality (December 15, 2021) (+)

A brochure summarizing the three prongs of VAWA confidentiality (Disclosure Limitations, Source Limitations, & Enforcement Limitations) for advocates and attorneys, including information on best practices and complaint instructions.

[pdf] Family Court Bench Card on Issues that Arise in Custody Cases Involving Immigrant Parents, Children, and Crime Victims (October 13, 2013, Updated November 30, 2021) (+)

A quick reference for judges on issues that arise in custody cases involving immigrant parents, children, and crime victims. Discussing constitution protections for the parent child relationship applying to cases involving immigrant parents and their children without regard to immigration status, detention or deportation. Explaining which parents, children, litigants, witnesses are under current immigration laws likely to be removed from the U.S. and which although undocumented are not at risk of removal. Highlighting common myths about immigration law and providing legally correct information for courts to apply in making rulings when a party raises the immigration status of another party of child in state court custody proceedings.

[pdf] Collection of U-Visa News Articles (November 7, 2017) (+)

A list of news articles intended as references to assist law enforcement, prosecutors, judges and other U visa certifiers to better understand the U visa program and their role as U-visa certifiers.

[pdf] U visa Certification and T visa Declaration Toolkit for Law Enforcement Agencies and Prosecutors (August 30, 2021) (+)

By providing U‐visa certifications and T visa declarations law enforcement and prosecution officials add to their arsenal of crime fighting tools when immigrant victims feel safer coming forward to report crimes. This document provides the following background information on the U‐visa and T visa programs: an overview of the U‐visa and T visa; Quick Reference guides on the U and T visas, Statutory and Regulatory Background on U and T visas, Flow Charts, Protections for Family Members, Frequently Asked Questions, Timelines, Sample forms, Model policies, Screening tools, DHS brochures and infographics, and links to resource materials and news articles on U and T visa certification.

[pdf] When Immigration Issues Arise in Custody Cases Involving Immigrant Survivors: Strategies Roadmap for Family Lawyers Handout (January 24, 2013) (+)

Reference tool for family lawyers with information on best practices for responding when perpetrators of domestic violence and other parents raise the immigration status of a primary caretaker immigrant parent offensively to gain advantage in a state court custody proceeding.

[pdf] U Visa Quick-Reference for Law Enforcement and Prosecutors (March 24, 2021) (+)

Part of the U Visa Certification Toolkit for Law Enforcement and Prosecutors. This quick reference guide assists law enforcement and prosecutors summarizing the U visa certification and is based on the DHS U and T Certification Resource Guide.

[pdf] National Survey of Service Providers on Police Response to Immigrant Crime Victims, U Visa Certification and Language Access (April 16, 2013) (+)

This report explores police responses to immigrant victims of crime from the perspectives of various service providers, including legal services, pro bono attorneys, social service organizations, domestic violence/sexual assault programs, law enforcement and prosecutors’ offices. The data presented are based on the results of a nationwide survey of organizations serving immigrant victims of domestic violence, sexual assault and human trafficking. We assess the effect that a history of ongoing collaboration between victim and legal services agencies and law enforcement has on U Visa certification practices and language access to the justice system. The paper also examines the experiences of working with Limited English Proficiency (LEP) clients and language access in the field and during legal procedures. A key focus of this paper is to identify factors that support improved access to culturally and linguistically appropriate resources and services, including the identification of systemic barriers that impede access.

[pdf] U-Visa: “Helpfulness” Checklist (+)

This checklist has been developed to assist police, prosecutors, judges, commissioners, magistrates and other U visa certifying officials in identifying the wide range of ways an immigrant crime victim can provide helpfulness to justice system officials and government agencies in detection, investigation, prosecution, conviction or sentencing of U visa listed criminal activity. The document includes citations to U.S. Department of Homeland Security policies, regulations, guidance and training materials on U visa certification and helpfulness. A national team of law enforcement, prosecutors and judicial trainers with expertise and experience on the U visa contributed to the development of the list of examples of helpfulness included in this document based on their experience and expertise.

[pdf] Survey Findings. Effects of Legal Services Cuts and Welfare Reform on Battered Women (+)

Findings of a survey conducted by Ayuda, Inc., in which thirty state domestic violence coalitions were interviewed on the importance of legal services and welfare for battered women and their children. This research was submitted to Congress as part of the efforts to secure the Kennedy Amendments to Legal Services restrictions for battered immigrants and access to public benefits for VAWA self-petitioners in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

[pdf] Immigrant Crime Victims and Public Charge: Post-VAWA 2013 (August 19, 2019) (+)

Information regarding immigrant crime victims and public charge in light of the VAWA 2013 statutory amendments. This article discusses how VAWA self-petitioners, VAWA cancellation of removal, VAWA suspension of deportation, battered spouse waiver, U visa and T visa applicants are exempt from the public charge ground of inadmissibility.

[pdf] Do you have problems at home? (July 16, 2015) (+)

This booklet explains the legal rights of immigrant victims of family violence including domestic violence, child abuse and elder abuse.

[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] VAWA Confidentiality and Breaches (2013) (+)

Battered immigrant women relay extremely sensitive and private information to the U.S. Citizenship and Immigration Services (CIS, formerly INS)3 when seeking immigration relief. A batterer in possession of any of this information might use it to locate the battered immigrant spouse and her children and harm them. If he becomes aware that she is seeking immigration status independently of him or planning on leaving him, he might try to seek revenge and might contact the immigration authorities in an attempt to undermine her case or have her deported. For these reasons, confidentiality rules can serve as a potentially lifesaving protection for the victim and her children. A manual of confidentiality and breaches of confidentiality.

[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] Flyer Offering Training on Best Practices: Immigrant Crime Victims, Language Access and the U-Visa (June 14, 2019) (+)

Flyer advertising the availability of training on language access, and U and T visa certification by law enforcement and prosecutors and working with immigrant and LEP victims. The reverse side of the flyer contains information about the technical assistance available to law enforcement, prosecutors, advocates, attorneys and other professionals working with immigrant crime victims.

[pdf] The 2005 Reauthorization of the Violence Against Women Act: Why Congress Acted to Expand Protections to Immigrant Victims (+)

A brief history of the Violence Against Women Act and congressional intent that lead to the expanded legal protections for immigrant crime victims in the 2005 reauthorization written by Representative John Conyers, Jr.

[pdf] Expert Testimony Concerning Battering (September, 2000) (+)

This appendix from a training manual written by the American Bar Association’s Commission on Violence Against Women reviews research data and provide information about the dynamics of domestic violence in immigrant families on questions and issues that are relevant to fact finders who decide cases involving battered immigrant women. Attorneys and advocates representing battered immigrant women in VAWA cases are encouraged to include a copy of this material as supporting evidence in the VAWA case.

[pdf] Chapter 17.2: Coverage for Forensic Costs for Immigrant crime Victims: Medical Coverage and Services (February 12, 2017) (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This is Chapter 17.2 of NIWAP’s manual “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault”. It provides a detailed chart of the forensic examination laws, immigration-related eligibility requirements, and processes to receive payment for examination costs for each state. This information is current as of February 12, 2017. It is intended to provide an overview regarding health benefits and victim compensation for each state.

*All State Demographics (updated October 16, 2023)

Demographic Information on Immigrant Populations for Each U.S. State – 2021 Data. Updated 2023. Limited English Proficiency Data by US Region United States Demographics  Alabama Demographics Alaska Demographics Arizona Demographics Arkansas Demographics California Demographics Colorado Demographics Connecticut Demographics Delaware Demographics District of Columbia Demographics Florida Demographics Georgia Demographics Hawaii Demographics Idaho Demographics Illinois Demographics Indiana […]

April 20-21, 2018: Albuquerque, NM “Judicial Training Network: First Annual Multi-State Training”

All materials on this page were presented as part of our April 2018 Judicial Training Network: First Annual Multi-State Training. Documents are listed under the workshop with which they are associated. Training Materials Agenda for Conference Overview of Project and State Team Expectations PowerPoint Presentation Impact of Immigration on Families – Intersection with Family Law […]

*Special Immigrant Juvenile Status (SIJS)Bench Book (March 31, 2018) Table of Contents

NOTE: This United States Citizenship and Immigration Services issued final SIJS regulations in March of 2022 and updated its SIJS policy manual consistent with the final regulations.  NIWAP is in the process of updating the chapters in this bench book.  A Question and Answer Guide that highlights the updates and a copy of the new […]

*Training Materials: U and T Visa Certification (Last Updated – March 2018)

Also see our full library of SJI supported materials for courts at www.niwap.org/go/UVisa Know Your Rights Information DHS Interactive Infographic on Protections for Immigrant Victims Immigration Options for Victims of Crime -DHS Brochure Multilingual Materials for Victims and Advocates Pathways to Immigration Relief for Students Forms of Immigration Relief Bench Card: Overview of Types of […]

*Training Materials: SJI (Last Updated – March 2018)

Also see our full library of SJI supported materials for courts at www.niwap.org/go/sji Immigration Relief for Crime Victims and Children Know Your Rights Information DHS Interactive Infographic on Protections for Immigrant Victims Immigration Options for Victims of Crime -DHS Brochure Multilingual Materials for Victims and Advocates Pathways to Immigration Relief for Students Forms of Immigration […]

*Training Materials: Language Access (Last Updated – March 2018)

Courts 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 DOJ: Frequently Asked Questions about the Protection of Limited English Proficient (LEP) Individuals under Title VI of the Civil Rights Act of 1964 and Title VI Regulations […]

*Training Materials: Prosecutors (Last Updated – April 11, 2023)

If you are a law enforcement officer, prosecutor, or a victim advocate or other staff working for a law enforcement or prosecution agency and are working with immigrant victims and you would like to receive case specific technical assistance on immigration protections for immigrant survivors of domestic and sexual violence victims and their children, please […]

January 12, 2018: Miami, FL “Promoting Just Outcomes When Immigration Issues Arise In State Court Proceedings”

Powerpoint Presentation for Training Full library of SJI supported materials for courts Immigration Relief for Crime Victims and Children Know Your Rights Information DHS Interactive Infographic on Protections for Immigrant Victims Immigration Options for Victims of Crime -DHS Brochure  Multilingual Materials for Victims and Advocates Pathways to Immigration Relief for Students Forms of Immigration Relief […]