*Battered Spouse Waiver (BSW) Webinar and Training Materials (November 18, 2021)

Battered Spouse Waiver:

Immigration Relief Available for Abused Immigrant Spouses of U.S. Citizens [1]

 November 18, 2021


This materials list includes publications issued by government agencies and materials produced by NIWAP in collaboration with national experts.  Each of the materials included in this list developed with support from government funders contains government agency disclaimers.

If you are a victim advocate, attorney, judge, or other professional working with an immigrant victim and you would like to receive case specific technical assistance on access to publically funded benefits and services that an immigrant crime victim or immigrant child would be eligible to receive in you state, please call NIWAP for technical assistance.  (202) 274-4457 or email us at info@niwap.org.  For more information on any of the topics covered in this training please visit NIWAP’s web library.

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Battered Spouse Waiver

PowerPoint Presentation

Training Materials

Statutes, Regulations, Government Policies and Brochures

Battered Spouse Waiver’s Regulations and Case Processing

Battered Spouse Waiver and VAWA’s Any Credible Evidence Rules Legislative History

Battered Spouse Waiver Articles

Legal Rights Overviews and Brochures Discussing Battered Spouse Waivers

(The three publications above are available in multiple language

Dynamics & Barriers for Immigrant & Refugee Survivors

Violence Against Women Act (VAWA) Self-Petition

Since the Battered Spouse Waiver requires proof of a good faith marriage and proof of battering or extreme cruelty, several of the webinars, on-line learning courses and publications on VAWA self-petitioning can be useful when working on Battered Spouse Waiver cases.

Webinars

On-line Course

Training Materials

Public Benefits

Battered spouse waiver applicants have the same access to public benefits as VAWA self-petitioners.  Also battered spouse waiver applicants have conditional permanent residence which means that under state and federal public benefits laws they have the same access to public benefits as lawful permanent residents.  It is important to note that if an abused immigrant spouse decides to pursue removal of conditions based on divorce rather than through the battered spouse waiver, the abused spouse can lose access treatment as an abused spouse or child under some state or federal public benefits laws.  This includes exemptions from deeming that are afforded to battered immigrants. The following webinars and training materials on public benefits apply in cases of battered spouse waivers to the same extent as VAWA self-petitioners.

Webinars

Public Benefits Interactive Maps and State Charts

Regulations and Policies

Training Materials

Trauma Informed Work With Immigrant Survivors

As with VAWA self-petitions, since proof of battering or extreme cruelty is a central element of proof in Battered Spouse Waiver cases understanding the full history of the abuse in the relationship and the history of trauma the victim has suffered is important.  Battered spouse waiver cases are adjudicated using VAWA’s any credible evidence rules and consider the totality of the circumstance and evidence presented.  Understanding a victim’s full trauma history can be very helpful in explaining the battering and/or extreme cruelty a victim suffered and how this impacted the victim and their children.  The following webinar trainings and trauma-informed tools will be helpful in preparing Battered Spouse Waiver applications.

Webinars

Training Materials

VAWA Confidentiality


[1] This materials list includes publications issued by government agencies and materials produced by NIWAP in collaboration with national experts.  Each of the materials included in this list developed with support from government funders contains government agency disclaimers.