Parents have a constitutional right in the care and custody of their children without regard to the parent’s or the child’s immigration status. Despite this, perpetrators of domestic and sexual violence against immigrant victims with whom they share children, commonly raise immigration status related issues in custody litigation. Abusers often provide the court with legally incorrect information about immigration law and how immigration law applies to the victim and the parties’ children. This webinar will provide judges, attorneys and advocates with legally correct information about the immigration relief available to battered immigrants and abused children. The webinar will discuss the most common immigration status related myths that are raised by parties in contested custody cases and will provide up to date immigration law information and best practices of applying state best interests of the child laws in custody cases involving battered immigrants and their children.

Also see our full library of State Justice Institute supported materials for courts at www.niwap.org/go/sji 

To receive updates, sign up for NIWAP’s outreach list. 

You can elect NIWAP’s general outreach list to receive notices of trainings, webinars, new materials, resources and policies or for our lists that are limited to only one of the following professions: judges/court staff, law enforcement or prosecutors.

Training Materials

• Powerpoint Slides 

Immigration Relief for Crime Victims 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
• Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa

Bench Cards on Immigration Relief and Language Access

• Family Court Bench Card on Immigration Rights of Battered Spouses, Children and Immigrant Crime Victims 
• DOJ Letter to State Courts on Language Access 
• Bench Card: Court Interpretation in Protection Order Hearings

Immigration Allegations in Custody Cases

• Family Court Bench Card on Issues that Arise in Custody Cases Involving Immigrant Parents, Children, and Crime Victims 
• Custody of Children in Mixed Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings
• How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal Proceedings 
• Immigration Status: Work Authorization, Public Benefits and Ability to Sponsor Children 
• Obtaining Custody of Children for Battered Immigrants**
• Chapter 06.1: Countering Abuser’s Attempts to Raise Victim’s Immigration Status in Custody Cases
• Chapter 06.3: The Implications of the Hague International Child Abduction Convention: Cases and Practice

Civil Protection Orders and Immigrant Victims

• Bench Card: Immigrants and Protection Orders 
• Battering or Extreme Cruelty: Drawing Examples from Civil Protection Orders and Family Law Cases
• Seeking Protection Orders for Immigrant Victims**
• Chapter 05.1: Battered Immigrants and Civil Protection Orders
• Chapter 05.2: Ensuring Access to Protection Orders for Immigrant Victims of Family Violence
• Chapter 14: Protection Orders for Immigrant Victims of Sexual Assault
• Battered Immigrant Women in the United States and Protection Orders: An Exploratory Research

Economic Relief in family Court

• State Court Bench Card: Immigration Victim’s Economic Remedies  
• Providing Economic Relief for Immigrant Victims: Child Support and Spousal Support**
• Immigration Concerns for Family Law Practitioners
• Chapter 06.4: Ensuring Economic Relief for Immigrant Victims Through Family Law Proceedings: Child Support and Spousal Support

**If you have difficulty accessing this publication please contact for assistance NIWAP at (202) 274-4457 or info@niwap.org

This publication was developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.