This training involved multiple sessions covering dynamics of domestic and sexual violence experienced by immigrant survivors in Missouri, VAWA confidentiality, and immigration options for immigrant survivors and their children. Information about immigration relief, public benefits, and trauma-informed evidence collection and collaboration were major topics in the context of Missouri, and NIWAP faculty discussed public benefits and family law, including custody, civil protection orders, and divorce. NIWAP partnered with the Missouri Coalition Against Domestic and Sexual Violence (MCADSV) to facilitate this training for advocates and attorneys.
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 family law issues that arise in cases of immigrant crime victims, please call NIWAP for technical assistance. (202) 274-4457 or email us at info@niwap.org.
If you would like to learn more about law enforcement and prosecutor best practices, NIWAP hosts monthly virtual Roundtables for Law Enforcement and Prosecution only to discuss challenges and topics in the field with NIWAP’s law enforcement expert faculty. Through these Roundtables, law enforcement and prosecutors share strategies and develop plans for working with immigrant victims of domestic violence, sexual assault, stalking, and human trafficking. Register for NIWAP’s Law Enforcement & Prosecutors Monthly Roundtable
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Technical Assistance Flyer:
NIWAP’s Technical Assistance Flyer describes the technical assistance and training offered to support advocates, attorneys, judges, police, prosecutors, and other professionals in their work with immigrant women, children, and crime victims.
Training Materials
Dynamics & Barriers for Immigrant & Refugee Survivors
- Dynamics of Domestic Violence Experienced by Immigrant Victims
- Dynamics of Sexual Assault and the Implications for Immigrant Women
- Immigrant Victims of Sexual Assault: The Important Role of SART Teams
Language Access for Survivors
- Ensuring Language Access to Immigrant Victims of Sexual Assault
- DOJ Letter to State Courts on Language Access
- Translation Requirements for Vital Documents, Intake, and Notice of LEP Assistance for DOJ and HHS Grantees Serving Immigrant Crime Victims
- Bench Card: Court Interpretation in Protection Order Hearings
- World Language Identification Guide: I Speak (Raksha)
Immigrants, Language Access and Child Welfare
Immigration Protections for Immigrant Survivors
- Blue Card: Screening Tool for Victims Who Qualify for Immigration Protective Relief (March 2, 2018)
- Family Court Bench Card on Immigration Rights of Battered Spouses, Children and Immigrant Crime Victims
- 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)
- VAWA Red Flags
- Tools for Advocates Assisting Immigrant Crime Victims in Immigration Cases
- Evidence Checklists For Work With Immigrant Survivors (February 11, 2017)
Know Your Rights Information
- DHS Interactive Infographic on Protections for Immigrant Victims
- Immigration Options for Victims of Crime -DHS Brochure
- DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims) (January 12, 2017)
- Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the US and Facts about Immigrating on a Marriage-based Visa
- Multilingual Materials for Victims and Advocates
- Pathways to Immigration Relief for Students
VAWA Self-Petition
- Chapter 3.3 VAWA Self-Petition (2013)
- VAWA Self-Petitioning Evidence Checklist
- VAWA Self-Petitioning Flow Chart for Child Applicants
- Flowchart: VAWA Self-Petitioning Eligibility for Elder Abuse Survivors
- Flowchart: VAWA Self-Petitioning Eligibility for Adults
- Good Faith Marriage in VAWA Self-Petitioning Cases
- Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases
- Chapter 07: Preparing the VAWA Self-Petition and Applying for Lawful Residence
Abused Spouses of Work Visa Holders
Battered Spouse Waivers
VAWA Cancellation of Removal and Suspension of Deportation
U Visas
- Chapter 10 U-Visas: Victims of Criminal Activity (2013)
- U Visa Evidence Checklist
- U-Visa: “Helpfulness” Checklist
- U-Visa Toolkit for Law Enforcement Agencies and Prosecutors (October 2018)
- U-Visa Certification Tool Kit for Federal, State and Local Judges, Commissioners, and Magistrates (September 18, 2018)
- DHS U and T Visa Law Enforcement Resource Guide for Federal, State, Local, Tribal and Territorial Law Enforcement, Prosecutors, Judges, and Other Government Agencies
- U-Visa Quick Reference Guide for Law Enforcement and Prosecution Officials
- Department of Homeland Security: U Visa Immigration Relief for Victims of Certain Crimes: An Overview for Law Enforcement (February 2017)
- 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 Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations
- Superior Court of California County of San Francisco Civil Division U-Visa Certification Protocol
T Visas
- Human Trafficking and the T-Visa
- Sample Questions for Identifying a Trafficked/Enslaved Person
- Blue Campaign: What You Can Do- Recognizing and Supporting Trafficking Victims in the Courtroom
Child and Student Victims
- Pathways to Immigration Relief for Students
- Chapter 08: Immigration Relief for Child Sexual Assault Survivors
- Chapter 13: When Foreign Students or Their Family Members Are Sexually Assaulted: Immigration Implications of the Student and Exchange Visitor System
- Interim and Supportive Measures to Help and Protect Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking and Sexual Harassment (October 28, 2016)
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “F” Visa Holders (October 27, 2016)
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “J” Visa Holders (October 27, 2016)
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “M” Visa Holders (October 27, 2016)
Special Immigrant Juvenile Status
- Immigration Protection Screening Checklist: Special Immigrant Juvenile Status
- Immigration Relief for Abused Children (brochure)
- Special Immigrant Juvenile Status: Information for Juvenile Courts
- Special Immigrant Juvenile Status; Information for Child Welfare Workers
- The Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practice for Judges and Courts (April 2018)
- Chapter I – Introduction to Special Immigrant Juvenile Status
- Chapter II – Details About Special Immigrant Juvenile Status (SIJS) Findings
- Chapter III – Abuse, Abandonment, or Neglect – The Role of State Law Definitions in Special Immigrant Juvenile Status Findings
- Chapter IV – Application of the Best Interest of the Child Standard in SIJS
- Chapter V-1 – Adoption Quick Reference
- Chapter V-2 – Civil Protection Orders Quick Reference Guide
- Chapter V-3 – Custody Quick Reference Guide
- Chapter V-4 – SIJS in Declaratory Judgment Cases Quick Reference
- Chapter V-5 – Delinquency Quick Reference
- Chapter V-6 – Dependency Quick Reference
- Chapter V-7 – Guardianship Quick Reference
- Chapter V-8 – Paternity Quick Reference Guide
- Chapter VI – Inadmissibility in SIJS
- Chapter VII – Service of Process in SIJS
- USCIS Policy Manual Special Immigrant Juvenile Status (Dec 14 2016)
- Abused Abandoned or Neglected- Legal Options for Recent Immigrant Women and Girls (August 2016)
- New Practice Advisory on Special Immigrant Juvenile Status Applications Published: Additional Information for Judges and Attorneys
- Factors That Can Demonstrate That It is Not in a Child’s Best Interests to be Returned to Their Home Country (October 2018)
VAWA Confidentiality
Webpages and Webinars
- VAWA Confidentiality Protections for Immigrant Crime Victims (Webpage) (February 23, 2017)
- VAWA Confidentiality and Protections for Immigrant Victims of Domestic Violence (October 31, 2017)
- VAWA Confidentiality Webinar (February 9, 2015)
Training Materials
- Three Prongs of VAWA Confidentiality
- Family Court Bench Card on Violence Against Women Act (VAWA) Confidentiality
- VAWA Confidentiality Statutes, Legislative History and Implementing Policy (2.23.17)
- February 2018 Newsletter: New ICE Policies on Courthouse Enforcement and VAWA Confidentiality
- Civil Immigration Enforcement Actions Inside Courthouses (January 10, 2018)
- Newsletter on VAWA Confidentiality
- Chapter 3 of Empowering Survivors: VAWA Confidentiality, History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections
- Chapter 3.2: VAWA Confidentiality and Breaches of Confidentiality
- Service Provider Confidentiality Safeguards: Best Practices
VAWA Confidentiality and Discovery
- VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
- Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law
- Utilizing VAWA Confidentiality Protections in Family Court Proceedings**
- Motion in Limine Sample VAWA Confidentiality Violations
Trauma-Informed Help for Immigrant Survivors
- Trauma Informed Structured Interview Questionnaires for Immigration Cases (SIQI)
- Trauma-Informado Cuestionario para Entrevistas para Casos de Inmigración
- Advocate’s and Attorney’s Tool for Developing a Survivor’s Story: Trauma Informed Approach
- How to Prepare Your Case Through a Trauma Informed Approach: Tips on Using the Trauma Informed Structured Interview Questionnaires for Family Court Cases (SIQI) 7.23.15
Family Law Protections for Immigrant Survivors
Securing Attendance of a Detained Parent at Court
- How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal Proceedings
- DHS Detained Parent Directive
- DHS Fact Sheet: ICE Policies and Procedures Involving Detained Parents and Legal Guardians (March 2018)
Divorce
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
- Obtaining Custody of Children for Battered Immigrants**
- Immigration Status: Work Authorization, Public Benefits and Ability to Sponsor Children
- Justice for All: How Attorneys Can Successfully Win Custody Cases for Immigrant Survivors When There Is a Clash of Laws, Cultures, Custody, and Parental Rights
- 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
- Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights: Family and Intimate Partner Violence Quarterly Fall 2016/Winter 2017**
- NIWAP October 2018 Custody Newsletter (October 19, 2018)
- Vulnerable but not Broken: Psychosocial Challenges and Resilience Pathways in Unaccompanied Children from Central America
- State by State Comparison of Best Interests of the Child Factors – Comparison Charts and Maps See Appendix Q
- Understanding the Significance of a Minor’s Trauma history in Family Court Rulings
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
- Unintended Consequences: How Civil Protection Orders Affect Immigrants, Delaware Lawyer’s Magazine
- Creative Methods in Protecting Battered Immigrants
Economic Relief in Family Court
- State Court Bench Card: Immigration Victim’s Economic Remedies
- Immigration Concerns for Family Law Practitioners
- Chapter 06.4: Ensuring Economic Relief for Immigrant Victims Through Family Law Proceedings: Child Support and Spousal Support
- Providing Economic Relief for Immigrant Victims: Child Support and Spousal Support**
Access to Publically Funded Services and Public Benefits for Immigrant Survivors
Public Benefits Interactive Maps and State Charts
- Interactive Public Benefits Map
- All State Public Benefits Charts
- Nebraska State Public Benefit Chart
- A Guide to Public Benefits Map for Immigrant Survivors of Crime
Helping Survivors Access Public Benefits
- Public Benefits Flow Charts: VAWA Self-Petition and Cancellation, U-Visas, T-Visas and SIJS
- Family Court Bench Card on Immigrant Crime Victim Access to Public Benefits and Services
- Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status
- Anti-Discrimination Provisions that Apply to Programs Receiving Federal Funding Serving Victims of Violence against Women Crimes
- Access to Programs And Services That Can Help Victims of Sexual Assault
- Access to Programs and Services that Can Help Battered Immigrants
- Public Benefits Access for Battered Immigrant Women and Children
- Barriers to Accessing Services: The Importance of Advocates Accompanying Battered Immigrants Applying for Public Benefits
- Training Materials: Public Benefits (Last Updated – February 2018)
Immigrant Access to Shelter and Transitional Housing Programs
- Joint Agency Letter On Shelters and Transitional Housing (Web Page August 12, 2016)
- Policy Links: Shelter and Transitional Housing Immigrant Victims
- HUD-HHS-DOJ Letter Regarding Immigrant Access to Housing and Services
- HUD, SNAPS, The Personal Responsibility and Work Opportunity Act of 1996 and HUD’s Homeless Assistance Programs (Aug. 16, 2016)
- Shelter-Transitional Housing Fact Sheet
- NIWAP, Brochure for Transitional Housing
- NIWAP, Fact Sheet: Immigrant Access to Emergency Shelter and Transitional Housing (Oct.23, 2016)
Immigrant Rights to Access Public & Assisted Programs
- Eligibility of VAWA Self-Petitioners for Financial Assistance Under Section 214 of the Housing and Community Development Act of 1980 (December 15, 2016)
- HUD – VAWA Self-Petitioner Verification Procedures (January 19, 2017)
- Webinar-Immigrant Crime Victim Access to Federally Assisted Housing (February 22, 2017)
- Access to Public and Assisted Housing VAWA Self-Petitioners (January 26, 2017)
- NHLP Chart Federally Assisted Housing and Immigrant Eligibility (Feb. 2017)
- NHLP-Housing Covered by Section 214 (Feb. 2017)
- How to Advocate for Public and Assisted Housing for Your Battered Immigrant or Trafficking Survivor Client (2017)
- Chapter 16.2 Appendix: HUD Programs and Immigrant Eligibility
Health Care
- Healthcare Access for Immigrants who are NOT Eligible to Access the Healthcare Exchanges
- Immigrants’ Access to Programs and Services Necessary to Protect Life and Safety and Post-Assault Health Care
- Pre-Natal Care for Immigrant Victims – All States
- Post Assault Healthcare and Crime Victim Compensation for Immigrant Victims and Children– All States
- Emergency Medicaid for Immigrant Victims – All States
- Coverage for Forensic Costs for Immigrant Victims – All States
- Chapter 17: Access to Health Care for Immigrant Victims of Sexual Assault
- Domestic Violence Factsheet: HHS
Legal Support for Immigrant Survivors
- Legal Services Access for All: Implementing the Violence Against Women Act of 2005
- Access to Publicly Funded Legal Services for Immigrant Survivors
- Legal Services Corporation Immigrant Representation Regulations 45 C.F. R. 1626, April 18, 2014
- Legal Services Corporation Program Letter 14-3
- Legal Services Program Letter 14-2
- Amendments to Public Law 105-119 (111 Stat. 2511)
- LSC Advisory Opinion on Permissibility of Providing Legal Services to Noncitizen Parents and Guardians of Children Seeking SIJS
- Legal Services Corporation (LSC) Funded Legal Services Newsletter (June 2016)
- Webinar- And Legal Services for All: New 2014 Legal Services Corporation Regulations Implementing VAWA 2005’s Immigrant Crime Survivors’ Access to Legal Services (November 3, 2014)
Collaborative Approaches to Serving Immigrant and Refugee Survivors
- Building Trusting Relationships: A Guide for Advocates/Attorneys Working With Law Enforcement On U-Visa Certification Issues
- U-Visa Legal Advocacy: Overview of Effective Policies and Practices
- Chapter 04: The U-Visa Remedy for Immigrant Victims of Sexual Assault and the Need For Multidimensional Collaboration
- Immigrant and Limited English Proficient Victims’ Access to the Criminal Justice System: The Importance of Collaboration
- Chapter 01.2: Collaboration, Confidentiality, and Expanding Advocacy
**If you have difficulty accessing this publication please contact for assistance NIWAP at (202) 274-4457 or info@niwap.org