Immigration Options for Survivors and the Court’s Role (PowerPoint)

Faculty Presenters

• Leslye Orloff, Director, National Immigrant Women’s Advocacy Project
• Hon. Julie R. Breslow, D.C. Superior Court
• Hon. Susan Breall, San Francisco Superior Court

Useful Resources

• State Justice Institute (SJI) and National Judicial Network Training Materials
• U Visa Certification and T Visa Declaration Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates, and other Judicial Officers
• The Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practice for Judges and Courts

Special Immigrant Juvenile Status

• Special Immigrant Juvenile Status – Best Practices of Drafting Findings
• State Court Findings for Youth Seeking Special Immigrant Juvenile Status

U and T Visa Certification by Judges

• U Visa Certifications and Special Immigrant Juvenile Status: A Judge’s Role
• Expert Advice for Judges: How to Handle U Visa Certification Requests
• Obtaining U Visa Certification from Judges in Protection Order, Family, Criminal, and Other State Court Proceedings
• DHS U and T Visa Certification Videos for Law Enforcement (Helpful to courts and all certifiers)

VAWA Confidentiality, Discovery and Courthouse Enforcement

• VAWA Self-Petition: Protections for Immigrant Survivors of Domestic and Sexual Abuse by Abusive Spouses and Parents
• Protections for Immigrant Survivors of Domestic and Sexual Violence Under the Violence Against Women Act Confidentiality Protections
• Impact of DHS Enforcement Priorities on Courts: VAWA Confidentiality and Enforcement
• VAWA Confidentiality Webinar
• VAWA Confidentiality: Understanding the Three Safeguards and Limited Discovery Exceptions When Advocating for Survivors in Family and Criminal State Courts

Forms of Immigration Relief

• Blue Card: Screening Tool for Victims Who Qualify for Immigration Protective Relief

U and T Visa Certification

• U Visa Certification and T Visa Declaration Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates, and other Judicial Officers
• Model U and T Visa certification Protocol for State Courts
• U Visa Quick Reference for Judges
• T Visa Quick Reference Guide for Judges
• U-Visa Application Flow Chart for Judges
• T Visa Application Flow Chart for Judges
• U Visa Protections for Family Members
• T Visa Protections for Family Members
• U-Visa: “Helpfulness” Checklist
• DHS U and T Visa Law Enforcement Resource Guide
• DHS Policy Answers to Law Enforcement Reasons for Not Certifying
• Bench Card: U and T Visa Certification Reporting Requirements in California
• U and T Visa Certifications and Certification Reporting Requirements in California
• USCIS U Visa Certification Factsheet Q&A
• Stories From the Field: the Crime Fighting Effectiveness of the U Visa
• Collection of U Visa News Articles
• 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
• Overcoming Fear and Building Trust With Immigrant Communities and Crime Victims (Police Chief Magazine April 2018)
• Bench Card: DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda: Information for State Court Judges
• Understanding the Judicial Role in U-Visa Certification, American Journal of Family Law
• New U and T Visa Application and Certification Forms (January and February 2017)
• Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (National)
• Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (Minnesota)
• U Visa Certification by Judges: Minnesota Board of Judicial Standards Opinion
• National Survey on Types of Criminal Activities: Experienced By U-Visa Recipients
• Expert Advice for Judges: How to Handle U Visa Certification Requests (Webinar)
• State Laws

Forms and Instructions

• DHS: Instructions for Form I-914, Supplement B
• DHS: Form I-914, Supplement B for T visa Endorsement
• DHS: Instructions for Form I-918, Supplement B, for U visa Certification
• DHS: Form I-918, Supplement B, for U visa Certification
• T Visa Declaration (Certification) I-914 Supplement B Instructions
• T Visa Declaration (Certification) Form I-914 Supplement B

Special Immigrant Juvenile Status, Child Abuse & Protective Battered Immigrant Parents

Full Training Manual

• The Special Immigrant Juvenile Status Bench Book: A National Guide to Best Practice for Judges and Courts (April 2018)

SIJS Bench Book Table of Contents

• 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
• Appendix A – SIJS Statutory and Regulatory Provisions
• Appendix B – SIJS Legislative History
• Appendix C ­­– TVPRA-SIJ Neufeld Memo
• Appendix D1 – USCIS SIJS Policy Manual Full – Vol 6
• Appendix D2 – USCIS SIJS Policy Manual Full – Vol 7
• Appendix E – Understanding the Significance of a Minor’s Trauma History in Family Court Rulings
• Appendix F – DHS Interactive Infographic on Protections for Immigrant Victims
• Appendix G – DHS Immigrants Options for Victims of Crime (English)
• Appendix H – DHS SIJS Brochure
• Appendix I – DOJ Language Access Letter to Courts
• Appendix J – Types of Proceedings SIJS Findings
• Appendix K – State Law Definitions of Child Abuse
• Appendix L – Abandonment of Children Statutes Definitions
• Appendix M – State Law Definitions of Child Neglect
• Appendix N – Domestic Violence Includes Child Abuse and Child Neglect
• Appendix O – States Definitions of Child Endangerment as More Severe Than Neglect
• Appendix P – State Law Definitions of Forced Marriage as Child Abuse
• Appendix Q – Best Interests of the Child Matrix
• Appendix Q-1 – Best Interests of the Child All Factors
• Appendix Q-2 – Best Interests – Catch All
• Appendix Q-3 – Best Interests – Child’s Family Relationships
• Appendix Q-4 – Best Interests – Child’s Needs
• Appendix Q-5 – Best Interests – Child’s Wishes
• Appendix Q-6 – Best Interests Continuity and Stability of Child Factor
• Appendix Q-7 – Best Interests of the Child – Family Violence
• Appendix Q-8 – Best Interests – Joint Custody
• Appendix Q-9 – Best Interests – Parental Cooperation Conflict
• Appendix Q-10 – Best Interests – Parental Fitness
• Appendix Q-11 – Best Interests – Parental Wishes
• Appendix Q-12 – Best Interests – Substance Abuse, Mental Illness, and Criminal History Factor
• Appendix R – Custody in Protection Orders Proceedings
• Appendix S – Using Declaratory Judgment in Family Law Matters
• Appendix T – Declaratory Judgments – Cases By Topic & State
• Appendix U – SIJS and State Declaratory Judgment Statutes – State by State
• Appendix V – Guardianship Appointment of Guardian Chart
• Appendix W – When Guardianship Terminates
• Appendix X – SIJS Case Law Chart
• Appendix Y – States with Rules Identical to FRCP 4
• Appendix Z – Glossary of Terms for Work with Immigrant Survivors

SIJS Training Materials

• 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
• Immigration Protection Screening Checklist: Special Immigrant Juvenile Status
• Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls (August 2016)
• Types of Proceedings in Which State Courts Can Make Special Immigrant Juvenile Status Findings
• Immigration Relief for Abused Children
• Special Immigrant Juvenile Status: Information for Juvenile Courts
• Special Immigrant Juvenile Status: Information for Child Welfare Workers
• Comparison Chart of VAWA, U, and SIJS
• Representing Undocumented Children Who Have Been Abused, Neglected, or Abandoned (Special Immigrant Juvenile Status)^**
• Special Immigrant Juveniles- Memorandum #2: Clarification of Interim Field Guidance
• Grounds of Inadmissibility for Special Immigrant Juveniles
• Webinar: Special Immigrant Juvenile Status – Best Practices of Drafting Findings

VAWA Self-Petition

• Introduction to VAWA Self-Petitioning and Flow Charts
• VAWA Self-Petitioning Flow Chart for Child Applicants
• Flowchart: VAWA Self-Petitioning Eligibility for Elder Abuse Survivors
• Flowchart: VAWA Self-Petitioning Eligibility for Adults
• Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS
• Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases
• Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the US and Facts about Immigrating on a Marriage-based Visa

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