Webinar Description
Victim advocates, attorneys, justice system, and other professionals play a crucial role helping immigrant survivors of domestic violence, child/elder abuse, sexual assault, stalking, and human trafficking gain access to justice and the full range of services and assistance they are legally entitled to receive. This webinar will provide an overview of the paths to legal immigration status for survivors of crime and abuse. It will also detail how filing for immigration relief expands access to publicly funded benefits and services for immigrant victims and their children in New York. Participants will build skills to identify the benefits for which immigrant victims qualify and best practices for accompanying immigrant survivors applying for benefits they or their children are eligible to receive. In addition, the webinar will address the VAWA confidentiality protections against deportation for victims and special issues that arise for immigrant survivors in protection order cases. Webinar attendees will receive access to tools, training materials, resources, and technical assistance to support their work with immigrant survivors and their children. NIWAP hosted this webinar in collaboration with Opportunities for Otsego.
Call or Email NIWAP for Technical Assistance
If you are a law enforcement officer, prosecutor, or a system-based victim advocate or other staff working for a law enforcement or prosecution agency wanting to improve your response to immigrant victims and you would like to receive case specific technical assistance on language access requirements and immigration protections for crime victims/survivors of sexual violence, intimate partner violence, stalking, and human trafficking and their children, please call NIWAP for technical assistance (202) 274-4457 or email us at info@niwap.org.
Training Materials
Immigration Relief
Violence Against Women Act (VAWA) Self-Petition
- VAWA Self-Petition: Protections for Immigrant Survivors of Domestic and Sexual Abuse by Abusive Spouses and Parents (April 22, 2020)
- Auto-Petición VAWA: Protección para inmigrantes sobrevivientes de maltrato por parte de sus familiares que son ciudadanos o residentes permanents (May 7, 2020)
- Pro bono Institute “Violence Against Women Act (VAWA) Self-Petition” Training Module (June 18, 2018)
U Visas
- Pro Bono Training Institute “U Visa” Training Module (June 21, 2018)
- DHS U and T Visa Training Videos (September 25, 2013)
- Expert Advice for Judges: How to Handle U Visa Certification and T Visa Endorsement Requests (December 1, 2014)
- Battered Women’s Justice Program (BWJP) Assessing Helpfulness for Immigrant Crime Victims (April 10, 2015)
- Battered Women’s Justice Program (BWJP) Immigrant Crime Visas: Law Enforcement’s Tool to Strength Community Policing (February 18, 2015)
- The U Visa as a Crime-Fighting Tool: How Certification Improves Domestic and Sexual Violence Investigations and Prosecutions (February 20, 2020)
Public Benefits
- Immigrant Access to Federally Funded Housing Webinar: Collaboration with the National Housing Law Project
- Public Benefits and Services Legally Available to Immigrant Children and Victims – What Courts Need to Know?
- Healthcare: Understanding the Affordable Care Act and How it Affects Immigrant Survivors
- Yes We Can!: Public Benefits for Immigrant Survivors
Protection Orders
- Immigrants and Protection Orders Bench Card
- Battering or Extreme Cruelty Drawing Examples from Civil Protection Orders and Family Law Cases
- Chapter 05.1: Battered Immigrants and Civil Protection Orders
- Chapter 05.2: Ensuring Access to Protection Orders for Immigrant Victims of Family Violence
- Chapter 15: Jurisdictionally Sound Protection Orders
- Battered Immigrant Women in the United States and Protection Orders: An Exploratory Research
- Chapter 14.01: Protection Orders of Immigrant Victims for Sexual Assault
- Unintended Consequences: How Civil Protection Orders Affect Immigrants, Delaware Lawyer’s Magazine
- Creative Methods in Protecting Battered Immigrants
- Immigrant Victims of Interpersonal Violence and Protection Orders (2020)
Public Benefits
Public Benefits Interactive Maps and State Charts
- Interactive Public Benefits Map
- All State Public Benefits Charts
- A Guide to Public Benefits Map for Immigrant Survivors of Crime
Bench Cards
- 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
- Bench Card on Trafficking Victim Benefits Eligibility Process
- Bench Card on U Visa Victim Benefits Eligibility Process
- Bench Card on VAWA Public Benefits Eligibility Process
Public Benefits Key Government Documents
- Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (November 17, 1997)
- Final Specification of Community Programs Necessary for Protection of Life or Safety Under Welfare Reform Legislation (January 16, 2001)
- HHS Administration for Children and Families Trafficking Victim Adult Certification Handout (November 6, 2020)
- HHS Administration for Children and Families Trafficking Victim Child Certification Handout (November 6, 2020)
Overviews and Chapters, Multiple Benefits
- Public Benefits Toolkit
- Economic Relief and Public Benefits materials List – Multi-State Judicial Training (Albuquerque)
- 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
- Chapter 16.1 Appendix: HHS Funded Programs Open to All Immigrants
- Chapter 16: Access To Programs And Services That Can Help Victims of Sexual Assault
- Chapter 04.1: Access to Programs and Services that Can Help Battered Immigrants
- Chapter 04.2: Public Benefits Access for Battered Immigrant Women and Children
- Chapter 4.3 Barriers to Accessing Services: The Importance of Advocates Accompanying Battered Immigrants Applying for Public Benefits
CARES ACT and COVID-19 Related Resources Accessible to Immigrant Victims
- Immigrant Crime Victim Access to Relief during the COVID-19 Crisis under the CARES and FFCRA Acts (May 20, 2020)
- Healthcare Available to Immigrant Crime Victims During the COVID-19 Pandemic
- Resources to Support Immigrant Survivors of Domestic Violence and Sexual Assault During the COVID-19 Pandemic
- Disaster Housing Recovery Coalition: Frequently Asked Question: Eligibility for Assistance Based on Immigration Status (May 5, 2020)
- Safe Housing Partnerships: Federal Safe Housing Funding Resources – CARES Act (April 22, 2020)
- Safe Housing for Immigrant Survivors: Legal Resources
- Tenant Rights of Domestic Violence Survivors During COVID – 19 (National Housing Law Project)
Public Charge and Immigrant Victims
- The Impact of the 2020 Public Charge Rule on Transitional Housing (July 9, 2020)
- Post-VAWA 2013: Immigrant Crime Victims and Public Charge
- Privacy Protections for Immigrant Applying for Public Benefits
Non-Work Social Security Numbers
- Obtaining Non-work Social Security Numbers Needed by VAWA Self-Petitioners to Maintain Public and Assisted Housing
- Request That SSA Issue A Non-Work SSN to a Benefits Eligible Immigrant (June 2014 – Washington State Sample)
- Social Security Administration Program Operations Manual System (POMS) (July 2017)
- Tri-agency Letter: Citizenship Immigration Status and Social Security Numbers
- Evidence Checklists for Work with Immigrant Survivors – Includes Benefits and Non-Work Social Security Numbers
- Obtaining Non-Work Social Security Numbers
Legal Services Corporation Funded Assistance for Immigrant Victims
- 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 Corporation (LSC) Funded Legal Services Newsletter (June 2016)
- Permissibility of Providing Legal Services to Noncitizen Parents and Noncitizen Guardians of Children Seeking Special Immigrant Juvenile Status
- Webinar: “And Legal Services For All: New 2014 Legal Services Corporation Regulations Implementing VAWA 2005’s Immigrant Crime Survivors’ Access To Legal Services” (October 30, 2014)
Child Care
- Immigrant Crime Victim Child Care Access Chart
- Head Start Programs Memo
- Clarification of Interpretation of “Federal Public Benefit” regarding Child Care and Development Fund (CCDF) Services
Driver’s Licenses
Education
- National Findings on University and College Responses to Foreign-Born Student Victims
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “M” Visa Holders
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “J” Visa Holders
- Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “F” Visa Holders
- Student Aid Eligibility – Title IV Aid for “Battered Immigrants-Qualified Aliens” as provided for in VAWA
- Federal Student Aid Handbook – Immigration Status Eligible Students
- Chapter 13: When Foreign Students or Their Family Members Are Sexually Assaulted: Immigration Implications of the Student and Exchange Visitor System
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 and Child Health 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
Housing – Shelter and Transitional Housing
- Joint Agency Letter On Shelters and Transitional Housing (Web Page August 12, 2016)
- Webinar-Immigrant Crime Victim Access to Federally Assisted Housing (February 22, 2017)
- 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)
- NIWAP, Brochure for Transitional Housing
- NIWAP, Fact Sheet: Immigrant Access to Emergency Shelter and Transitional Housing (Oct.23, 2016)
Housing – Public and Assisted
- Access to Public and Assisted Housing VAWA Self-Petitioners –Webpage (January 26, 2017)
- HUD, Memo for Secretary Julian Castro from Tonya Robinson, Acting General Counsel re: Eligibility of Battered Noncitizen Self-Petitioners for Financial Assistance Under Section 214 of the Housing and Community Development Act of 1980 (Dec. 15, 2016)
- HUD, Notice PIH 2017-02 (HA), Violence Against Women Act (VAWA) Self-Petitioner Verification Procedures (Jan. 19, 2017)
- NHLP, Memo: HUD Housing Covered by Section 214 of the Housing and Community Development Act
- NHLP, Chart on Federally Assisted Housing and Immigrant Eligibility (Jan. 2018)
- NIWAP, How to Advocate for Public and Assisted Housing for Your Battered Immigrant or Trafficking Survivor Client (Feb. 8, 2017)
- NIWAP & Legal Momentum, HUD Programs and Immigrant Eligibility, Chapter 16.2 (Feb. 8, 2017)
Low-Income Home Energy and Weatherization Assistance Programs
SNAP – Food Stamps
TANF