Publisher: Legal Momentum

[pdf] Using the Law to Empower Victims (+)

Overview of VAWA, T and U visa immigration options for immigrant victims of domestic vioelnce and sexual assault. Discussion of DHS policies on humanitarian release from detention and 8.20.10 policy not detain and dismiss immigration cases against immigrants with valid cases filed for immigration relief including VAWA, T and U visa applicants.

Published 10/28/16 by

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[pdf] Public Benefits and Language Access (2016) (+)

Presentation at the Culture and Compassion Conference Indianapolis, Indiana covering access to federal and state funded assistance and services to immigrant victims without regard to immigration status, state and federal public benefits open to qualified immigrants and legal requirements of U.S. language access laws.

Published 10/29/16 by

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[pdf] Violence Against Women Act: Current Protections and Future Possibilities for Immigrant Victims of Sexual Assault and Domestic Violence (+)

Sponsored by Peace Over Violence, Los Angeles, CA. Topics Covered: History and purpose of the Violence Against Women Act’s immigration protections, safety planning and deportation, services open to undocumented victims, legal rights of immigrant victims of sexual assault and domestic violence, VAWA confidentiality, how immigrant women will benefit from Comprehensive Immigration Reform and the International Violence Against Women Act.

Published 10/13/16 by

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[pdf] Battered Immigrants and U.S. Citizen (USC) Spouses (April 24, 2006) (+)

This paper reviews and provides data about the dynamics of domestic violence experienced by immigrant women. This information will help adjudicators who decide cases involving battered immigrant women better understand and consider the evidence presented, against a background of the research on domestic violence and immigrants. A second important goal of this paper is to provide information and data that will assist legislators and government agency policy makers in crafting legislation and administrative agency regulations and policies that will be grounded in the reality of the dynamics of domestic violence experienced by immigrant women.

Published April 24, 2006 by

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[pdf] Defensa Para Mejorar Servicios Para Mujeres Emigrantes E Inmigrantes Maltratadas Que Viven En Comunidades Rurales (+)

Evidence Lists for VAWA self-petitioners in Spanish. Lista en español de documentos necesarios o útiles para un caso de inmigración para una auto-petición de víctima de violencia doméstica o maltrato cruel.

Published May 8, 2015 by

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[pdf] Chapter 03.7: Domestic Violence and Sexual Assault Survivors and Gender-Based Asylum (+)

This chapter is designed to help advocates and attorneys not trained in immigration law identify when a survivor might be eligible for gender-based asylum and explain how to help a survivor develop the evidentiary record necessary to succeed in bringing a gender-based asylum claim. Survivors of domestic violence and sexual assault who fear returning to their home country may be able to obtain lawful status in the United States by applying for gender-based asylum. If an applicant is successful in her application for asylum, she will be authorized to live and work in this country; subsequently apply to become a lawful permanent resident; and eventually become a U.S. citizen.

Published July 1, 2014 by ,

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[pdf] Sample Criminal Court VAWA Confidentiality Protections – Amici Curiae Brief of Legal Momentum, Sanctuary for Families, and National Immigrant Women’s Advocacy Project (2012) (+)

Legal Momentum, Sanctuary for Families, and National Immigrant Women’s Advocacy Project submitted this brief on VAWA confidentiality protections as Amici curiae in support of the Defendants’ Motion to Dismiss in the United States District Court for the Eastern District of New York in a criminal court case.

Published October 10, 2012 by

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[pdf] Collecting Stories to Illustrate the Need for Proposed Reforms to Aid Immigrant Victims (+)

Story collection allows advocates to assess and document the problems that victims face in their communities when they seek help from the police, the justice system, victim services, social services, or the healthcare system. This story collection tool provides a step by step guide to help advocates, attorneys and community based programs working with crime victims document problems in the field that victims encounter that impede their access to services, the justice system, health care and other assistance and legal rights. This story collection process can be tailored to a variety of different issues and groups of victims.

Published October 12, 2011 by

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[pdf] Harboring and Transportation of Undocumented Persons: Information for Domestic Violence, Sexual Assault and Victim Services Agencies (+)

To help protect undocumented immigrants against domestic violence, the federal government has established certain safeguards to encourage undocumented women to report, and fully cooperate in the investigation of, incidents of domestic abuse without fear of arrest or removal from the United States. These protections guarantee that all women, without regard to immigration status, have access to programs and services necessary to protect their life and safety, such as domestic violence shelters, emergency medical service and victim assistance programs.

Published July 20, 2011 by

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[pdf] Power of Attorney Designation Instructions for Guardianship of Child (June 2010) (+)

A guardianship election form is a notarized statement indicating who should have the authority to act as the temporary guardian of your child should a client be suddenly unavailable to care for their child. Circumstances include hospitalization or immigration detention.

Published June 2010 by

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[pdf] T and U-visa Holders Need Legal Permanent Residency: Real Life Stories (+)

A collection of real life stories that illustrate the hardships U visa and T visa holders face without access to lawful permanent residency included in the U visa and T visa statues. This collection was submitted to the U.S. Department of Homeland Security and the Office of Budget and Management as part of advocacy to secure issuance and influence the protections that would be included in the T and U visa lawful permanent residency (adjustment of status) regulations.

Published July 3, 2008 by

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[pdf] Funding Effective Program Services for Immigrant Victims of Domestic (2007) (+)

This monograph is designed to help Family Violence Prevention Service Act (FVPSA) Grant administrators expand services to projects that serve immigrant victims of family violence. Specifically, it will focus on factors administrators should examine to determine how effective a program will be in serving a targeted, immigrant population. It will provide guidelines to distinguish between programs that claim to be open to immigrants and those that have established true and trusting relationships with immigrant communities. Often, the projects best able to reach and effectively serve immigrant victims are collaborations between mainstream domestic violence and sexual assault victim service programs and programs that have experience and trusting relationships with women in immigrant communities. Additionally, this monograph will assist FVPSA administrators by providing insight to enhance these collaborations and by providing tools that can be used to ensure that funds support effective services provided through relationships between mainstream programs and those serving immigrant victims.

Published April 21, 2007 by

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[pdf] PUBLIC BENEFITS ACCESS FOR BATTERED IMMIGRANT WOMEN AND CHILDREN: FACT SHEET (2007) (+)

Information regarding public benefits access for battered immigrant women and children. This reading covers who are qualified immigrants, what benefits can qualified immigrants receive, how do battered immigrants become qualified immigrants, what is substantial connection, exemptions from deeming requirements, and benefits available to all immigrants.

Published February 2007 by

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[pdf] VAWA 2005 Immigration Provisions (+)

While VAWA 1994 and 2000 made significant progress in reducing violence against immigrant women, there are still many women and children whose lives are in danger today. Many VAWA-eligible victims of domestic violence, sexual assault, child abuse, or trafficking are still being deported. Others remain economically trapped by abusers or traffickers in life-threatening situations. Some needy victims of family violence, including incest survivors and elder abuse victims, are totally cut off from VAWA’s immigration protections. Finally, many trafficking victims are too afraid to cooperate with law enforcement for fear that traffickers will retaliate against their family members. VAWA 2005 eliminates some of the major obstacles immigrant crime survivors face in achieving safety and legal immigration status.

Published January 5, 2006 by

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[pdf] VAWA 2005 HR 3402 Sec. 825(c): Certificate of Compliance with Restrictions on Disclosure (+)

VAWA 2005 section 825 (c) amended INA section 239 (8 U.S.C. 1229), adding a requirement that a certificate of compliance be filed if an enforcement action took place at a sensitive location that lead to a removal proceeding to ensure that confidentiality provisions in Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) were complied with.

Published n.d. by

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[pdf] Advocacy to Improve Services for Battered Migrant and Immigrant Women Living in Rural Communities (+)

This manual aims to enhance the ability of women in rural areas who are survivors of domestic violence to become leaders against domestic violence in their communities. Trained survivors are effective advocates who can educate others about domestic violence and can provide advocacy to ensure that battered farm worker women can access the broad range of legal and social services available to help battered women. This advocacy and support is needed to ensure that police, courts, shelters, public benefits, immigration and health care systems do not fail farm worker battered women who are legally entitled to help. Most employees working in these systems are unaware of the special legal protections available to battered immigrant women and farm worker women.
**NOTE: This manual has not been updated to include law changes occurring since the manual was first published in 2004. Please see other materials in this web library for up to date information on immigration, public benefits, health care and legal services assistance and relief for immigrant survivors.

Published August 10, 2011 by ,

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[pdf] Crossing the Threshold to Safety: Stories of Immigrant Crime Victims Who Will Benefit From Attaining U-visas (+)

Stories of victims who will benefit from U visa protections. These stories were collected as part of the effort to secure regulations implementing the U visa protections that became law as part of VAWA 2005.

Published August 16, 2001 by

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[pdf] Improving Accessibility of Your Program’s Services to Battered Immigrant Women (+)

Lack of information about and access to services to assist battered women is one of the major obstacles battered immigrant women encounter when they consider fleeing a violent relationship. For immigrant women who do not speak English, communities without bilingual services are communities without any services. This tool outlines steps programs can take to improve accessibility of the program’s services for immigrant and limited English proficient survivors.

Published 2001 by

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[pdf] Overcoming Cultural Barriers in Working With Immigrant Battered Women (+)

Describes cultural barriers battered immigrants face when seeking help from advocates and attorneys and tips for using open-ended questions and good listening skills. By creating an environment in which each battered immigrant feels safe to describe their needs, concerns and fears from withing the victim’s own cultural context advocates and attorneys can use an approach that will be effective in serving immigrant victims from varying cultures, immigration statuses and linguistic backgrounds.

Published October 1, 1998 by ,

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