Publisher: * NIWAP/Legal Momentum

[pdf] Evidence Checklist for Immigrant Victims Applying for the Crime Victim Visa (+)

Under the Victims of Trafficking and Violence Protection Act of 2000 (“VTVPA”), battered noncitizens and other crime victims may be eligible for a nonimmigrant visa, the U Visa. This form of relief, if granted, gives the applicant immediate legal status as a nonimmigrant and possible lawful permanent residence in the long-term. The following is a list of the requirements that must be met by an applicant, and some suggestions of evidence that may be offered to meet each requirement. Additionally, the Department of Homeland Security (DHS) is required to consider “any credible evidence” in its adjudication of an applicant’s case. The suggested evidentiary documents in this memo are meant to be guidelines, and not exhaustive descriptions of the types of evidence that may be offered to support an application under the U Visa.

Published 2013 by

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[pdf] Human Trafficking PowerPoint (+)

Learning Objectives: Begin to identify individuals who may be trafficked;Develop interviewing and trust-building techniques to work with trafficking victims;Take steps to expand your organization’s services and/or collaboration to serve trafficking victims;Learn effective strategies for collaboration with law enforcement and other systems to assist victims.

Published April 9, 2009 by

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[pdf] Remedies for Youth, Adolescents, and Young Adult Victims (+)

Power point presentation aimed to train advocates and professionals to better identify different forms of immigration relief available to immigrant youth, understand differences and advantages between victim based immigration remedies for immigrant youth, and to obtain orders from family courts that are either required or helpful for immigration cases filed by immigrant children.

Published August 6, 2014 by

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[pdf] Intersection Between Victim Based Immigration Remedies: Advantages, Special Considerations and Protections to Meet the Survivors Needs (+)

Power point presentation aimed to train individuals to better be able to identify survivors of domestic violence and violent crimes and to understand the differences and advantages between the different victim based immigration remedies.

Published August 6, 2014 by

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[pdf] Chapter 06: Introduction to Immigrant Relief for Immigration Victims of Sexual Assault and Glossary of Terms (+)

Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to help advocates and attorneys identify the various forms of immigration relief that may be available to help immigrant victims of sexual assault. Victims of sexual assault may qualify for forms of immigration relief based on their victimization by a family member who is a citizen or lawful permanent resident, they may qualify for other forms of relief based on victimization by a non-family member, and/or they may qualify for other legal immigration status wholly unrelated to the abuse or victimization (e.g. student visas, work visas).

Published 2014 by

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[pdf] Letter to Immigrant Women Program from U.S. Immigration and Customs Enforcement Regarding “Rights and Options for Battered Immigrant, Migrant, and Refugee Women and Immigrant Women Who Met Their Spouses Through International Matchmaking Agencies.” (+)

Letter to Immigrant Women Program from U.S. Immigration and Customs Enforcement regarding Legal Momentum’s draft booklet entitled: “Rights and Options for Battered Immigrant, Migrant, and Refugee Women and Immigrant Women Who Met Their Spouses Through International Matchmaking Agencies.”

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[pdf] Chapter 01.2: Collaboration, Confidentiality, and Expanding Advocacy (+)

This chapter (1.2) discusses best practice for collaborations between victim advocates and attorneys and justice system personnel, particularly law enforcement. These collaborations are best practices for effectively serving immigrant survivors of domestic and sexual violence.

Published September 23, 2014 by

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[pdf] State Courts and the Protection of Immigrant Crime Victims and Children (2014) (+)

The learning objectives for this presentation are: understand the intersections between state court proceedings and immigration law, recognize facts that indicate a party qualifies for legal immigration status, know how accurate immigration law information affects just and fair outcomes in state courts, learn about findings in state court cases that are helpful to an immigrant crime victim’s immigration case, and obtain U visa certifications from law enforcement or judges.

Published July 29, 2014 by , ,

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[pdf] Chapter 09: VAWA Cancellation of Removal (+)

This chapter provides basic information on VAWA cancellation of removal, lists the eligibility requirements that must be met by an applicant, and provides some suggested examples of evidence that an attorney or advocate may offer to meet each requirement. This chapter is designed to help advocates and attorneys who are not immigration attorneys identify immigrant victims who may be eligible for cancellation of removal. The information provided will also be useful to immigration attorneys who may not have experience with domestic violence, sexual assault, or incest cases. This chapter will help them to work in collaboration with advocates and other attorneys assisting immigrant victims. The most successful cancellation of removal cases are those in which advocates and civil attorneys support the efforts of the immigration attorney.

Published July 10, 2014 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] Chapter 05.2: Ensuring Access to Protection Orders for Immigrant Victims of Family Violence (+)

This chapter addresses the importance of protection orders as a tool to prevent domestic violence and discusses the authority and obligation of family court judges to issue protection orders to all survivors of intimate partner violence. Most importantly, this chapter explains the distinct separation between the powers of family court judges to issue protection orders and other family court remedies to survivors of domestic violence and the federal authority to grant or revoke immigration status.

Published July 1, 2014 by

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[pdf] Chapter 03.5: Additional Remedies Under VAWA: Battered Spouse Waiver (+)

This chapter provides an overview of conditional residence and explains the process involved in attaining and removal of that status. The chapter details the different waivers to the joint petition, specifically the Battered Spouse Waiver, that were created by the Immigration Act of 1990. The chapter also provides guidance on how to spot potential Battered Spouse Waiver applicants and how to effectively prepare a Battered Spouse Waiver.

Published July 1, 2014 by

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[pdf] Chapter 13: When Foreign Students or Their Family Members Are Sexually Assaulted: Immigration Implications of the Student and Exchange Visitor System (July 1, 2014) (+)

This chapter focuses on recent changes in the foreign student visa system and explores how these changes affect the way academic institutions interact with sexual assault survivors who happen to be foreign students or family members of foreign students. Likewise, this chapter provides an overview for advocates and attorneys of immigration relief available to immigrant victims of sexual assault and domestic violence.

Published July 1, 2014 by

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[pdf] Chapter 19: The Criminal Justice System and Immigrant Victims (+)

This chapter is designed to help advocates and attorneys assist immigrant victims of sexual assault and domestic violence avoid the harmful immigration consequences of criminal convictions and/or findings that an immigrant has violated a protection order. Such convictions and findings can lead to loss of legal immigration status and potentially deportation for persons who are not citizens of the United States. For non-citizen sexual assault or domestic violence victims, criminal issues have serious immigration consequences.
The information provided is intended to serve as an introduction and provides a basic overview of how criminal matters can affect immigrant victims. It is essential to contact an expert on immigration law and the possible consequences of a criminal conviction, and who has experience working with immigrant victims before proceeding with a criminal case involving immigrants. Immigrant victims of sexual assault or domestic violence who become involved in the criminal case involving immigrants. Immigrant victims of sexual assault or domestic violence who become involved in the criminal judicial system as defendants should be advised not to enter into any plea agreement until the victim and her defense attorney have consulted an immigration attorney with expertise on criminal immigration issues and on the legal rights of immigrant survivors.

Published July 1, 2014 by

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[pdf] Access to Transitional and Emergency Housing for Immigrant Crime Victims (2014) (+)

Immigrant victims of domestic violence and child abuse, abandoned, or neglected children and the homeless, including victims of sexual assault at risk of homelessness are entitled to both emergency housing and transitional housing, without regard to their immigration status. However, research has found that immigrant victims are turned away from transitional housing at very high rates. In many instances, advocates and attorneys working with immigrant survivors were/are not aware that battered immigrants and immigrant sexual assault victims are eligible for transitional housing.

Published June 20, 2014 by

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[pdf] CH 1 Dynamics of Sexual Assault and the Implications for Immigrant Women (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter (1) on sexual assault dynamics experienced by immigrant survivors is designed to help deliver culturally sensitive culturally appropriate services to immigrant survivors by well-informed professionals who support survivors in confronting and overcoming the significant legal and personal challenges they may encounter as they heal and recover from sexual assault.

Published March 31, 2014 by

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[pdf] Funding Effective Program Services for Immigrant Victims of Domestic Violence (2014) (+)

Monograph for State STOP Administrators designed to help Violence Against Women Act (VAWA) STOP 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.

Published March 7, 2014 by

[pdf] Common Immigration Issues that Arise in Custody Cases Involving Immigrant Crime Victims and Their Children (+)

This helpful reference covers topics, such as the role of immigration status in custody cases, immigration relief for immigrant crime victims, and common immigration status misconceptions that arise in custody cases.

Published March 4, 2014 by

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[pdf] U-Visa Legal Advocacy: Overview of Effective Policies and Practices (December 12, 2013) (+)

This policy brief provides an overview of successful collaborations that lead to improved access to U visa certification for immigrant crime victims. A review of the experiences reported by grantee organizations of the Legal Assistance for Victims (LAV) Program, administered by the Office on Violence Against Women (OVW) found that successful collaborations with law enforcement agencies that grantees built over time, working on a range of domestic violence and sexual assault issue, led to more positive outcomes for immigrant survivors seeking U visa collaborations. This policy brief contains illustrations and recommendations for best practices for building sustainable collaborations that benefit law enforcement, immigrant victims, advocates, attorneys and the communities.

Published December 12, 2013 by

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[pdf] Department of Homeland Security Policy Answers to Law Enforcement Reasons for Not Certifying (+)

This document presents a list of many questions frequently asked by government agencies considering U visa certification. For each of the often reported reasons that agencies provide for not certifying the documents lists provides correct information in response to that question based on citations to information from published DHS policies, publications, regulations, regulatory history, statutes, roll call videos and training materials.

Published September 27, 2013 by

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[pdf] Arizona State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)

The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.

Published September 23, 2013 by

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[pdf] Alabama State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)

The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.

Published September 23, 2013 by

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[pdf] South Carolina State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)

The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.

Published September 23. 2013 by

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[pdf] Indiana State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)

The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.

Published September 23. 2013 by

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[pdf] Georgia State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)

This chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.

Published September 23, 2013 by

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[pdf] Utah State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)

The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.

Published September 23, 2013 by

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[pdf] CH 01.1 Dynamics of Domestic Violence Experienced by Immigrant Victims (+)

This chapter (1.1) discussed the dynamics of domestic violence as experienced by immigrant victims. It discusses immigrant victim’s experiences with domestic violence as well as fear deportation, economic abuse, child custody, misconceptions victim’s have about the U.S. legal system, immigrant victims interactions with the justice system and how advocates and attorneys can effectively support victims in exercising their legal rights and gaining access to victim services.

Published July 31, 2013 by

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[pdf] Chapter 16.2 Appendix: HUD Programs and Immigrant Eligibility (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter lists the HUD funded programs open to all immigrants without regard to immigration status and the programs whose availability may be limited to “qualified immigrants” as defined by the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA) and immigrants considered “eligible immigrants” under Section 214 of the Housing and Community Development Act.

Published February 22, 2017 by

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[pdf] Chapter 02: Interviewing and Safety Planning for Immigrant Victims of Domestic Violence (+)

This chapter will discuss the best ways for advocates and attorneys to communicate with battered immigrant clients. It will detail effective methods of identifying, interviewing, assisting, and ensuring the safety of domestic violence victims. It will teach advocates and attorneys how to interact with clients in a manner that diminishes the pain involved with discussing the abuse and how to be sensitive to cultural differences.

Published July 10, 2013 by

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[pdf] Chapter 03.1: Introduction to Immigration Relief for Immigrant Victims of Domestic Violence and Sexual Assault and Glossary of Terms (+)

An overview of immigration options for immigrant victims of sexual assault and domestic violence, options related primarily to crime victimization, information on VAWA immigration relief, and a glossary of terms.

To understand immigration law, it is crucial for an attorney or advocate to understand the most commonly used terminology. The following brief descriptions of terms are relevant to assisting battered immigrants.

Published July 10, 2013 by

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[pdf] Chapter 04.2: Public Benefits Access for Battered Immigrant Women and Children (+)

This chapter includes:
– the types of immigration status relevant to a public benefits determination
– the legal definition of a battered “qualified” immigrant
– categories of benefits
– specific eligibility rules for some important federal programs
– the need to accompany battered immigrants applying for benefits
– public charge
– rules regarding inquiries into citizenship and immigration status
– social security numbers

Readers should be aware that many immigrant eligibility provisions and public benefit requirements discussed in this chapter are both complex, and deeply intertwined. Because of this overlapping complexity, some of the information in this chapter is duplicated in more than one section when required for clarity. Our goal is to assure that advocates and attorneys using this manual can easily access the most complete information they will need to assist clients.

Published July 10, 2013 by

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[pdf] Chapter 04.3: Barriers to Accessing Services: The Importance of Advocates Accompanying Battered Immigrants Applying for Public Benefits (+)

This chapter discusses the different barriers which immigrants may encounter with regard to accessing services. It discusses the impact of Welfare Reform on immigrant families. This chapter also includes a policy guidance issued by the Department of Health and Human Services, regarding handling questions on citizenship, immigration status, and social security numbers during the benefits application process, as well as facilitating access to public benefits for persons with limited English proficiency (LEP). Other topics included in this chapter are Medicaid and SCHIP, food stamps, and Temporary Assistance to Needy Families (TANF).

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[pdf] Chapter 04.1: Access to Programs and Services that Can Help Battered Immigrants (+)

This chapter highlights several important types of assistance that nonprofit organizations serving immigrant victims of domestic violence may provide and discusses the requirements that service providers must meet when working with battered immigrant populations. Specifically, the chapter describes shelter services, victim compensation, legal assistance, and other types of federal benefits that organizations may provide to battered immigrants. Next, it discusses federal laws prohibiting service providers from discriminating on the basis of national origin and requiring them to provide services without regard to immigration status when necessary to protect the life and safety of a victim.

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[pdf] Chapter 18: Sexual Harassment and Assault in the Workplace: A Basic Guide for Attorneys in Obtaining Relief for Victims under Federal Employment Law (2013) (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter, authored by William R. Tamayo of the Equal Employment Opportunity Commission, provides an overview of sexual assault and sexual harassment in the work place and the legal remedies under employment laws available for immigrant survivors. This chapter serves as a basic guide for attorneys in obtaining relief for victims under federal employment laws, and includes a discussion of the role of advocates, counselors, or medical professionals.

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[pdf] Chapter 17: Access to Health Care for Immigrant Victims of Sexual Assault (July 10, 2013) (+)

Chapter 17 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter describes the range of services an immigrant victim of sexual assault can access through different programs and services of the health care system. The Health Care Charts contain state-by-state information that helps victims and their advocates identify what health services immigrant victims can access, depending on the State they live in and their immigration status. This chapter discusses how health care access grows as an immigrant victim files for and receives immigration benefits, health care options for undocumented victims, access to health care exchanges for immigrant survivors, which forms of immigration relief bring greatest access to health care, and survivors and their children who may be eligible for health care subsidies under state options and federal law.

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[pdf] Chapter 04: The U-Visa Remedy for Immigrant Victims of Sexual Assault and the Need For Multidimensional Collaboration (+)

This chapter offers a brief analysis of the dimensions and intersections of collaborations needed to most successfully assist an immigrant survivor with the U visa remedy. Although the U visa remedy is available to immigrant victims of enumerated crimes of violence, the focus of this chapter is on building the types of collaborations that are effective in cases of immigrant victims of sexual assault, sexual violence, and abusive sexual conduct.

Published July 10, 2013 by

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[pdf] Chapter 06.1: Countering Abuser’s Attempts to Raise Victim’s Immigration Status in Custody Cases (+)

This chapter is designed to help family lawyers prepare to counter attempts by abusers to raise immigration status in custody cases. Attorneys should be encouraged to use the information in this chapter to educate judges hearing custody cases about the fact that they should not consider immigration status in making custody decisions in the best interests of children. The contents of this chapter are written in a format that could be incorporated into a bench brief to a trial court in a custody matter or that would be included in materials for educating judges.

Published July 1, 2013 by

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[pdf] Breaking Barriers: A Complete Guide to Legal Rights and Resources for Battered Immigrants (+)

Breaking Barriers is a comprehensive tool that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to access a broad range of victim services without regard to immigration status of the immigrant crime victim or their children. Breaking Barriers provides social science research findings, information about laws, policies and best practices, legislative history, tools and checklists that will help professionals working with immigrant survivors navigate intersecting legal and social services options that are legally available to assist all immigrant victims including those who are undocumented.

Published July 2013 by

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[pdf] Chapter 06.3: The Implications of the Hague International Child Abduction Convention: Cases and Practice (+)

This chapter will provide an overview of the Hague Convention and its applications, as well as some practical recommendations to attorneys and advocates working with victims of domestic violence who are considering leaving the country with their children or who are fearful that their abuser may leave the country with their children.

Published July 1, 2013 by

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[pdf] Chapter 02: Ensuring Language Access to Immigrant Victims of Sexual Assault (July 1, 2013) (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides an overview of federal language access laws that apply to work involving immigrant and Limited English Proficient victims of sexual assault. It includes a discussion of the history and development of federal language access laws, Title VI of the Civil Rights Act, how to research demographics of the LEP community in your jurisdiction, definitions of who are LEP persons, federal enforcement of LEP laws, the importance of using qualified interpreters, an overview of language access plans, steps for determining interpreter qualifications, translation requirements, tips and best practices.

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[pdf] Chapter 15: Jurisdictionally Sound Civil Protection Orders (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter discusses the importance of and steps that advocates and attorneys working with immigrant victims of domestic violence, child abuse, elder abuse, stalking and sexual assault can take to ensure that civil protection orders issues to family, stalking and sexual violence victims are jurisdictionally sound and enforceable. It provides practice pointers for avoiding agreement to and objecting to court orders that result in state court issuance of “no-findings” protection orders and lays out best practices for receiving consent protection orders that are jurisdictionally sound and enforceable because they are based on the uncontested affidavit of a victim in a civil case.

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[pdf] Chapter 05.1: Battered Immigrants and Civil Protection Orders (+)

Civil protection orders are available in all fifty states, Puerto Rico, the District of Columbia, and all U.S territories and are designed to protect battered individuals from their abusers. The civil protection order aims to offer the victim protection from future abuse and can be crafted to uniquely address and counter abuse, power, and control in each particular relationship. When civil protection orders are appropriately drafted and consistently enforced, they can provide effective protection for victims of domestic violence. Most importantly, civil protection orders provide a victim-initiated and controlled justice response to domestic violence that does not require criminal justice system involvement. Civil protection orders are initiated by the victim, thus a victim can choose to pursue this justice-system remedy without reliance on the criminal courts. This chapter discusses civil protection orders in depth.

Published July 1, 2013 by

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[pdf] Chapter 06.4: Ensuring Economic Relief for Immigrant Victims Through Family Law Proceedings: Child Support and Spousal Support (+)

This chapter provides an overview of the child support system and demonstrates some of the problems faced by immigrant victims in accessing this system. This chapter also provides practical information on how to prepare for a child and spousal support case; what form of support orders are best in domestic violence cases; and tips on child support enforcement. The focus of this chapter is on the child- and spousal support issues that arise in cases of immigrant victims.

Published July 1, 2013 by

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[pdf] Chapter 07: Battered Immigrants and the Criminal Justice System (+)

This chapter is designed to help advocates and attorneys with two main issues: how to work with victims who have criminal convictions or criminal charges pending against them, and how to work with victims whose abusers have charges pending against them.
This chapter presents an overview of the immigration consequences of criminal conduct. It also presents guidelines for advocates on assisting battered immigrants within the justice system, both when they themselves have criminal histories or face charges, and when their abusers are facing criminal charges. Criminal laws are not uniform and vary in each jurisdiction, making each criminal case unique. This chapter is therefore not intended to be an exhaustive or comprehensive guide for assisting battered immigrant women involved in criminal cases. Instead, it provides advocates with basic information and tools to understand and address the immigrant victim’s situation.

Published 2013-07-10 by

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[pdf] Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault (+)

This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, immigration, public benefits, social services, language access legal services and criminal laws in the United States. The goal is to help provide resources, assistance, and support to help immigrant victims of sexual violence and sexual harassment recover, heal, and rebuild their lives. The chapter and tools included in this manual may also be useful to advocates, attorneys, and social services professionals working with immigrant victims of domestic violence, stalking, and human trafficking.

Published July 2013 by

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[pdf] Social Science Research Documents the Need for VAWA Self-Petitions and U-Visas (+)

This report presents important research-based information about how and why VAWA’s immigration protections, self-petitioning, U and T-visas, and VAWA protections from deportation are essential to protect immigrant victims of domestic violence, rape, sexual assault, human trafficking, and other violent crimes suffered by non-citizen women and children in the United States.

Published December 6, 2012 by

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[pdf] Family Law Toolkit: Detention and Termination of Parental Rights (+)

A comprehensive manual covering topics, such as: attorney guide for victim parents at risk of detention, fact sheet on State v. Maria L., Nebraska Supreme Court ruling, explanation and power of attorney designation instructions, appointment of temporary guardian of child (one parent and two parents), motion to dismiss for inadequate service of process, motion to appear telephonically, motion and memo opposing TPR, TPR trial brief template, protecting assets and child custody in the face of deportation, and how children move through the child welfare system.

Published October 2012 by

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[pdf] Confidentiality and Immigrant Victims: Responsibilities of Shelters, Rape Crisis Centers and Victim Services Providers (July 6, 2012) (+)

Information regarding shelter victim confidentiality and how state immigration legislation may impact domestic violence and shelter programs’ ability to comply with confidentiality requirements under state and federal law.

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[pdf] Economic Relief Tool Kit (+)

A comprehensive tool kit on subjects, such as: ensuring economic relief for immigrant victims through family law, proceedings: child support and spousal support, applicant financial statement, employer financial statement, employer affidavit, sample cover letter requesting employer’s statement, retroactive child support, and timing of immigrant victim access to work authorization.

Published 2012 by

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