Publisher: * NIWAP/Legal Momentum

[pdf] National Survey on Types of Criminal Activities: Experienced By U-Visa Recipients (November 29, 2011) (+)

Results from a national survey of 220 legal services, pro bono law firms, advocates, law school clinical programs and others providing help to immigrant victims who have been granted U-visa immigration relief by DHS. The goal of this survey was to obtain provide a picture of the types of criminal activities suffered by immigrant crime victims receiving U-visas.

Published November 29, 2011 by

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[pdf] National Survey on Timing of Access to Work Authorization by Immigrant Victim VAWA Self-Petitioners and U-Visa Applicants (September 28, 2011) (+)

Legal Momentum conducted a nationwide survey of attorneys and advocates assisting immigrant victims who are filing U-visa applications and VAWA self-petitions. Collected data provides information on the duration of time between filing and receipt of work authorization for a total of 2407 VAWA self-petitioners and U-visa applicants.

Published September 28, 2011 by

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[pdf] Immigrants’ Access to Programs and Services Necessary to Protect Life and Safety and Post-Assault Health Care (+)

Information regarding immigrants’ access to programs and services necessary to protect life and safety and post-assault health care. This reading covers the Personal Responsibility and Work Opportunity Act of 1996, the Emergency Medical Treatment and Active Labor Act, community health centers, the Fair Housing Act, the McKinney Homeless Act, and legal services.

Published August 5, 2011 by

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[pdf] Access to Legal Services for Immigrant Victims of Domestic Violence Sexual Assault and Trafficking (+)

Collection of stories illustrating immigrant victims need for access to legal services from LSC funded legal services agencies. These stories illustrate the dangers that will be prevented and the victims that will be helped by the VAWA 2005 amendments that guarantee that LSC-funded legal services programs can offer a range of life-saving legal assistance to immigrant victims of domestic violence, sexual assault, and trafficking. This story collection was developed to encourage LSC funded agencies to implement the VAWA 2005 changes and open their doors to immigrant victims and to assist LSC in writing policies and regulations that result in improved immigrant victim access to legal services.

Published August 1, 2011 by

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[pdf] Somewhere to Turn (+)

A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.

Published July 2011 by

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[pdf] New Dangers for Battered Immigrants: The Untold Effects When Immigrant Victims Have to Leave the U.S. to Obtain Lawful Permanent Residency as VAWA Self-Petitioners (+)

The stories recounted in this volume document the experiences of battered immigrants from around the country. In all of these cases, battered immigrants either filed or are in the process of filing self-petitions. Once the battered immigrant’s self-petition is approved the victim may apply for lawful permanent residency. The purpose of this compilation has been to highlight the potential hardships and dangers that battered immigrants face if they would be required to leave the United States and travel abroad to receive lawful permanent residency based upon their approved VAWA self-petition. Historically, battered immigrants abused by their U.S. citizen or lawful permanent resident spouses or parents have been generally able to attain lawful permanent residency while continuing to reside in the United States. The stories collected here were used to secure amendments in VAWA 2000 that together with DHS policies allow immigrant victims to obtain lawful permanent residency without being required to leave the United States.

Published 2011 by ,

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[pdf] Facilitating Access to TANF for Battered Immigrants: A Pilot Training Manual for TANF Eligibility Workers (2011) (+)

The goal of this training manual is to provide a background for TANF eligibility workers on qualified alien battered immigrant access to TANF. It will also provide direction to TANF workers on how to assess battered immigrant eligibility for TANF following the Guidance issued by the Attorney General of the United States setting out a four step process for making eligibility determinations in cases of battered immigrants and other immigrants applying for public benefits. This pilot training manual will focus only on TANF eligibility workers on qualified alien battered immigrants. Addressing each of the major benefits programs (e.g. Medicaid, SCHIP, Food Stamps, Public Housing) is beyond the scope of this training manual, and is an endeavor that we hope to undertake in the future once this pilot TANF training manual has been field tested, updated, revised, and published in its final form. However, because battered immigrant women and children who qualify for TANF will also likely qualify for other federal public benefits, including other federal means tested public benefits, we will discuss some of those programs basic requirements at appropriate points in this manual.

Published 2011 by

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[pdf] Services and Assistance Legally Available to Help Immigrant Victims of Violence Against Women (+)

Training powerpoint on public benefits from the December 1, 2010 Sioux Falls, South Dakata

Published December 1, 2010 by

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[pdf] Chapter 17.1: Emergency Medicaid: Urgent Medical Services for Immigrant Crime Victims and Children (December 7, 2016) (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal health care, public benefits and immigration laws states have obligations to provide emergency medicaid to immigrants without regard to immigration status. This includes immigrant victims of sexual assault. This chapter is intended to provide an overview regarding health benefits and emergency Medicaid for each state. It provides a chart detailing the definition of what services are provided in the emergency medicaid program, what is covered in each state, and provides a state-by-state chart detailing each state’s laws concerning emergency Medicaid, the coverage provided, and the application process involved.

Published December 7, 2016 by ,

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[pdf] Chapter 17.4: Pre-Natal and Child Health Care For Immigrant Victims and Their Children (February 17, 2017) (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal health care, public benefits and immigration laws states have the option to elect to provide greater access to prenatal care for immigrants than offered immigrants and immigrant crime victims under federal law. This chapter provides a chart detailing for each state the programs that provide prenatal services for immigrants by immigration status, the type of coverage provided, and the eligibility/application process. This information is current as of February 12, 2017. It is intended to provide an overview regarding health benefits and emergency Medicaid for each state.

Published February 17, 2017 by ,

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[pdf] Attorney Guide to Representing Immigrant Victim Parents Who Are at Risk of Detention/Deportation, in detention, or Have Been Deported (+)

Toolkit of materials for representing immigrant victim parents in detention or deported. This tool kit was created with the expectation that an increase in the number of family law assistance for immigrant parents will emerge and also in the hopes that family law attorneys nationwide will be equipped to handle these specific cases and can volunteer their services.This tool kit can also be adapted and used in contested custody cases and abuse and neglect cases involving immigrant victims since many of the same issues arise.

Published October 2012 by

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[pdf] Sample Trial Brief in Support of Defendant (+)

A sample trial brief written in the context of a termination of parental rights proceeding. This brief can be easily adapted for use in child abuse and neglect proceedings or child custody cases when similar issues are raised. We encourage you to add the facts of your case and local state family law and to use this brief as a tool to inform judges about the law that should be applied in cases of undocumented, detained and even deported immigrant parents.

Published June 2010 by

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[pdf] Sample Plaintiffs’ Motion in Limine to Strike the Defendants’ Pleadings, Motions, and Advocacy for Pleadings and Motions for Violation of Federal Rule of Civil Procedure 11 (+)

Sample plaintiffs’ motion in limine to strike the defendants’ pleadings, motions, and advocacy for pleadings and motions for violation of federal rule of civil procedure 11. This sample includes a discussion of VAWA confidentiality and how Rule 11 sanctions may be applicable when opposing counsel is making threats of deportation or criminal prosecution of an immigrant crime victim during or before a civil trial.

Published 2009 by

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[pdf] Evidence Checklist for Battered Immigrant Women Seeking Protection Orders (+)

This list is designed to provide advocates working with battered immigrants with a tool that will help them work more effectively with immigrant battered women preparing to seek protection orders. It can be used to help women who will be seeking protection orders “pro se” accompanied by an advocate and it can also be used as a tool for advocates helping women who will be represented by attorneys.

Published 2008 by

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[pdf] INA: Section 239 – Initiation of Removal Proceedings and VAWA Confidentiality (2006) (+)

Immigration and Nationality Act section 239 provision on the initiation of removal proceedings. Section 239(e) defines when a certificate of compliance was required when an enforcement action that took place at a sensitive location lead to a removal proceeding to ensure that confidentiality provisions were complied with.

Published February 4, 2006 by

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[pdf] Documentary Requirements for VAWA Cases (February 2014) (+)

Under the Violence Against Women Acts (VAWA) of 1994 and 2013, battered immigrant women may be eligible for two kinds of immigration relief: 1.) VAWA self-petitions and 2.) VAWA cancellation of removal (formerly suspension of deportation). These two forms of relief can lead to lawful permanent residence for the applicant. The following memo lists the requirements that must be met by an applicant, and some suggestions of evidence that may be offered to meet each requirement. The regulations accompanying VAWA recommend the submission of certain types of documents with the self-petition. Some of these are named below. The Immigration and Naturalization Service (INS) is required, however, to consider “any credible evidence”. 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 a petition under VAWA.

Published February 2014 by

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[pdf] Chapter 09: The Family Violence Option: Implementation and Cultural Competency Issues (+)

This chapter reviews the Family Violence Option of the 1996 Welfare Reform Bill and elaborates on the difference in the Family Violence Option programs between states. The Family Violence Option of PRWORA allows TANF recipients to opt out of time limits and/or welfare to work requirements if they meet certain federal guidelines. This Option can be an integral part of a battered immigrant woman’s life, giving her time to look for safe housing, flee violent abusers, and pursue legal cases against their abuses. In order to best implement the Option, this chapter discusses how TANF funding is distributed and how to identify the immigrant applicants that would best benefit from the Family Violence Option.

Published February 20, 2001 by

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[pdf] حقوق و خيارات الهجرة المعنفات ، المهاجرين ، و اللاجئات (Rights and Options, Arabic) (+)

بغض النظر عن وضع الهجرة الخاص بك ، لديك الحق في أن تكون آمنة في منزلك . لديك الحق في مغادرة أي شخص أو أن تستبعد من أي شخص منزلك الذي أنت الانتهاكات و / أو أطفالك جسديا وعاطفيا ، أو جنسيا.

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[pdf] Правах и возможностях для пострадавших иммигрантов , мигрантов и женщин-беженцев (Rights and Options, Russian) (+)

Независимо от вашего иммиграционного статуса , вы имеете право быть в безопасности в вашем собственном доме. Вы имеете право оставить кому-то или удалили из вашего дома тех, кто злоупотребляет вы и / или ваши дети физически, эмоционально или сексуально.

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[pdf] Obtaining U Visa Certification from Judges in Protection Order, Family, Criminal, and Other State Court Proceedings (+)

Learning objectives for this presentation are: promote advocates and attorneys seeking U visa certification from judges, understand when judges can sign U visas and how to approach judges for certification in family, civil, and criminal court cases, identify the reasons why courts may not be signing U visa certifications, anticipate and overcome challenges, and develop a plan for approaching judges for certification.

Published February 14, 2014 by

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[pdf] State Benefits Comparison Charts: From the Public Benefits Manual (2014) (+)

A manual that consists of a family court bench card on immigrant crime victim access to public benefits and services, information on immigration status: work authorization, public benefits, and ability to sponsor children, and a quick guide for state court judges on common issues that arise from parties’ immigration status: economic remedies.

Published 2014 by

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[pdf] Mandatory U-visa Certification Unnecessarily Undermines the Purpose of the Violence Against Women Act’s Immigration Protections and Its “Any Credible Evidence” Rules – A Call for Consistency (September 10, 2010) (+)

This article discusses the development of immigration law’s “any credible evidence” standard of proof and its application in VAWA and TVPA related immigration cases. This article urges reforms in immigration law to remove U-visa certification as a mandatory prerequisite that bars many otherwise eligible immigrant crime victims from being able to access U-visa protections.

Published September 10, 2010 by

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[pdf] Case Summary: Matter of A-R-C-G, 26 I&N Dec. 388 (B.I.A. 2014) (+)

The Board of Immigration Appeals (BIA) on August 26, 2014 issued a precedent setting ruling that established the circumstances under which victims who suffer domestic violence in their home country will be eligible to received gender based asylum in the United States. This reading looks at a case where a battered spouse petitioned for asylum and withholding of removal in the United States after her husband repeatedly abused her in Guatemala.

Published 2014 by

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[pdf] Prenez Connaissance de Vos Droits (Know Your Rights, French) (+)

Quelque soit votre statut d’immigration, vous avez le droit de vous sentir en sécurité dans votre maison. Vous avez le droit de quitter ou de renvoyer de votre domicile toute personne qui vous abuse et qui abuse vos enfants de mannière sexuelle, émotionelle ou physique. Personne n’a le droit de faire du mal ni à vous, ni à vos enfants.

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[pdf] Conozca Sus Derechos (Know Your Rights, Spanish) (+)

Independientemente de su situación de inmigración, usted tiene derecho a sentirse segura en su propio hogar. Usted tiene derecho a salir de su hogar libremente o ha pedir que se lleven de su casa a quien abuse de usted o de sus hijos física, emocional o sexualmente. Nadie tiene derecho a maltratarla a usted o a sus hijos de manera alguna.

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