Publisher: * NIWAP

[pdf] U and T Visas for Immigrant Victims of Crime and Trafficking: Best Practices in Responding to, Investigating and Prosecuting Cases Involving Immigrant Crime Victims-including Cases of Domestic and Sexual Violence (Dec. 13, 2023) (PowerPoint) (+)

Webinar Description Immigrant victims of crime are often reluctant to call the police for help or to participate in the criminal justice process. In cases involving domestic and sexual violence, child abuse and human trafficking, the barriers are compounded, as victims often face immigration-related abuse and threats of deportation. This training will provide law enforcement, […]

Published Dec. 13, 2023 by

[pdf] Model DOJ Complaint Form- Sample (2023) (+)

U.S. DOJ, Federal Coordination and Compliance Section, Complaint Form (2023) – This Sample provides an illustration of how to complete a complaint form regarding law enforcement not using qualified interpreters at the crime scene when responding to a domestic violence incident.

Published 2023 by

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[pdf] Webinar Immigration Protections for Children: Special Immigrant Juvenile Status and Help for Trafficking Victims Training Materials (December 7, 2023) (+)

Materials for a webinar sponsored by the Administrative Office of the Pennsylvania Courts discussing the National Judicial Network, Special Immigrant Juvenile Status and immigration relief for human trafficking victims. These materials include links to NIWAP’s directory of programs with expertise serving immigrant victims, web library, and how judges and court staff can access technical assistance on issues that arise in cases involving immigrant victims of crime and abuse and human trafficking victims. Materials and tools to identify which immigrant victims can access which public benefits in Pennsylvania are also included.

Published December 7, 2023 by

[pdf] Special Immigrant Juvenile Status (SIJS) Findings Pertaining to State Court Judges (Dec. 7, 2023) (+)

A bench card on Special Immigrant Juvenile Status (SIJS) findings pertaining to state court judges. Written by Meagan Fitzpatrick, Leslye Orloff, and Honorable Joseph L. Fernandes (Philadelphia, PA) for the administrative office of the Pennsylvania Courts. This bench card has been updated to reflect clarifications included in the March 2022 final SIJS regulations and the 2023 Policy Manual Chapter issued by US Citizenship and Immigration Services.

Published 12/7/23 by

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[pdf] Training Materials for Victim Advocates and Attorneys (11.28.23) (+)

Training materials for family lawyers, prosecutors, and state family, civil and criminal court judges assisting immigrant crime victims Topics include: U visas, T visas, Family Law cases, VAWA Self-Petitions, VAWA Confidentiality, Public Benefits, Best Practices, Language Access, Webinars, Podcasts and more.

Published November 28 2023 by ,

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[pdf] How Immigration Law and Policies Impact State Courts — When Children and Litigants are Victims of Human Trafficking, Domestic Violence, Child Abuse, or Sexual Assault (NCJFCJ, In-Session -Fall 2023) (+)

This In-Session article discusses immigration policy updates that have occurred in 2021 – 2023 and the impact that what these policies mean for state courts adjudicating a range of family court cases involving immigrant children, immigrant crime victims, and child victims living in mixed immigration status families.

Published Fall 2023 by ,

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[pdf] VAWA Confidentiality Training Materials (November 17, 2023) (+)

This collection of training materials address all three aspects of VAWA confidentiality protections for immigrant victims. It includes training materials on the VAWA confidentiality’s
— bars on reliance on perpetrator provided information to harm victims including protections against deportation;
— prohibitions on immigration enforcement against immigrant crime victims at courthouses and other locations; and
— bars and limitations on discovery in civil, family and criminal court cases.

This document includes links to web pages with more information and a specific materials list that includes bench cards, cases, and tools to assist judges and lawyers with issues related to the impact of federal VAWA confidentiality laws on discovery in state court cases.

Published November 17, 2023 by

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[pdf] FAQs for Victims’ Lawyers: The Central Role of Federal Immigration Laws and the Confidentiality Provisions of the Violence Against Women Act (VAWA) in Protecting the Safety and Privacy of Immigrant Survivors (January 2023) (+)

The immigration-related remedies for survivors of crime, and the corresponding federal immigration VAWA confidentiality laws, are designed to remove immigration status as a barrier to survivors accessing the help they need. They are also intended to encourage survivors to report to and cooperate with law enforcement and criminal prosecutions. The Victim Rights Law Center (VRLC)1 and the National Immigrant Women’s Advocacy Project (NIWAP)2 developed these FAQs (and a companion tip sheet) to help attorneys understand and navigate the VAWA confidentiality protections in federal immigration law when representing survivors of sexual assault, domestic violence, sex trafficking, dating violence, and stalking who are seeking protection from deportation and other immigration relief.

Published January 2023 by ,

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[pdf] The Violence Against Women Act (VAWA): Tips to Protect the Privacy of Immigrant Survivors (January 2023) (+)

The Victim Rights Law Center (VRLC)1 and the National Immigrant Women’s Advocacy Project (NIWAP)2 developed these tips (and a companion set of FAQs) to help attorneys understand and navigate the VAWA confidentiality protections in federal immigration law. The tips are intended to help you promote the safety, privacy, and healing of survivors of sexual assault, domestic violence, sex trafficking, dating violence, and stalking.

Published January 2023 by ,

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[pdf] U Visa Certification and T Visa Declaration Toolkit for Adult Protective Services (APS) (October 19, 2023) (+)

Toolkit focusing on the U-Visa as well as an introduction to other options which may be available to immigrant adults who are victims of domestic violence, sexual assault, human trafficking and other crimes that Adult Protective Services staff encounter. Having an awareness of these options can help you identify the best options available for immigrant victims you encounter.

Published October 19, 2023 by

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[pdf] Pierre Salame Ajami v. Veronica Tescari Solano, 6th Circuit Court of Appeals (April 19 2022) (+)

“Pierre Salame Ajami v. Veronica Tescari Solano” (6 th Circuit Court of Appeals) NIWAP filed an Amicus Brief in
a 6 th Circuit Court of Appeals case in which a Venezuelan mother who had been granted asylum in the United
States as a victim of domestic violence was ordered by the District Court in a Hague Convention case to return her
children who had also been granted asylum in the U.S. to their father in Venezuela. This appeal highlighted the
error of law that the District Court made in failing to consider the fact that the mother and children had been
deemed credible by DHS and granted asylum. The brief provided social science data demonstrated how the District
Court had also failed to consider the impact of trauma on testimony of domestic violence victims. NIWAP was
represented by DLA Piper and Crowell and Moring represented the victim mother in this case. (April 19, 2022)

Published September 18, 2023 by

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[pdf] Cabezas (2010) US Citizenship and Immigration Service Administrative Appeals Office (+)

Esteban Cabezas is an appeal to the United States Citizenship and Immigration Services Administrative Appeals Office (2010) of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigration related abuse and the role this abuse plays as part of a pattern of extreme cruelty. (Andrew Taylor, Pro Bono)

Published September 13, 2023 by ,

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[pdf] Leiva-Mendoza v. Holder (April 22 2011) United States Court Of Appeals For The 8th Circuit (+)

Leiva-Mendoza v. Holder, United States Court Of Appeals For The 8th Circuit (April 2 2011) discusses how a child’s witnessing of serious domestic violence perpetrated against their parent is a basis for granting VAWA cancellation of removal to children who witness domestic violence perpetrated against their parent even in cases in which the children have not themselves been abused. This amicus brief provided the court with the relevant research data on harm to children of witnessing abuse in the home and argued that requiring proof of “actual harm” to the child is not required to prove “extreme cruelty.”

Published September 12, 2023 by

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[pdf] Technical Assistance and Training Flyer – Law Enforcement and Prosecutors (August 17, 2023) (+)

This set of flyers advertises the availability of training on language access, and U and T visa certification by law enforcement and prosecutors and working with immigrant and LEP victims. The second page of this set of flyers advertise the training and technical assistance offered by NIWAP, American University, Washington College of Law to courts, judges, law enforcement officials, prosecutors, victim advocates, and attorneys working in family law, domestic violence, immigration and legal services agencies covering a wide range of topics that are important to professionals who encounter immigrant crime victims and immigrant children in their work. Trainings are designed to meet the needs of the local jurisdiction or state requesting the training and involve both NIWAP staff and a national team of experts, law enforcement, prosecutor and judicial trainers. The first page of this flyer summarizes special training offered to law enforcement officials, prosecutors and their agency’s victim witness staff. The second discusses the full list of training and technical assistance open to all professionals working with immigrant survivors and the last flyer discusses the trainings NIWAP offers for judges and court staff.

Published August 17, 2023 by

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[pdf] Technical Assistance for Judges and Courts: Immigrant Victims of Domestic Violence, Child and Elder Abuse/Neglect, Sexual Assault, Stalking, Dating Violence and Human Trafficking (August 17, 2023) (+)

NIWAP offers technical assistance, training, training materials and legal research publications for judges, law clerks, court staff, state court educators, and state court administrators on topics that assist courts in family, juvenile, civil and criminal court cases involving foreign born victims of domestic violence, sexual assault, stalking, dating violence, child and elder abuse, and human trafficking. We specialize on how immigration laws intersect with state family, protection order, custody, child support, public benefits, criminal, civil, and language access laws. This set of flyers describes the training and technical assistance available to judges and state courts, followed by a flyer on the range of topics of training and technical assistance offered by NIWAP. The last flyer in this set discusses the training and technical assistance NIWAP offers state and local law enforcement and prosecution officials and their agency’s victim witness staff.

Published August 17 2023 by

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[pdf] Domestic Violence and Involuntary Servitude as Human Trafficking (August 17, 2023) (+)

This document summarized new DHS policies describing how human trafficking in the form of involuntary servitude occurs and the proof that can be offered to demonstrate that a domestic violence or child abuse victim has also been subjected to human labor trafficking by their domestic violence or child abuse perpetrators. Human trafficking can and does occur within families and this tool will help judges, family lawyers, prosecutors and victim advocates identify it, document it, and make findings about its existence in court orders. By identifying human labor trafficking occurring within families immigrant victims gain a faster path to legal immigration status and greater access to public benefits and services than if courts, attorneys and victim advocates fail to identifying labor trafficking occurring within families.

Published August 17, 2023 by

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[pdf] Agenda NIWAP Boston Conference August 2023 (updated August 18, 2023) (+)

Final agenda for the Strengthening Community and Organizational Responses: Serving Immigrant Victims of Domestic Violence, Sexual Assault, and Stalking in-person training that is being hosted by NIWAP, American University, Washington College of Law in Boston with two date options. August 28-29 and August 30-31, 2023. This training is for Office of Violence Against Women and STOP grantees and potential grantees.

Overview: This two-day in-person interactive training focuses on providing attorneys, law enforcement, prosecutors, and advocates strategies for strengthening their understanding of legal and victim services options for and best practices when working with immigrant survivors of domestic violence, dating violence, sexual assault, and stalking. This training offers diverse learning experiences delivered by a faculty of multi-disciplinary subject matter experts from a wide range of legal and victim service backgrounds including judges, law enforcement, prosecutors, advocates, and attorneys. Immigrant victim related training topics will include: stalking; immigration, public benefits, and family law case options, case strategies, and advanced issues; prosecution best practices; primary aggressor determinations; VAWA confidentiality and discovery; police officers as witnesses; multi-disciplinary collaboration; effective outreach; and improving language access. Participants will learn and share practices and strategies to improve immigrant victim safety, increase participation in the justice system, and enhance community safety.

Participants: Each training session is open to attorneys, advocates, law enforcement, prosecutors, and victim witness staff from agencies with funding from OVW including STOP subgrantees, Legal Assistance for Victims (LAV), Campus, Culturally Specific Services Program (CSSP), Rural, and Improving Criminal Justice Response (ICJR). All other grantees and grant funded partner agencies must receive prior approval from their OVW Program Specialist to attend. Law enforcement (federal, state, local, and campus), prosecutors, and their agency’s victim witness specialists are invited to attend regardless of funding sources.

Published August 18, 2023 by

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[pdf] Herramienta para defensores y abogados para desarrollar la historia de un/a sobreviviente: Enfoque informado por el trauma. (Advocate’s and Attorney’s Tool for Developing a Survivor’s Story: Trauma Informed Approach – Spanish (4/24/23) (+)

La historia de un/a sobreviviente es uno de los elementos de prueba más importantes que se presentan con las solicitudes de visa VAWA, U y T, y por lo tanto estas solicitudes son diferentes a las demás solicitudes de inmigración. Esta es una oportunidad para que los funcionarios del Departamento de Seguridad Nacional (DHS, por sus siglas en inglés) oigan las palabras del/de la sobreviviente, en su propia voz. Al leer la historia del/de la sobreviviente, el lector — en última instancia, el funcionario de DHS — debe poder entender y sentir lo que sintió el/la sobreviviente después de haber sido sometido/a al abuso o victimización por la delincuencia.

Published April 24, 2023 by

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[pdf] Trauma-Informado Cuestionario para Entrevistas para Casos de Inmigración (Spanish) Trauma Informed Structured Interview Questionnaires for Immigration Cases (SIQI) (24 Abril 2023) (+)

Los siguientes cuestionarios se proveen para facilitar la Entrevista estructurada informada por experiencias de trauma (SIQI, por sus siglas en inglés). Durante la sesión para formar la historia, se recomienda que el/la cliente comparta su historia sin interrupción mientras que los defensores y abogados escuchan atentamente, toman notas, y notan los desencadenantes de la victima. Esta técnica está diseñado para ser utilizada durante entrevistas subsecuentes con los clientes. Este Cuestionario de entrevista estructurada para casos de inmigración (SIQI) ayudará a los defensores y los abogados en obtener información detallada adicional para fortalecer los casos de inmigración de sus clientes, y también resultará en una imagen completa del trauma y la angustia sufridos por los sobrevivientes. Las preguntas incorporan el enfoque basado en el trauma a base de evidencias que los proveedores de atención en salud mental usan, y que la investigación en ciencias sociales ha concluido que facilita el saneamiento del/de la cliente.

Published April 24, 2023 by

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[pdf] Access to Publicly Funded Legal Services for Immigrant Survivors (2014) (+)

In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.

Published October 1, 2014 by

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[pdf] U Visa and Language Access (+)

Most people have heard the phrase, “communication is key.” This proves very true when working with victims of crime who are confronted with many physical, emotional, or psychological barriers to recovery. This workshop will discuss the U Visa, a powerful tool that assists law enforcement (LE) in effectively fighting crime and improving community safety while […]

Published May 23, 2023 by ,

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[pdf] CCW Immigration leo 5.25.23 (+)

Victimization throughout immigrant communities is significantly high due to the victims’ fears of deportation, retaliation, or mistrust of law enforcement and with offenders not being held accountable. In response, the U Visa was designed to serve as a tool for law enforcement and prosecutors that provide victims of abuse the opportunity to work with the […]

Published May 24, 2023 by ,

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[pdf] USCIS Fact Sheet: Adoption in U.S. Courts of Children from Hague Adoption Convention Countries (June 6, 2023) (+)

Foreign-born children in the United States who are adopted in a U.S. court may face immigration-related implications. Adoption alone does not give a child lawful immigration status. This fact sheet reviews the immigration implications for children from Hague Adoption Convention (“Convention” or “Hague”) countries who did not immigrate to the United States through the U.S. Convention process and are undergoing U.S. adoption proceedings.

Published June 6, 2023 by , ,

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[pdf] Filing to Remove Conditions for Legal Permanent Residency for Battered Spouses: Choose Battered Spouse Waiver Over Divorce (May 23, 2023) (+)

Congress created the Battered Spouse Waiver to make it easier for immigrant survivors to remove conditions for legal permanent residency that would typically require a joint filing with the abusive US Citizen or Legal Permanent Resident spouse. However, due to the current evidentiary requirements, many immigration attorneys opt to take what appears to be the […]

Published May 23, 2023 by

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[pdf] How to Apply for Fee Waivers (May 19, 2023) (+)

Fee waivers assist immigrant survivors facing hardships in filing for relief by waiving filing fees that may be preventing immigrant survivors from receiving immigration relief. This publication reviews which immigration forms are exempt and/or eligible for fee waivers, how to apply for a fee waiver, and best practices for filing fee waivers with other immigration […]

Published May 19, 2023 by

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[pdf] How to Prepare Your Case Through a Trauma Informed Approach: Tips on Using the Trauma Informed Structured Interview Questionnaires for Family Court Cases (SIQI) (April 27, 2023) (+)

Developing a survivor’s story is a critical component of preparing for any case in which a client has a
history of domestic violence, sexual assault, dating violence, and/or stalking. When working with immigrant
survivors applying for immigration relief as a result of the abuse, it is necessary to collect a detailed story to
submit as part of the immigration application.

Published April 27, 2023 by

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