This Appendix is a USCIS policy manual on the adjustment of status in Special Immigrant Juvenile cases. It explains the purpose and background and eligibility requirements. If further discusses adjudication the documentation and evidence.
This publication was developed under grant number SJI-20-E-005 from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.
This document compares and contrasts the original 1993 rule on Special Immigrant Juvenile
Status, a 2009 amendment to this rule, the 2011 proposed rule on Special Immigrant Juvenile
Status, and the subsequently adopted 2022 rule that went into effect on March 8, 2022. The 2022
rule significantly amended prior versions of the rule, including the 2011 proposed rule. This
document will help readers understand the 2022 rule amendments and which portions of the
1993 and 2009 versions of the rule remain intact, as well as which portions of the 2011 proposed
rule remained in the final rule.
Entrenamiento de Abogacía (9.27.22)
Q & A Follow Up on Naturalization Webinar (9/23/22) – Family Law Community of Practice 9/27/22
Virtual Training for Lebanon, NH. Law Enforcement Best Practices: Responding to, Investigating and Prosecuting Cases of Noncitizen Victims of Domestic and Sexual – September 27, 2022
Maryland – This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
Colorado – This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
NCADV: Safety Net Benefits for Immigrant Survivors August 30, 2022
This document provides and overview for state court judges issuing Special Immigrant Juvenile Predicate Orders of the California Supreme Court ruling on August 15, 2022, in In re Guardianship of Saul H. The Court overturned a state probate trial court that refused to issue a predicate order to an immigrant child who suffered abuse and neglect perpetrated by his parents. Despite the uncontroverted evidence about the abuse and neglect by Saul’s parents, the probate court denied his request of SIJS findings. Saul appealed and the Court of Appeals affirmed, but on the California Supreme Court reversed, with all justices concurring. In In re Guardianship of Saul H., the California Supreme Court provides very helpful clarification and direction that will assist trial courts and appellate courts in California and nationally for state courts carrying out their Congressionally assigned role issuing predicate orders that are a required of immigrant children filing SIJS applications. The training tool for state court judges and lawyers summarizes the California Supreme Courts ruling.
This Bench Card helps courts understand the laws that protect immigrant crime victims from immigration enforcement activities, DHS immigration enforcement priorities and limitations placed by federal statute and by Department of Homeland Security policies on immigration enforcement at courthouses. Additionally, understanding which locations DHS considers sensitive locations will help courts craft orders that help children and families. This bench card provides courts access to legally correct information about immigration law that courts can apply when they are called upon to adjudicate cases in which a party has raised an immigration issue in state court.
This bench card has been updated to reflect the Department of Homeland Security Enforcement Priorities that require a cases by case consideration of the totality of the circumstances and mitigating factors that include crime victimization, being a caregiver of children, incapacitated adults, and/or elder parents, as well as other factors including length of time in the U.S., and education in the U.S. There are three enforcement priorities: risk to national security/terrorism, unlawful entry into the U.S. after November 1, 2020, and current threat to public safety typically because of serious criminal conduct. The later two enforcement priorities requires an assessment of mitigating factors and the totality of the facts and circumstances.
Powerpoint for part 3 of NNEDV and NIWAP Webinar series, Serving Immigrant Survivors Best Practices. By the end of this webinar you will be better able to: Identify the full range of benefits for which immigrant survivors and their children are eligible in your state. Use NIWAP’s public benefits maps, charts, and tools to screen for eligibility and locate/download laws
and policies you need to advocate for eligible survivors. Accompany immigrant survivors applying for benefits they and/or their children qualify for.
Part II of a webinar series sponsored by NNEDV for transitional housing grantees. This part discusses access to public and assisted housing for immigrant survivors of domestic violence and sexual assault, particularly victims who are VAWA self-petitioners and T visa applicants/recipients.
Webinar for RAINN presented by API-GBV and NIWAP for sexual assault victim advocacy programs.
Victim advocate community of practice.
Victim advocate Community of Practice.
Victim advocate community of practice.
Victim advocate community of practice.
Roundtable discussion.
Family law community of practice convening discussing protection orders for immigrant victims of domestic and sexual violence.
Overview of how laws, regulations and policies and made, implemented and used to help immigrant victims based on advocacy that led to the creation of the VAWA self-petition, the U visa, and the T visa and legal services access for abused immigrants.
Bench card outlining SIJS applicant and recipient children’s ability to access federal and state public benefits.
This bench card for state court judges developed by SPARC and NIWAP is designed to be used in conjunction with the Judicial Officer Guide for Responding to Stalking. This Bench Card covers: considering and identifying staking, assessing stalking, stalking tactics, establishing fear, risk factors, and best practices for court orders and findings including protection orders and bail conditions.
This judicial officer guide developed by SPARC and NIWAP is designed to help state court judges identify, understand and assess the risks of stalking and stalking behaviors courts see evidence of in the family, civil and criminal cases over which judges preside. This resource discusses co-occurring and interconnected crimes and recommends how judges can document and make findings about stalking and coercive control in state court orders. This guide includes useful charts and tables including a comparison of stalking, coercive control, and battering or extreme cruelty (the immigration law definition of domestic violence). This resource is designed to be used together with the Judicial Officer Bench Card: Stalking.
Rhode Island – This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
This chart compares state-funded public benefits across states. The chart reports on state funded TANF, medical assistance, food stamps and driver’s licenses. This chart can be used together with NIWAP state by state benefits charts to look up the full legal citations that support immigrant crime victim eligibility in your state and neighboring states. To identify and compare the statutory and regulatory language used in any of the state statutes cited in this chart go to the NIWAP webpage that contains links to all state public benefits charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
PowerPoint Presentation for May 17, 2022 training with RAINN
Demographics of the United States
Data from 2021 updated in 2023
This document contains a list of policies issued by the U.S. Department of Homeland Security that are important to and impact cases of immigrant survivors of crime and abuse that enhance both protections from deportation for survivors and access to immigration relief under the following programs: VAWA self-petitions, U visas, T visas, Special Immigrant Juvenile Status, Battered Spouse Waivers and INA Section 106 Work Authorization for Abused Spouses of A, E(3), G and H visa holders. The link to each policy is followed by a description of the policy and how it is helpful to immigrant survivors.
Basic demographic information on immigrant population in Texas – 2021 Data. Updated 2023.
Basic demographic information on immigrant population in Tennessee – 2021 Data. Updated 2023.
WILMU Webinar April 26, 2022 PowerPoint
This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.
Powerpoint presentation for April 13, 2022 webinar, “Understanding Helpfulness: for the U Visa Certification and the Ongoing Assistance Requirement”
New York – This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
maintaining safe and affordable housing. Although immigrant survivors are legally eligible to access a wide range of programs and services that are necessary to protect life and safety without regard to their immigration status, many face difficulties accessing these essential services, including transitional housing. This webinar will be the first in a three part webinar […]
The three-page brochure outlines workers’ rights and general employment guidelines in the United States. It also informs readers of steps to protect themselves from mistreatment in workspaces.
Office for Victims of Crime: Help Series for Crime Victims Brochure – Sexual Violence
This flyer provides a phone number and email contact to learn more about applying for gender-based asylum or screening for Tahirih’s legal services.
Alaska – This public benefits screening chart helps immigrants, refugees, judges, victim advocates and attorneys quickly understand which state and federal public benefits an immigrant or refugee qualifies for in each state. Eligibility varies by state, by immigration or refugee status, and by benefits program. This tool is designed by be used together with NIWAP’s public benefits maps and state public benefits detailed charts. https://niwaplibrary.wcl.american.edu/all-state-public-benefits-charts
NIWAP’s comment provide legislative history and social science evidence based research to support USCIS’s formal implementation in the VAWA self-petitioning chapters of the USCIS Policy Manual of virtually all of the VAWA statutory reforms that were included in VAWA 2000, VAWA 2005 and VAWA 2013 that became law after the VAWA self-petitioning regulations were issued in 1996. The first section of these comments discusses these issued. In reviewing the policy manual we also identified a few areas in which the policy manual does not implement or does not fully implement VAWA statutes and in one case imposes a policy that is inconsistent with VAWA’s goals, legislative history, and the reasoning of the 7th Circuit Court of Appeals. The areas of improvement NIWAP suggests in these comment focus largely on four important issues for which we seek improvements in the Policy Manual’s approach:
— We appreciate that USCIS adopted the 7th Circuit’s opinion in Arguijo and has applied it nationally ensuring that divorce will not cut of abused stepchildren from VAWA self-petitioning and NIWAP requests and provides the legal and social science support for treating abused stepchildren whose biological parent dies identically instead of forcing abused stepchildren to maintain an ongoing relationship with their abusive stepparent after the death of their biological parent in order to self-petition;
— We propose policy manual revisions that do not treat crimes committed by victims related to the battering or extreme cruelty they suffered as aggravated felonies barring them permanently from self-petitioning and forcing them into the U visa backlog as their only immigration option. This approach cuts victims off from the domestic violence victim waiver that Congress created to help victims with convictions from pleas they took in domestic violence criminal cases where they had acted in self-defense or when they stole baby food when fleeing their abuser and ended up with a one year suspended sentence for the theft which is an aggravated felony under U.S. immigration laws;
–Remarriage: Congress in VAWA 2000 revised VAWA statutes and explained in legislative history that their intent to ensure that remarriage of VAWA self-petitioners would not impact a filed self-petition reflecting an understanding of how remarriage to a non-abusive partner can help victims heal and can play a role in improving victim safety; and
–Naturalization: In VAWA 2000 Congress amended the naturalization statute to allow spouses of U.S. citizens who are battered or subjected to extreme cruelty by their citizen spouse to not have to remain living in an abusive home and remain married to their abused to be able to naturalize in 3 years as opposed to 5 years. This provision was meant to help any abused spouse of a U.S. citizen whether the abuser filed a family-based visa petition or whether the victim filed a self-petition. Implementing policies limited these protections to VAWA self-petitioners, VAWA cancellation and Battered Spouse Waiver applicants, leaving out VAWA suspension of deportation victims and all other battered spouses of U.S. citizens.
This chart allows judges, lawyers and victim advocates to identify which immigrants are able to sponsor their children to attain legal immigration status in the U.S., if and when an immigrant has or will have access to work authorization, whether and when immigrants gain access to state and federal public benefits, the effect of divorce on immigration status and whether the immigrant controls their own immigration case or if they immigration case requires that the immigrant’s application for immigration relief requires a sponsor. This chart provides general answers to these questions, by the form of immigration status a noncitizen has or is pursuing and will help state courts, victim advocates and family lawyers quickly access legally correct information about how immigration laws may or may not impact parties in state family court cases. This chart also provides useful comparisons for immigration lawyers.
This helpful, informative U visa certification tool kit for judges and magistrates covers materials on topics such as: what is the role of judges in U visa certification, U visa quick references for judges, U visa certification introduction, U visa application flow chart, judges and the U visa certification requirement, U visa statutory and regulatory background, frequently asked questions, redacted I-918 supplement B (U nonimmigrant status certification), form I-918 supplement B (sample judges’ certification), sample information flyer for victims, resource list, sample memorandum in support of a motion for U visa certification, sample declaration for a motion for certification, glossary of terms, and collection of U visa news articles.
This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.
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List of training materials on public benefits access for immigrant survivors.
This bench card provides an outline for judges of the publicly funded state and federal public benefits and services that are open to all immigrants without regard to immigration status. The bench card then describes at what points in an immigrant victim, child or other litigant’s immigration case process they gain again access to a broader range of state and federal public benefits including subsidized health care, food stamps, TANF, housing, post-secondary educational grants and loans and a wide range of other benefits. Having a list of which immigrant qualify for which benefits and services will help judges craft court orders in cases involving immigrnat children, crime victims and their families.
The public benefits flow charts pertain to VAWA self-petition and cancellation, U-Visas, T-Visas, and Special Juvenile Immigrant Status (SIJS). Specifically, the charts explain access to federal and state public benefits for battered immigrant spouses and children of U.S. citizens or lawful permanent residents, victims of human trafficking, U-Visa victims, and SIJS victims.
This bench card provides an overview of immigraiton options for immigrant victims of domestic violence, child abuse, sexual assault, human trafficking, stalking and other crimes. It covers VAWA, battered spouse waiver, Special Immigrant Juvenile Status, U and T visas, continued presence and work authorization for abused spouses of visa holders. For each it provides an overview or eligibility and how each form of immigration relief helps victims.
This benchcard discusses the eligibility requirements to qualify for a U-Visa, the application procedure for U-Visas, and possible benefits for which approved U-Visa applicants may be eligible.
This Benchcard discusses the qualifications for Special Immigrant Juvenile (SIJ) status, how to apply for and obtain SIJ status, qualifications for SIJ status, and how to receive benefits after receiving SIJ status. It also outlines the federal and state public benefits and other government-funded programs available to SIJ children as well as the eligibility period.
From 2017 through 2019 NIWAP ran the Judicial Training Network, a training project led by a national faculty of six judges (CA, DE, IL MO, TX, WI). Five states participated in the JTN in which teams of state court judges working with state judicial education staff partners ran the project in each state the offered a series of in-person and on-line trainings on a range of legal issues that arise in cases involving immigrant crime victims and immigrant children. In each of the six participating state (FL, LA, MI, MO, MS, NM). NIWAP and the national faculty also provided on call technical assistance to the state team judges who developed expertise in serving immigrant crime victims and children through the project. After the grant funding for the JTN ended we interviewed a sample of the judicial participants in the project to learn about their impressions of the JTN and about their future training and technical assistance needs. This report makes findings about the effectiveness of this training effort and provides insights into training, support, and technical assistance needs for the future. The insights gained in this report will be helpful to the participating states, and also to the National Judicial Network (NJN) that NIWAP is currently co-leading with the National Council of Juvenile and Family Court Judges. The NJN is a national peer to peer training project involving over 130 judges and Tribal judges from across the country. NJN members are judges interested in human trafficking and issues affecting immigrant victims of crime and abuse whom judges encounter as they hear cases across the country. Judges and judicial officers of all types are invited to join the NJN. To learn more and register follow this link. https://niwaplibrary.wcl.american.edu/pubs/njn-outreach-flyer
Georgiana Grozescu, Rafaela Rodrigues, and Leslye E. Orloff, Appendix IX, Multi-State Overview – Forced Labor, Involuntary Servitude, Slavery and Peonage Definitions (December 31, 2021)
This appendix catalogues states laws of forced labor, involuntary servitude, slavery and peonage across the country. The definition of forced labor adopt by DOL may include crimes such as involuntary servitude, slavery and peonage as potential U visa qualifying criminal activity. This chart provides state and federal labor enforcement agencies, state prosecutors, law enforcement officials, and other certifiers easy access to forced labor laws of each U.S. jurisdiction. This chart will assist federal labor law enforcement agencies in identifying U visa criminal activities that they detect as part of their forced labor investigations, which can also serve as a direct statutorily listed basis for U visa certification.
This document contains frequently asked questions regarding immigrant survivors legal rights to access to shelter and transitional housing. The article describes which immigrant survivors (e.g., VAWA self-petitioners, human trafficking victims and lawful permanent residents) are also eligible to access a range of affordable housing options. Additionally the article discusses immigrant survivor’s legal options with regard to COVID-19 emergency housing assistance programs, Emergency Rental Assistance, and Emergency Housing Vouchers.
Brief and legislative background on immigrant spouse and child abuse victims who were trapped in good faith marriages to U.S. citizens and lawful permanent residents that had become abusive.
This publication explores the range of potential certifiers whom judges should be aware of who can sign U visa and T visa certification in the court’s jurisdiction with whom the court can play a leadership role in encouraging certification by all authorized agencies. This helps attorneys and advocates working with immigrant victims identify the full range of authorized certifiers in any particular case to whom they can turn for certification. This document connects readers to training manuals for judges, law enforcement, prosecutors and Adult Protective Services agency staff that provide an overview of the U and T visa programs and detailed questions and answers for certifying agencies, and for judges who want to learn more about U and T visa certification. Additionally, this publication describes the availability of continued presence as an important option for immigrant victims of human trafficking offering protection soon after a trafficking victim has been identified that is available to human trafficking victims who could be potential witnesses in trafficking investigations or prosecutions. This document provides links to DHS publications on these subjects.
This tool provides legally correct information on the U and T visa programs and on Continued Presence. It helps courts developing U visa certification and T visa declarations protocols, policies and practices base the policies being developed on up to date legally accurate information on the U and T visa programs and certification. The document also provides links to model and sample U and T visa certification polices and protocols that courts can rely upon adapt when developing court policies.
Peonage laws vary from state to state. This chart catalogs state statutes that mention peonage and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s statute mentioning peonage. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes mentioning peonage. This chart will also assist attorneys and advocates working with peonage victims in identifying a more complete list of U visa qualifying criminal activities that peonage victims may also have suffered.
Peonage laws vary from state to state. This chart catalogs state statutes on peonage and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s peonage statute. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes on peonage. This chart will also assist attorneys and advocates working with peonage victims in identifying a more complete list of U visa qualifying criminal activities that peonage victims may also have suffered.
Involuntary servitude and slave trade laws vary from state to state. This chart catalogs states that have involuntary servitude and slave trade in the state constitution and in state statute and identifies potential U visa qualifying criminal activity that can fall within the relevant elements of the state’s constitution and statutes. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state constitutions and criminal statutes on involuntary servitude and slave trade. This chart will also assist attorneys and advocates working with involuntary servitude and slave trade victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude and slave trade victims may also have suffered.
Involuntary servitude laws vary from state to state. This chart catalogs state statutes that mention involuntary servitude and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s statute mentioning involuntary servitude. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes mentioning involuntary servitude, and assist attorneys and advocates working with involuntary servitude victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude victims may also have suffered.
Involuntary servitude laws vary from state to state. This chart catalogs state statutes on involuntary servitude and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s involuntary servitude statute. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities, and assist attorneys and advocates working with involuntary servitude victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude victims may also have suffered.
A chart comparing the eligibility, process, and benefits of U Visas, T Visas, VAWA Self-Petition, Special Immigrant Juvenile Status (SJIS), and Deferred Action for Childhood Arrivals (DACA). Written by Krisztina Szabo, Spencer Cantrell, and Leslye Orloff.