Publisher: * NIWAP

[pdf] Immigrant Survivors and Their Children Assisting Survivors With Immigration Case Filings and Addressing Issues That Arise in Family Court Cases (+)

Description of the information that will be provided on the December 8, 2021 training, “Immigrant Survivors and Their Children: Assisting Survivors With Immigration Case Filings and Addressing Issues that Arise in Family Court Cases.”

Published November 17, 2021 by

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[pdf] Enhancing Safety Planning and Immingrant Survivors’ Access to Immigration Relief and Public Benefits and Services in the West Virginia (+)

This document is the description for the information that will be provided on the November 10, 2021 webinar “Victim Advocates and Attorneys Working With Immigrant Survivors: Immigration Relief, Trauma-Informed Approach, and Public Benefits”

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[pdf] Comparison Between the Battered Spouse Waiver and VAWA Self Petitioning Cases for Abused Immigrant Spouses (February 6, 2017) (+)

Comparison tool for attorneys and victim advocates to assist with comparing the Battered Spouse Waiver and the VAWA Self-Petition, two forms of immigration relief that help immigrant spouses who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse.

Published February 6, 2017 by

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[pdf] Annotated Section 214 of the Housing Act: 42 U.S. Code § 1436a – Restriction on Use of Public and Assisted Housing By Immigrants (October 31, 2021) (+)

Section 214 of the Housing Act with annotations describing each form of immigration relief or immigration status that applicants may have who are eligible to qualify for housing assistance under this section. Programs include public and assisted housing and this document describes how immigrant victims who have filed or gained immigration statute through a VAWA self-petition, battered spouse waiver, or T visa qualify for housing programs that impose immigrant restrictions under section 201 of the Housing Act.

Published October 31, 2021 by

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[pdf] Department of Homeland Security Organizational Chart – Crime Victim Cases (April 16, 2019) (+)

This document is the organizational chart for the U.S. Department of Homeland Security (DHS) with explanations and highlights detailing the components (divisions) within DHS responsible for adjudicating immigration applications filed by immigrant crime victims; developing DHS regulations, policies and internal training materials that implement federal laws protecting and providing immigration relief to crime victims; enforcing Violence Against Women Act Confidentiality laws; and enforcing immigration laws generally. The amendments to this document were made by NIWAP, American University, Washington College of Law.

Published April 16, 2019 by

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[pdf] Annotated Section 214 of the Housing Act: 42 U.S. Code § 1436a – Restriction on Use of Public and Assisted Housing By Immigrants (October 31, 2021) (+)

This document provides annotations and detailed descriptions for each of the forms of categories of immigrants listed in Section 214 of the Housing and Community Development Act of 1980 who are exempt from immigrant restrictions on housing programs covered by Section 214. Eligible immigrants include: lawful permanent residents, VAWA self-petitioners, VAWA cancellation of removal and VAWA suspension of deportation applicants, T visa recipients and certain T visa applicants, human trafficking victims granted continued presence, refugees, asylees, and certain other immigrants.

Published October 31, 2021 by

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[pdf] Moving Battered Spouse Waiver Adjudications to the VAWA Unit: A Call for Consistency and Safety National Survey Findings Highlights (October 18, 2021) (+)

Study research report documenting the case processing inconsistencies in adjudication by USCIS of Battered Spouse Waiver Cases. The report includes the legislative history of the battered spouse waiver protections that predated the VAWA self-petition, charts comparing the VAWA self-petition and the battered spouse waiver, and illustrative stores and research data illustrating how the regional and district office adjudications of battered spouse waiver cases do not comply with VAWA’s any credible evidence rules and in some cases lead to violations of VAWA confidentiality.

Published October 18, 2021 by

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[pdf] Child Custody Newsletter (October 27. 2021) (+)

This newsletter includes information on the legal rights of immigrant parents in state court custody proceedings and the common misconceptions surrounding immigration status and child custody. It includes a 2021 update that links to documents that track how state court judges need to be aware of legally correct information on which immigrants are are not likely to be removed based on immigration enforcement priority policies issued by the US Department of Homeland Security.

Published October 27, 2021 by

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[pdf] When Family and Immigration Laws Intersect: Case Law and Department of Homeland Security Policy Update (September 30, 2021) (+)

This article looks at case law on custody and immigrant parents and the history and current U.S. Department of Homeland Security policies that confirm that in the vast majority of cases immigration status should not be a factor at all and in the limited cases when consideration may be appropriate not a determinative factor in child custody proceedings.. This article builds upon the articles published in 2013 and 2017 “Custody of Children in Mixed-Status Families: Preventing the Misunderstanding and Misuse of Immigration Status in State-Court Custody Proceedings” and “Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights” (2017).

Published September 30, 2021 by

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[pdf] List of Supporting Documents For Training- Housing Rights for Immigrant Survivors (September 23, 2021) (+)

Information packet on housing options for immigrant survivors of domestic violence, sexual assault, stalking, dating violence and human trafficking. The information covers access to shelter, transitional housing, public and assisted housing, pandemic related housing funding, and other public benefits immigrant survivors are eligible to receive.

Published September 23, 2021 by ,

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[pdf] U visa Certification and T visa Declaration Toolkit for Law Enforcement Agencies and Prosecutors (August 30, 2021) (+)

By providing U‐visa certifications and T visa declarations law enforcement and prosecution officials add to their arsenal of crime fighting tools when immigrant victims feel safer coming forward to report crimes. This document provides the following background information on the U‐visa and T visa programs: an overview of the U‐visa and T visa; Quick Reference guides on the U and T visas, Statutory and Regulatory Background on U and T visas, Flow Charts, Protections for Family Members, Frequently Asked Questions, Timelines, Sample forms, Model policies, Screening tools, DHS brochures and infographics, and links to resource materials and news articles on U and T visa certification.

Published August 30, 2021 by

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[pdf] Stories From the Field: The Crime Fighting Effectiveness of the U Visa (August 23, 2021) (+)

This publication contains a series of stories collected from law enforcement officials and prosecutors across the country illustrating how victims who have filed U visa cases in addition to assisting in the detection, investigation, prosecution, conviction and/or sentencing of the perpetrator of the crime committed against them for which they sought U visa protection, they also play a key role in the successful prosecution of other crimes.

Published August 28, 2020 by

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[pdf] Voir Dire Presentation Final (+)

Having an unbiased jury is essential to any trial. When trying cases involving immigrant victims of domestic or sexual violence, it is imperative that prosecutors develop a strategy to ensure that the jurors selected do not bear any prejudice against the victim and can understand the underlying dynamics of the case.

Published August 11, 2021 by

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[pdf] VSC VAWA Unit Training PowerPoint Presentation (+)

NIWAP presented a webinar for the Vermont Service Center on July 29, 2021. The presentation explained the dynamics of victimization in different contexts, including domestic violence, sexual assault, child abuse, and elder abuse, the impact of traumatization on memory and credibility, and various forms of immigrantion relief for survivors of crime and abuse & the […]

Published July 29, 2021 by

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[pdf] Current State of Violence Against Women Act and Trafficking Victim Protection Act Implementing Regulations and Policies (January 8, 2015) (+)

Analysis of many of the provisions that were passed as part of the Violence Against Women Acts of 1994, 2000, 2005 and 2013 that as of January 2015 had still not been implemented by either the Immigration and Naturalization Service or the Department of Homeland Security. Since this article focused mostly on U visas and VAWA self-petitions, it omits a discussion of the fact that the pre-1994 battered spouse waiver regulations that were overruled by VAWA 1994’s any credible evidence rules have not been amended to removed the overruled provisions for almost three decades as of 2021.

Published January 8, 2015 by

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[pdf] Best Practices to Support Immigrant Victims PowerPoint 7.20.21 (+)

Immigrant victims of crime are often reluctant to call police for help. Victims of domestic violence and sexual assault are further challenged to participate in investigations and prosecutions where they experience immigration-related abuse and threats of deportation. This workshop will explain the intention behind the creation of the U Visa and detail the requirements of […]

Published July 20, 2021 by

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[pdf] NM U Visa PowerPoint Presentation 7.19.21 (+)

Immigrant victims of crime are often reluctant to call police for help. Victims of domestic violence and sexual assault are further challenged to participate in investigations and prosecutions where they experience immigration-related abuse and threats of deportation. This workshop will explain the intention behind the creation of the U Visa and detail the requirements of […]

Published July 19, 2021 by

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[pdf] NIWAP Comments in Response to Request for Public Input: Identifying Barriers Across U.S. Citizenship & Immigration Services (USCIS) Benefits and Services (May 19, 2021) (+)

Comment in Response to Request for Public Input: Identifying Barriers Across U.S. Citizenship & Immigration Services (USCIS) Benefits and Services; CIS No. 2684-21; DHS Docket No. USCIS–2021–0004; RIN 1615-ZB87 discussing policy reforms needed that benefits immigrant survivors of crime and abuse.

Published May 19, 2021 by

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[pdf] NJN Judicial Responses to Labor Trafficking 7.6.21 (+)

Victims of labor trafficking appear before state court judges in a wide range of state court proceedings including protection orders, dependency, delinquency, guardianship, child support, custody, children in need of protection, employment cases, and criminal court cases (both misdemeanors and felonies). Victims of labor trafficking may be adults, youth, or children and some may also […]

Published July 6, 2021 by

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