Publisher: * NIWAP

[pdf] USCIS U Visa Resource Guide 2019 – Annotated (August 10, 2019) (+)

Includes annotations identifying where the resource guide differs from U visa regulations, regulations preamble and the U visa statute. In this l2019 guide USICS attempted to overrule the prior resource guide on U and T visas that was issued by DHS Headquarters. There remains a debate within DHS as to the whether USCIS could as a matter of law overrule the DHS U and T Resource Guide issued by DHS Headquarters. For training purposes best practices are to continue to treat the 2015 DHS U and T Resource Guide as still having full force and effect in addition to this USCIS resource guide. The statue and regulations and regulations preamble regulatory history take precedence over this USCIS guide where the information contained in this guide differs or is inconsistent with the law and regulations.

Published August 10, 2019 by ,

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[pdf] Safe Housing Partnerships Newsletter Fall 2020 – What Housing Assistance is Available to Immigrant Survivors During COVID-19 (October 28, 2020) (+)

This edition of the Safe Housing Partnerships Newsletter Vol 1, Issue III includes an article co-authored by NASH and NIWAP staff on access to housing assistance during the COVID – 19 pandemic for immigrant survivors of domestic and sexual violence. The article provides an overview of immigrant access to emergency shelter, transitional housing, affordable housing and CARES Act funded housing open to immigrant survivors. The article connects readers to resources and tools to help navigate immigrant survivors legal rights with regard to housing access.

Published October 28, 2020 by ,

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[pdf] Prince George’s County Webinar Presentation 10.29.20 (+)

This presentation covers immigration relief and VAWA Confidentiality protections available to immigrant victims of domestic violence, child abuse, sexual assault, stalking, and human trafficking. It also includes public benefits specific to Maryland and Prince George’s County.

Published October 29, 2020 by

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[pdf] Community Policing Breaking Down Barriers – Michael LaRiviere (Sheriff & Deputy Magazine) (+)

Article “Breaking Down Barriers” by Michael LaRiviere, published at the Sheriff and Deputy Magazine, Vol. 7, issue 5. The article points out that sheriffs must work with immigrant communities and sign U visa certifications to ensure that crimes against the undocumented don’t go unreported.

Published Sept 2019 by

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[pdf] The U Visa as a Crime-Fighting Tool Webinar Presentation 10.20.2020 (+)

This presentation educates prosecutors and law enforcement officials on how they can identify victims who qualify for the U and T visa as well as utilize immigration relief to hold offenders accountable. This presentation outlines how prosecutors can enhance victim, community, and officer safety by combatting domestic, sexual violence, and stalking. This presentation displays how […]

Published October 20, 2020 by

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[pdf] Sample Judicial T Visa Declaration I-914B (August 12, 2020) (+)

This sample judicial T visa declaration certification form is included as part of the U Visa Certification and T Visa Declaration Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates and Other Judicial Officers (August 12, 2020) available at https://niwaplibrary.wcl.american.edu/pubs/judges-u-t-certification-toolkit. The approach to T visa declarations by judges reflected in the sample has been used by judges across the country signing U visa certifications in protection order, custody, divorce, and other civil and criminal court cases for many years and certifications that adopt this approach are accepted by USCIS.

Published August 12, 2020 by

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[pdf] Sample Judicial U Visa Certification I-918B (August 12, 2020) (+)

This sample judicial certification form is included as part of the U Visa Certification and T Visa Declaration Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates and Other Judicial Officers (August 12, 2020) available at https://niwaplibrary.wcl.american.edu/pubs/judges-u-t-certification-toolkit. The approach to U visa certification by judges reflected in the sample has been used by judges across the country signing U visa certifications in protection order, custody, divorce, and other civil and criminal court cases for many years and certifications that adopt this approach are accepted by USCIS in U visa cases.

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[pdf] T Visa Quick Reference Guide For Judges (October 14, 2020) (+)

This document provides on overview of T visas for victims of human trafficking and serves as a quick reference guide discussing the role state, local and federal judicial officials are authorized by Congress to plan in signing T visa declarations on behalf of human trafficking victims that judges encounter in court. This document is part of the U Visa Certification and T Visa Declaration Toolkit for Judges.

Published October 14, 2020 by

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[pdf] COP Making it Work Remotely Presentation 9.22.2020 (+)

This presentation reviews the pandemic effect on family law practitioners and includes a strategies for working remotely and connecting with immigrant clients safely and effectively. This Community of Practice featured an attorney as well as judicial perspective during the discussion.

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[pdf] USCIS-Announces-New-Filing-Location-09.21-Update (+)

Starting June 29, 2020 USCIS is changing filing locations for U visa forms and Adjustment of Status Forms for U visa holders. The term that USCIS uses for lawful permanent residency is “adjustment of status”. USCIS will allow for a 30-day grace period for petitioners to file their U visa and Adjustment of Status forms, and all related forms, at the incorrect service center. The grace period will run through July 30. After that date, USCIS may reject any Form I-918, Form I-918A, Form I-918B, Form I-485, and all related forms sent to the incorrect service center. Visit https://niwaplibrary.wcl.american.edu/pubs/map-of-dhs-new-uscis-filing-locations for the corresponding color-coded map.

[Sep. 21, 2020 Update] Please note: Petitioners can file with I-765 Work Authorization and I-192 Advanced Permission to Enter as a Nonimmigrant applications with their U visa form concurrently. When filing concurrently, petitioners living in green states must file at the USCIS Nebraska Service Center and petitioners living in blue states must file at USCIS Vermont Service Center.

Published July 24, 2020 by

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[pdf] DC Public Benefits PowerPoint OVSJG and NIWAP (+)

This presentation includes how to identify which immigrant victims and their children qualify for which types of publically funded benefits and services in D.C. It also describes how filing for victim related immigration benefits enhances access to public benefits safety net services. Lastly, it explains how VAWA confidentiality protections from removal for immigrant survivors improving […]

Published September 16, 2020 by

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[pdf] COP Tax Issues for Survivors COVID-19 Presentation 7.8.20 (+)

This Community of Practice meeting features a special guest speakers: Clinical Professor of Law Director at Michigan State University Veronica Thronson, Visiting Associate Professor (Federal Tax Clinic) at Washington College of Law Jacqueline Lainez Flanagan, Director of the Low Income Taxpayer Clinic Joshua Wease, and Law Income Taxpayer Clinic Attorney Christina Wease. The presentation covers […]

Published July 8, 2020 by

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[pdf] COP COVID-19 Update Presentation 6.25.20 (+)

This presentation facilitated a discussion on adaptations to covid-19 by family law attorneys. NIWAP published a tool to evaluate immigrant victims’ of crime eligibility for relief under the CARES Act. This PowerPoint includes information on NIWAP’s covid-19 tool.

Published June 25, 2020 by

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[pdf] DC Family Law Presentation with OVSJG 8.25.2020 (+)

This PowerPoint corresponds to NIWAP’s training with DC OVSJG on family on August 25, 2020. This presentation includes information on how to implement family court litigation strategies that inform judges about the immigration related abuse and immigration remedies that protect victims. It also covers how to counter perpetrators’ attempts to use victim’s immigration status to […]

Published August 25, 2020 by

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[pdf] Faculty Bios for DC Family Law Presentation 8.25.2020 (+)

This is a list of faculty bios for NIWAP’s presentation on Family Law with the Office of Victim Services and Justice Grants in Washington DC. Judge Julie Breslow, Judge Rosemary Collins, and NIWAP Director Leslye Orloff presented at this virtual training and information about their backgrounds and expertise is included in this list of bios.

Published August 20, 2020 by

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[pdf] Charles, St Marys, Calvert, Counties Family Law Presentation 8.13.2020 (+)

This presentation addresses issues that arise in family law proceedings involving immigrant victims of domestic violence, child abuse, sexual assault, stalking, and human trafficking and their children. This presentation teaches family court litigation strategies that inform judges about the immigration related abuse and immigration remedies that protect victims. These strategies encompass countering perpetrators’ attempts to […]

Published August 13, 2020 by

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[pdf] T Visa Protections for Family Members (July 3, 2020) (+)

The following chart outlines each of the types T visas available to immigrant victims of human trafficking and their family members. Age-out protections are provided for T visa principal applicants and for the family members they included in their applications (derivatives) who are under 18 or 21 years of age.

Published July 3, 2020 by

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[pdf] T Visa Regulations 2002 and 2016 (June 23, 2020) (+)

This document compares and tracks with comments the evolution and regulatory history of the T visa regulations. It includes the full regulatory history preamble language from both sets of regulations. It interlineates the 2002 regulations to help users identify which parts of the 2002 regulations and the preamble supporting that language remain in effect after implementation of the 2016 regulations. It also identifies which parts of the 2002 regulations were substantially modified, overruled, or replaced by the 2016 regulations and crosses out those provisions and any preamble language that is no longer relevant after implementation of the 2016 regulations. This is a tool that will help lawyers, judges and the field better understand the T visa regulations, and their history and purpose so as to better serve victims of human trafficking.

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[pdf] Foreign-Born and Limited English Proficient (LEP) Populations Five Maryland Counties (June 9, 2020) (+)

This tool includes a breakdown of five Marlyand counties’ demographics updated on June 9, 2020. The five counties include: Montgomery, Prince George’s, Charles, Calvert, and St. Mary’s Counties in Maryland. This tool includes 3 charts: one of the citizens vs. noncitizens in MD, a breakdown of most common LEP languages in MD, and the demographics specific to each of the five MD counties listed above. This census data is compiled to inform service providers about the immigrant populations they serve and potential immigrant victims of crime they could encounter.

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[pdf] Foreign-Born and Limited English Proficient (LEP) Populations in the District of Columbia (June 9, 2020) (+)

This tool includes a breakdown of DC demographics updated on June 9, 2020. This tool includes 3 charts: one of the citizens vs. noncitizens in DC, a breakdown of most common LEP languages in DC, and the demographics specific to each DC ward. This census data is compiled to inform service providers about the immigrant populations they serve and potential immigrant victims of crime they could encounter.

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[pdf] Charles, St. Mary’s, Calvert Public Benefts Presentation (+)

This presentation provides an overview of dynamics and barriers immigrant survivors encounter. It also provides information on the full range of protections immigrant survivors of domestic violence, child abuse, sexual assault, stalking, and human trafficking are legally eligible to access. This training is specifically tailored to service providers to know how to assist immigrant and […]

Published July 30, 2020 by

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[pdf] Map of New USCIS Filing Locations for U Visa and Lawful Permanent Residency Forms (July 24, 2020) (+)

USCIS announced new filing locations for Form I-918 and Form I-485 for applicants filing based on U Nonimmigrant Status. This color-coded map shows which states must file at either the USCIS Nebraska or Vermont Service Centers. This information is current as of its publication date, July 24, 2020. For the most up-to-date information on the U visa form, filing instructions, and where to file, visit https://www.uscis.gov/i-918 .

Published July 24, 2020 by

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[pdf] The Impact of 2020 Public Charge Rule on Transitional Housing (October 12, 2020) (+)

This publication discusses why immigrant victims’ access to transitional housing and emergency shelter do not create issues with the public charge ground of inadmissibility. It discusses the definition of public charge, the types of programs and services that fall within the “public benefits” definition under the 2020 public charge rule and federal statutes, and how transitional housing does not fall within the definition of public benefits. It is crucial that victim advocates, attorneys, police, prosecutors, courts and other service providers working with immigrant victims are able to accurately identify who may be affected by the 2020 public charge rule and which public benefits are included in the 2020 regulation’s definition of public charge.

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[pdf] What Family and Child Welfare Judges Need to Know: Legal Options for Immigrant Adult, Teen and Child Victims of Domestic and Sexual Violence (July 21, 2020) (+)

This slideshow provides judges with the legally correct information about intersecting immigration, family and benefits laws needed to issue more effective and enforceable orders and discovery rulings. There are tips, tools and resources for family law cases involving immigrant victims of domestic violence, sexual assault, and child/elder abuse.

Published 07-21-20 by ,

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[pdf] Seminario Web Auto-Petición VAWA PowerPoint (+)

Esta presentación explica los requisitos para la Auto-Petición VAWA. También la presentación incluye los requisitos para la VAWA Ley de Equidad de Inmigración de Refugiados Haitianos (HRIFA), Ley de Ajuste Cubana VAWA (CCAW), Suspensión / Cancelación de VAWA y Ley de ayuda Nicaragüense y Centroamericana (NACARA) VAWA. Toda la información es en español.

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[pdf] VAWA Self-Petition Webinar PowerPoint (+)

This presentation is an overview of VAWA Self-Petition and encompasses all of the basic information on VAWA Self-Petition qualifications and applications. It also breaks down several specific VAWA Self-Petitions based on country of origin, including VAWA HRIFA, VAWA NACARA, and VAWA CAA.

Published 4-22-2020 by

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[pdf] VAWA-Suspension-of-Deportation-Interliniated-Statute (+)

This document tracks amendments creating VAWA suspension of deportation in 1994 and amendments occurring to VAWA suspension of deportation by VAWA 2000 and VAWA 2005. Please note that VAWA suspension of deportation continues as an option for battered spouses and children of U.S. citizen and lawful permanent resident abusers despite the fact that suspension of deportation was removed from the Immigration and Nationality Act by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The code section that used to apply to suspension of deportation including VAWA suspension of deportation was INA Section 244. When suspension of deportation was replaced by cancellation of removal the INA section that had been used for suspension of deportation was reassigned to Temporary Protected Status. Although the code section was eliminated from the INA for VAWA suspension of deportation the immigration relief remains available for battered immigrant spouses and children of US citizens and lawful permanent residents and VAWA suspension of deportation has continued to be improved in subsequent reauthorizations of VAWA.

Published January 14, 2013 by

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[pdf] COP Human Trafficking 4.21.2020 (+)

This presentation covers screening for human trafficking victims. Commissioner Loretta Young and Judge Rosemary Collins (Ret.) discuss best practices when working with human trafficking victims. It also includes screening tools to assist victims of human trafficking and aid family law attorneys in their work.

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[pdf] COP Emerging Challenges due to COVID-19 Cont (+)

This presentation is a continued discussion on COVID-19 and the evolution of issues in the area of family law. After the last Community of Practice, members completed a survey including best practices and greatest challenges given the COVID-19 pandemic. The results are included in this presentation and were discussed by COP members.

Published 4-13-2020 by

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[pdf] National Survey of Service Providers on Police Response to Immigrant Crime Victims, U Visa Certification and Language Access (April 16, 2013) (+)

This report explores police responses to immigrant victims of crime from the perspectives of various service providers, including legal services, pro bono attorneys, social service organizations, domestic violence/sexual assault programs, law enforcement and prosecutors’ offices. The data presented are based on the results of a nationwide survey of organizations serving immigrant victims of domestic violence, sexual assault and human trafficking. We assess the effect that a history of ongoing collaboration between victim and legal services agencies and law enforcement has on U Visa certification practices and language access to the justice system. The paper also examines the experiences of working with Limited English Proficiency (LEP) clients and language access in the field and during legal procedures. A key focus of this paper is to identify factors that support improved access to culturally and linguistically appropriate resources and services, including the identification of systemic barriers that impede access.

Published April 16, 2013 by

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[pdf] Missouri Prosecutor Language Access Webinar PowerPoint (+)

This webinar was specifically tailored to a prosecutor audience in Missouri. It discusses language access requirements under Title VI and the American Disabilities Act as well as how to improve investigations and prosecutions by using language access tools. The goal of the presentation is to equip prosecutors with tools to enhance victim safety and participation […]

Published 2-6-2020 by

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[pdf] Obtaining Non-work Social Security Numbers Needed by VAWA Self-Petitioners to Maintain Public and Assisted Housing (2019) (+)

Under Section 214 Housing, VAWA Self-Petitioners are eligible for public and assisted housing; however, in order to obtain these housing benefits, VAWA Self-Petitioners must have a Social Security Number. This document explains the process of applying for a Non-Work Social Security Number which VAWA Self-Petitioners need until their petition is approved, and they can work […]

Published 11/07/2019 by

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[pdf] Best Practices and Tools That Build the Capacity of APS to Serve Immigrant Domestic and Sexual Violence Victims PowerPoint (+)

This webinar focuses on how to screen elder and vulnerable adult victims for crime victim based forms of immigration relief. It also covers the U and T visa certification practices at Adult Protective Services Agencies and how to enhance victim safety and participation in the APS and justices systems. NIWAP hosted this webinar with the […]

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[pdf] Battering or Extreme Cruelty in the Context of Elder Abuse from APS Tool Kit (+)

This document explains the Department of Homeland Security regulation’s description of battering or extreme cruelty in the context of elder abuse. It also provides a list of forms of elder abuse by the Center for Disease Control and Prevention that is consistent with DHS’ approach to battering or extreme cruelty. This two-page document is an […]

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[pdf] Language Access Municipal Network PowerPoint Presentation (+)

This presentation describes the language access requirements of Title VI and the American Disabilities Act as well as how law enforcement and prosecutors can improve investigations and prosecutions by using language access tools. It also covers how to enhance victim safety and participation in the criminal justice system by improving language access.

Published 11/22/2019 by

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[pdf] In Accordance with the Law: Working with LEP Domestic Violence and Sexual Assault Victims Presentation (+)

This presentation reviews the language access requirements of Title VI and the American Disabilities Act. The goal of this presentation is to improve investigations and prosecutions by using language access tools. Better language access plans for Limited English Proficiency (LEP) victims enhance victim safety and participation in the criminal justice system.

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[pdf] Promoting Access to Justice for Immigrant and LEP Crime Victims in an Age of Increased Immigration Enforcement – National Report (May 3, 2018) (+)

Immigrant Access to Justice National Report – This report presents the results of a national survey conducted during October and November 2017 among judges, police, prosecutors, advocates and attorneys documenting whether and the extent to which increased immigration enforcement has been impacting access to justice for immigrant survivors of domestic violence, sexual assault, child abuse, elder abuse and human trafficking.

Published May 3, 2018 by

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[pdf] And Legal Services for All: Implementing the Violence Against Women Act of 2005’s New Path to Legal Services Corporation Funded Representation for Immigrant Survivors of Domestic Violence, Sexual Assault, Human Trafficking, and Other Crimes (+)

This article contains a detailed description of the history and purpose of access to legal services funded by the Legal Services Corporation (“LSC”) for immigrant victims of domestic violence, sexual assault, human trafficking and other U visa listed criminal activities. It provides a detailed analysis of the 2014 LSC regulations, policies and the services they provide to immigrant victims, and highlights the very real implications that a lack of legal services can have for individuals who need them most.

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[pdf] Immigrant Crime Victims and Public Charge: Post-VAWA 2013 (August 19, 2019) (+)

Information regarding immigrant crime victims and public charge in light of the VAWA 2013 statutory amendments. This article discusses how VAWA self-petitioners, VAWA cancellation of removal, VAWA suspension of deportation, battered spouse waiver, U visa and T visa applicants are exempt from the public charge ground of inadmissibility.

Published August 14, 2019 by

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[pdf] Immigrant Crime Victims and Immigrant Children PowerPoint – American Judges Association (September 16, 2019) (+)

This presentation explains how accurate immigration law information results in just and fair outcomes in state courts. It instructs on how to recognize facts that indicate a party qualifies for crime victim related forms of legal immigration status, and it also covers the Violence Against Women Act confidentiality laws as well as U and T […]

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[pdf] Using Effective Crime Fighting Tools Handout (+)

This PowerPoint focuses on how investigations can be improved using language access tools, holding offenders more accountable by using the U-Visa certification process, enhancing victim safety and participation in the criminal justice system. The goal is to enhance officer, victim, and community safety using language access and certification programs.

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[pdf] The Case of Maria Luis (Language Access) Handout (+)

This PowerPoint explains what federal federal language access laws require of programs receiving federal financial assistance (e.g. courts, child welfare, police, prosecutors, advocates, legal services). It also identifies pivotal points where lack of language access can negatively impact immigrant victims and their children and teaches what steps you can take in your agency and in […]

Published 09-18-2019 by

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[pdf] List of Webinars for Courts (Updated 9/30/19) (+)

The National Women’s Advocacy Project (NIWAP) offers online learning through webinars, webcasting, and training modules. Along with our partner organizations, we facilitate trainings with experts to answer all your questions relating to immigrant crime victims.

This page includes a list of all NIWAP’s past webinars that we think judges and court staff may find helpful. They are organized by topic, and each page includes supplemental materials from our web library to complement each presentation and provide further clarification.

For a list of all of NIWAP’s webinars, please go to this link: https://niwaplibrary.wcl.american.edu/all-niwap-webinars/

Published September 30, 2019 by ,

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[pdf] Maryland Service Providers Training and Meeting Handout (+)

This handout complements the PowerPoint presentation for the Training and Meeting on Best Practices, Legal Rights, and Protections for Immigrant and Limited English Proficient Crime Victims. The material covers dynamics and barriers immigrant survivors encounter, protections survivors are legally eligible to access, and assisting victims in a trauma-informed manner.

Published 9/27/2019 by

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[pdf] KS City-Columbia MO October 2-3, 2019 PowerPoint (+)

This is the presentation from the “Multi-Disciplinary Best Practices: Immigrant Domestic & Sexual Violence Victims, Language Access and the U and T Visas” training for law enforcement, prosecutors, attorneys, and advocates in Missouri. NIWAP offered two identical trainings on two separate days and used this presentation for both trainings. The PowerPoint discusses how to identify […]

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[pdf] VAWA Immigration Protections for Survivors of Domestic and Sexual Violence, Human Trafficking, Stalking, and Child/Elder Abuse (+)

This presentation includes how to identify adult and child victims who qualify for the forms of immigration relief created by Congress to protect victims and improve their access to justice as well as how facilitating early filing for immigration relief increases offender accountability and officer, community and victim safety. Finally this PowerPoint emphasizes working facilitating […]

Published 9-06-2019 by

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[pdf] Legal Rights of Domestic and Sexual Violence Survivors PowerPoint (+)

This presentation explains how to identify adult and child victims who qualify for the forms of immigration relief created by Congress to protect victims and improve their access to justice. It also covers how facilitating early filing for immigration relief increases offender accountability and officer, community, and victim safety. Finally, the PowerPoint emphasizes multi-disciplinary teams […]

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[pdf] VA Beach VA Prosecutors Presentation (August 3, 2019) (+)

This presentation focuses on enhancing victim and community safety and hold offenders accountable by utilizing immigration relief as a crime fighting tool. It also covers identifying victims and witnesses who qualify for crime victim-based forms of immigration relief and analyzing requests for assistance with immigration relief applications in the context of victim and offenders dynamics. […]

Published 08-03-2019 by

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[pdf] Florida FCCJ Judicial Training Naples (August 7, 2019) (+)

This presentation informs judges about how accurate immigration law information results in just and fair outcomes in state courts and the role Congress envisioned for judges to be able to sign U and T visa certifications. It also helps judges recognize facts that indicate a party qualifies for crime victim related forms of legal immigration […]

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[pdf] U Visa Certification and Custody (July 30, 2019) (+)

This presentation explains the importance of access to legally correct information about U.S. immigration laws when issuing rulings in custody cases. It also covers signing U and T visa certifications and implementing procedures for signing U or T visa certifications in family, civil, and criminal cases that are consistent with federal law. The goal is […]

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[pdf] BWJP Crime Visas Law Enforcement Tool Presentation 2-18-15 (+)

This webinar aims to enhances law enforcement’s ability to work with immigrant victims and teach law enforcement the benefits of U and T certification for victims, law enforcement, and community safety. The presentation also explains how to build collaborations with victim advocates in working with immigrant crime victims.

Published 2-18-2015 by

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[pdf] Rural Language Access Webinar Presentation 3-20-18 (+)

This presentation teaches how to improve investigations by using language access tools as well as how to enhance victim safety and participation in the criminal justice system. This presentation explains how to use language access to enhance victim/officer/community safety and improve policing in immigrant communities.

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[pdf] Rural U Visa Webinar Presentation 2-26-18 (+)

This presentation reviews the benefits of the U and T visas for law enforcement which include: an increase in reporting, improvement in investigations, better participation in the justice system, and an increase in safety. The webinar also explains the challenges and barriers for immigrant victims in rural jurisdictions.

Published 2-26-2018 by

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[pdf] When State Family Law and Federal Immigration Laws Intersect: Promoting Access to the Courts and Just Outcomes for Immigrants (September 15, 2017) (+)

This webinar explains the benefits of accurate immigration law information, how to best carry out the role Congress delegated to State Court Judges in Special Immigrant Juvenile Status (SIJS) and U Visa cases. The presentation covers how to identify SIJS eligible minors before the court and issue SIJS predicate orders, and in the case of […]

Published 09-15-2015 by

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