[pdf] I-130 Victim’s Proof of Battering or Extreme Cruelty 8.20.18 (+)

This document provides housing providers, victim’s advocates and attorneys with guidance clarifying that once HUD receives verification from DHS that in cases of VAWA self-petitioners, VAWA self-petitioners are immediately eligible for public and assisted housing without proration and victims cannot be asked to submit proof of battering or extreme cruelty by HUD or the housing provider. In cases of immigrant victims who are applying for lawful permanent residency through a family based immigration petition filed by their spouse, battered immigrant spouses will need to prove battering or extreme cruelty to be eligible for public and assisted housing. This memo provides guidance for housing providers and victims’ attorneys and advocates on evidence that can be submitted to prove battering or extreme cruelty.

[pdf] Access to State-Funded Public Benefits in South Carolina for Survivors (April 12, 2019, updated September 4, 2022) (+)

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.

[pdf] Chapter 17.2: Coverage for Forensic Costs for Immigrant crime Victims: Medical Coverage and Services (February 12, 2017) (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This is Chapter 17.2 of NIWAP’s manual “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault”. It provides a detailed chart of the forensic examination laws, immigration-related eligibility requirements, and processes to receive payment for examination costs for each state. This information is current as of February 12, 2017. It is intended to provide an overview regarding health benefits and victim compensation for each state.

[pdf] 2021 Flyer – Directory of Service Providers With Expertise Serving Immigrant Survivors (+)

Flyer describing NIWAP’s directory of service providers with expertise and experience serving immigrant survivors of domestic violence, sexual assault, human trafficking, stalking, dating violence and child abuse. With instructions on how to include your agency in the directory, update and complete your agency’s directory entry, and to inform NIWAP about other agencies who should be included in the directory or provide corrections on directory entries.

[pdf] Harvard 2018: Advocacy in Times of Crisis (+)

This panel at the Harvard Immigration Project Symposium covered how an immigrant crime victim’s ability to seek help or participate in the justice system can be impacted in times of increased immigration enforcement. It also discussed deportation and removal protections for crime victims and witnesses under laws such as VAWA Confidentiality and the ICE Courthouse […]

[pdf] Appendix T – Declaratory Judgments – Cases By Topic & State (+)

This Appendix is document that collects case law from states across the country illustrating the wide range of circumstances in which state courts apply state declaratory judgment statutes to issue declaratory judgments on family law matters. It explains a chart that provides helpful illustrative information for courts and attorneys in cases of immigrant children seeking Special Immigrant Juvenile Status (SIJS) findings.

[pdf] Appendix Z- Glossary of Terms (November 15, 2017) (+)

This appendix is a glossary of terms that give brief descriptions of terms are relevant to assisting adult and child immigrant victims of domestic violence, sexual assault, dating violence, stalking, human trafficking, elder abuse, and immigrant children who have suffered child abuse, abandonment or neglect. The terms are organized alphabetically.

[pdf] Appendix G – DHS Immigrants Options for Victims of Crime (English) (+)

This Appendix provides a snapshot of immigrant’s options for victims of crime.

[pdf] 5.8 Chapter V-8 – Paternity Quick Reference Guide (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in paternity and parentage proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in paternity and parentage proceedings and common case scenarios. It also briefly discusses the procedural consideration and best practices for SIJS findings in paternity cases.

[pdf] 5.7 Chapter V-7 – Guardianship Quick Reference (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in guardianship proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in guardianship proceedings and common case scenarios. It also briefly discusses the procedural consideration and best practices for SIJS findings in guardianship cases.

[pdf] 5.6 Chapter V-6 – Dependency Quick Reference (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in dependency proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in dependency proceedings and common case scenarios. It also briefly discusses the procedural consideration and best practices for SIJS findings in dependency cases.

[pdf] 5.5 Chapter V-5 – Delinquency Quick Reference (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in delinquency proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in delinquency proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in delinquency cases.

[pdf] 5.4 Chapter V-4 – SIJS in Declaratory Judgment Cases Quick Reference (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in declaratory judgment cases. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in declaratory cases and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in declaratory cases.

[pdf] 5.3 Chapter V-3 – Custody Quick Reference Guide (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in proceedings involving custody and child support. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in custody and child support proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in custody case.

[pdf] 5.2 Chapter V-2 – Civil Protection Orders Quick Reference Guide (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings in civil and criminal protection orders proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in civil and criminal protection order proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in protection orders.

[pdf] 5.1 Chapter V-1 -Adoption Quick Reference (+)

This Chapter provides an overview of Special Immigrant Juvenile Status findings involving termination of parental rights and adoption. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It further discusses the termination of parental rights in adoption proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in adoption cases.

[pdf] 4. Chapter IV – Application of the Best Interest of the Child Standard in SIJS (+)

This Chapter provides an overview of congressional and immigration policy framework for Special Immigrant Juvenile Status. It discusses the practical guide in determining the best interest standard in SIJS. It further explains the best interest standard in light of custody, and placement. Lastly, the chapter discusses reunification as a factor used by state courts in determining SIJS application of the best interest standard in SIJS.

[pdf] 3. Chapter III – Abuse, Abandonment, or Neglect – The Role of State Law Definitions in Special Immigrant Juvenile Status Findings (+)

This Chapter of the manual provides an overview of how state courts apply the state law definitions of “abuse,” “abandonment,” and “neglect” in issuing SIJS findings as part of state court orders. It discusses how courts should apply the state law definitions of abuse, abandonment, and neglect to the facts that occurred outside and inside of the United States. It also explains the state law definition of the abuse, abandonment, and neglect ad highlight the common themes in the state law definition of these terms. The chapter provides an overview of the helpful charts included as appendices to this manual that provide the state-by-state details and a national multi-state overview of how each of the following terms are described in the law of each of the U.S. states and jurisdictions.

[pdf] 1. Chapter I – Introduction to Special Immigrant Juvenile Status (+)

This Chapter provides an overview of the Special Immigrant Juvenile States as a form of immigration relief that helps immigrant children who have suffered abuse, abandonment or neglect perpetrated by a parent. It discusses this federal immigration program, its history, and the role of the state courts in SIJS cases. It also discusses the federal immigration adjudication process and how state courts will encounter SIJS eligible children in the wide range of cases that in which SIJS eligible children appear before state courts.

[pdf] NIWAP Amicus Brief Kumar v Kumar (September 16, 2016) (+)

Amicus Brief in an enforcement of an affidavit of support case brought on behalf of an immigrant spouse who was a domestic violence victim. The brief argues the sponsored spouses must be permitted to enforce the I-864 affidavit of support in family court divorce proceedings as a contract and that common law and state spousal support laws may impose duties to mitigate do not apply to affidavit of support enforcement actions. The brief discusses the history and purpose of the affidavit of support and the particular importance of allowing its enforcement in divorce cases and not requiring a separate civil contract enforcement case in cases of battered immigrant spouses. In discussing the legislative history of the statute the brief discusses its relationship to the Violence Against Women Act and the reason VAWA self-petitioners were exempted from deeming, affidavits of support and given access to public benefits as part of the same 1996 law that created the I-864 Affidavit of support.

[pdf] Re: PM-602-0110: VAWA Amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children (+)

NIWAP’s response in support of the memo that included comments for further clarification and instructions regarding the adjudication of such applications. USCIS issued a policy memorandum implementing the provisions of VAWA 2005 and 2000 granting continuing eligibility to apply for lawful permanent residency without the help or knowledge of their abusive spouse to abused spouses […]