Publisher: * NIWAP
[pdf] Louisiana Judicial Training Network – Economic Relief and Public Benefits (+)
[pdf] Louisiana Judicial Training Network – U and T Visa Certification in Civil court Cases (+)
[pdf] Louisiana Judicial Training Network – SIJS and Role of State Court (+)
[pdf] Louisiana Judicial Training Network – Civil Protection Orders and Immigration Victims (+)
[pdf] Louisiana Judicial Training Network – Implementing Judicial Leadership Team Work (+)
[pdf] Michigan Judicial Institute Training – Economic Relief and Public Benefits (+)
[pdf] Michigan Judicial Institute Training – U and T Visa Certifications and Immigrant Victims In Civil Court Cases (+)
[pdf] Training Michigan Judicial Institute – VAWA Confidentiality Discovery and Courthouse Enforcement (+)
[pdf] Everything Law Enforcement Needs to Know about Forms of Immigration Relief (+)
This PowerPoint presentation was part of the 2018 Iowa Victim Justice Symposium.
[pdf] Best Practices when Working with Immigrant Survivors (+)
PowerPoint presentation from the 2018 Iowa Victim Justice Symposium.
[pptx] “Best Practices: Immigrant Crime Victims, Language Access and the U Visa” Biloxi Powerpoint (+)
“Best Practices: Immigrant Crime Victims, Language Access and the U Visa” Biloxi Powerpoint
[pptx] “Immigrant Survivors Legal Rights, Protections, Options, and Opportunities” Bolixi PowerPoint (+)
“Immigrant Survivors Legal Rights, Protections, Options, and Opportunities” Bolixi PowerPoint
[pdf] U Visa Case Scenarios Faculty Sheet (+)
[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] Appendix K – State Law Definitions of Child Abuse (+)
A summary of the common themes in state definitions of child abuse in the form of a list depicting statutory language used by various state courts in order to allow judges to identify the similar themes easily.
[pdf] Toolkit: access to Georgia Funded TANF for VAWA Self-Petitioners (July 17, 0218) (+)
This tool contains the Georgia policies and statutes that confirm that VAWA self-petitioners have access to state funded TANF without regard to their date of entry into the United States.
[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] Kentucky Demographics (updated October 4, 2023) (+)
Demographics of Kentucky
Data from 2021 updated in 2023
[pdf] Iowa Demographics (updated October 4, 2023) (+)
Demographics of Iowa
Data from 2021 updated in 2023
[pdf] Indiana Demographics (updated October 4, 2023) (+)
Demographics of Indiana
Data from 2021 updated in 2023
[pdf] Idaho Demographics (updated September 27, 2023) (+)
Demographics of Idaho
Data from 2021 updated in 2023
[pdf] Hawaii Demographics (updated September 27, 2023) (+)
Demographics of Hawaii
Data from 2021 updated in 2023
[pdf] Georgia Demographics (updated September 27, 2023) (+)
Demographics of Georgia
Data from 2021 updated in 2023
[pdf] Florida Demographics (updated September 20, 2023) (+)
Demographics of Florida
Data from 2021 updated in 2023
[pdf] Delaware Demographics (updated September 20, 2023) (+)
Demographics of Delaware
Data from 2021 updated in 2023
[pdf] Connecticut Demographics (updated September 20, 2023) (+)
Demographics of Connecticut
Data from 2021 updated in 2023
[pdf] Colorado Demographics (updated September 20, 2023) (+)
Demographics of Colorado. Data from 2021, updated in 2023.
[pdf] California Demographics (updated September 27, 2023) (+)
Demographics of California
Data from 2021 updated in 2023
[pdf] Alaska Demographics (updated September 27, 2023) (+)
Demographic information about the immigrant population in Alaska. Data from 2021. Updated in 2023.
[pdf] Arizona Demographics (updated September 27, 2023) (+)
Demographics of Arizona
Data from 2021 updated in 2023
[pdf] Intersection of Immigration Law and Family Law in State Court Cases Involving Immigrant Parties and Their Children (+)
PowerPoint Presentation from New Mexico Judicial Conclave Conference on June 7, 2018
[pdf] What State Courts Need to Know About Immigration and Why: Human Trafficking and Family Violence (+)
[pdf] Wisconsin Demographics (updated November 29, 2023) (+)
Basic demographic information on immigrant population in Wisconsin – 2021 Data. Updated 2023.
[pdf] Kansas Demographics (updated October 4, 2023) (+)
Basic demographic information on immigrant population in Kansas – 2021 Data. Updated 2023.
[pdf] Illinois Demographics (+)
Basic demographic information on immigrant population in Illinois – 2014 Data. Updated June 2016.
[pdf] Idaho Demographics (+)
Basic demographic information on immigrant population in Idaho – 2014 Data. Updated June 2016.
[pdf] Arkansas Demographics (updated September 27, 2023) (+)
Demographics of Arkansas
Data from 2021 updated in 2023
[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] Matter of Jose A. Menjivar (+)
[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 U – SIJS and State Declaratory Judgement Statutes – State by State (+)
This Appendix provides State by state chart of Special Immigrant Juvenile Status and declaratory judgement statutes
[pdf] Appendix Y – States with Rules Identical to FRCP 4 (+)
This Appendix provides State by state rules identical to FRCP 4.
[pdf] Appendix Q 12 – Best Interests Substance Abuse, Mental, Illness, and Criminal Historic Factor (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the substance abuse, mental illness, and criminal history factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 11 – Best Interests – Parental Wishes (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the parental wishes factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 10 – Best Interests – Parental Fitness (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the parental fitness factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 09 – Best Interests – Parental Cooperation Conflict (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the parental cooperation and conflict factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 08 – Best Interests – Joint Custody (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the joint custody factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 07- Best Interests of the Child – Family Violence (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the family violence factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix R – Custody in Protection Orders Proceedings (+)
This Appendix provides a state-by-state summary of the state laws that govern the inclusion of custody awards when state courts issue civil protection orders on behalf of domestic violence and child abuse victims.
[pdf] Appendix S – Using Declaratory Judgment In Family Law Matters (+)
This Appendix provides a summary of cases in which state issued declaratory judgments in family law related matters. It discusses the use of declaratory judgments in matters related to children, marriage, and divorce.
[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 V – Guardianship Appointment of Guardian Chart (+)
This Appendix summarizes the common themes in State definitions regarding the appointment of a guardian.
[pdf] Appendix W – When Guardianship Terminates (+)
This Appendix provides State law definitions of termination of guardianship. The purpose is to help judges to identify when a guardianship is permanent and what are the reasons under state law to terminate the guardianship.
[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 Q 06 – Best Interests Continuity and Stability of Child Factor (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the Continuity and Stability of Child factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 05 – Best Interests – Child’s Wishes (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the Child’s Wishes factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 04 – Best Interests – Child’s Needs (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the Child’s Needs factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 03 – Best Interests – Child’s Family Relationships (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the Child’s Family Relationship factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 02 – Best Interests – Catch-All (December 29, 2017) (+)
This is a map and a chart that depict various states and the factors they consider when determining the best interests of a child
[pdf] Appendix Q 01 – Best Interests of the Child All Factors (December 29, 2017) (+)
This is a map and a chart illustrating different jurisdictions and the factors theyuse when determining the best interests of the child in custode cases as well as whether these are governed by Statute.
[pdf] Appendix Q – Best Interests of the Child Matrix (December 29, 2017) (+)
This a table that is drawn up to show the general categories of “best interest” factors that apply in each US state and territory for custody determinations
[pdf] Appendix P – State Law Definitions of Forced Marriage as Child Abuse (+)
This document provides the definition of forced Marriage in various states and provides the similarities between forced marriage and child abuse.
[pdf] Appendix O – States Definitions of Child Endangerment as More Severe Than Neglect (+)
This is a chart the provides a summary of common themes in state definitions of child endangerment and compares the statutory language with child neglect..
[pdf] Appendix N – Domestic Violence Includes Child Abuse and Child Neglect (+)
This is a chart that is drawn up to make it easier for judges to identify how child abuse is included in the forms of domestic violence that are covered by domestic violence protection order and criminal domestic violence laws
[pdf] Appendix M – State Law Definitions of Child Neglect (+)
This is a chart that shows different state law definitions of child neglect and summarizes the common themes in them. This was developed to help courts identify when other state have statutory language similar to their state statute
[pdf] Appendix L- Abandonment of Children State Statutes Definitions (+)
This is a summary of certain common themes that run through the definitions of abandonment as used in different state courts.
[pdf] Appendix I – Language Access Letter to Courts (+)
This Appendix is a language access letter to courts. The letter provides clarity regarding the requirement that courts receiving federal financial assistance provide meaningful access for limited English proficient (LEP)
[pdf] Appendix H – DHS SIJS Brochure (+)
This Appendix provides a short overview of SIJS
[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] Appendix C – TVPRA-SIJ Neufeld Memo (+)
This memorandum will inform immigration service officers working Special Immigrant Juvenile (SIJ) petitions about new legislation affecting adjudication of petitions filed for SIJ status.
[pdf] Appendix B – SIJS Legislative History (+)
This Appendix discusses the legislative history and the evolution of SIJS statutory protections.
[pdf] Appendix A – SIJS Statutory and Regulatory Provisions (+)
This appendix provides courts easy access to the SISJ statute, USCIS implementing policies and those portions of the USCIS regulations that have not been superseded by statute.
[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] 2. Chapter II: Details About Special Immigrant Juvenile Status (SIJS) Findings (+)
This Chapter provides an overview of the findings required by State Court in determining eligibility for SIJS. It discusses the findings like – Dependency, reunification, abuse, neglect or abandonment and similar basis under the State law.
[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] Chapter 1: Intro and Overview (+)
This chapter introduces the Special Immigrant Juvenile Status path to lawful permanent residence and outlines the role of state courts in the process.
[pdf] How to Advocate for Public and Assisted Housing for Your Battered Immigrant or Trafficking Survivor Client (2017) (+)
[pdf] Request for Meeting with HUD: Access to Public and Assisted Housing for Battered Immigrant Spouses and Children of Citizens and Lawful Permanent Residents (October 19, 2016) (+)
[pdf] Housing Provider Determinations of Battered or Extreme Cruelty for I-130 Applicant Battered Spouses and Children (+)
[pdf] VAWA Self-Petitioning Survey Findings Excerpts (February 12, 2014) (+)
[pdf] May/June 2015 Sheriff Magazine Article: Immigrant Crime Victims, Language Access, and the U and T Visas: Free Training and Resources (+)
[pdf] Chapter 3.1: What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims (+)
[pdf] Chapter 3.2: Certifying Early: When Should You Sign a U or T Visa Certification for a Victim? (+)
[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] Albuquerque, NM: “U-Visa Certifications: Helpful Tool for Prosecuting Domestic Violence and Sexual Assault Cases” (April 11, 2017) (+)
[pdf] 2017 CRLA Training: “Immigrant Access to Federally Assisted Housing” (July 24, 2017) (+)
[pdf] The Categories of “Dual Intent” Nonimmigrant Visas Anticipate That Immigrants Can Permanently Remain in the United States (+)
[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 […]