[pdf] Affidavits of Support and Enforceability Bench Card (June 13, 2024) (+)

This bench card provides an overview of the two forms of Affidavits of Support that state family court judges may be asked to enforced as part of a divorce action involving an immigrant spouse who was sponsored for their “green card” by their U.S. citizen spouse. It discusses the history and enforceability of the Form I-864 Affidavit of Support and the evidence value of both the I-864 Affidavit of Support and the older Form I-134 Affidavit of Support. It also illustrates for judges and family law attorneys how to calculate the support due by the citizen spouse to the immigrant spouse under the I-864 Affidavit of Support. The Bench Card includes citations to and reports case law on Affidavits of Support.

[pdf] Bench Card on Immigrant Crime Victim’s and Immigrant Children’s Access to Public Benefits and Services (December 31, 2021) (+)

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.

[pdf] Privacy Protections for Immigrant Victims of Domestic Violence, Sexual Assault, Human Trafficking, Child Abuse and Other Immigrants Applying for Public Benefits (October 14, 2020) (+)

The fact sheet provides an overview which government officials state or federal have obligations to inquire into or report immigrants whom they believe may not be in the U.S. lawfully to the Department of Homeland Security. This document discussed the very limited circumstances (in the context of certain public benefits applications) in which government officials are required by federal law to report an individual’s believed citizenship or immigration status to DHS.

*Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights (2017)

Veronica T. Thronson, Carole Angel, Soraya Fata, Rocio Molina, Benish Anver, Kalli Wells and Leslye E. Orloff, Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights.  9 Fam. & Intimate Partner Violence Q. 2-3, 1-169 (2017) This article discusses a wide range of topics that arise in custody cases […]

*Evidence Checklists For Work With Immigrant Survivors (February 11, 2017)

NIWAP has developed a number of checklists that assist attorneys and advocates working with immigrant survivors to prepare for a variety of legal cases on behalf of immigrant survivors.  Some of the following checklists are geared toward preparing to accompany a victim who will be applying for state or federal public benefits that the victim […]

*Breaking Barriers Table of Contents

Breaking Barriers is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to […]

[pdf] Chapter 06.4: Ensuring Economic Relief for Immigrant Victims Through Family Law Proceedings: Child Support and Spousal Support (+)

This chapter provides an overview of the child support system and demonstrates some of the problems faced by immigrant victims in accessing this system. This chapter also provides practical information on how to prepare for a child and spousal support case; what form of support orders are best in domestic violence cases; and tips on child support enforcement. The focus of this chapter is on the child- and spousal support issues that arise in cases of immigrant victims.

[pdf] Economic Relief Tool Kit (+)

A comprehensive tool kit on subjects, such as: ensuring economic relief for immigrant victims through family law, proceedings: child support and spousal support, applicant financial statement, employer financial statement, employer affidavit, sample cover letter requesting employer’s statement, retroactive child support, and timing of immigrant victim access to work authorization.

[pdf] Family and Criminal Court Scenarios in Which Courts Will Encounter Immigrants Who Are Eligible for Immigration Protections (+)

Information and examples explaining how and in what proceedings courts may encounter immigrants who are eligible for Violence Against Women Act (VAWA and U Visa), Trafficking Victims Protection Act (TVPA), Special Immigrant Juvenile (SJIS) and Deferred Action for Childhood Arrival (DACA) immigration protections.

[pdf] Escorting Detained Parents and Other Immigrants to Court (2010) (+)

This letter used together with the ICE Performance Based National Detention Standard on Escorted Trips for Non-Medical Emergencies (also included in this library) describes the system for securing attendance at court hearings for immigrants in ICE immigration detention. For parents in immigration detention this letter and the Non-Medical Emergency escort policy has been replaced by the 2013 Parental Interest Directive (also included in this library). This letter and the Non-Medical Emergency escort policy will have continued availability for use by courts and attorneys seeking to have detained immigrants appear in court for proceeding that do not involve children.