Report by William A Kandel of the Congressional Research Service Report on how VAWA provisions work, critiques of Immigration provisions, requirements, concerns, and current legislation. Discusses the legislative history and implementation of battered spouse waiver, the VAWA self-petition, and the U visa.
Topic: Immigration
Materials and best practices regarding immigration.
Narrow your search:
- Asylum
- VAWA Self-Petition
- DACA
- Battered Spouse Waiver
- U Visa and Immigrant Crime Victims
- T Visa & Human Trafficking
- Special Immigrant Juvenile Status (SIJS)
- Board of Immigration Appeals and Immigration Judges
- Any Credible Evidence
- Children Status Protection Act
- Defense of Marriage Act
- Enforcement and Detention
- International Marriage Broker Regulation Act
- Lawful Permanent Residency and Naturalization
- Screening, Checklists, and Comparison of Immigration Relief
- State Immigration Legislation
- Student Visas
- VAWA Cancellation & Suspension
- Work Authorization
- VAWA NACARA
- VAWA Cuban Adjustment Act
- VAWA HRIFA
- Eligibility of Visa Holders' Spouses for Work Authorization
- Trafficking Victims Protection Act
- Visa Holder Abused Spouses
- Index of Significant Training Materials on Immigration Relief for Immigrant Crime Victims and Children
- Index of Significant U and T Visa Training Materials
- VAWA NACARA
- Humanitarian Parole
- Gender-Based Persecution
- DV Victim Waiver
[pdf] Slides from “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” (+)
These slides were presented by Leslye Orloff in a keynote address entitled “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” at Youngstown State University on March 31, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.
[pdf] Slides from “Expanding Legal Representation of Immigrant Survivors in Immigration and Family Law” (+)
These slides were presented in Leslye Orloff’s workshop “Expanding Legal Representation of Immigrant Survivors in Immigration and Family Law” at Community Legal Aid’s Akron, OH office on March 30, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.
[pdf] Work Authorization for Spouses of Visa Holders – DHS Policy Memo (+)
This policy memorandum was issued by DHS on March 8, 2016 and provides guidance on the eligibility for work authorization of spouses of certain kinds of visa holders if they or their children have been abused. The categories of visas to which this applies are as follows: A-1, A-2, A-3, E-3, G-1, G-2, G-3, G-4, G-5, H-1B, H-1B1, H-2A, H-2B, H-3, and H-4.
[pdf] Bipartisan Women Made Anti-Violence Act Happen (+)
Article by Ann Moline Women’s Enews correspondent, on the collaboration between Democratic and Republican Senate staff who led Senator Kennedy and Abraham’s work on the Violence Against Women Act of 2000’s immigration protections including the creation of the U and T Visas and improvements to VAWA self-petitioning, VAWA cancellation of removal and VAWA suspension of deportation.
[pdf] Untold Stories VAWA 1994: Cases Documenting Abuse By U.S. Citizens and Lawful Residents of Immigrant Spouses (+)
The original story book and research report collected and presented to Congress support VAWA 1994 immigration protections creating VAWA self-petitioning and VAWA suspension of deportation.
[pdf] Slides from U Visa Consular Processing: How to Get Qualifying Family Members to the U.S. (+)
These slides were presented by Edna Yang, Rocio Molina, and Mercedes Lorduy at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from Complex Issues that May Arise When Filing a U Visa Application: Inadmissibility, Derivative Applications, and Waitlists (+)
These slides were presented by Edna Yang and Mercedes V. Lorduy at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from Evidence of Coercive Control: Proof of Extreme Cruelty in Immigration Cases and Power and Control Dynamics in Family Law Cases (+)
These slides were presented by Mary Ann Dutton, Rocio Molina, and Commissioner Loretta Young at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from U Visas Crime Fighting Tool: Tips, Tools, and Certification for Law Enforcement and Prosecutors Working With Immigrant Survivors (+)
These slides were presented by Officer Michael LaRiviere, Detective Shelli Sonnenberg, and Bill Tamayo at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from How to Obtain U Visa Certification in Family and Criminal Courts (+)
These slides were presented by Commissioner Loretta Young, Judge Mary Weir, and Leslye E. Orloff at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from A Trauma Informed Approach to Attorney/Client Relationships and Collaborations: Strategies for Divorce, Custody, Protection Orders, and Immigration Cases (+)
These slides were presented by Mercedes V. Lorduy, Mary Ann Dutton, and Aparna Bhattacharyya at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from U Visa 101: Nuts and Bolts of the Application and Certification (+)
These slides were presented by Rocio Molina, Benish Anver, and Aparna Bhattacharyya at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from Special Immigrant Juvenile Status Explained: Obtaining Family Court Orders for Under 21 Year Old Family and Sexual Violence Survivors (+)
These slides were presented by Leslye Orloff, Commissioner Loretta Young, and Judge Mary Weir at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] U Visa LEP Training for LE and Prosecutors NSA 2016 (+)
This workshop was presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Sheriff’s Association Winter 2016 Conference in Washington, D.C. The slides aim enhance officer, victim, and community safety using language access and certification programs including the U and T Visas.
[pdf] Law Enforcement and Prosecution Best Practices: Immigrant Crime Victims, Language Access and the U Visa Slides (NCVC Anaheim Training 2015) (+)
These slides were presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Center for Victims of Crime 2015 Training Institute. The slides aim to educate law enforcement, prosecutors, and other victim service providers about their role in providing services to immigrant crime victims, including providing U visa certification and T visa endorsement.
[docx] SJI Training Material – Minnesota (+)
A handout of the material distributed in the judge’s training in Minnesota. Interest in this training arose as a result of our work with judges in Minnesota on U visa certification by judges. Leslye Orloff and Judge Lora Livingston presented at this training in December 2015. NIWAP worked with the Judicial Education Program Manager to identify which areas needed to be addressed and issues the judges were most interested in learning more about.
[pdf] DHS U and T Visa Law Enforcement Resource Guide Updated November 30, 2015 (+)
Updated November 30, 2015, the Department of Homeland Security published an updated resource guide to clarify and further explain the role of certifying agencies in the U and T visa application process. This guide addresses concerns, answers common questions, and provides accurate information on signing I-918B and I-914B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or prosecutorial authority. The guide provides information on what U and T visas are, discusses U visa qualifying criminal activities and severe forms of trafficking in persons, explains the standard for “helpfulness” and “reasonable request for assistance”, and has many more important tips and information about the U and T visa.
*Empowering Survivors Table of Contents
This 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 sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]
*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] DHS Policies and Safety Planning Flowchart (+)
Flowchart describing safety planning for immigrant survivors and the benefits of initiating the victims immigration case before serving a perpetration in a family law or protection order case. The document also contains a list and links to Department of Homeland Security policies that foster victim protection from immigration enforcement and removal.
[pdf] DHS Policy Memo: Policies for the Apprehension, Detention, and Removal of Undocumented Immigrants (+)
This memo provides department wide guidance to ICE, CBP, and USCIS to clarify current DHS enforcement priorities. It discusses the background of prosecutorial discretion in immigration law and sets out the following civil immigration enforcement priorities: priority 1, threats to national security, border security, and public safety; priority 2, misdemeanants and new immigration violators; priority 3, other immigration violations (including those with a final order of removal except when they qualify for asylum or another form of immigration relief). This memo also discusses detention priorities and identifies those suffering from serious physical or mental illness, who are disabled, elderly, pregnant, or nursing, who demonstrate that they are primary caretakers of children or an infirm person, or whose detention is otherwise not in the public interest, as a low priority for detention.
[pdf] Addressing Immigration in the State Courts (+)
This article presents the initial findings from an ongoing State Justice Institute sponsored effort now being conducted by the Center for Public Policy Studies in cooperation with three learning site trial courts to identify the challenges and opportunities state courts need to address when dealing with immigration in the courts, and subsequently develop effective responses that can be used in trials courts and state court systems across the nation.
[pdf] Sample Affidavit In Support for a Fee Waiver Request from USCIS (Template) (+)
Example of Affidavit in Support of Fee Waiver to USCIS for immigrant victims applying for VAWA self-petition, U visa waiver (I-192), Employment Authorization Document (I-765) and Adjustment of Status (I-485).
Materials on Human Trafficking and State Courts
The HTC Collaborative is dedicated to increasing awareness and understanding about the prevalence of human trafficking in the United States through the Human Trafficking and the State Courts Collaborative website. Establishing an appropriate state court role in addressing the numerous and complicated forms of modern day slavery will be one of the most difficult challenges confronting state courts in the coming decade.
The State Justice Institute provided initial funding to address this challenge, resulting in the formation of the Human Trafficking and the State Courts Collaborative (HTC) in early 2013. The HTC is being coordinated by the following partner agencies: the Center for Public Policy Studies (CPPS), the Center for Court Innovation (CCI), the National Judicial College (NJC), Legal Momentum, the National Association of Women Judges (NAWJ) and the National Council for Juvenile and Family Court Judges (NCJFCJ).
This website is one facet of the ongoing work of the HTC and is designed to provide up-to-date information, reports, statistics, and tools that will help justice system policy makers, practitioners and researchers more effectively address human trafficking issues. We anticipate the materials will prove useful to other individuals, groups and organizations committed to achieving a solution to end the trafficking of persons.
[pdf] Annoucement from USCIS: Issues Guidance for Approved Violence Against Women Act (VAWA) Self Petitioners Ability to Adjust Status (+)
Announcement from USCIS regarding the guidance issued on April 11, 2008, this announcement applies to an Adjustment of Status (Form I-485) application for an approved VAWA self-petitioner who entered the United States without having been inspected and admitted or paroled.
[pdf] Immigration Options for Trafficking Victims (+)
Information on immigration options for trafficking victims and their general requirements, including T and U visas, with example fact patterns.
[pdf] U-Visa Collaboration and Protocols (+)
Fact sheet on U-visa background, requirements, and protocols.
[pdf] Instructions Regarding Approaching Sunset of 245(i) of the Immigration and Nationality Act (+)
Memorandum discussing the amended procedures for section 245(i) cases submitted by self-petitioning battered aliens and aliens readmitted in nonimmigrant H-1B, E, or L status after abandoning a section 245(i) application.
[pdf] Brochure: Call Home (+)
Brochure on reduced cost telephone service for the families of inmates and detainees.
[pdf] Consumer Advisory on Immigration Fraud (+)
Advisory notice from American Immigration Lawyers Association clarifying the new policy of the Obama Administration.
[pdf] Violence Against Women Act of 2000 and the Trafficking Victims Protection Act of 200) in the Victims of Trafficking and Violence Protection Act of 2000 (Full Bill) (+)
Full text of 22 U.S.C. 7101, the Victims of Trafficking and Violence Protection Act of 2000.
[pdf] Building Trusting Relationships: A Guide for Advocates/Attorneys Working With Law Enforcement On U-Visa Certification Issues (+)
A flowchart of options for advocates and attorneys that seek to collaborate with LE on U-Visa certification cases. This flowchart describes how to build a trusting relationship as an advocate or attorney working with law enforcement on u-visa certification issues.
[pdf] Comparing Forms of Immigration Relief for Immigrant Victims of Crime (+)
This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.
[pdf] U Visa Helpfulness Case Scenarios (+)
These scenarios serve as a training tool for police, prosecutors, judges, and other officials to assist in identifying and addressing issues that arise in accessing helpfulness for U visa certification purposes.
[pdf] VAWA “Red Flags” (July 16, 2015) (+)
This “Red Flags” list was developed to help advocates and attorneys who are not immigration experts screen the immigrant victims of domestic violence, sexual assault and human trafficking they are working with to identify potential issues in the client crime victim’s case that would require assistance from an immigration attorney with particular expertise in working on cases of immigrant crime victims. When the factors contained on this list are not present in your client’s case, an advocate or attorney who is not an immigration expert can and should assist immigrant victims in filing for VAWA, T and U visa cases.
[pdf] Comparison Chart of Violence Against Women Act (VAWA) Self-Petitioning, U visa, and Special Immigrant Juvenile Status (SIJS) (2015) (+)
This chart compares forms of crime victim based immigration relief for immigrant children. It covers VAWA self-petitioning for child abuse victims, the U visa for child victims of child abuse, sexual assault and other forms of criminal activity and special immigrant juvenile status available for children who have been abused, abandoned or neglected by one or both of their parents. The chart compares eligibility for immigration relief, the immigration relief process, timing of access to lawful permanent residency and access to public benefits and services among these three forms of immigration relief.
[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (National) (July 8, 2015) (+)
This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses judicial ethics ABA rules and a 2015 Minnesota Advisory Opinion discussing how, when and why judges can sign U visa certifications consistent with judicial ethics rules and canons.
[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (Minnesota) (July 8, 2015) (+)
This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses how, when and why the Minnesota Code of Judicial Conduct permits signing of U visa certifications and the June 26, 2015 Minnesota Board of Judicial Standards Advisory Opinion 2015-2 on this issue.
*Financing college for DACAmented and undocumented students
Can DACAmented or undocumented students receive financial aid? The answer depends on the source of the financial aid funds. Federal: Undocumented students are ineligible for all forms of federal financial aid. State: In a limited number of states (Texas, New Mexico, California, Minnesota, and Washington), undocumented students are eligible to receive state grants and/or scholarships. […]
[pdf] Immigrant Women, Work, and Violence Statistics (2015) (+)
This document collects, reports, and summarizes research findings regarding immigrant women, work, and violence.
[pdf] Defensa Para Mejorar Servicios Para Mujeres Emigrantes E Inmigrantes Maltratadas Que Viven En Comunidades Rurales (+)
Evidence Lists for VAWA self-petitioners in Spanish. Lista en español de documentos necesarios o útiles para un caso de inmigración para una auto-petición de víctima de violencia doméstica o maltrato cruel.
[pdf] Evidence Check List Immigrant Victims Applying for VAWA Cancellation of Removal (+)
Evidence checklist for a VAWA cancellation case. This is not a comprehensive list. In most cases, these documents are not mandatory. However, the more documentation available will strengthen a favorable decision before an immigration judge in a VAWA cancellation case.
applicant to be successful in her application.
[pdf] Chapter 08: Immigration Relief for Child Sexual Assault Survivors (July 10, 2014) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides basic information on various immigration remedies available to child survivors of sexual abuse and/or assault. This chapter will cover: (1) VAWA (“Violence Against Women Act”) self-petitioning; (2) VAWA cancellation of removal and suspension of deportation; (3) Special Immigrant Juvenile status (“SIJ”); (4) U-visas/interim relief; (5) T-visas; and (6) asylum.
[pdf] Revised Guidance for the Child Status Protection Act (CSPA) (July 2004) (+)
This guidance significantly modifies a prior interpretation of certain provisions of the CSPA. In particular, it changes how the agency interprets the statute to apply to aliens who aged out prior to the enactment date of the CSPA. It also permits those individuals who were ineligible under the prior policy to file a new application for permanent residence.
[pdf] Form I-914, Supplement B, Declaration (Certification) of Law Enforcement Officer for Victim of Trafficking in Persons (Januaryy 18, 2017) (+)
This form should be completed by Federal, State, or local enforcement authorities, prosecutors, judges or other government officials for victims applying for T visas under the Victims of Trafficking and Violence Protection Act, Public Law 106-386, as amended.
[pdf] Memorandum on Select Differences Between S. 3061 and H.R. 3887 (+)
The following memorandum analyzes the differences between H.R. 3887, the William Wilberforce Trafficking Victims Protection Act of 2007, as passed by the House on December 4, 2007, and referred to the Senate; and S. 3061, the William Wilberforce Trafficking Victims Protection Act of 2008, as introduced in the Senate on May 22, 2008 by Senators Joseph Biden and Sean Brownback.
[pdf] Markup before the Committee on International Relations, House of Representatives (2005) (+)
Includes topics of: Encouraging the U.S. Government to Actively Support the Democratic Political and Social Forces in Nicaragua; Urging the Secretary to Coordinate with other Governmental Agencies and NGOs in Creating an Online Database of International Exchange Programs and Related Opportunities; Congratulating Israel on the Election of Ambassador Dan Gillerman as Vice-President of the 60th UN General Assembly; Recognizing the Commencement of Ramadan and Commending Muslims for their Faith; and the Trafficking Victims Protection Reauthorization Act of 2005. (H. Con. Res. 252, H. Res. 192, H. Res. 368, H. Res. 472 and H.R. 972.)
[pdf] Approval of Compact of Free Associations Between the Governments of the U.S. and the Federated States of Micronesia and the U.S. and The Republic of the Marshall Islands; Trafficking Victims Protection Reauthorization Act of 2003; and Torture Victims Relief Reauthorization Act of 2003 (+)
Markup before the Committee on International Relations, House of Representatives. H.J. Res. 63, H.R. 2620 and H.R. 1813.
[pdf] INS, Paul Virtue, “Extreme Hardship” and Documentary Requirements Involving Battered Spouses and Children (August 16, 1998) (+)
This INS memorandum discusses the unique factors that will be considered when determining “extreme hardship” and “extreme cruelty”. The memo also discusses the documentary requirements involving battered spouses and children under VAWA’s any credible evidence statutes that apply to battered spouse waiver and all VAWA immigration cases.
[pdf] Violence Against Women Act of 1994 in the Violent Crime Control and Law Enforcement Act of 1994 (Full Bill) (+)
A copy of the Violent Crime Control and Law Enforcement Act of 1994 -Public Law 103-322 [H.R.3355];
Relevant Section: TITLE IV—-VIOLENCE AGAINST WOMEN; Subtitle G—-Protections for Battered Immigrant Women and Children; Sec. 40701—-IMMIGRANT PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND PREFERENCE STATUS.;
Amends Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1))
[pdf] Department of Justice Memorandum: Unlawful Presence As is Applies to Person Granted Deferred Action (+)
this Department of Justice memorandum addressing issues relating to the 3 and 10-year bars to admission under Section 212(a)(9)(B)(i)(I) and (II) of the Immigration and Nationality Act and the decision to designate as a period of stay authorized by the Attorney General the entire period during which an alien has been granted deferred action by the Immigration and Naturalization Service (INS).
[pdf] Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act and Violence Against Women Act of 2000 (+)
Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act (TVPA) and Violence Against Women Act of 2000. The TVPA was designed to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes. The TVPA has the ability to authorize protections for undocumented immigrants who are victims of severe forms of trafficking (T visa).
[pdf] William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (+)
Public Law 110-457; [H.R. 7311] An act to authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measure to combat trafficking in persons, and for other purposes.
[pdf] American Online Dating Association v. Gonzales (+)
Plaintiff challenging the IMBRA and requesting a temporary restraining order prohibiting enforcement of IMBRA sections, which require international marriage brokers to search national and state sex offender registries and collect domestic client information regarding arrests and convictions, restraining orders, marital history, and ages of minor children and requires the disclosure of this information to potential foreign spouses. Court denied Plaintiff’s Motion for a Temporary Restraining Order.
[pdf] European Connections & Tours Inc. v. Gonzales and The Tahirih Justice Center (+)
U.S. District Court for the Northern District of Georgia decision regarding Plaintiff’s (European Connections & Tours) challenge of IMBRA under the First and Fifth Amendments of the Constitution; specifically challenging the portions of the IMBRA statute relating to the disclosure of background information and the definition of International Marriage Brokers. Court dismissed the Plaintiff’s Complaint.
[pdf] Trafficking Victims Protection Reauthorization Act of 2005 (+)
Public Law 109-164: An act to authorize appropriations for fiscal years 2006 and 2007 for the Trafficking Victims Protection Act of 2000, and for other purposes.
[pdf] Trafficking Victims Protection Authorization Act of 2003 (+)
Public Law 108-193; An act to authorize appropriations for fiscal years 2004 and 2005 for the Trafficking Victims Protection Act of 2000, and for other purposes.
[pdf] Automatic Administrative Relief for Aliens Eligible for Nonimmigrant Status (+)
Memorandum discussing automatic Administrative Relief for Aliens Eligible for Nonimmigrant Status under Sections 101 (a)(15)(T) and (U) of the Immigration and Nationality Act and advises field offices on new procedures for handling such cases.
[pdf] AYTES REMOVABLE ALIENS MEMO (JULY 11, 2006) (+)
This memorandum revises guidance to USCIS officers on how to process and prioritize cases in which an “alien” appears to be removable. The memo list USCIS priorities for removal as of when it was issued in July 11, 2006.
[pdf] Advance Questions/Discussion Topics for VSC Meeting (+)
General questions regarding U-visas and VAWA self-petition for Vermont Service Center meeting.
[pdf] Vermont Service Center Stakeholder Conference (+)
Questions and answers from U.S. Citizenship and Immigration Services Vermont Service Center Stakeholder Conference on various topic areas; including G-28, Duplicate Approval Notices, I-751, Student Visas, Temporary Protected Status, H-1B issues, J- waiver issues, etc.
[pdf] USCIS Questions and Answers: Filing T, U, and VAWA Petitions with USCIS (June 30, 2009) (+)
USCIS Questions and Answers: Filing T, U, and VAWA Petitions with USCIS (June 30, 2009).
[pdf] Inquiry Process for T, U, and VAWA Applicants (+)
Questions and answers for the inquiry process for T, U and VAWA Applicants.
[pdf] H.R. 7311 “Trafficking Victims Protection Act of 2000” (+)
Full text of H.R. bill to authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measures to combat trafficking in persons, and for other purposes.
[pdf] Statement by Mr. Berman of California Submitted Under General Leave for H.R. 7311 (+)
Explanatory statement regarding H.R. 7311, the William Wilberforce Trafficking Victims Reauthorization Act of 2008 made by Mr. Berman of California with Mr. Conyers, Chairman of the Committee on the Judiciary.
[pdf] Trafficking in Women and Children in East Asia and Beyond: A Review of U.S. Policy (+)
Transcript of hearing before the Subcommittee on East Asian and Pacific Affairs of the Committee on Foreign Relations, United States Senate.
[pdf] Report on the Operations of the Violence Against Women Act Unit at the USCIS Vermont Service Center (+)
Report to Congress on the operations of the Violence Against Women Act unit at the USCIS Vermont Service Center.
[pdf] How Specially Trained Adjudicators in a Centralized Unit, Rather than Generalists in Local USCIS Offices, Make a Critical Difference in the Quality of Decisionmaking in VAWA Cases (+)
This backgrounder explains the current process and summarizes those survey results, reflecting the experience of legal advocates with the VAWA interviews that are already conducted at local USCIS offices. The survey results indicate that many local offices are poorly equipped to handle VAWA cases, with advocates often giving low marks on both knowledge of the law and sensitivity to victims. Giving local offices any additional interview or adjudication responsibilities in VAWA cases, as the proposals had suggested, simply did not make sense – for victims, or the system – and defied decades of lessons learned and best practices in the domestic violence field about the critical importance of specialized training.
[pdf] Improving the Vermont Service Center VAWA Unit Staffing (+)
NIWAP memorandum to DHS on the importance of specialized units within the Vermont Service Center and strategies to improve performance, practices, and staffing.
[pdf] How Training and Expertise Improve VAWA Immigration Case Processing: The Efficacy and Legislative History of the Specialized VAWA Unit (+)
In passing the Violence Against Women Act and including immigration protections in it, Congress sought to create a mechanism through which U.S. immigration laws could offer help to immigrant victims of domestic violence, sexual assault, human trafficking, and other crimes. Spousal abuse consists of chronic violence and is characterized by persistent intimidation and repeated physical and psychological harm. Absent intervention, it is almost guaranteed that the same woman will be assaulted over and over by her mate. Studies indicate that the repeated violence escalates in severity over time and knowledge of this fact is the foremost reason women stay with their batterers.
[pdf] INS Implements Direct Mail of Form 1-360 for Self-Petitioning Battered Spouses and Children (+)
To ensure appropriate and expeditious handling of all self-petitions filed by battered spouses and children, the Immigration and Naturalization Service (INS) has implemented new centralized filing procedures. Under the new procedures – which were published in the Federal Register on April 7, 1997 – applicants now should mail their applications to the Vermont Service Center.
[pdf] Human Trafficking: Mail Order Bride Abuses (+)
Hearing before the Subcommittee on East Asian & Pacific Affairs of the Committee on Foreign Relations United States Senate.
[pdf] Legal Options to Stop Human Trafficking (+)
Hearing before the Subcommittee on Human Rights and the Law of the Committee on the Judiciary, United States Senate.
[pdf] A Letter to Grace Carswell of Immigration and Naturalization Services (+)
A Letter to Grace Carswell, Director of Immigration and Naturalization Services regarding the Vermont Service Center’s use of specialized personnel in the VAWA unit.
[pdf] Announcement of DHS Transfer of All U Visa Adjudications to the VAWA Unit of the Vermont Service Center (+)
Statement of Senator Patrick Leahy, Ranking Member, Senate Judiciary Committee Subcommittee on Crime, Corrections, and Victims’ Rights Hearing on “Alien Smuggling/Human Trafficking: Sending a Meaningful Message of Deterrence.”
[pdf] A Letter to Michael Aytes of U.S. Citizenship and Immigration Services (+)
A Letter to Michael Aytes of U.S. Citizenship and Immigration Services from Gail Pendleton, CO-Director, ASISTA Immigration Assistance regarding the failings of the current VAWA sytem within USCIS from an immigration law perspective.
[pdf] A letter to Alexander Aleinikoff (INS) Regarding I-130 Interviews Involving Abused Spouses (+)
A letter to Alexander Aleinikoff of Immigration and Naturalization Services from Leslye Orloff, Director of Program Development, AYUDA regarding petition adjudication problems encountered by battered women who have pending I-130 cases, but whose abusive spouses fail to appear at the adjustment interview.
[pdf] Justice for Sexual Assault Victims: Using DNA Evidence to Combat Crime (+)
Transcript of hearing before the Subcommittee on Crime & Drugs of the Committee on the Judiciary documenting statements from senate committee members regarding introduction of new legislation to protect victims of sexual assault.
[pdf] Foreign Government Complicity in Human Trafficking: A Review of the State Department’s “2002 Trafficking in Persons Report” (+)
Transcript of hearing before the House of Representatives Committee on International Relations.
[pdf] The DNA Sexual Assault Justice Act of 2002 (+)
Report on a bill introduced to assess the extent of the backlog in DNA analysis of rape kit samples, and to improve investigation and prosecution of sexual assault cases with DNA evidence.
[pdf] VAWA Unit Legislative History 2003 Appropriations Bill (+)
Congressional Record from February 12, 2003 House of Representatives at page H885 expressing support for case processing at the VAWA Unit
[pdf] USCIS Response to National Network Letter Regarding VAWA Unit Operations (+)
USCIS Letter to the National Network to End Violence Against Immigrant Women from the U.S. Department of Justice Immigration and Naturalization Service regarding failings within the USCIS VAWA unit.
[pdf] Combating Human Trafficking: Achieving Zero Tolerance (+)
Hearing before the Subcommittee on Africa, Global Human Rights & International Operations of the Committee on International Relations, House of Representatives.
[pdf] Letter from Alex Aleinikoff (INS) fo Leslye Orloff (Ayuda) Regarding VAWA Self-Petitioning Cases (+)
Letter in response to Leslye Orloff, Director of Programs at Ayuda, INC from the U.S. Department of Justice Immigration and Naturalization Service discussing creating of the VAWA Unit and VAWA cases processing and the interrelationship with I-130 family based visa processing.
[pdf] DOJ Memorandum on the Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996) (+)
DOJ Memorandum on the Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996). This memo details the basic eligibility requirements for VAWA self-petitioning, adjustment of status, employment authorization, evidence in general, extreme hardship and battery and extreme cruelty. HQ 204-P
[pdf] Improving the Process for Victims of Human Trafficking and Certain Criminal Activity: The T and U Visa (+)
The Citizenship and Immigration Services Ombudsman provides independent analysis of problems encountered by individuals and employers interacting with U.S. Citizenship and Immigration Services and proposes changes to mitigate those problems.
[pdf] Combating Modern Slavery: Reauthorization of Anti-Trafficking Programs (+)
Transcript of hearing before the Committee on the Judiciary, House of Representatives.
[pdf] Violence Against Women Act (VAWA) Board of Immigration Appeals Adjudications: A Call for Consistency and for Adjudications That Reflect VAWA’s Legislative Purpose and the Courts Best Practices in the Handling of Domestic Violence Adjudications (+)
NIWAP report to the Board of Immigration Appeals documenting the extent to which immigration judges and members of Board of Immigration Appeals and their staff need training on the dynamics of domestic violence (battering or extreme cruelty). Enhanced understanding battering or extreme cruelty experienced by immigrant victims of spouse or child abuse who are married to or the child of U.S. citizens or lawful permanent residents will improve outcomes for VAWA cancellation of removal and suspension of deportation applicants furthering the goals of VAWA. This report urges creation of a specialized panel at the BIA that receive specialized training and be charged with BIA review of VAWA cancellation of removal and suspension of deportation cases.
[pdf] Federal Register: New Classification for Victims of Severe Forms of Trafficking in Persons (+)
This rule is intended to assist all concerned Federal officials, including, but not limited to, officials of the Immigration and Naturalization Service (Service), and eligible applicants, in implementing provisions of section 107(e) of the Trafficking Victims Protection Act of 2000 (TVPA).
[pdf] Extreme Hardship in VAWA Cancellation of Removal and VAWA Suspension of Deportation Cases (+)
Reference guide on the factors to show extreme hardship in respect to VAWA cancellation of removal.
[pdf] Understanding and Applying the Violence Against Women Act (+)
Presentation on applying the Violence Against Women Act to cancellation of removal and suspension of deportation and the substantive requirements.
[pdf] Memorandum Regarding Deferred Action for Aliens with Bona Fide Applications for T Nonimmigrant Status (+)
Memorandum outlining changes in Immigration and Naturalization Service (INS) procedures for deferred action determinations on behalf of victims of severe forms of trafficking whose applications for T nonimmigrant status have been determined to be bona fide but are still awaiting final adjudication by the Vermont Service Center (VSC).
[pdf] Brochure: Immigration Remedies for Trafficking Victims (+)
What is trafficking in persons? What federal laws prohibit trafficking in persons? Is there any immigration relief available for victims of severe forms of trafficking who lack Immigration status in the Unites States? What is a T nonimmigrant visa and who can apply for one? What is a U nonimmigrant visa and who can apply for one?
[pdf] USCIS T and U Visa Adjustment Rule Factsheet (December 12, 2008) (+)
Adjustment of status to lawful permanent residence for aliens in T or U Nonimmigrant status regulations.
[pdf] Analysis of the ‘Trafficking Victims Protection and Reauthorization Act of 2008’ (+)
Analysis of Selected Sections (§§ 105, 201, 204, 205, 211, 212, 238) regarding increased effectiveness of anti-trafficking programs, protecting victims against retaliation, expansion and extension of T and U visas, etc.
[pdf] A U-Visa Factsheet for Advocates (+)
A fact sheet that answers frequently asked questions about U-Visas.
[pdf] Finding Victims of Human Trafficking (+)
NORC Final Report responding to a congressional mandate to (1) identify victims and potential victims of domestic trafficking; (2) determine whether victims have been identified as such by law enforcement; and (3) explore differences between sex trafficking and unlawful commercial sex. It examines human trafficking experiences
among a random sample of 60 counties across the United States.
[pdf] Evidence Checklist for Immigrant Victims Applying for the Crime Victim Visa (+)
Under the Victims of Trafficking and Violence Protection Act of 2000 (“VTVPA”), battered noncitizens and other crime victims may be eligible for a nonimmigrant visa, the U Visa. This form of relief, if granted, gives the applicant immediate legal status as a nonimmigrant and possible lawful permanent residence in the long-term. The following is a list of the requirements that must be met by an applicant, and some suggestions of evidence that may be offered to meet each requirement. Additionally, the Department of Homeland Security (DHS) is required to consider “any credible evidence” in its adjudication of an applicant’s case. The suggested evidentiary documents in this memo are meant to be guidelines, and not exhaustive descriptions of the types of evidence that may be offered to support an application under the U Visa.
[pdf] Fact Sheet on State Anti-Trafficking Laws from US PACT [Policy Advocacy to Combat Trafficking] (+)
The following summary of all state laws addressing trafficking in persons is current as of January 1, 2010.