The following article provides an up-to-date list of VAWA statutory provisions for which no implementing regulations or policies have been issued. This list is followed by a consequent list of VAWA and Trafficking Victim
Protection Act (TVPA) regulations that were overruled by statute. This report ends with a list of
current regulations that do not reflect expansions of VAWA or TVPA protections that became
law subsequent to the issuance of the regulations.
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] Immigration Relief for Victims of Human Trafficking and Other Crimes (Continued Presence, T and U Visas) (+)
Information for law enforcement officials on immigration relief for victims of human trafficking and other crimes. This document contains information about the forms of immigration relief and the distinct roles that HSI, USCIS, and law enforcement officials play in assisting victims.
[pdf] Blue Card: Screening Tool for Victims Who Qualify for Immigration Protective Relief (March 2, 2018) (+)
Questions for eligibility for protective relief under VAWA, Battered Spouse Waiver, T Visa, and U Visas, as well as information on language access.
[pdf] Deferred Action for VAWA Self-Petitioners (+)
This paper proposes factors USCIS should consider using as it updates its deferred action policies and/or VAWA self-petitioning regulations with regard to granting deferred action to VAWA self-petitioners and any children or parents included in the VAWA self-petition. Since immigrant children and parents included in their parent’s or child’s self-petitions are considered self-petitioners, derivative children and parents included in VAWA self-petitions should receive deferred action status at the same time deferred action is granted to the battered immigrant filing the VAWA self-petition. No additional filing should be required.
[pdf] Deferred Action for Childhood Arrivals: How is it Helpful for Immigrant Crime and Violence Survivors? (+)
This tool discusses the importance of screening Deferred Action for Child Arrivals eligible and recipient children for histories of domestic violence, sexual assault, child abuse, abandonment or neglect, human trafficking, or other forms of crime victimization the DACA child or one of their parents may have suffered. There are several forms of crime victim related immigration relief – U visas, T visas, SIJS and VAWA – that include a path to lawful permanent residency that DACA children may also qualify for that include a path to lawful permanent residency.
[pdf] Legal Services Corporation: Program Letter 14-3 (+)
LSC issued a Program Letter to provide guidance to recipients in light of the recent influx of non-citizens into the United States from Central America on when children are eligible for representation by an LSC funded legal services program under LSC’s Anti-abuse regulations.
[pdf] Chapter 12: Sexual Assault Survivors and Gender-Based Asylum (+)
This chapter is designed to help advocates and attorneys not trained in immigration law identify when a survivor might be eligible for gender-based asylum and explain how to help a survivor develop the evidentiary record necessary to succeed in bringing a gender-based asylum claim.
[pdf] Chapter 09: VAWA Cancellation of Removal (+)
This chapter provides basic information on VAWA cancellation of removal, lists the eligibility requirements that must be met by an applicant, and provides some suggested examples of evidence that an attorney or advocate may offer to meet each requirement. This chapter is designed to help advocates and attorneys who are not immigration attorneys identify immigrant victims who may be eligible for cancellation of removal. The information provided will also be useful to immigration attorneys who may not have experience with domestic violence, sexual assault, or incest cases. This chapter will help them to work in collaboration with advocates and other attorneys assisting immigrant victims. The most successful cancellation of removal cases are those in which advocates and civil attorneys support the efforts of the immigration attorney.
[pdf] Chapter 11: Human Trafficking and the T-Visa (July 10, 2014) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Chapter focuses on human trafficking and addresses the Victims of Trafficking and the Violence Protection Act, T-Visas, Eligibility Requirements, Definition of key terms, and practice pointers.
[pdf] Special Immigrant Juvenile Status: Information for Child Welfare Workers (+)
Information for child welfare workers in regards to the Special Immigrant Juvenile Status (SIJS).
[pdf] Special Immigrant Juvenile Status: Information for Juvenile Courts (+)
General information regarding eligibility, the role of juvenile courts in relation to Special Immigrant Juvenile Status (SIJS), and other helpful tips.
[pdf] Chapter 03.5: Additional Remedies Under VAWA: Battered Spouse Waiver (+)
This chapter provides an overview of conditional residence and explains the process involved in attaining and removal of that status. The chapter details the different waivers to the joint petition, specifically the Battered Spouse Waiver, that were created by the Immigration Act of 1990. The chapter also provides guidance on how to spot potential Battered Spouse Waiver applicants and how to effectively prepare a Battered Spouse Waiver.
[pdf] Chapter 13: When Foreign Students or Their Family Members Are Sexually Assaulted: Immigration Implications of the Student and Exchange Visitor System (July 1, 2014) (+)
This chapter focuses on recent changes in the foreign student visa system and explores how these changes affect the way academic institutions interact with sexual assault survivors who happen to be foreign students or family members of foreign students. Likewise, this chapter provides an overview for advocates and attorneys of immigration relief available to immigrant victims of sexual assault and domestic violence.
[pdf] Chapter 03.7: Domestic Violence and Sexual Assault Survivors and Gender-Based Asylum (+)
This chapter is designed to help advocates and attorneys not trained in immigration law identify when a survivor might be eligible for gender-based asylum and explain how to help a survivor develop the evidentiary record necessary to succeed in bringing a gender-based asylum claim. Survivors of domestic violence and sexual assault who fear returning to their home country may be able to obtain lawful status in the United States by applying for gender-based asylum. If an applicant is successful in her application for asylum, she will be authorized to live and work in this country; subsequently apply to become a lawful permanent resident; and eventually become a U.S. citizen.
[pdf] Immigrant Victims in the Justice System (+)
Flow chart illustrating the importance of providing support for immigrant victims seeking help from the justice system and the many different types of justice system cases immigrant victims encounter as they turn to the justice system for help. The systems immigrant and LEP victims need support navigating include: immigration, domestic violence/ arrest incident, family court, benefits, and protection orders (civil court process).
[pdf] How to Get a Detained Person to Court for Family Court Cases Involving Children and/or Criminal Proceedings (+)
This handout will provide best practices for judges, attorneys, and advocates on how to secure the attendance, in court proceedings, of immigrants who are being detained by the U.S. Department of Homeland Security (DHS) so that immigrants can participate in family court proceedings involving their children and in criminal court proceedings.
[pdf] VAWAvSIJS_7.10.15-SJI-Update-v2_TC (+)
A comparison chart of VAWA and Special Immigrant Juvenile Status (SIJS).
[pdf] Comparison Chart of U Visa, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA) (+)
A comparison chart of U Visa, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA).
[pdf] Comparison Chart of U and T Visas (+)
A comparison chart of U and T visa eligibility, benefits, and process.
[pdf] VAWA Self-Petitioner Victim Benefits Under the Affordable Care Act (ACA) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. The ACA created two categories of immigrants: those are who are “lawfully present” and those who are not. VAWA self-petitioners are included in the category of “lawfully present” and are therefore subject to the individual mandate and eligible to purchase insurance on the exchanges if they do not qualify for an income exemption.
[pdf] U-Visa Victim Benefits Under the Affordable Care Act (ACA) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Similar to other public benefits, there is no one-size-fits-all rule as to when immigrant victims qualify for subsidies and for what health care benefits may be covered by subsidies. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. Lawfully present U-Visa victims are subject to the individual mandate, unless they meet the low-income exception, and are eligible to purchase insurance on the exchanges. In the vast majority of states, lawfully present U-Visa victims do not receive health care subsidies and when subsidies are offered they are generally only for prenatal and child health care.
[pdf] Trafficking Victim Benefits Under the Affordable Care Act (ACA) (June 18, 2014) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Trafficking victims who are granted continued presence and trafficking victims who file for and receive T-visas have greater access to a full range of subsidized health care benefits than any other group of immigrant crime victims. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits.
[pdf] Court Rulings Confirm Federal VAWA Confidentiality Protections Bar Discovery of VAWA Confidentiality Protected Information in State Family Court Proceedings (+)
This factsheet provides an introduction to VAWA confidentiality, an overview of the decisions in Hawke v. United States Department of Homeland Security and Demaj v. Sakaj, and implications of the Hawke and Demaj decisions in state family court cases.
[pdf] Immigration Relief for Abused Children (Courts) (+)
A brochure of information for juvenile court judges, child welfare workers, and others working with abused children.
[pdf] Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (July 23, 2015) (+)
This brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.
[pdf] Detained or Deported: What About My Children? What to do if You Can’t Be With Them (+)
This guide describes the child welfare system in great detail. If you do not know what a word or term means, see the Glossary. You may need to read certain sections in this guide several times in order to understand and you may also need to ask someone else for help.
[pdf] Adult Protective Services Administration by State (+)
List of adult protective services administration by state.
[pdf] U-Visa Legal Advocacy: Overview of Effective Policies and Practices (December 12, 2013) (+)
This policy brief provides an overview of successful collaborations that lead to improved access to U visa certification for immigrant crime victims. A review of the experiences reported by grantee organizations of the Legal Assistance for Victims (LAV) Program, administered by the Office on Violence Against Women (OVW) found that successful collaborations with law enforcement agencies that grantees built over time, working on a range of domestic violence and sexual assault issue, led to more positive outcomes for immigrant survivors seeking U visa collaborations. This policy brief contains illustrations and recommendations for best practices for building sustainable collaborations that benefit law enforcement, immigrant victims, advocates, attorneys and the communities.
[pdf] Effects of Arizona v. U.S. on the Validity of State Immigrant Laws (+)
Summary of the effects of Supreme Court decision on Arizona state law cutting access to programs, benefits, and services to non-citizens, which were challenge don the grounds that the state could not enact laws that regulated an area that has traditionally been regulated by the Federal Government.
[pdf] Good Moral Character: Assessment Tool (October 15, 2013) (+)
This article is a Good Moral Character assessment tool. Federal immigration law provides that an immigrant must be of good moral character to be eligible for several forms of immigration relief including: VAWA self-petitioning, VAWA cancellation of removal, naturalization and cancellation of removal. This tool lists factors that if present in a case impede the immigrant’s ability to demonstrate good moral character.
[pdf] Bench Card for State Court Judges on Common Issues that Arise From Parties’ Immigration Status: Economic Remedies (March 10, 2022) (+)
This bench card provides information for state court judges on issues unique to immigrants, such as: eligibility to work, eligibility to receive benefits and services, the impact of Individual Tax Identification Numbers (ITINs) and use of immigration affidavits of support in family and juvenile court proceedings and mandatory detention. The purpose of this bench card is to provide a quick reference and to help judges identify immigration issues that might affect the range of outcomes available in cases before them. The information contained in this bench card provides accurate information on work authorization, benefits access, assurances made to the Department of Homeland Security (DHS) regarding support of family members, and information about immigrants who will be paying taxes and be able to submit tax returns to the court.
[pdf] Immigrant Crime Victims Legal Bibliography (+)
Bibliography of legal journal articles and legal publications related to the legal rights of immigrant victims of domestic violence, sexual assault and human trafficking through 2013.
[pdf] Department of Homeland Security Policy Answers to Law Enforcement Reasons for Not Certifying (+)
This document presents a list of many questions frequently asked by government agencies considering U visa certification. For each of the often reported reasons that agencies provide for not certifying the documents lists provides correct information in response to that question based on citations to information from published DHS policies, publications, regulations, regulatory history, statutes, roll call videos and training materials.
[pdf] Arizona State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)
The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.
[pdf] Alabama State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)
The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.
[pdf] South Carolina State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)
The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.
[pdf] Indiana State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)
The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.
[pdf] Georgia State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)
This chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.
[pdf] Utah State Immigration Legislation: Tips for Law Enforcement and Advocates Working With Immigrant Crime Victims (+)
The following chart summarizes the status of each provision. For the provisions of the legislation that remain in effect, this chart provides implementation suggestions for law enforcement and safety planning strategies for victim advocates and attorneys working with immigrant victims of domestic violence, sexual assault, human trafficking and other immigrant crime victims. The goal is to identify measures that help ensure that immigrant victims of criminal activity continue to have access to assistance from the justice, health care, and social services systems that are to be open as a matter of federal law and state domestic violence, sexual assault and anti-human trafficking laws to all victims without regard to their immigration status.
[pdf] Table on State Immigration Laws Summarizing Status of Court Rulings on Validity (+)
A chart on state immigration laws summarizing status of court rulings on validity from Supreme Court, the 11th Circuit, the South Carolina District Court, and District Court of Utah.
[pdf] Facilitating Parental Interests in the Course of Civil Immigration Enforcement Activities (August 23, 2013)(Superseded by ICE Detained Parents Directive 2017) (+)
ICE Directive complementing and building upon policy memoranda and enforcement priorities to clarify ICE policy and procedure with regard to the placement, monitoring, accommodation, and removal of immigrant parents of children living in the United States, parents and legal guardians involved in family court proceedings involving children, and parents or legal guardians who have minor US citizen children. Superseded by ICE Detained Parent Directive (2017)
[pdf] Chapter 04: The U-Visa Remedy for Immigrant Victims of Sexual Assault and the Need For Multidimensional Collaboration (+)
This chapter offers a brief analysis of the dimensions and intersections of collaborations needed to most successfully assist an immigrant survivor with the U visa remedy. Although the U visa remedy is available to immigrant victims of enumerated crimes of violence, the focus of this chapter is on building the types of collaborations that are effective in cases of immigrant victims of sexual assault, sexual violence, and abusive sexual conduct.
[pdf] Chapter 03.1: Introduction to Immigration Relief for Immigrant Victims of Domestic Violence and Sexual Assault and Glossary of Terms (+)
An overview of immigration options for immigrant victims of sexual assault and domestic violence, options related primarily to crime victimization, information on VAWA immigration relief, and a glossary of terms.
To understand immigration law, it is crucial for an attorney or advocate to understand the most commonly used terminology. The following brief descriptions of terms are relevant to assisting battered immigrants.
[pdf] Chapter 17: Access to Health Care for Immigrant Victims of Sexual Assault (July 10, 2013) (+)
Chapter 17 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter describes the range of services an immigrant victim of sexual assault can access through different programs and services of the health care system. The Health Care Charts contain state-by-state information that helps victims and their advocates identify what health services immigrant victims can access, depending on the State they live in and their immigration status. This chapter discusses how health care access grows as an immigrant victim files for and receives immigration benefits, health care options for undocumented victims, access to health care exchanges for immigrant survivors, which forms of immigration relief bring greatest access to health care, and survivors and their children who may be eligible for health care subsidies under state options and federal law.
[pdf] Chapter 04.3: Barriers to Accessing Services: The Importance of Advocates Accompanying Battered Immigrants Applying for Public Benefits (+)
This chapter discusses the different barriers which immigrants may encounter with regard to accessing services. It discusses the impact of Welfare Reform on immigrant families. This chapter also includes a policy guidance issued by the Department of Health and Human Services, regarding handling questions on citizenship, immigration status, and social security numbers during the benefits application process, as well as facilitating access to public benefits for persons with limited English proficiency (LEP). Other topics included in this chapter are Medicaid and SCHIP, food stamps, and Temporary Assistance to Needy Families (TANF).
[pdf] Chapter 04.1: Access to Programs and Services that Can Help Battered Immigrants (+)
This chapter highlights several important types of assistance that nonprofit organizations serving immigrant victims of domestic violence may provide and discusses the requirements that service providers must meet when working with battered immigrant populations. Specifically, the chapter describes shelter services, victim compensation, legal assistance, and other types of federal benefits that organizations may provide to battered immigrants. Next, it discusses federal laws prohibiting service providers from discriminating on the basis of national origin and requiring them to provide services without regard to immigration status when necessary to protect the life and safety of a victim.
[pdf] Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault (+)
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, immigration, public benefits, social services, language access legal services and criminal laws in the United States. The goal is to help provide resources, assistance, and support to help immigrant victims of sexual violence and sexual harassment recover, heal, and rebuild their lives. The chapter and tools included in this manual may also be useful to advocates, attorneys, and social services professionals working with immigrant victims of domestic violence, stalking, and human trafficking.
[pdf] Breaking Barriers: A Complete Guide to Legal Rights and Resources for Battered Immigrants (+)
Breaking Barriers is a comprehensive tool 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 access a broad range of victim services without regard to immigration status of the immigrant crime victim or their children. Breaking Barriers provides social science research findings, information about laws, policies and best practices, legislative history, tools and checklists that will help professionals working with immigrant survivors navigate intersecting legal and social services options that are legally available to assist all immigrant victims including those who are undocumented.
[pdf] Advocate’s Guide to Immigrant Survivors’ Rights and Protections (February 23, 2015) (+)
A guide for advocates and attorneys on immigrant survivors rights if they become the subject of immigration enforcement. This tool helps advocates providing advise to immigrant victims of domestic violence and sexual assault about steps both the immigrant crime victim and the advocate/attorney should take should the victim become the subject of an immigration enforcement action.
Law Enforcement, Prosecutor and T and U Visa Certifier Training Materials
Most of the documents in this section and the trainings provided to law enforcement and prosecutors listed at the end of this section were supported by grants from the Office on Violence Against Women, The Bureau of Justice Assistance and/or the Training and Technical Assistance Center of the Office of Victims of Crime of the […]
[pdf] SEXUAL VIOLENCE IN THE WORKPLACE: CASE STORIES (+)
Presents case stories on sexual violence in the workplace
[pdf] Immigrant and Limited English Proficient Victims’ Access to the Criminal Justice System: The Importance of Collaboration (April 30, 2013) (+)
Fact Sheet highlighting findings from a national survey NIWAP conducted documenting immigrant crime victims’ experiences when they called the police for help in domestic violence, sexual assault and human trafficking cases. The findings provide data on the use of qualified interpreters at crime scenes by police and law enforcement barriers to U visa certification. In communities where established collaborative relationships between law enforcement and victim advocates and attorneys existed, law enforcement was significantly more likely to sign U visa certifications and more likely to provide language assess for limited English proficient crime victims at crime scenes.
[pdf] Bench Card: VAWA Immigration and Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation, and Battered Spouse Waiver Applicants (December 31, 2021) (+)
This Bench Card contains information on the VAWA public benefits eligibility process, including the following: immigration status qualification requirements, VAWA cancellation of removal and suspension of deportation, battered spouse waiver, and how to become a “qualified immigrant” who is eligible to receive federal and state public benefits.
[pdf] Bench Card Trafficking Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)
This Benchcard discusses the qualifications for Continued Presence status, how to apply for and obtain Office of Refugee and Resettlement benefits eligibility based on Continued Presence, qualifications for T-Visa status, how to apply for a T-Visa, and how to receive benefits after receiving Continued Presence status or a T-Visa. It also outlines the federal and state public benefits and other government-funded programs available to trafficking victims as well as the eligibility period.
[pdf] Immigrant Crime Victim Child Care Access Chart (+)
This chart details the TANF-funded child care options available to immigrants, broken down by state and by immigration status, as well as the eligibility requirements of the Child Care Development Fund (CCDF).
[pdf] ICE Expands Community and Detainee Helpline (+)
Announcement of U.S. Immigration and Customs Enforcement (ICE) of extension of operating hours of the ICE Community and Detainee Helpline. The helpline provides direct channel for ICE detainees, their lawyers and advocates, nongovernmental organizations, and the general public to directly engage the ICE Office of the Public Advocate to answer questions and resolve concerns.
[pdf] Fact Sheet: Impact of Arizona v. United States and Georgia Latino Alliance for Human Rights v. Governor of Georgia on Georgia’s Immigration Law (+)
Fact Sheet discussing the impact of Arizona v. United States and 11th Judicial Federal Court of Appeals Rulings regarding the constitutionality of Georgia’s State Immigration Law.
[pdf] Federal Preemption of State Laws That Attempt to Restrict Immigrant Access to Services Necessary to Protect Life and Safety (2013) (+)
Although the power to regulate immigration and enact immigration laws rests exclusively with the federal government, some state laws and local ordinances have been enacted to involve state and local officials in immigration enforcement and to cut off access to programs, benefits, and services to non-citizens including undocumented immigrants. This article discusses federal preemption of state laws that attempt to restrict immigrant access to services that have been deemed by the Attorney General of the United States to be necessary for the protection of life and safety.
[pdf] VAWA Suspension of Deportattion Statute Violence Against Women Act 1994, 2000, and 2005 Amendments (+)
Immigration and Naturalization Act of 1994, as amended.
[pdf] Flowchart of Access to Federal and State Public Benefits for Victims of Human Trafficking (+)
This is a flowchart regarding access to federal and state public benefits for victims of human trafficking, including services necessary to protect life and safety.
[pdf] Flowchart on Access to Federal and State Public Benefits for Battered Immigrant Spouses and Children of U.S. Citizens or Lawful Permanent Residents (+)
This is a flowchart pertaining to abused family members’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] Flowchart on Access to Federal and State Public Benefits For U-Visa Victims (+)
This is a flowchart on U-Visa victims’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] Human Trafficking and Sexual Assault: Case Studies (+)
Human Trafficking and Sexual Assault: Case Studies
[pdf] VAWA Self-Petitioning Eligibility Flow Chart for Elder Abuse Survivors (+)
Screening tool for VAWA self-petitioning eligibility for abused elders and vulnerable or disabled adults.
[pdf] Social Science Research Documents the Need for VAWA Self-Petitions and U-Visas (+)
This report presents important research-based information about how and why VAWA’s immigration protections, self-petitioning, U and T-visas, and VAWA protections from deportation are essential to protect immigrant victims of domestic violence, rape, sexual assault, human trafficking, and other violent crimes suffered by non-citizen women and children in the United States.
[pdf] The Importance of the U-visa as a Crime-Fighting Tool for Law Enforcement Officials (December 3, 2012) (+)
The U-visa has become an important crime fighting tool that helps law enforcement officials, including police, sheriffs, and prosecutors across the country to build trust with immigrant crime victims and their communities. In this report, law enforcement officials describe the ways in which the U-visa has helped them in detecting, investigating, and prosecuting crime in their communities. (December 13, 2012).
[pdf] Immigration Protection Screening Checklist: Special Immigrant Juvenile Status (June 13, 2015) (+)
A checklist for immigration protection screening for special immigrant juvenile status.
[pdf] Family Law Toolkit: Detention and Termination of Parental Rights (+)
A comprehensive manual covering topics, such as: attorney guide for victim parents at risk of detention, fact sheet on State v. Maria L., Nebraska Supreme Court ruling, explanation and power of attorney designation instructions, appointment of temporary guardian of child (one parent and two parents), motion to dismiss for inadequate service of process, motion to appear telephonically, motion and memo opposing TPR, TPR trial brief template, protecting assets and child custody in the face of deportation, and how children move through the child welfare system.
[pdf] 20 Common Questions on DACA (+)
20 Common Questions on DACA
[pdf] U-Visa Victims and Lawful Permanent Residency (2012) (+)
This survey examined the extent to which U visa recipients were eligible for and pursued lawful permanent residency and found that U visa victims were providing cooperation with law enforcement at high rates and were also able to demonstrate the humanitarian need, public interest or family unity required to receive U visa based lawful permanent residency status.
[pdf] Toolkit on Deferred Action for Childhood Arrivals (+)
This guide contains comprehensive information to help potential applicants and licensed attorneys navigate the application and renewal process for both 2012 “Deferred Action for Childhood Arrivals” and employment authorization. For example, the guide provides answers to some of the most frequently asked questions raised by DREAMers to date, including how to correctly file for “Deferred Action for Childhood Arrivals” and whether a driver’s license is possible after getting the 2012
deferred action.
[pdf] Stories from the Field (+)
This collection of stories was developed to illustrate the harms to immigrant victims of domestic violence and sexual assault that would occur if proposed changes in the immigration protections offered under VAWA and U visa immigration relief were rolled back. Provisions in the House VAWA Reauthorization of 2012 proposed to make significant changes to the U visa program that would cut off U visa access for many victims, would end U visa lawful permanent residency protections, and would impose case processing changes that would endanger victim safety. This storybook contributed to President Obama issuing a veto threat of legal protections currently available in law were rolled back in VAWA 2013 for any victims. The stories illustrate how victims will be harmed if access to lawful permanent residency for u visa victims is denied; why U visa holders need lawful permanent residency, U visa case benefits for victim safety and law enforcement even when no criminal case is opened or pursued; and Perpetrator Interference With Victim Access to VAWA Immigration Relief.
[pdf] U Visa Law Enforcement Certification Resource Guide (+)
Department of Homeland Security resource guide clarifies and explains the role of certifying agencies in the U visa application process. This guide was published by DHS to provide accurate information on signing I-918B 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 proprietorial authority. The guide provides information about what a U visa is, how law enforcement and government agencies have a special role in certification, tips on filling out the form, and contains answers to frequently asked questions.
[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] National Survey on Types of Criminal Activities: Experienced By U-Visa Recipients (November 29, 2011) (+)
Results from a national survey of 220 legal services, pro bono law firms, advocates, law school clinical programs and others providing help to immigrant victims who have been granted U-visa immigration relief by DHS. The goal of this survey was to obtain provide a picture of the types of criminal activities suffered by immigrant crime victims receiving U-visas.
[pdf] How Law Enforcement Is Using the U-Visa: Practice Brief (+)
Law enforcement agencies increasingly recognize the value of the U-visa (officially known as “U” nonimmigrant status) as a community-policing and crime-fighting tool. This type of visa provides temporary legal status to immigrant crime victims in the United States who are helpful to law enforcement. Since 2009, Vera’s Center on Immigration and Justice and the nonprofit organization Legal Momentum have worked together as the National Immigrant Victims’ Access to Justice Partnership and have trained personnel from dozens of law enforcement agencies on how to use the U-visa. This brief describes current practice, including common obstacles for law enforcement and benefits of using the tool, to encourage more effective use of the U-visa.
[pdf] Q and A: Immigration Relief for Victims of Human Trafficking and Other Crimes (+)
This Q and A was developed by the U.S. Citizenship and Immigration Services and the DHS Blue Campaign to assist law enforcement officials (e.g. police, prosecutors, child or adult protective services) in U-visa certification and T visa endorsement. Information includes frequently asked questions on immigration relief for victims for human trafficking and other crimes. The Department of Homeland Security (DHS) is responsible for administering immigration benefits to victims of human trafficking and other serious crimes, in addition to upholding U.S. immigration law. U.S. Citizenship and Immigration Services (USCIS) adjudicates T and U visas, which help protect immigrant victims of human trafficking and other crimes.
[pdf] National Survey on Timing of Access to Work Authorization by Immigrant Victim VAWA Self-Petitioners and U-Visa Applicants (September 28, 2011) (+)
Legal Momentum conducted a nationwide survey of attorneys and advocates assisting immigrant victims who are filing U-visa applications and VAWA self-petitions. Collected data provides information on the duration of time between filing and receipt of work authorization for a total of 2407 VAWA self-petitioners and U-visa applicants.
[pdf] Continued Eligibility to File for Child VAWA Self-Petitioners After Attaining Age 21 (+)
Memorandum providing guidance to USCIS officers regarding an amendment to the INA that provides for continued eligibility for certain individuals to file a VAWA self-petition as a child after attaining age 21, but before attaining age 25, effective immediately and in advance of regulatory amendments.
[pdf] Eligibility to Self-Petition as a Battered or Abused Parent of a U.S. Citizen (+)
Policy Memorandum providing guidance to USCIS officers regarding amendments to the Immigration and Nationality Act that extend the ability to self-petition to battered or abused parents of U.S. citizens. Also providing guidance regarding work authorization for approved VAWA self-petitioners.
[pdf] Harboring and Transportation of Undocumented Persons: Information for Domestic Violence, Sexual Assault and Victim Services Agencies (+)
To help protect undocumented immigrants against domestic violence, the federal government has established certain safeguards to encourage undocumented women to report, and fully cooperate in the investigation of, incidents of domestic abuse without fear of arrest or removal from the United States. These protections guarantee that all women, without regard to immigration status, have access to programs and services necessary to protect their life and safety, such as domestic violence shelters, emergency medical service and victim assistance programs.
[pdf] Somewhere to Turn (+)
A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.
[pdf] Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs (+)
U.S. Immigration and Customs Enforcement 2011 Memorandum setting forth the policies that direct the use of prosecutorial discretion in cases involving victims of and witnesses to crimes, including crimes of domestic violence, sexual assault, human trafficking, and other crimes. It includes protections from removal for individuals involved in efforts related to the protection of their civil rights. This document establishes DHS priorities for victim protection and summarizes and contains links to Immigration and Customs Enforcement policies of importance to immigrant crime victim cases.
[pdf] Model U-Visa Certification Protocol for Law Enforcement Agencies (+)
Sample U Visa Certification Policy for law enforcement agencies developed with funding from BJA and OVW.
[pdf] Keeping the Dream Alive: Immigration Reform, Women and the DREAM Act (+)
A powerpoint presentation from the April 8, 2011 training in Washington, DC at the Women, Money, Power Summit sponsored by Feminist Majority and the YWCA.
[pdf] San Francisco Police Department 11-031: U-Visa Protocol for Assisting Immigrant Victims of Crime (+)
San Francisco U Visa Certification Policy.
[pdf] VAWA, T and U-Visa Immigration Case Processing Times (+)
Information on immigration case processing times for VAWA, T and U-visa cases.
[pdf] Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts About Immigrating on a Marriage-Based Visa (+)
This pamphlet will explain domestic violence and inform you of your legal rights in the United States. The International Marriage Broker Regulation Act (IMBRA) requires that the U.S. Government provide foreign fiancé(e)s and spouses immigrating to the United States information about their legal rights as well as criminal or domestic violence histories of their U.S. citizen fiancé(e)s and spouses. One of IMBRA’s goals is to provide accurate information to immigrating fiancé(e)s and spouses about the immigration process and how to access help if their relationship becomes abusive.
[pdf] New Dangers for Battered Immigrants: The Untold Effects When Immigrant Victims Have to Leave the U.S. to Obtain Lawful Permanent Residency as VAWA Self-Petitioners (+)
The stories recounted in this volume document the experiences of battered immigrants from around the country. In all of these cases, battered immigrants either filed or are in the process of filing self-petitions. Once the battered immigrant’s self-petition is approved the victim may apply for lawful permanent residency. The purpose of this compilation has been to highlight the potential hardships and dangers that battered immigrants face if they would be required to leave the United States and travel abroad to receive lawful permanent residency based upon their approved VAWA self-petition. Historically, battered immigrants abused by their U.S. citizen or lawful permanent resident spouses or parents have been generally able to attain lawful permanent residency while continuing to reside in the United States. The stories collected here were used to secure amendments in VAWA 2000 that together with DHS policies allow immigrant victims to obtain lawful permanent residency without being required to leave the United States.
[pdf] DHS Broadcast Message on New 384 Class of Admission Code (December 1, 2010) (+)
Broadcast from the Department of Homeland Security to DHS personnel on the creation of the Class of Admission “384” code in the Central Index System, that alerts personnel of an immigrant victim who is protected by VAWA confidentiality protections.
[pdf] Approval of Petitions and Applications after the Death of the Qualifying Relative under New Section 204(l) of the Immigration and Nationality Act (+)
This Policy Memorandum ensures that USCIS uniformly and consistently adjudicates petitions and applications in light of section 204(l) and 213A(f)(5) of the Immigration and Nationality Act (“the Act”), 8 U.S.C. §§ 1154(l) and 1183a(f)(5).
[pdf] Immigration Relief for Immigrant Victims of Domestic Violence, Sexual Assault and Human Trafficking Victims (+)
Powerpoint presentation from the December 1, 2010 training in Sioux Falls, South Dakota
[pdf] Chapter 17.1: Emergency Medicaid: Urgent Medical Services for Immigrant Crime Victims and Children (December 7, 2016) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal health care, public benefits and immigration laws states have obligations to provide emergency medicaid to immigrants without regard to immigration status. This includes immigrant victims of sexual assault. This chapter is intended to provide an overview regarding health benefits and emergency Medicaid for each state. It provides a chart detailing the definition of what services are provided in the emergency medicaid program, what is covered in each state, and provides a state-by-state chart detailing each state’s laws concerning emergency Medicaid, the coverage provided, and the application process involved.
[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.
[pdf] Policies & Practices that Enhance the Legal Rights of Immigrant Domestic Violence Victims (+)
A powerpoint presentation on immigrant victims’ legal rights from October 14, 2010 training in Long Beach, California
[pdf] Sample: Media Advisory for Law Enforcement Training (+)
Provides a press release template law enforcement agencies can use for outreach on the U visa in the agencies jurisdiction.
[pdf] Student Aid Eligibility – Eligibility for Title IV Aid for “Battered Immigrants-Qualified Aliens” as provided for in the Violence Against Women Act (+)
This letter describes the process by which a person who has documentation provided by the Department of Homeland Security’s United States Citizenship and Immigration Service that supports a finding that the person is a “Battered Immigrant” and meets the definition of a “qualified alien” can qualify for Title IV, Higher Education Act (HEA) program assistance.
[pdf] Eligibility for Title IV Aid for “Battered Immigrants-Qualified Aliens” as Provided For in the Violence Against Women Act (+)
This letter describes the process by which a person who has documentation provided by the Department of Homeland Security’s United States Citizenship and Immigration Service that supports a finding that the person is a “battered immigrant” and meets the definition of a “qualified alien” can qualify for Title IV, Higher Education Act (HEA) program assistance.
[pdf] Power of Attorney Designation Instructions for Guardianship of Child (June 2010) (+)
A guardianship election form is a notarized statement indicating who should have the authority to act as the temporary guardian of your child should a client be suddenly unavailable to care for their child. Circumstances include hospitalization or immigration detention.
[pdf] Attorney Guide to Representing Immigrant Victim Parents Who Are at Risk of Detention/Deportation, in detention, or Have Been Deported (+)
Toolkit of materials for representing immigrant victim parents in detention or deported. This tool kit was created with the expectation that an increase in the number of family law assistance for immigrant parents will emerge and also in the hopes that family law attorneys nationwide will be equipped to handle these specific cases and can volunteer their services.This tool kit can also be adapted and used in contested custody cases and abuse and neglect cases involving immigrant victims since many of the same issues arise.