Memorandum from Paul Virtue regarding non-disclosure and other prohibitions relating to battered aliens under IIRIRA 384 confidentiality provisions to all INS employees.
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] Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 (+)
Full version of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 , public law 104-208. Confidentiality provisions are listed in Section 384.
[pdf] VAWA Self-Petitioning Regulations – Interim Rule (March 26, 1996) (+)
Federal Register: Petition to Classify Alien a s Immediate Relative of a United States Citizen or as a Preference Immigrant; Self-Petitioning for Certain Battered or Abused Spouses and Children. This interim rule amends the Immigration and Naturalization Service (“the Service”) regulations to allow a spouse or child to seek immigrant classification if he or she has been battered by, or subjected to extreme cruelty committed by, the citizen or lawful permanent resident spouse or parent. It also permits a spouse to seek classification if his or her child has been battered by, or subjected to extreme cruelty committed by, the citizen or lawful permanent resident spouse. A
qualified spouse or child who is living in the United States but is not a permanent resident may use the procedures established by this rule to self-petition for immigrant classification.
[pdf] House Congressional Resolution on Custody and Domestic Violence H. CON. RES. 172 (October 26, 1990) (+)
Expressing the sense of the Congress that, for purposes of determining child custody, credible evidence of physical abuse of one’s spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse.
[pdf] Considerations for Asylum Officers Adjudicating Asylum Claims from Women (+)
Memorandum written to provide the INS Asylum Officer Corps (AOC) with guidance and background on adjudicating cases of women having asylum claims based wholly or in part on their gender.
[pdf] Second Circuit Decision; Bah v. Mukasey, Diallo v. DHS (+)
This decision looks at the cases of Salimatou Bah v. Michael Mukasey, Attorney General, Mariama Diallo v. Department of Homeland Security, and Haby Diallo v. Department of Homeland Security (consolidated for disposition); regarding Female Genital Mutilation (FGM).
[pdf] DHS Supplemental Brief: Domestic Violence Claim (+)
Supplemental Brief from the DHS regarding asylum applicant filing for withholding of removal under Convention Against Torture (CAT) based on past harm and fear of future harm from domestic violence.
[pdf] Department of Homeland Security’s Position on Respondent’s Eligibility for Relief: In Re Alvarado-Pena (+)
This case presents the issue of whether the applicant may qualify for asylum based on her fear of domestic violence. More specifically, this case raises the question whether the applicant’s fear of domestic violence may establish a well-founded fear of persecution on account of membership in a particular social group. The Department of Homeland Security (DHS) argues that, under some limited circumstances, a victim of domestic violence can establish eligibility for asylum on this basis, and that the applicant in this case has established such eligibility.
[pdf] Case Summary: Matter of A-R-C-G, 26 I&N Dec. 388 (B.I.A. 2014) (+)
The Board of Immigration Appeals (BIA) on August 26, 2014 issued a precedent setting ruling that established the circumstances under which victims who suffer domestic violence in their home country will be eligible to received gender based asylum in the United States. This reading looks at a case where a battered spouse petitioned for asylum and withholding of removal in the United States after her husband repeatedly abused her in Guatemala.
[pdf] Employer’s Affidavit Template (+)
A template for an affidavit from the spouse’s employer regarding employment.
[pdf] Operating Policy and Procedure Memorandum 97-9: Motions for “Prima Facie” Determination and Verification Requests for Battered Spouses and Children (1997) (+)
This Operating Policy and Procedure Memorandum concerns the procedures for handling a verification process to identify those aliens whose applications for suspension of deportation have been granted under section 244(a)(3) of the Immigration Nationality Act (INA) and the procedures for handling a motion for prima facie determination for those aliens, who have a pending application for suspension of deportation under 244(a)(3) or cancellation of removal under section 240A(b)(2) of the INA before an Immigration Judge. This memorandum is addressed to assistant chief immigration judges, immigration judges, court administrators, and support staff.
[pdf] Obtaining U Visa Certification from Judges in Protection Order, Family, Criminal, and Other State Court Proceedings (+)
Learning objectives for this presentation are: promote advocates and attorneys seeking U visa certification from judges, understand when judges can sign U visas and how to approach judges for certification in family, civil, and criminal court cases, identify the reasons why courts may not be signing U visa certifications, anticipate and overcome challenges, and develop a plan for approaching judges for certification.
[pdf] Immigration Protection Screening Checklist (June 17, 2011) (+)
A checklist of interviewing questions regarding immigration history and eligibility for visas and immigration benefits.
[pdf] Operating Policies and Procedures Memorandum No. 97-7: Procedures for Identifying Potential Battered Spouse/ Battered Child Cases (+)
A memorandum about the operating policies and procedures for identifying potential battered spouse/ battered child cases from the office of the Chief Immigration Judge to all deputy chief immigration judges, all assistant chief immigration judges, all immigration judges, all court administrators, all judicial law clerks, and all court staff.
[pdf] Garcia v. Audubon (+)
A civil action case between Garcia and others versus Audubon. The plaintiffs are non-documented workers who have filed suit against their former employer alleging that the Defendants improperly withheld wages.
[pdf] Mandatory U-visa Certification Unnecessarily Undermines the Purpose of the Violence Against Women Act’s Immigration Protections and Its “Any Credible Evidence” Rules – A Call for Consistency (September 10, 2010) (+)
This article discusses the development of immigration law’s “any credible evidence” standard of proof and its application in VAWA and TVPA related immigration cases. This article urges reforms in immigration law to remove U-visa certification as a mandatory prerequisite that bars many otherwise eligible immigrant crime victims from being able to access U-visa protections.
[pdf] Domestic Violence and the International Marriage Broker Regulation Act (DHS Brochure for Law Enforcement and Victim Advocates) (+)
A brochure regarding the International Marriage Broker Regulation Act and domestic violence for Law Enforcement Officers and Domestic Violence Advocates.
[pdf] Dreams Lost, Dreams Found: Undocumented Women in the Land of Opportunity (+)
This study was designed to identify problems and social service needs of undocumented Filipina, Latina, and Chinese women in the Bay Area. Undocumented women in the Bay Area are a growing and neglected population in need of services. This study examines the factors causing increased migration by women to the U.S., and how these factors influence women’s lives once they are here. Findings of this study reveal the economic hardship of undocumented women and their families and provide insight into immigrant women’s experiences with domestic violence. This survey was the precursor to the survey conducted in the early 1990s by Ayuda.