Topic: Immigration

Materials and best practices regarding immigration.

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[pdf] Department of Homeland Security (DHS) Immigration Policies Released in 2021 and 2022 That Are Important for Immigrant Survivors (May 17, 2022) (+)

This document contains a list of policies issued by the U.S. Department of Homeland Security that are important to and impact cases of immigrant survivors of crime and abuse that enhance both protections from deportation for survivors and access to immigration relief under the following programs: VAWA self-petitions, U visas, T visas, Special Immigrant Juvenile Status, Battered Spouse Waivers and INA Section 106 Work Authorization for Abused Spouses of A, E(3), G and H visa holders. The link to each policy is followed by a description of the policy and how it is helpful to immigrant survivors.

Published May 17, 2022 by

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[pdf] USCIS: Special Immigrant Juvenile Status Classification and Deferred Action (March 7, 2022) (+)

U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to consider deferred action (and related employment authorization) for noncitizens with approved Special Immigrant Juveniles Status (SIJS) cases who are ineligible to apply for adjustment of status to lawful permanent resident (LPR) status solely due to visa unavailability.

Published March 7, 2022 by

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[pdf] USCIS Policy Manual Updates: T Visa Status for Victims of Severe Forms of Trafficking in Persons (October 20, 2021) (+)

Policy Alert describing updates to the T visa section of the USCIS policy manual. Volume 3: Humanitarian Protection and Parole, Part B, Victims of Trafficking https://www.uscis.gov/policy-manual/volume-3-part-b and Volume 9: Waivers and Other Forms of Relief, Part O, Victims of Trafficking https://www.uscis.gov/policy-manual/volume-9-part-o

Published October 29m 2021 by

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*SJI and National Judicial Network Training Materials (Last Updated June 8, 2023)

Technical Assistance NIWAP also offers technical assistance for judges and court staff. Find out how to receive  NIWAP’s technical assistance from NIWAP’s experts and judicial faculty here. If you are a judge or judicial faculty, please consider joining our National Judicial Network. You can find more information about the National Judicial Network here. Most Updated […]

Published May 17, 2022

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[pdf] DHS Takes Victim-Centered Approach Press Release (October 20, 2021) (+)

Press release describing the role all components of DHS have been directed to take to ensure that immigrant victims are treated by DHS officials in a manner that takes a victim centered approach. Describing how this approach both meets the humanitarian needs of victims and helps DHS play a role in fighting crime.

Published October 20, 2021 by

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[pdf] Automatic Employment Authorization Document (EAD) Extension (May 4, 2022) (+)

Polices governing automatic extension of work authorization (EAD) for the immigrants and applicants with the follow types of immigration cases. The letters and numbers will be on the immigrants work authorization card: refugees (a)(3); asylees (a)(5); N-8 or N-9 visa holders (brothers, sisters, children and parents of NATO employees) (a)(7); Citizen of Micronesia, Marshall Islands, or Palau (a)(8); granted withholding of deportation or removal (a)(10); Temporary Protected Status (TPS)(a)(12); Spouse of E visa holder (a)(17); L-2 spouse of L-1 visa holder (a)(18); pending asylum application (c)(8); pending lawful permanent residency (adjustment) application (c)(9); applicants for suspension of deportation, cancellation of removal or special rule NACARA cancellation (c)(10); adjustment based on continuous residency since 1972 (c)(16); applicants prima facie eligible for TPS (c)(19); pending I-700 legalization (c)(20); pending I-687 legalization (c)(22); LIFE legalization (c)(24); H-4 spouses of H-1B visa holder (c)(26); and VAWA self-petitioners (c)(31).

Published May 4, 2022 by

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[pdf] Instructions for Request for a Fee Waiver (I-912) (September 03, 2021) (+)

USCIS Form to be used for waivers in cases of immigrant survivors:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).

Published October 15, 2019 by

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[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)

This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.

Published April 21, 2022 by

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[pdf] Chapter 03.4: VAWA Cancellation of Removal (July 10, 2013) (+)

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.

Published July 10, 2013 by

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[pdf] NIWAP, Comments on USCIS VAWA Self-Petitioning Policy Manual Chapters (March 9, 2022) (+)

NIWAP’s comment provide legislative history and social science evidence based research to support USCIS’s formal implementation in the VAWA self-petitioning chapters of the USCIS Policy Manual of virtually all of the VAWA statutory reforms that were included in VAWA 2000, VAWA 2005 and VAWA 2013 that became law after the VAWA self-petitioning regulations were issued in 1996. The first section of these comments discusses these issued. In reviewing the policy manual we also identified a few areas in which the policy manual does not implement or does not fully implement VAWA statutes and in one case imposes a policy that is inconsistent with VAWA’s goals, legislative history, and the reasoning of the 7th Circuit Court of Appeals. The areas of improvement NIWAP suggests in these comment focus largely on four important issues for which we seek improvements in the Policy Manual’s approach:
— We appreciate that USCIS adopted the 7th Circuit’s opinion in Arguijo and has applied it nationally ensuring that divorce will not cut of abused stepchildren from VAWA self-petitioning and NIWAP requests and provides the legal and social science support for treating abused stepchildren whose biological parent dies identically instead of forcing abused stepchildren to maintain an ongoing relationship with their abusive stepparent after the death of their biological parent in order to self-petition;
— We propose policy manual revisions that do not treat crimes committed by victims related to the battering or extreme cruelty they suffered as aggravated felonies barring them permanently from self-petitioning and forcing them into the U visa backlog as their only immigration option. This approach cuts victims off from the domestic violence victim waiver that Congress created to help victims with convictions from pleas they took in domestic violence criminal cases where they had acted in self-defense or when they stole baby food when fleeing their abuser and ended up with a one year suspended sentence for the theft which is an aggravated felony under U.S. immigration laws;
–Remarriage: Congress in VAWA 2000 revised VAWA statutes and explained in legislative history that their intent to ensure that remarriage of VAWA self-petitioners would not impact a filed self-petition reflecting an understanding of how remarriage to a non-abusive partner can help victims heal and can play a role in improving victim safety; and
–Naturalization: In VAWA 2000 Congress amended the naturalization statute to allow spouses of U.S. citizens who are battered or subjected to extreme cruelty by their citizen spouse to not have to remain living in an abusive home and remain married to their abused to be able to naturalize in 3 years as opposed to 5 years. This provision was meant to help any abused spouse of a U.S. citizen whether the abuser filed a family-based visa petition or whether the victim filed a self-petition. Implementing policies limited these protections to VAWA self-petitioners, VAWA cancellation and Battered Spouse Waiver applicants, leaving out VAWA suspension of deportation victims and all other battered spouses of U.S. citizens.

Published March 9, 2022 by

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[vnd.openxmlformats-officedocument.spreadsheetml.sheet] Immigration Status: Work Authorization, Public Benefits, and Ability to Sponsor Children (December 30, 2021) (+)

This chart allows judges, lawyers and victim advocates to identify which immigrants are able to sponsor their children to attain legal immigration status in the U.S., if and when an immigrant has or will have access to work authorization, whether and when immigrants gain access to state and federal public benefits, the effect of divorce on immigration status and whether the immigrant controls their own immigration case or if they immigration case requires that the immigrant’s application for immigration relief requires a sponsor. This chart provides general answers to these questions, by the form of immigration status a noncitizen has or is pursuing and will help state courts, victim advocates and family lawyers quickly access legally correct information about how immigration laws may or may not impact parties in state family court cases. This chart also provides useful comparisons for immigration lawyers.

Published December 30, 2021 by

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[pdf] Special Immigrant Juvenile Status (SIJS) Regulations Final Rule Federal Register (March 8, 2022) (+)

U.S. Citizenship and Immigration Services published final rule governing Special Immigrant Juvenile Status cases, filings, adjudications and access to lawful permanent residency for SIJS children. These rules incorporate statutory changes made since issuance of the prior rule and clarify eligibility requirements. Incorporates statutory amendments from The Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103-416, 108 Stat. 4319 (Jan. 25, 1994); The Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (CJS 1998 Appropriations Act), Pub. L. 105-119, 111 Stat. 2440 (Nov. 26, 1997); The Violence Against Women and Department of Justice Reauthorization Act
of 2005 (VAWA 2005), Pub. L. 109-162, 119 Stat. 2960 (Jan. 5, 2006); and The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA 2008), Pub. L. 110-457, 112 Stat. 5044 (Dec. 23, 2008).

Published March 8, 2022 by

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[pdf] Amicus Brief Matter of MA (March 23, 2020) Board of Immigration Appeals (+)

The amici submit this brief in support of Respondent (“Mr. M.A.”) seeking reversal of the Executive Office for Immigration Review (“EOIR”) immigration judge’s October 17, 2019 decision denying Mr. M.A’s petition for (a) Violence Against Women Act (“VAWA”) cancellation of removal pursuant to Section 240A(b)(2) of the Immigration and Nationality Act (“INA”); (b) asylum pursuant to Section 208 of the INA; (c) withholding of removal pursuant to Section 241(b)(3) of the INA; and (d) protection under the Convention Against Torture, pursuant to 8C.F.R.§1208.16. Amici specifically submit this brief requesting the Board of Immigration Appeal (“Board”) to remedy the flagrant and egregious violations of VAWA’s confidentiality provisions that occurred in Mr. M.A.’s detention and removal proceedings. The Board should remedy these violations by terminating the present removal proceedings— a measure envisioned by Congress when it renewed the VAWA legislation in 2005 (see infra Sections III, IV), or, in the alternative, by reversing and remanding this matter to a different immigration judge.

Published March 23, 2020

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[pdf] U Visa Certification and T visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021) (+)

This helpful, informative U visa certification tool kit for judges and magistrates covers materials on topics such as: what is the role of judges in U visa certification, U visa quick references for judges, U visa certification introduction, U visa application flow chart, judges and the U visa certification requirement, U visa statutory and regulatory background, frequently asked questions, redacted I-918 supplement B (U nonimmigrant status certification), form I-918 supplement B (sample judges’ certification), sample information flyer for victims, resource list, sample memorandum in support of a motion for U visa certification, sample declaration for a motion for certification, glossary of terms, and collection of U visa news articles.

Published June 17, 2021 by

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[pdf] USCIS VAWA Self-Petitions Policy Manual (February 10, 2022) (+)

USCIS published this policy guidance governing VAWA self-petition adjudications. This is a pdf word searchable download of the full VAWA self-petitioning chapter of the policy manual with all of its subparts. This version is current as of February 10, 2022. For the most up-to-date version and working hyperlinks see the on-line version at https://www.uscis.gov/policy-manual/volume-3-part-d

Published February 10, 2022 by

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[pdf] DHS Efforts to Combat Human Trafficking (January 25, 2022) (+)

This fact sheet was released together with the Statement from Secretary Mayorkas on National Human Trafficking Prevention Month (2022):
U.S. DEPARTMENT OF HOMELAND SECURITY
Office of Public Affairs
________________________________________
Statement from Secretary Mayorkas on National Human Trafficking Prevention Month
WASHINGTON – Today, Secretary of Homeland Security Alejandro N. Mayorkas released the following statement on National Human Trafficking Prevention Month:

“Human trafficking is an abhorrent crime that impacts an estimated 25 million people, here in the United States and abroad. Victims too often suffer in silence and perpetrators are too seldom brought to justice. National Human Trafficking Prevention Month is a time to reaffirm the Department’s commitment to seeing those victims, hearing their stories, and preventing the horrific acts of human trafficking before they occur. We will bring the full weight of the Department of Homeland Security – our resources and our dedicated personnel – to identify and protect victims and to investigate and arrest perpetrators.

“Across DHS, our tremendous professionals lead this work each day.
• The DHS Center for Countering Human Trafficking leverages the resources of 16 DHS Agencies and Offices to combat both sex trafficking and forced labor.
• U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agents investigate these crimes and help prosecute the perpetrators.
• The HSI Victim Assistance Program supports victims with critical emergency assistance and connects victims with non-governmental organizations that provide short- and long-term direct services.
• U.S. Customs and Border Protection investigates allegations of forced labor in U.S. supply chains and bars goods made with forced labor from entering the country.
• The Federal Law Enforcement Training Centers educates law enforcement about the indicators of trafficking and best practices for supporting victims and bringing perpetrators to justice.
• We raise awareness about these heinous crimes through our signature public awareness and education campaign, the DHS Blue Campaign, and our partnerships with state, local, tribal, and territorial governments, businesses, airlines, schools, non-profits, legal organizations, and many others.
• Finally, and critically, DHS personnel are trained to recognize and report indicators of human trafficking in the course of their daily duties interacting with the public, including Transportation Security Administration officers, Federal Air Marshals, service members of the U.S. Coast Guard, U.S. Citizenship and Immigration Services benefits adjudicators, and more.
“Combating human trafficking is truly a whole of DHS effort.

“During this past year, HSI Special Agents made more than 2,360 human trafficking arrests, identified and assisted more than 728 trafficking victims, and issued the first-ever comprehensive Continued Presence Resource Guide. USCIS released the first-ever standalone T Visa Resource Guide for law enforcement and certifying agencies, and approved 559 T visas for victims of trafficking and 451 T visas for their qualifying family members. CBP detained and seized more than 1,550 shipments containing nearly $500 million in merchandise linked to forced labor abroad, a 900 percent increase over Fiscal Year 2020.

“Last year, I directed all DHS Agencies and Offices to incorporate a victim-centered approach into every policy, program, and activity that impacts our Department’s interactions with victims of crime. I also released a worksite enforcement strategy that focuses our enforcement efforts on unscrupulous employers who exploit unauthorized workers, including through force, fraud, or coercion. We can, must, and will do more.

“The scourge of human trafficking must be met with concerted action. This month and every month, our Department will strive to shine a light on these heinous acts, protect the dignity of survivors, and bring perpetrators of human trafficking to justice.”

To report suspected human trafficking to DHS law enforcement, contact 1-866-347-2423.

To seek help or learn more from the National Human Trafficking Hotline, contact 1-888-373-7888 or text HELP or INFO to BeFree (233733).

Learn more about DHS’s efforts to combat human trafficking here: https://www.dhs.gov/topics/human-trafficking and in a new Department-wide fact sheet.

Published January 25, 2022 by

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[pdf] Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (December 29, 2021) (+)

The public benefits flow charts pertain to VAWA self-petition and cancellation, U-Visas, T-Visas, and Special Juvenile Immigrant Status (SIJS). Specifically, the charts explain access to federal and state public benefits for battered immigrant spouses and children of U.S. citizens or lawful permanent residents, victims of human trafficking, U-Visa victims, and SIJS victims.

Published December 29,. 2021 by

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[pdf] Bench Card on Immigration Relief for Battered Spouses, Children, and Immigrant Crime Victims (December 31, 2021) (+)

This bench card provides an overview of immigraiton options for immigrant victims of domestic violence, child abuse, sexual assault, human trafficking, stalking and other crimes. It covers VAWA, battered spouse waiver, Special Immigrant Juvenile Status, U and T visas, continued presence and work authorization for abused spouses of visa holders. For each it provides an overview or eligibility and how each form of immigration relief helps victims.

Published December 31, 2021 by

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[pdf] Bench Card: U-Visa Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)

This benchcard discusses the eligibility requirements to qualify for a U-Visa, the application procedure for U-Visas, and possible benefits for which approved U-Visa applicants may be eligible.

Published December 31, 2021 by ,

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[pdf] U Visa Certifications, T visa Declarations, and Continued Presence: Range of Potential Certifiers at the Local, State, and Federal Government Levels (December 30, 2021) (+)

This publication explores the range of potential certifiers whom judges should be aware of who can sign U visa and T visa certification in the court’s jurisdiction with whom the court can play a leadership role in encouraging certification by all authorized agencies. This helps attorneys and advocates working with immigrant victims identify the full range of authorized certifiers in any particular case to whom they can turn for certification. This document connects readers to training manuals for judges, law enforcement, prosecutors and Adult Protective Services agency staff that provide an overview of the U and T visa programs and detailed questions and answers for certifying agencies, and for judges who want to learn more about U and T visa certification. Additionally, this publication describes the availability of continued presence as an important option for immigrant victims of human trafficking offering protection soon after a trafficking victim has been identified that is available to human trafficking victims who could be potential witnesses in trafficking investigations or prosecutions. This document provides links to DHS publications on these subjects.

Published December 30, 2021 by

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[pdf] Tip Sheet for Courts Developing U Visa Certification Protocols (December 30, 2021) (+)

This tool provides legally correct information on the U and T visa programs and on Continued Presence. It helps courts developing U visa certification and T visa declarations protocols, policies and practices base the policies being developed on up to date legally accurate information on the U and T visa programs and certification. The document also provides links to model and sample U and T visa certification polices and protocols that courts can rely upon adapt when developing court policies.

Published December 31, 2021 by

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[pdf] Appendix VIII – States with Peonage Mentioned in Other Statutes (December 29, 2021) (+)

Peonage laws vary from state to state. This chart catalogs state statutes that mention peonage and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s statute mentioning peonage. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes mentioning peonage. This chart will also assist attorneys and advocates working with peonage victims in identifying a more complete list of U visa qualifying criminal activities that peonage victims may also have suffered.

Published December 29, 2021 by

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[pdf] Appendix VII – States with Peonage Statutes (December 29, 2021) (+)

Peonage laws vary from state to state. This chart catalogs state statutes on peonage and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s peonage statute. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes on peonage. This chart will also assist attorneys and advocates working with peonage victims in identifying a more complete list of U visa qualifying criminal activities that peonage victims may also have suffered.

Published December 29, 2021 by

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[pdf] Appendix VI – States with Involuntary Servitude and Slavery (Slave Trade) in the State Constitution and in Statute (December 29, 2021) (+)

Involuntary servitude and slave trade laws vary from state to state. This chart catalogs states that have involuntary servitude and slave trade in the state constitution and in state statute and identifies potential U visa qualifying criminal activity that can fall within the relevant elements of the state’s constitution and statutes. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state constitutions and criminal statutes on involuntary servitude and slave trade. This chart will also assist attorneys and advocates working with involuntary servitude and slave trade victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude and slave trade victims may also have suffered.

Published December 29, 2021 by

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[pdf] Appendix V – States with Involuntary Servitude Mentioned in Other Statutes (December 29, 2021) (+)

Involuntary servitude laws vary from state to state. This chart catalogs state statutes that mention involuntary servitude and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s statute mentioning involuntary servitude. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes mentioning involuntary servitude, and assist attorneys and advocates working with involuntary servitude victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude victims may also have suffered.

Published December 29, 2021 by

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[pdf] Appendix IV – States with Involuntary Servitude Statutes (December 29, 2021) (+)

Involuntary servitude laws vary from state to state. This chart catalogs state statutes on involuntary servitude and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s involuntary servitude statute. This chart will also assist DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities, and assist attorneys and advocates working with involuntary servitude victims in identifying a more complete list of U visa qualifying criminal activities that involuntary servitude victims may also have suffered.

Published December 29, 2021 by

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[pdf] Appendix III- States With Slave Trade Statutes (Updated December 29, 2021) (+)

Slave trade laws vary from state to state. This chart catalogs state statutes on slave trade and identifies potential U visa qualifying criminal activity that can fall within the elements of the state’s slave trade statute. This chart also assists DHS adjudicators by providing a state-by-state tool that will facilitate understanding of the types of qualified criminal activities or similar activities present in cases involving state criminal statutes on slave trade, and assists attorneys and advocates working with slave trade victims in identifying a more complete list of U visa qualifying criminal activities that slave trade victims may also have suffered. Part of the labor trafficking materials.

Published December 29, 2021

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[pdf] Comparison Chart of U visa, T Visa, Violence Against Women Act (VAWA) Self-Petition, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA) (December 30, 2021) (+)

A chart comparing the eligibility, process, and benefits of U Visas, T Visas, VAWA Self-Petition, Special Immigrant Juvenile Status (SJIS), and Deferred Action for Childhood Arrivals (DACA). Written by Krisztina Szabo, Spencer Cantrell, and Leslye Orloff.

Published December 30, 2021 by

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[pdf] Bench Card: Impact of Divorce on Immigration Status (December 28, 2021) (+)

This bench card provides information for state court judges on whether and how divorce
may alter the ability of immigrant spouses, children and stepchildren to gain or maintain a legal
immigration status in the United States, including an immigration visa, lawful permanent
residency or naturalization. An immigration visa2 is specifically one that allows the immigrant
to live and work in the United States.

Published December 28, 2021 by

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[pdf] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)

The purpose of this bench card is to inform courts about DHS protections available to all immigrants who are litigants, crime victims, children or witness in court proceedings from immigration enforcement at courthouses. The bench card provides an overview of the forms of immigration relief created for immigrant survivors of crime and/or abuse, outlines DHS enforcement priorities, discusses how prosecutorial discretion will be exercised, describes which parents, children, family members, guardians, and other litigants will and will not likely be subject to immigration enforcement, discusses policies governing enforcement of civil immigration laws at courthouses, and presents information locations protected from immigration enforcement that will be useful to state court judges drafting visitation exchange, protection orders, criminal case bond orders and range other court orders.

Published December 27, 2021 by

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*U Visa Certification and T Visa Declaration Toolkits (Last Updated December 29, 2021)

On this page you will find the complete list of NIWAP’s U and T Visa Certification toolkits to assist agencies authorized to sign U Visa certifications and T Visa Declarations. For more information on U and T Visa Certification including access to webinars, newsletters, DHS policies, and publications click here. Toolkit for Federal, State, and […]

Published December 29, 2021

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[pdf] Three Prongs of VAWA Confidentiality (December 15, 2021) (+)

A brochure summarizing the three prongs of VAWA confidentiality (Disclosure Limitations, Source Limitations, & Enforcement Limitations) for advocates and attorneys, including information on best practices and complaint instructions.

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[pdf] Birru v. Wilkinson 9th Circuit Court of Appeals (January 22, 2021) (+)

Aylaliya Assefa Birru v. Barr (January 11 2021) 9th Circuit Court of Appeals. NIWAP, represented by
Baker McKenzie, is lead amicus in a brief on behalf of an immigrant domestic
violence victim who is seeking relief under the Violence Against Women Act’s domestic violence victim
waiver in her VAWA cancellation of removal case. The Board of Immigration Appeals and the
immigration judge denied her the ability to present evidence of waiver eligibility.

Published January 22, 2021 by

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[pdf] ICE Directive 11032.4, Identification and Monitoring of Pregnant, Postpartum, and Nursing, Individuals (July 1, 2021) (+)

ICE policy replacing prior 2017 and 2007 policies regarding detention of nursing mothers. Under this 2021 police ICE should not detain, arrest, or take into custody for an administrative violation of the immigration laws individuals known to be pregnant, postpartum, or nursing. In the very limited circumstances in which detention is necessary and appropriate, ICE must monitor individuals known to be pregnant, postpartum, or nursing detained in ICE custody for general health and well-being, including regular custody and medical reevaluation, to ensure appropriate pre- and/or post-natal and other medical and mental health care. ICE must ensure that individuals known to be pregnant, postpartum, or nursing are housed in facilities suitable for their medical and mental health needs.

Published July 1, 2021 by

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[pdf] U.S. Department of Homeland Security Memorandum Enforcement Actions in or Near Protected Areas (Oct. 27, 2021) (+)

This memorandum to U.S. Immigration and Customs Enforcement issued guidelines for enforcement actions in or near protected areas. It held that enforcement actions in or near protected areas require prior agency authorization absent a narrow set of circumstances.

Published October 27, 2021 by

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[pdf] INS, Edward H. Skerrett, Letter Re Filing of I-751 Authorized Post- Termination of Conditional Residency Status (December 10, 1992) (+)

This INS letter confirms that “Neither the submission of a new Form I-751 nor of a motion to reopen or reconsider a previously adjudicated Form I-751 should be formally rejected solely because the alien’s conditional resident status has been terminated and the alien placed in deportation proceedings.”

Published December 10, 1992 by

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[pdf] Battered Spouse Waiver 1994 Regulations 8 C.F.R. 216.5 Annotated With Provisions Overruled by VAWA 1994 (2021) (+)

These regulations govern conditional residence for immigrant spouses of U.S. citizens and have been significantly outdated for many years. The Violence Against Women Act of 1994 statutorily over ruled 8 C.F.R. 216.5(e)(3)(iv)-(vii) and VAWA confidentiality which became law in 1996 impacts 8 C.F.R. 216.5(e)(3)(viii).

Published 2021 by

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[pdf] Pages 79-81 and 92 FOIA BSW Response 2017 384 VAWA Confidentiality Broadcast (February 9, 2016 & April 4, 2016) (+)

Notice to field offices reminding them about the VAWA confidentiality “384” computer system that notifies DHS officials about a victim’s cases receiving VAWA confidentiality protections. These memos also discuss interviewing battered spouse waiver applicants including interview approach and the importance of using only the “safe address” and taking care not to send information to the abuser.

Published February 9, 2016 and April 5, 2016

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[pdf] Pages 76-78 FOIA Response 2017 Standard Operating Procedures for USCIS District Offices Handling of Interviews in VAWA Self-Petition Adjustments and Battered Spouse Waiver Cases (June 29. 2011) (+)

The standard operating procedure discusses how VAWA immigration cases and interviews are to be handled at USCIS District offices for Battered Spouse Waivers cases and VAWA Self-Petitions adjustment of status to lawful permanent residency.

Published June 29. 2011 by

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[pdf] Pages 62-67 FOIA BSW Response RFEs and Any Credible Evidence (October 16, 2014) (+)

Memos and emails spelling out the approach to requests for further evidence that should be used by USCIS field offices in their adjudications of battered spouse waiver cases. These also address the VAWA any credible evidence rules application in battered spouse waiver cases.

Published October 16, 2014 by

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[pdf] Pages 2-37 FOIA Battered Spouse Waiver Response 2017 District Office Training (2014) (+)

District field office training of officers that adjudicate interviews in VAWA self-petitioner adjustments of status to lawful permanent residency and battered spouse waiver cases. The training covers fraud detection at the VAWA Unit, VAWA confidentiality protections, VAWA unit training and data, requirements of I-485 interviews based on approved VAWA self-petitions, procedures that are to be followed if the District office wants to return a case to the VAWA Unit for revocation or further investigation, Common errors in return often stemming from District Officers following outdated regulations and not the statutory changes.

Published 2014 by

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[pdf] FOIA USCIS Response to NIWAP’s FOIA on Battered Spouse Waiver Cases and Case Processing (August 25, 2017) (+)

This FOIA response discusses the application of VAWA confidentiality protections to battered spouse waiver and all VAWA cases; provides slides used to train on VAWA confidentiality and the rules that apply to district office staff adjudicating battered spouse waivers and VAWA adjustments of status applications for lawful permanent residency. These slides highlight the types of evidence that adjudicators cannot rely upon that come from the abuser under VAWA confidentiality law. It also discusses how many of the cases returned to the VAWA unit from district offices stems from reliance on regulations that were later overruled by subsequent VAWA statutes and have not been updated and highlight common returns that are errors. The training includes a copy of the 4.11.08 memo on adjustment of status for VAWA self-petitioners who are present without inspection. There are also documents discussing VAWA’s amendments designed to allow VAWA self-petitioners to remarry and the USCIS position on narrow implementation of the remarriage provisions. The materials provided in response to the FOIA provide detailed information in the form of emails, policies, and trainings warning adjudicators to not rely on perpetrator provided information in adjudicating VAWA self-petitions, adjustments or battered spouse waiver cases with good examples of the types of evidence that must be avoided, including not relying on perpetrator provided information in marriage based visa interviews. The policy discussing referrals from District offices for revocations for self-petitions is discussed. The response also included the memo on the 2 year custody and 2 year residency and custody exceptions for abused adopted children. Pages 1-57 of this FIOA response contain information applies primarily to VAWA self-petition or cases of abused adopted children.

Page 58 (Electronic page 72) of the response appears to be a check list of the types of evidence that may be fraud indicators or raise questions or lead to a request for further evidence (RFE) this appears to be self-petition related and it is not clear the extent to which it relates to battered spouse waiver cases.

Pages 59-61 and pp 88-91 directly related to battered spouse adjudications and provide direction on how District Office adjudicators are to respond when at an interview for a jointly filed request to remove conditions a battered spouse/child request to file a battered spouse waiver. These communications recognize the VAWA confidentiality implications in processing these requests. Pages 70-73 provide the formal interim process from changing from a joint petition to a battered spouse waiver.

Pages 62 -67, also provided on pages 82-87. Directly discuss battered spouse waiver adjudications with VAWA Unit staff providing examples the types of questions VAWA unit trained staff use in requests for further evidence (RFE) on the following topic proof of: extreme cruelty; battering (physical abuse); good faith marriage, residence with abusive spouse/parent. There is also included RFE language describing that marital tensions are not necessarily abuse. The materials also describe the three main reasons why battered spouse waiver adjudicators send cases to an interview at a field office. Any credible evidence rules are described and an explanation of Battering or Extreme Cruelty from Chapter 25 of the Adjudicators Field Manual is included. Page 92 also addresses similar issues.

Pages 76-78 set out the standard operating procedures (S)OP) used by District offices processing VAWA cases addressing both battered spouse waiver cases and VAWA self-petitions adjustments of status to lawful permanent residency. The SOP discusses interviews, the timing of interviews and the involvement of supervisors. It also discusses having a VAWA Point of Contact at the field office and their role. This SOP recognizes that some VAWA cases will be identified during an interview and any such cases are to be referred to the VAWA POC in the field office. This policy took effect August 1, 2011.

Pages 79-81 discuss the creation of the “384” code of admission notifying DHS staff that a case has VAWA confidentiality protection. It is interesting to note that no mention of battered spouse waivers are a case type is included in these communications despite VAWA 2005 defining battered spouse waivers as VAWA self-petitioners.

Published August 25, 2017 by

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[pdf] Hearing Testimony Excerpts on the Battered Spouse Waiver Presented at Joint Hearings before the Subcommittee on Immigration, Refugees, and International Law of the House Committee on the Judiciary and the Immigration Task Force of the House Committee on Education and Labor (March 1990) (+)

This is the text of the Battered Spouse Waiver that was published in Joint Hearings before the Subcommittee on Immigration, Refugees, and International Law of the House Committee on the Judiciary and the Immigration Task Force of the House Committee on Education and Labor. This document also contains the portions of the hearing on the full bill that include testimony in support of the Battered Spouse Waiver and make up part of the Battered Spouse Waiver’s legislative history.

Published March 1990 by

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[pdf] Immigration and Naturalization Housekeeping Amendments Hearing (May 20, 1992) (+)

Hearings on the Immigration and Naturalization Housekeeping Amendments Act of 1992 that includes statements from members of the House of Representatives on the need for creation of the Battered Spouse Waiver, a discussion with questions and answers among members of the House Judiciary Committee about the Battered Spouse Waiver, and the full record of testimony provided and statements submitted regarding reforms needed that the Battered Spouse Waiver addressed. This legislative history address both the Battered Spouse Waiver and the need for reforms that became VAWA’s any credible evidence rules.

Published May 20, 1992 by

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[pdf] IIRAIRA Legislative History Conference Report (September 24, 1996) (+)

Includes preservation of VAWA self-petitioning, creation of VAWA cancellation of removal, creating VAWA confidentiality requirements, and exempting battered immigrants from deeming (see pp 32, 49, 108-109, 129-130, 139, 150 for statutory text and pp 208, 214, 231, and 238 for legislative history). Included battered spouse waiver, VAWA self-petitioners and VAWA suspension of deportation in VAWA confidentiality protections. IIRAIRA is the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Published September 14, 1996 by

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[pdf] Comparison Between the Battered Spouse Waiver and VAWA Self Petitioning Cases for Abused Immigrant Spouses (February 6, 2017) (+)

Comparison tool for attorneys and victim advocates to assist with comparing the Battered Spouse Waiver and the VAWA Self-Petition, two forms of immigration relief that help immigrant spouses who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse.

Published February 6, 2017 by

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[pdf] Spouse Based Immigration Laws: The Legacies of Coverture (August 1, 1991) (+)

This article traces the history of spouse based immigration to the United States, the legislative history of the Marriage Fraud Act Amendments in 1986, and documents need for and discusses the legislative history of the Battered spouse waiver. The article highlights difficulties with the Battered Spouse Waiver and suggests improvements.

Published August 1, 1991 by

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[pdf] Unconditional Safety for Conditional Immigrant Women (January 31, 1996) (+)

Article detailing the legislative history of family based immigration in the United States, the marriage fraud act amendments in 1986, battered spouse waivers in 1990, VAWA self petitioning in 1994, the VAWA any credible evidence rules of 1994, and the need for VAWA confidentiality that became law in 1996.

Published January 31, 1996

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[pdf] A License to Abuse: The Impact of Conditional Status on Female Immigrants (April 1, 1993) (+)

This article discusses the need for immigration protections for abused immigrant spouses, the legislative history of the Marriage Fraud Act Amendments, the Battered Spouse Waiver, problems with Battered Spouse Waiver regulations, the need for and legislative history of the VAWA self-petition, and the need for VAWA’s any credible evidence rules.

Published April 1, 1993

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[pdf] Legal Issues Confronting Conditional Residents Aliens Who Are Victims of Domestic Violence: Past, Present and Future Perspectives (1995) (+)

Article discusses the legislative history and implementation of the Battered Spouse Waiver, the problems with the regulations developed to implement the program, and the legislative solutions that were being developed in 1994 to address these problems. This includes a discussion of the creation of VAWA’s any credible evidence rules and the need for the VAWA self-petition. The article documents the legislative history of the Battered Spouse Waiver, the VAWA self-petition, VAWA’s any credible evidence rules and describes the need for what ultimately became VAWA’s confidentiality protections.

Published 1995

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[pdf] With No Place to Turn: Improving Legal Advocacy for Battered Immigrant Women (July 1, 1995) (+)

This article provides an overview of immigrant battered women’s legal rights and options in 1995. It discusses the VAWA self-petition, battered spouse waiver, VAWA’s new any credible evidence rules, as well as protection orders, language access, and preventing parental kidnapping.

Published July 1, 1995 by

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[pdf] Julie Dinnerstien, Comments on Failure to Amend Battered Spouse Waiver Regulations as Required by VAWA 1994 (March 28, 2014) (+)

Julie Dinnerstein, Docket number DHS–2014–0006 Comment submitted in connection with the Request for Public Input for the Retrospective Review of Existing regulations by the Office of General Counsel, Department of Homeland Security (DHS), 79 Fed. Reg. 10,760 (Feb. 26, 2014). These comments identify how the Battered Spouse Waiver regulations need to be amended to comply with Violence Against Women Act statutory amendments that became law in 1994.

Published March 28, 2014 by

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[pdf] Statement of Lelsye Orloff and Ellen Lawton, Ayuda and William Tamayo, Asian Law Caucus, Immigration and Naturalization Housekeeping Amendments of 1992, Hearing Before the Subcommittee on Immigration, Committee on the Judiciary, House of Representatives (May 20, 1992) (+)

Legislative history of the Battered spouse waiver amendments included in VAWA 1994 and creation of the VAWA any credible evidence rules. Statement of Lelsye Orloff and Ellen Lawton, Ayuda and William Tamayo, Asian Law Caucus, Immigration and Naturalization Housekeeping Amendments of 1992, Hearing Before the Subcommittee on Immigration, Committee on the Judiciary, House of Representatives (May 20, 1992)

Published May 20, 1992 by

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