Topic: Immigration

Materials and best practices regarding immigration.

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[pdf] Regional HT Collaborative Summit Feb 2021 (+)

This presentation provides an overview of the T visa, U visa, and VAWA Self-Petition options for immigrant victims of crime including domestic violence, sexual assault, stalking, and human trafficking. The presentation specifically focuses on the T visa and Continued Presence as well as state labor crimes and the U visa.

Published January 27, 2021 by

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[pdf] Complicated Overlay of Domestic Violence, Immigration Status and Human Trafficking Presentation 12.15.20 (+)

This presentation includes the following learning objectives: Identify juvenile and adult immigrant victims who are eligible for federal protection, Carry out the role Congress delegated to State Court Judges, CPS, APS, law enforcement and prosecutors in these cases, and Understand how early access to federal VAWA, TVPA and SIJS immigration protections can stabilize individual victims […]

Published December 15, 2020 by

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[pdf] Wilmington University Trafficking Awareness Webinars Materials List 2020 (+)

This materials list complements the presentation for NIWAP’s webinars at the Human Trafficking Awareness Webinars for Wilmington University. This document is a complete list of training materials, resources, and tools for the attendees of the webinar as well as professionals seeking tools to assist victims of human trafficking.

Published December 15, 2020 by

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[pdf] Training Bulletin: Improving Crime Fighting Outcomes in Cases of Immigrant Victims (+)

The End Violence Against Women International (EVAWI), in collaboration with NIWAP, published a Training Bulletin. Congress created several forms of humanitarian immigration relief to assist law enforcement agencies in building trust with, protecting and assisting immigrant and LEP crime victims in communities across the country. This immigration relief prevents perpetrators of high recidivism crimes including […]

Published November 13, 2020 by ,

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[pdf] Sample Designee Letter – Pdf (+)

Sample letter to be signed by the head of a government agency signing U visa certifications in which the head of the agency specifies the positions or names of supervisory staff to whom the head of the agency is delegating U visa signing authority. This sample form can be used by Police Chief, Sheriff, Prosecutor, District Attorney, head of child or adult protective services agency or other government agency head. This sample is provided in word and should be transferred to department or agency stationary. It is recommended that when the authority signing U visa certifications for the agency is not the head of the agency that a copy of the designation letter be provided to the immigrant crime victim along with the U visa certification form.

Published November 2, 2014 by ,

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[pdf] Wilmington University Pwpt Final (+)

This presentation helps people identify juvenile and adult immigrant victims who are eligible for federal protections, understand the role Congress delegated to State Court Judges, CPS, APS, law enforcement and prosecutors in these cases, and learn about how early access to federal VAWA, TVPA and SIJS immigration protections can stabilize individual victims and increase safety […]

Published November 24, 2020 by

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[pdf] Domestic Victims of Human Trafficking Program Data Collection – NIWAP Comments (February 25, 2020) (+)

These comments identify the VAWA confidentiality protections and issues that arise in cases of foreign born victims who obtained their lawful permanent residency and citizenship through the T visa or U visa programs. These victims are entitled to VAWA confidentiality protection that the proposed rule did not take into account.

Published February 26, 2020 by

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[pdf] USCIS U Visa Resource Guide 2019 – Annotated (August 10, 2019) (+)

Includes annotations identifying where the resource guide differs from U visa regulations, regulations preamble and the U visa statute. In this l2019 guide USICS attempted to overrule the prior resource guide on U and T visas that was issued by DHS Headquarters. There remains a debate within DHS as to the whether USCIS could as a matter of law overrule the DHS U and T Resource Guide issued by DHS Headquarters. For training purposes best practices are to continue to treat the 2015 DHS U and T Resource Guide as still having full force and effect in addition to this USCIS resource guide. The statue and regulations and regulations preamble regulatory history take precedence over this USCIS guide where the information contained in this guide differs or is inconsistent with the law and regulations.

Published August 10, 2019 by ,

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[pdf] Community Policing Breaking Down Barriers – Michael LaRiviere (Sheriff & Deputy Magazine) (+)

Article “Breaking Down Barriers” by Michael LaRiviere, published at the Sheriff and Deputy Magazine, Vol. 7, issue 5. The article points out that sheriffs must work with immigrant communities and sign U visa certifications to ensure that crimes against the undocumented don’t go unreported.

Published Sept 2019 by

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[pdf] The U Visa as a Crime-Fighting Tool Webinar Presentation 10.20.2020 (+)

This presentation educates prosecutors and law enforcement officials on how they can identify victims who qualify for the U and T visa as well as utilize immigration relief to hold offenders accountable. This presentation outlines how prosecutors can enhance victim, community, and officer safety by combatting domestic, sexual violence, and stalking. This presentation displays how […]

Published October 20, 2020 by

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[pdf] Sample Judicial T Visa Declaration I-914B (August 12, 2020) (+)

This sample judicial T visa declaration certification form is included as part of the U Visa Certification and T Visa Declaration Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates and Other Judicial Officers (August 12, 2020) available at https://niwaplibrary.wcl.american.edu/pubs/judges-u-t-certification-toolkit. The approach to T visa declarations by judges reflected in the sample has been used by judges across the country signing U visa certifications in protection order, custody, divorce, and other civil and criminal court cases for many years and certifications that adopt this approach are accepted by USCIS.

Published August 12, 2020 by

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[pdf] Sample Judicial U Visa Certification I-918B (August 12, 2020) (+)

This sample judicial certification form is included as part of the U Visa Certification and T Visa Declaration Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates and Other Judicial Officers (August 12, 2020) available at https://niwaplibrary.wcl.american.edu/pubs/judges-u-t-certification-toolkit. The approach to U visa certification by judges reflected in the sample has been used by judges across the country signing U visa certifications in protection order, custody, divorce, and other civil and criminal court cases for many years and certifications that adopt this approach are accepted by USCIS in U visa cases.

Published August 12, 2020 by

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[pdf] T Visa Quick Reference Guide For Judges (October 14, 2020) (+)

This document provides on overview of T visas for victims of human trafficking and serves as a quick reference guide discussing the role state, local and federal judicial officials are authorized by Congress to plan in signing T visa declarations on behalf of human trafficking victims that judges encounter in court. This document is part of the U Visa Certification and T Visa Declaration Toolkit for Judges.

Published October 14, 2020 by

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[pdf] USCIS Arrest Histories of U Visa Petitioners (April 2020) (+)

Report by USCIS documenting the low rates at which U visa applicants and their family members have histories of criminal arrests. The report discusses arrests of U visa victims that include stops by DHS officials for immigration violations which for this group of mostly undocumented victims at higher rates than any other form of criminal history.

Published April 2020 by

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[pdf] USCIS-Announces-New-Filing-Location-09.21-Update (+)

Starting June 29, 2020 USCIS is changing filing locations for U visa forms and Adjustment of Status Forms for U visa holders. The term that USCIS uses for lawful permanent residency is “adjustment of status”. USCIS will allow for a 30-day grace period for petitioners to file their U visa and Adjustment of Status forms, and all related forms, at the incorrect service center. The grace period will run through July 30. After that date, USCIS may reject any Form I-918, Form I-918A, Form I-918B, Form I-485, and all related forms sent to the incorrect service center. Visit https://niwaplibrary.wcl.american.edu/pubs/map-of-dhs-new-uscis-filing-locations for the corresponding color-coded map.

[Sep. 21, 2020 Update] Please note: Petitioners can file with I-765 Work Authorization and I-192 Advanced Permission to Enter as a Nonimmigrant applications with their U visa form concurrently. When filing concurrently, petitioners living in green states must file at the USCIS Nebraska Service Center and petitioners living in blue states must file at USCIS Vermont Service Center.

Published July 24, 2020 by

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[pdf] COP Continued Human Trafficking with CAST Presentation 8.13.20 (+)

This presentation is a continuation of NIWAP’s COP’s discussion on human trafficking with the Director of Legal Services from the Coalition to Abolish Slavery & Trafficking (CAST): Nagwa Ibrahim. This presentation includes information on the T Visa as well as how to assess difficult human trafficking cases and help immigrant victims of domestic violence and […]

Published August 13, 2020 by

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[pdf] T Visa Protections for Family Members (July 3, 2020) (+)

The following chart outlines each of the types T visas available to immigrant victims of human trafficking and their family members. Age-out protections are provided for T visa principal applicants and for the family members they included in their applications (derivatives) who are under 18 or 21 years of age.

Published July 3, 2020 by

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[pdf] T Visa Regulations 2002 and 2016 (June 23, 2020) (+)

This document compares and tracks with comments the evolution and regulatory history of the T visa regulations. It includes the full regulatory history preamble language from both sets of regulations. It interlineates the 2002 regulations to help users identify which parts of the 2002 regulations and the preamble supporting that language remain in effect after implementation of the 2016 regulations. It also identifies which parts of the 2002 regulations were substantially modified, overruled, or replaced by the 2016 regulations and crosses out those provisions and any preamble language that is no longer relevant after implementation of the 2016 regulations. This is a tool that will help lawyers, judges and the field better understand the T visa regulations, and their history and purpose so as to better serve victims of human trafficking.

Published June 23, 2020 by

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[pdf] Map of New USCIS Filing Locations for U Visa and Lawful Permanent Residency Forms (July 24, 2020) (+)

USCIS announced new filing locations for Form I-918 and Form I-485 for applicants filing based on U Nonimmigrant Status. This color-coded map shows which states must file at either the USCIS Nebraska or Vermont Service Centers. This information is current as of its publication date, July 24, 2020. For the most up-to-date information on the U visa form, filing instructions, and where to file, visit https://www.uscis.gov/i-918 .

Published July 24, 2020 by

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[pdf] Declaration of David B. Thronson Discussing Trauma and the Neurobiological Health and Well Being of Children (March 30, 2020) (+)

This Declaration was filed in U.S. District Court for the District of Columbia in O.M.G. vs Wolf on March 30, 2020. The Declaration discusses the dangers for children in DHS family detention centers, the risks posed by the COVID-19 pandemic and provides an excellent overview with social science research data support of the impact of trauma for immigrant children in their neurobiological, cognitive, and psychological development and children’s health and well-being. The affidavit also discusses the impact on immigrant children of the multiple traumas they have experienced across their lifetimes including both suffering abuse themselves and witnessing harms perpetrated on their parents. Additionally, the affidavit contains a discussion of the limited procedural protections children have in the U.S. immigration system including many children having to navigate the immigration court system without access to counsel. The declaration was submitted in support of a case seeking release of children and their parents from DHS family detention centers.

Published March 30, 2020 by

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[pdf] Seminario Web Auto-Petición VAWA PowerPoint (+)

Esta presentación explica los requisitos para la Auto-Petición VAWA. También la presentación incluye los requisitos para la VAWA Ley de Equidad de Inmigración de Refugiados Haitianos (HRIFA), Ley de Ajuste Cubana VAWA (CCAW), Suspensión / Cancelación de VAWA y Ley de ayuda Nicaragüense y Centroamericana (NACARA) VAWA. Toda la información es en español.

Published May 7, 2020 by ,

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[pdf] DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims)(Marzo 1, 2017) (+)

El Departamento de Seguridad Nacional ha producido una infografía que provee un resumen de protecciones legales para víctimas de crimen quien son adultos y niños. Esta infografía provee protección sobre inmigración para víctimas que sufren abuso en los estados unidos y/o en el extranjero. Las formas de alivio son: VAWA auto petición, Visa U, Visa T, Presencia Continua, Estado Especial de Inmigrante Juvenil (SIJS) y Asilo. Esta infografía tiene enlaces al sitio de web de DHS con materiales de entrenamiento e información sobre estos programas, formas de aplicaciones e instrucciones producido por el gobierno.

Published March 1, 2017 by

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[pdf] VAWA Self-Petition Webinar PowerPoint (+)

This presentation is an overview of VAWA Self-Petition and encompasses all of the basic information on VAWA Self-Petition qualifications and applications. It also breaks down several specific VAWA Self-Petitions based on country of origin, including VAWA HRIFA, VAWA NACARA, and VAWA CAA.

Published 4-22-2020 by

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[pdf] VAWA-Suspension-of-Deportation-Interliniated-Statute (+)

This document tracks amendments creating VAWA suspension of deportation in 1994 and amendments occurring to VAWA suspension of deportation by VAWA 2000 and VAWA 2005. Please note that VAWA suspension of deportation continues as an option for battered spouses and children of U.S. citizen and lawful permanent resident abusers despite the fact that suspension of deportation was removed from the Immigration and Nationality Act by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. The code section that used to apply to suspension of deportation including VAWA suspension of deportation was INA Section 244. When suspension of deportation was replaced by cancellation of removal the INA section that had been used for suspension of deportation was reassigned to Temporary Protected Status. Although the code section was eliminated from the INA for VAWA suspension of deportation the immigration relief remains available for battered immigrant spouses and children of US citizens and lawful permanent residents and VAWA suspension of deportation has continued to be improved in subsequent reauthorizations of VAWA.

Published January 14, 2013 by

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[pdf] Form EOIR 42B: Application for Cancellation of Removal for Certain Nonpermanent Residents (+)

This form is an Application for Cancellation of Removal for Certain Nonpermanent Residents. The application includes instructions as well as the application itself. The instructions review eligibility, burden of proof, required documents, fees, and filing.

Published February 2022 by

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[pdf] COP Human Trafficking 4.21.2020 (+)

This presentation covers screening for human trafficking victims. Commissioner Loretta Young and Judge Rosemary Collins (Ret.) discuss best practices when working with human trafficking victims. It also includes screening tools to assist victims of human trafficking and aid family law attorneys in their work.

Published 4-21-2020 by

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[pdf] USCIS Draft Form I-485SuppC- HRIFA (October 5, 2015) (+)

Draft Supplement to the application for adjustment of status to lawful permanent residence that was to be used for HRIFA (Haitian Refugee Immigration Fairness Act) applications including VAWA HRIFA. Has useful information is referred to on the USCIS website as of 4/21/20 as a resource. However, no final published version is available. Has useful information.

Published October 5, 2015 by

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[pdf] National Survey of Service Providers on Police Response to Immigrant Crime Victims, U Visa Certification and Language Access (April 16, 2013) (+)

This report explores police responses to immigrant victims of crime from the perspectives of various service providers, including legal services, pro bono attorneys, social service organizations, domestic violence/sexual assault programs, law enforcement and prosecutors’ offices. The data presented are based on the results of a nationwide survey of organizations serving immigrant victims of domestic violence, sexual assault and human trafficking. We assess the effect that a history of ongoing collaboration between victim and legal services agencies and law enforcement has on U Visa certification practices and language access to the justice system. The paper also examines the experiences of working with Limited English Proficiency (LEP) clients and language access in the field and during legal procedures. A key focus of this paper is to identify factors that support improved access to culturally and linguistically appropriate resources and services, including the identification of systemic barriers that impede access.

Published April 16, 2013 by

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[pdf] VAWA NACARA & VAWA HRIFA (March 9, 2020 (+)

Overview and training materials on Violence Against Women Act (VAWA) self-petitioning remedies under VAWA NACARA (Nicaraguan and Central American Relief Act) and VAWA HRIFA (Haitian Refugee Immigration Fairness Act) self-petitioning protections.

Published March 31, 2020

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[pdf] Violence Against Women Act 1994 -House Legislative History (November 20, 1993) (+)

This is the House Committee on the Judiciary legislative history of the Violence Against Women Act of 1994. It includes the legislative history of VAWA self-petitioning and VAWA suspension of deportation and the any credible evidence standard for adjudicating VAWA immigration cases including the Battered Spouse Waiver.

Published November 20, 1993

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[pdf] USCIS and Blue Campaign Continued Presence Pamphlet (+)

This brochure was produced by USCIS and the Blue Campaign to explain continued presence: temporary immigration designation for victims of human trafficking. It explains important contact information, facts about continued presence, and an overview of continued presence.

Published February 28, 2020

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[pdf] Obtaining Non-work Social Security Numbers Needed by VAWA Self-Petitioners to Maintain Public and Assisted Housing (2019) (+)

Under Section 214 Housing, VAWA Self-Petitioners are eligible for public and assisted housing; however, in order to obtain these housing benefits, VAWA Self-Petitioners must have a Social Security Number. This document explains the process of applying for a Non-Work Social Security Number which VAWA Self-Petitioners need until their petition is approved, and they can work […]

Published 11/07/2019 by

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[pdf] Battering or Extreme Cruelty in the Context of Elder Abuse from APS Tool Kit (+)

This document explains the Department of Homeland Security regulation’s description of battering or extreme cruelty in the context of elder abuse. It also provides a list of forms of elder abuse by the Center for Disease Control and Prevention that is consistent with DHS’ approach to battering or extreme cruelty. This two-page document is an […]

Published February 2014 by

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[pdf] U-Visa: “Helpfulness” Checklist (+)

This checklist has been developed to assist police, prosecutors, judges, commissioners, magistrates and other U visa certifying officials in identifying the wide range of ways an immigrant crime victim can provide helpfulness to justice system officials and government agencies in detection, investigation, prosecution, conviction or sentencing of U visa listed criminal activity. The document includes citations to U.S. Department of Homeland Security policies, regulations, guidance and training materials on U visa certification and helpfulness. A national team of law enforcement, prosecutors and judicial trainers with expertise and experience on the U visa contributed to the development of the list of examples of helpfulness included in this document based on their experience and expertise.

Published October 21, 2019 by ,

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*Resources for Foreign-born Student Victims

Immigration Relief for Crime Victims Pathways to Immigration Relief for Students Link: https://niwaplibrary.wcl.american.edu/pubs/screening-students-for-immigraiton-   protections/ Multilingual Materials for Victim and Advocates Link: https://niwaplibrary.wcl.american.edu/topic/multilingual-materials-language/ DHS Interactive Infographic on Protections for Immigrant Victims Link: https://niwaplibrary.wcl.american.edu/pubs/dhs-protections1-6-links-121516 Foreign-born Student Resources National Findings on University and College Responses to Foreign-born Student Victims Link: https://niwaplibrary.wcl.american.edu/pubs/national-findings-on-foreign-born-student-victims Foreign Born Student Victims of Sexual Assault, […]

Published October 24, 2019

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[pdf] Promoting Access to Justice for Immigrant and LEP Crime Victims in an Age of Increased Immigration Enforcement – National Report (May 3, 2018) (+)

Immigrant Access to Justice National Report – This report presents the results of a national survey conducted during October and November 2017 among judges, police, prosecutors, advocates and attorneys documenting whether and the extent to which increased immigration enforcement has been impacting access to justice for immigrant survivors of domestic violence, sexual assault, child abuse, elder abuse and human trafficking.

Published May 3, 2018 by

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[pdf] And Legal Services for All: Implementing the Violence Against Women Act of 2005’s New Path to Legal Services Corporation Funded Representation for Immigrant Survivors of Domestic Violence, Sexual Assault, Human Trafficking, and Other Crimes (+)

This article contains a detailed description of the history and purpose of access to legal services funded by the Legal Services Corporation (“LSC”) for immigrant victims of domestic violence, sexual assault, human trafficking and other U visa listed criminal activities. It provides a detailed analysis of the 2014 LSC regulations, policies and the services they provide to immigrant victims, and highlights the very real implications that a lack of legal services can have for individuals who need them most.

Published November 3, 2014 by

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[pdf] Department of Labor Field Assistance Bulletin 2011-1 Addendum (April 2, 2015) (+)

Addendum to FAB 2011-1 outlining the guidelines and procedures WHD will follow to determine when and whether to complete and certify Supplement B of an I-918 Petition for U Nonimmigrant Visa Status. This addendum expands the crimes WHD will consider in U visa certifications to include fraud in foreign labor contracting, extortion, and forced labor.

Published 04/02/2015

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[pdf] Nevada: U Visa Certification (2019) (+)

The state of Nevada approved the Assembly Bill 336 in 2019, concerning victims and witnesses, U Nonimmigrant Status, and Certification of Victim Helpfulness. This bill requires that law enforcement, prosecutors, judges or other state or local agencies authorized to sign U visa certifications sign U visa certifications within 90 days of the request (and 14 days if the victim requesting certification is age 20 or in immigration removal proceedings0 and include on the certification forms details about the crime victimization and the victims helpfulness. The law includes a presumption of helpfulness, bars agencies from placing any time limitations on how long ago the crime on which the certification request is based occurred, places limits on when a request can be denied or withdrawn, and requires development of language access protocols and annual reports to the Legislature on certification.

Published 06-14-2019 by

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[pdf] September 2018 Newsletter (+)

This issue includes:
– Upcoming Webinars
– Take the UNHCR and Center on Migration Studies 10-minute survey on the stateless population in the United States
– View NIWAP’s Memo on how the 2018 Gender-based Asylum policies do not affect survivors’ access to VAWA immigration remedies
– New Practices Advisory on Special Immigrant Juvenile Status Applications Published
– View the report: Vulnerable But Not Broken: Psychosocial Challenges and Resilience Pathways among Unaccompanied Children from Central America
– The Center on Immigration and Child Welfare issued important publications describing the impact that parental detention has on children in immigrant families
– Save the date: NIWAP will hold a national training for OVW grantees and potential grantees in August of 2019

Published September 17, 2018 by

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[pdf] February 2018 Newsletter (+)

In this issue: – New ICE policies on courthouse enforcement and VAWA Confidentiality – Call to sign Amicus Curiae brief to the board of immigration appeals on behalf of gender based asylum applicant

Published February 2018 by

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[pdf] October 2014 Newsletter (+)

In this issue:
– Demographics of Unaccompanied Minors in the United States
– Screening Children and Crime Victims for Immigration Relief Eligibility Using a Trauma Informed Approach
– Comparing Public Benefits for Forms of Immigration Relief
– Latest Developments at NIWAP
– Webinars, Publications, Trainings
– Student Corner

Published October 2014 by

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