Topic: Immigration

Materials and best practices regarding immigration.

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[pdf] Arguijo v. USCIS 7th Circuit Court of Appeals Decision (March 21, 2021) (+)

The Seventh Circuit overturned the District Court and ruled against USCIS in this case. The 7th Circuit handed down its decision on March 12, 2021 confirming that in the context of the Violence Against Women Act “stepchild” status survives divorce. Divorce between the natural parent and the abusive stepparent does not cut a stepchild victim off from VAWA immigration relief, including self-petitioning. NIWAP filed an Amicus Brief represented by K & L Gates LLP. The brief was submitted to the 7th Circuit Court of Appeals at the request of the National Immigrant Justice Center. This was a case of a battered immigrant step-child whose self-petition was denied by USCIS. Both the appellant step-child and her mother were abused by the victim’s citizen step-father including sexual abuse of his step-daughter. The step-child’s mother died related to the abuse she had suffered. USCIS and the BIA claimed that the victim’s step-parent/step-child relationship ends with divorce or death unless the child has a continuing relationship with the abuser. NIWAP’s amicus brief describes how the Immigration and Nationality Act statutory text does not provide an end date for the step-child step-parent relationship and that imposing one is contrary to the legislative history and purpose of the Violence Against Women Act and VAWA self-petitioning. The 7th Circuit agreed.

Published March 21, 2021

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[pdf] Rodriguez Tornes v. Garland, 9th Circuit – Domestic Violence Gender Based Asylum Opinion (April 5, 2021) (+)

In this opinion the 9th Circuit Federal Court of Appeals ruled that Rodrigues Tornes is eligible for gender based asylum because her domestic abusers (both her former husband and later another former intimate partner) persecuted her for her feminist opinions and views on her rights as a woman. In this case issued after both “Matter of A-B- I” and “Matter of A-B- II the 9th Circuit federal court of appeals ruled that a woman who was persecuted by domestic abusers because of a feminist political opinion is eligible for asylum in the United States. Importantly to win asylum the applicant Maria Luisa Rodriguez Tornes didn’t have to show that her feminist opinions played the sole or predominant role in her domestic abuse. Instead, she only had to show that her political opinion was “one central reason” in the abuse. In a concurrence Judge Richard Paez criticized the Board of Immigration Appeals for ignoring evidence that Rodriguez was targeted on account of her feminist political opinion. The concurring opinion also found that “the Board also ignored extensive record evidence from a leading authority on domestic violence that directly rejected the Board’s premise that domestic violence is presumed to be motivated by nothing more than the private dynamics of a “personal relationship.”” NIWAP submitted an Amicus Brief in the case, https://niwaplibrary.wcl.american.edu/pubs/rodriguez-tornes-gb-asylum-domestic-violence that was quoted in the concurring opinion by the 9th Circuit. NIWAP was represented by DLA Piper who wrote the amicus brief on NIWAP’s behalf.

Published May 12, 2021 by

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[pdf] Immigration Consequences of Maryland Offenses (April 9, 2021) (+)

s chart was written principally by Maureen A. Sweeney of the Chacón Center for Immigrant Justice at Maryland Carey Law. The current update was developed in collaboration with Faiza Chappell and Leslye E. Orloff, NIWAP, American University, Washington College of Law. The most up-to-date version of this chart can be accessed at the following link: https://www.law.umaryland.edu/media/SOL/pdfs/Programs/Immigration%20Consequences%20of%20Maryland%20Offenses%20-updated%20April%202021.pdf.

Published April 9, 2021 by ,

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[pdf] USCIS U Visa Report Technical Appendix (2020) (+)

USCIS published this technical appendix to accompany the series of U visa reports it published in 2020. The reports are: USCIS U Visa Report: U Visa Filing Trends (April 2020) https://niwaplibrary.wcl.american.edu/pubs/u-visa-filing-trends; USCIS: Trends in U Visa Law Enforcement Certifications, Qualifying Crimes and Evidence of Helpfulness (July 2020) https://niwaplibrary.wcl.american.edu/pubs/u_visa_lea-certs-report; USCIS: U Visa Demographics: U Visa Report (March 2020) https://niwaplibrary.wcl.american.edu/pubs/uscis-u-visa-demographics; and USCIS Arrest Histories of U Visa Petitioners (April 2020) https://niwaplibrary.wcl.american.edu/pubs/uscis-u-visa-victim-arrest-histories

Published 2020 by

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[pdf] Trafficking Social Science Research Data Sources Chart (January 25, 2021) (+)

This chart reviews 100 research articles and reports on human trafficking in the United States. It tracks for each article the source of the primary data that the article is relying upon and whether or not the article has a bibliography. This chart should be read together with the report “Social Science Human Trafficking Research Findings: Tools for Courts which describes which of these research reports are most reliable. If you need assistance obtaining any of the research reports cited in this chart contact NIWAP at info@niwap.org.

Published January 25, 2021 by

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[pdf] Expanding the Toolbox for Children in Immigrant Families- Tips and Tools for Child Welfare and Children’s Courts- NCJFCJ_03.23.21 (+)

NIWAP Director Leslye Orloff and Judge Susan Breall from the San Francisco Superior Court presented a webinar with the National Council of Juvenile and Family Court Justice on tips and tools for child welfare and children’s courts for children in immigrant families. The webinar covered U and T visa certifications, seeking/making state court findings required […]

Published 03.23.2021 by

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[pdf] J.A. v Wolf – NIWAP Amicus Step-Child Case (July 24, 2000) (+)

“Amicus on in Jennifer Arguijo v. Wolf” NIWAP represented by K & L Gates LLP, filed an amicus brief in the 7th Circuit Court of Appeals at the request of the National Immigrant Justice Center in a case of a battered immigrant step-child whose self-petition was denied by USCIS. Both the appellant step-child and her mother were abused by the victim’s citizen step-father including sexual abuse of his step-daughter. The step-child’s mother died related to the abuse she had suffered. USCIS and the BIA claimed that the victim’s step-parent/step-child relationship ends with divorce or death. NIWAP’s amicus brief describes how the Immigration and Nationality Act statutory text does not provide an end date for the step-child step-parent relationship and that imposing one is contrary to the legislative history and purpose of the Violence Against Women Act and VAWA self-petitioning. (July 29, 2020).

Published July 24, 2020 by

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[pdf] Comparing VAWA Suspension of Deportation, VAWA Cancellation of Removal, VAWA Nicaraguan and Central American Relief Act (NACARA), and VAWA Self-Petitioning Chart (January 28, 2021) (+)

This chart provides an overview that compares the eligibility requirements, inadmissibility waivers and exclusions, and access to immigraiton relief, work authorization, lawful permanent residency, public benefits and the ability to protect include family members in the protections received between four of the forms of immigraiton relief created by the Violence Against Women Act to protect immigrant victims of spouse abuse, child abuse and elder abuse. Three of the forms of immigration relief VAWA cancellation of removal, VAWA suspension of deportation, and VAWA NACARA are applications that may only be filed in immigration court after the victim has been placed in removal, deportation or exclusion proceedings. Victims who are in removal proceedings may at the same time file VAWA self-petitions. In cases of abusive citizen spouses or parents, once the self-petition has been granted the victim can seek adjustment of status to lawful permanent residency from the immigration judge.

Published April 28, 2020 by

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[pdf] Comparing VAWA Haitian Refugee Immigrant Fairness Act of 1998 (“VAWA HRIFA), VAWA Cuban Adjustment Act and VAWA Self-Petitioning Chart (January 28, 2021) (+)

This chart compares the three forms of immigration relief created by the Violence Against Women Act (VAWA) that offer remedies for immigrant victims of spouse abuse and child abuse the ability to apply for lawful permanent residency.1 This side-by-side comparison chart compares three different forms of VAWA self-petitions: 1) VAWA Haitian Refugee and Immigrant Fairness Act self-petitions (VAWA HRIFA);2 VAWA Cuban Adjustment Act self-petitions;3 and Self-petitions filed by abused spouses, children and parents of U.S. citizens and lawful permanent residents

Published April, 28, 2020 by

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[pdf] Nebraska U and T Visa Certification and Continued Presence Neb Rev Stat 29-217 (November 14, 2020) (+)

Nebraska’s U and T Visa Certification Law effective 11/14/20. This law addresses both U and T visa certification and requests for continued presence. The law requires that law enforcement, prosecutors, judges and any other state or local agency authorized to sign certifications in U and T visa cases within 90 days or receiving requests. Additionally, in cases of victims of human trafficking when an agency reasonably believes an individual is a victim of a severe form of human trafficking the law encourages agencies within 90 days to request that federal law enforcement officials complete continued presence requests for the victim. Requires that certifying agencies keep internal records of requests for certifications, certifications and requests for continued presence.

Published November 14, 2020 by

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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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