This is a map and chart showing whether or not courts will consider the parental fitness factor in determining the Child’s best interests and whether there is a statute governing that.
Topic: Immigration
Materials and best practices regarding immigration.
Narrow your search:
- Asylum
- VAWA Self-Petition
- DACA
- Battered Spouse Waiver
- U Visa and Immigrant Crime Victims
- T Visa & Human Trafficking
- Special Immigrant Juvenile Status (SIJS)
- Board of Immigration Appeals and Immigration Judges
- Any Credible Evidence
- Children Status Protection Act
- Defense of Marriage Act
- Enforcement and Detention
- International Marriage Broker Regulation Act
- Lawful Permanent Residency and Naturalization
- Screening, Checklists, and Comparison of Immigration Relief
- State Immigration Legislation
- Student Visas
- VAWA Cancellation & Suspension
- Work Authorization
- VAWA NACARA
- VAWA Cuban Adjustment Act
- VAWA HRIFA
- Eligibility of Visa Holders' Spouses for Work Authorization
- Trafficking Victims Protection Act
- Visa Holder Abused Spouses
- Index of Significant Training Materials on Immigration Relief for Immigrant Crime Victims and Children
- Index of Significant U and T Visa Training Materials
- VAWA NACARA
- Humanitarian Parole
- Gender-Based Persecution
- DV Victim Waiver
[pdf] Appendix Q 09 – Best Interests – Parental Cooperation Conflict (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the parental cooperation and conflict factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 08 – Best Interests – Joint Custody (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the joint custody factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 07- Best Interests of the Child – Family Violence (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the family violence factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix R – Custody in Protection Orders Proceedings (+)
This Appendix provides a state-by-state summary of the state laws that govern the inclusion of custody awards when state courts issue civil protection orders on behalf of domestic violence and child abuse victims.
[pdf] Appendix S – Using Declaratory Judgment In Family Law Matters (+)
This Appendix provides a summary of cases in which state issued declaratory judgments in family law related matters. It discusses the use of declaratory judgments in matters related to children, marriage, and divorce.
[pdf] Appendix T – Declaratory Judgments – Cases By Topic & State (+)
This Appendix is document that collects case law from states across the country illustrating the wide range of circumstances in which state courts apply state declaratory judgment statutes to issue declaratory judgments on family law matters. It explains a chart that provides helpful illustrative information for courts and attorneys in cases of immigrant children seeking Special Immigrant Juvenile Status (SIJS) findings.
[pdf] Appendix V – Guardianship Appointment of Guardian Chart (+)
This Appendix summarizes the common themes in State definitions regarding the appointment of a guardian.
[pdf] Appendix W – When Guardianship Terminates (+)
This Appendix provides State law definitions of termination of guardianship. The purpose is to help judges to identify when a guardianship is permanent and what are the reasons under state law to terminate the guardianship.
[pdf] Appendix Z- Glossary of Terms (November 15, 2017) (+)
This appendix is a glossary of terms that give brief descriptions of terms are relevant to assisting adult and child immigrant victims of domestic violence, sexual assault, dating violence, stalking, human trafficking, elder abuse, and immigrant children who have suffered child abuse, abandonment or neglect. The terms are organized alphabetically.
[pdf] Appendix Q 06 – Best Interests Continuity and Stability of Child Factor (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the Continuity and Stability of Child factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 05 – Best Interests – Child’s Wishes (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the Child’s Wishes factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 04 – Best Interests – Child’s Needs (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the Child’s Needs factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 03 – Best Interests – Child’s Family Relationships (December 29, 2017) (+)
This is a map and chart showing whether or not courts will consider the Child’s Family Relationship factor in determining the Child’s best interests and whether there is a statute governing that.
[pdf] Appendix Q 02 – Best Interests – Catch-All (December 29, 2017) (+)
This is a map and a chart that depict various states and the factors they consider when determining the best interests of a child
[pdf] Appendix Q 01 – Best Interests of the Child All Factors (December 29, 2017) (+)
This is a map and a chart illustrating different jurisdictions and the factors theyuse when determining the best interests of the child in custode cases as well as whether these are governed by Statute.
[pdf] Appendix Q – Best Interests of the Child Matrix (December 29, 2017) (+)
This a table that is drawn up to show the general categories of “best interest” factors that apply in each US state and territory for custody determinations
[pdf] Appendix P – State Law Definitions of Forced Marriage as Child Abuse (+)
This document provides the definition of forced Marriage in various states and provides the similarities between forced marriage and child abuse.
[pdf] Appendix O – States Definitions of Child Endangerment as More Severe Than Neglect (+)
This is a chart the provides a summary of common themes in state definitions of child endangerment and compares the statutory language with child neglect..
[pdf] Appendix N – Domestic Violence Includes Child Abuse and Child Neglect (+)
This is a chart that is drawn up to make it easier for judges to identify how child abuse is included in the forms of domestic violence that are covered by domestic violence protection order and criminal domestic violence laws
[pdf] Appendix M – State Law Definitions of Child Neglect (+)
This is a chart that shows different state law definitions of child neglect and summarizes the common themes in them. This was developed to help courts identify when other state have statutory language similar to their state statute
[pdf] Appendix L- Abandonment of Children State Statutes Definitions (+)
This is a summary of certain common themes that run through the definitions of abandonment as used in different state courts.
[pdf] Appendix H – DHS SIJS Brochure (+)
This Appendix provides a short overview of SIJS
[pdf] Appendix G – DHS Immigrants Options for Victims of Crime (English) (+)
This Appendix provides a snapshot of immigrant’s options for victims of crime.
[pdf] Appendix C – TVPRA-SIJ Neufeld Memo (+)
This memorandum will inform immigration service officers working Special Immigrant Juvenile (SIJ) petitions about new legislation affecting adjudication of petitions filed for SIJ status.
[pdf] Appendix B – SIJS Legislative History (+)
This Appendix discusses the legislative history and the evolution of SIJS statutory protections.
[pdf] Appendix A – SIJS Statutory and Regulatory Provisions (+)
This appendix provides courts easy access to the SISJ statute, USCIS implementing policies and those portions of the USCIS regulations that have not been superseded by statute.
[pdf] 5.8 Chapter V-8 – Paternity Quick Reference Guide (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in paternity and parentage proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in paternity and parentage proceedings and common case scenarios. It also briefly discusses the procedural consideration and best practices for SIJS findings in paternity cases.
[pdf] 5.7 Chapter V-7 – Guardianship Quick Reference (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in guardianship proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in guardianship proceedings and common case scenarios. It also briefly discusses the procedural consideration and best practices for SIJS findings in guardianship cases.
[pdf] 5.6 Chapter V-6 – Dependency Quick Reference (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in dependency proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in dependency proceedings and common case scenarios. It also briefly discusses the procedural consideration and best practices for SIJS findings in dependency cases.
[pdf] 5.5 Chapter V-5 – Delinquency Quick Reference (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in delinquency proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in delinquency proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in delinquency cases.
[pdf] 5.4 Chapter V-4 – SIJS in Declaratory Judgment Cases Quick Reference (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in declaratory judgment cases. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in declaratory cases and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in declaratory cases.
[pdf] 5.3 Chapter V-3 – Custody Quick Reference Guide (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in proceedings involving custody and child support. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in custody and child support proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in custody case.
[pdf] 5.2 Chapter V-2 – Civil Protection Orders Quick Reference Guide (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings in civil and criminal protection orders proceedings. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It discusses SIJS in civil and criminal protection order proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in protection orders.
[pdf] 5.1 Chapter V-1 -Adoption Quick Reference (+)
This Chapter provides an overview of Special Immigrant Juvenile Status findings involving termination of parental rights and adoption. It explains the meaning of SIJS, the requirements, and the eligibility status for SIJS. It further discusses the termination of parental rights in adoption proceedings and common case scenarios. It also briefly discusses the procedural consideration like service of process and best practices for SIJS findings in adoption cases.
[pdf] 4. Chapter IV – Application of the Best Interest of the Child Standard in SIJS (+)
This Chapter provides an overview of congressional and immigration policy framework for Special Immigrant Juvenile Status. It discusses the practical guide in determining the best interest standard in SIJS. It further explains the best interest standard in light of custody, and placement. Lastly, the chapter discusses reunification as a factor used by state courts in determining SIJS application of the best interest standard in SIJS.
[pdf] 3. Chapter III – Abuse, Abandonment, or Neglect – The Role of State Law Definitions in Special Immigrant Juvenile Status Findings (+)
This Chapter of the manual provides an overview of how state courts apply the state law definitions of “abuse,” “abandonment,” and “neglect” in issuing SIJS findings as part of state court orders. It discusses how courts should apply the state law definitions of abuse, abandonment, and neglect to the facts that occurred outside and inside of the United States. It also explains the state law definition of the abuse, abandonment, and neglect ad highlight the common themes in the state law definition of these terms. The chapter provides an overview of the helpful charts included as appendices to this manual that provide the state-by-state details and a national multi-state overview of how each of the following terms are described in the law of each of the U.S. states and jurisdictions.
[pdf] 2. Chapter II: Details About Special Immigrant Juvenile Status (SIJS) Findings (+)
This Chapter provides an overview of the findings required by State Court in determining eligibility for SIJS. It discusses the findings like – Dependency, reunification, abuse, neglect or abandonment and similar basis under the State law.
[pdf] 1. Chapter I – Introduction to Special Immigrant Juvenile Status (+)
This Chapter provides an overview of the Special Immigrant Juvenile States as a form of immigration relief that helps immigrant children who have suffered abuse, abandonment or neglect perpetrated by a parent. It discusses this federal immigration program, its history, and the role of the state courts in SIJS cases. It also discusses the federal immigration adjudication process and how state courts will encounter SIJS eligible children in the wide range of cases that in which SIJS eligible children appear before state courts.
[pdf] Civil Immigration Enforcement Actions Inside Courthouses (January 10, 2018) (+)
Superseded by: https://niwaplibrary.wcl.american.edu/pubs/ice-and-cbp-courthouse-enforcement. This policy issued by U.S. immigration and Customs (ICE) enforcement sets out policies regarding civil immigration enforcement at federal, state and local courthouses. This policy requires that ICE immigration enforcement officers will only conduct civil immigration enforcement at court houses against immigrants who are targeted for immigration enforcement due to criminal convictions, gang membership, national security, public safety threats or when the immigrant has been ordered removed from the United States. Persons accompanying the targeted immigrant to court including family members and friends will generally not be subject to immigration enforcement. Civil enforcement is to be avoided in non-criminal court cases include family law cases and civil cases and require prior supervisory approval.
[pdf] Chapter 1: Intro and Overview (+)
This chapter introduces the Special Immigrant Juvenile Status path to lawful permanent residence and outlines the role of state courts in the process.
[pdf] San Francisco Superior Court Civil Division U-Visa Certification Protocol 10-27-17 (+)
This U-Visa Certification Protocol adopted by the Superior Court of California, San Francisco County for the Civil Division is a model that can be adopted by courts across the country. The policy cites and is fully consistent with DHS policies, regulations and publications on U visa certification.
[png] SJI Logo (+)
[pdf] U and T Certification Training Materials (+)
List of training materials on U and T Visa Certification
[pdf] Miami -National Consortium -National Judge’s Conference Powerpoint (+)
[pdf] Evolution of United States Immigration Policy (1991) (+)
Chapter by William Tamayo discussing the evolution of U.S. immigration policies covering the history and purpose of U.S. immigration laws from 1860 through 1991. William R. Tamayo, The Evolution of United States Immigration Policy, in DOMESTIC VIOLENCE IN IMMIGRANT’ AND REFUGEE COMMUNITIES: ASSERTING THE RIGHTS OF BATTERED WOMEN IV-1 (1991).
*Training Tools for Prosecutors on the U Visa, VAWA and Criminal Court Discovery (June 2023)
AEquitas, The Prosecutor’s Resource on Violence Against Women and the National Immigrant Women’s Advocacy Center, American University, Washington College of Law have created tools for prosecutors working on cases involving immigrant crime victims. The development of these tools was funded by the Office on Violence Against Women, U.S. Department of Justice. What’s Immigration Status Got […]
November 3, 2017: Rockford, IL “What do State Courts Need to Know about Immigration and Why: Human Trafficking and Family Violence”
Training Materials PowerPoint Presentations for Training Technical Assistance Flyer Immigration Relief for Crime Victims and Children Know Your Rights Information DHS Interactive Infographic on Protections for Immigrant Victims Immigration Options for Victims of Crime -DHS Brochure Multilingual Materials for Victims and Advocates Pathways to Immigration Relief for Students Forms of Immigration Relief Bench Card: Overview […]
[pdf] Legal Protections and Forensic Considerations for Immigrant and Refugee Child Victims (Powerpoint) (+)
[pdf] DHS Protections for Immigrant Victims – Russian (+)
СРЕДСТВА ЗАЩИТЫ ДЛЯ ИММИГРАНТОВ – ЖЕРТВ ПРЕСТУПЛЕНИЙ
[pdf] DHS Infographic – Chinese (中文) (+)
DHS Infographic – Chinese (中文)
[pdf] DHS PROTEÇÕES PARA VÍTIMAS IMIGRANTES – (Protections for Immigrant Victims) [pdf] (+)
O Departamento de Segurança Interna produziu uma infográfico que fornece um resumo das proteções legais para vítimas de crimes que são adultos e crianças. Este infográfico fornece proteção de imigração para vítimas de abuso nos Estados Unidos e / ou no exterior. As formas de alívio são: VAWA, visto U, visto T, presença contínua, status […]
[pdf] How to Advocate for Public and Assisted Housing for Your Battered Immigrant or Trafficking Survivor Client (2017) (+)
*Winning Custody Cases for Immigrant Survivors: the Clash of Laws, Cultures, Custody and Parental Rights (2017)
Veronica T. Thronson, Carole Angel, Soraya Fata, Rocio Molina, Benish Anver, Kalli Wells and Leslye E. Orloff, Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights. 9 Fam. & Intimate Partner Violence Q. 2-3, 1-169 (2017) This article discusses a wide range of topics that arise in custody cases […]
[pdf] Connecticut U Visa Law Enforcement Protocol (June 22, 2010) (+)
The Connecticut Officer Standards and Training Council issued a detailed protocol setting out U and T visa certification policies and training requirements for law enforcement agencies in Connecticut. General Notice 10-01. “Adoption of a Uniform Connecticut Law Enforcement Protocol for Treating Victims of Family Violence Whose Immigration Status is Questionable.” This implements the provisions of Connecticut Code Section 46b-38b(e)(5) which requires that every police department in the state designate at least one official responsible for U visa certification who assist immigrant victims with U visa certification.
[pdf] Connecticut U Visa Certification Statute (2010) (+)
Connecticut Code Section 46b-38b(e)(5) requires that every police department in the state designate at least one official responsible for U visa certification who assist immigrant victims with U visa certification. The statute further requires that the Police Officer Standards and Training Council issue detailed U visa certification protocols that are to be adopted by each law enforcement agency in the state. See General Notice 10-01 “Adoption of a Uniform Connecticut Law Enforcement Protocol for Treating Victims of Family Violence Whose Immigration Status is Questionable.”
[pdf] California: New and Existing State and Federal Laws Protecting Immigrnat Victims of Crime (October 28, 2015) (+)
Policy issued by the State of California Attorney General on U visa certification in California.
[pdf] California Penal Code 679.10 U Visa Certification (+)
California law governing U visa certification by police, prosecutors, judges and other certifying officials. Effective date January 1, 2016.
*California’s U Visa Certification Law (Penal Code Section 679.10)
California’s Immigrant Victims of Crime Equity Act (SB 674; California Penal Code Section 679.10) became law on January 1, 2017. Implementing policy for the California Attorney General: New and Existing State and Federal Laws Protecting Immigrant Victims of Crime October 28, 2015. Immigrant Legal Resource Center (ILRC) Publications on California’s U Visa Certification Law ILRC fact […]
*Trafficking FAQs
Identifying Trafficking I am not sure if my client is a trafficking victim. What should I be looking for? Identifying a trafficking victim is complicated, particularly because of the misconceptions about human trafficking. The following is the definition of a severe form of trafficking in persons under the Trafficking Victims Protection Act (TVPA): Sex trafficking […]
[pdf] The Department of Homeland Security’s Interactive Infographic on Protections for Immigrant Victims (+)
The Department of Homeland Security (DHS) released an infographic detailing the protections afforded to immigrant victims. This interactive infographic describes qualifications and benefits for each form of immigration relief designed to help immigrant victims. When you click on each form of relief, a link takes you to a DHS webpage with further information, brochures and […]
*Police Executive Research Forum’s Summer 2017 Newsletter Article: “U Visas and the Role of Local Police in Preventing and Investigating Crimes Against Immigrants”
The Police Executive Research Forum’s summer 2017 newsletter,Subject to Debate, contains a wealth of information on immigration issues and is available here: https://www.policeforum.org/assets/docs/Subject_to_Debate/Debate2017/debate_2017_junaug.pdf. With support from the Carnegie Corporation, this special issue pays particular attention to the police role in U Visas. Our article explores the potential for using the U Visa to build trust with […]
[pdf] Housing Provider Determinations of Battered or Extreme Cruelty for I-130 Applicant Battered Spouses and Children (+)
[pdf] VAWA Self-Petitioning Survey Findings Excerpts (February 12, 2014) (+)
*Guide to Obtaining U Visa Certifications Practice Advisory (July 2017)
The Immigrant Legal Resource Center has produced a great resource on U visa certification that includes an overview of state U visa laws and pending legislation. “This practice advisory outlines some suggestions and resources for immigration advocates working with law enforcement agencies to obtain law enforcement certification for U Visa applicants. It also includes a […]
[pdf] May/June 2015 Sheriff Magazine Article: Immigrant Crime Victims, Language Access, and the U and T Visas: Free Training and Resources (+)
[pdf] Chapter 3.1: What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims (+)
[pdf] Chapter 3.2: Certifying Early: When Should You Sign a U or T Visa Certification for a Victim? (+)
[pdf] Attorney General Guidelines for Victim Witness Assistance (2005) (+)
[pdf] The Categories of “Dual Intent” Nonimmigrant Visas Anticipate That Immigrants Can Permanently Remain in the United States (+)
[pdf] Re: PM-602-0110: VAWA Amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children (+)
NIWAP’s response in support of the memo that included comments for further clarification and instructions regarding the adjudication of such applications. USCIS issued a policy memorandum implementing the provisions of VAWA 2005 and 2000 granting continuing eligibility to apply for lawful permanent residency without the help or knowledge of their abusive spouse to abused spouses […]
[pdf] U Visa Law Enforcement Certification Resource Guide for Federal, State, Local, Tribal and Territorial Law Enforcement (January 2012) (+)
This is the original version of the U visa resource guide published by DHS it is available on the DHS website at https://www.dhs.gov/xlibrary/assets/dhs_u_visa_certification_guide.pdf. It was updated in 2015 to include more information to address questions certifiers were commonly asking for clarification from DHS and to expand the guide to be more useful to judicial certifiers and certifiers from state and federal government agencies who were not police or prosecutors. The updated version of this guide is available at https://niwaplibrary.wcl.american.edu/pubs/dhs-updated-u-certification-resource-guide-2015/
[pdf] Board of Immigration Appeals Decision on Regarding Children, Brain Development and Trauma (May 22, 2017) (+)
Board of Immigration Appeals decided that young-adults, under extraordinary circumstances, may file for asylum after the 1-one-year period passes. (June 6, 2017)
[pdf] Attached Cases for BIA in Violence Against Women Act Cases Consideration Report (+)
*New U and T Visa Application and Certification Forms (December 6, 2021)
December 2021 The United States Citizenship and Immigration Services released updated U visa application and certification forms. The new forms include the criminal activities added by the Violence Against Women Act 2013 – stalking and fraud in foreign labor contracting. The certification form will also be more certifier friendly for a broader range of U […]
[pdf] Department of Homeland Security: U Visa Immigration Relief for Victims of Certain Crimes: An Overview for Law Enforcement (February 2017) (+)
The U.S. Department of Homeland Security published a tool that provides an overview for law enforcement and other government agencies (including judges) authorized by the U Visa statutes, regulations and policies to sign U visa certifications. The overview describes the role of a certifier, what constitutes U Visa criminal activity, which government agencies are eligible to certify, who can sign a certification, when a certification may be signed, tips for completing the certification, and includes phone numbers, websites and resources available to assist certifiers from DHS and United States Citizenship and Immigration Services.
[pdf] Law Enforcement and Prosecution Best Practices: Immigrant Crime Victims, Language Access and the U Visa (+)
[pdf] Law Enforcement Materials for Advocacy in Action 2017 (+)
[pdf] Slides Webinar Immigrant Victim Access Federally Assisted Housing (February 22, 2017) (+)
PowerPoint presentation slides for the webinar on access to public and assisted housing, shelter and transitional housing for immigrant victims of domestic violence, sexual assault, stalking, dating violence, trafficking, abused and abandoned immigrant children and immigrant homeless. The document included the PowerPoint presentation and the cover list of documents distributed with the webinar.
[pdf] Cash Assistance Program for Immigrants (CAPI) (+)
[pdf] Pre-Natal Care for Qualified Immigrants_2.16.17.NewMexico (+)
Prenatal Care Chart New Mexico
[pdf] Pre-Natal Care for Qualified Immigrants_2.16.17.Hawaii (+)
Prenatal Care Chart Hawaii
[pdf] Post-Assault Healthcare and Crime Victim Compensation_2.16.17.NewMexico (+)
Post Assault Health Care Chart New Mexico
[pdf] Post-Assault Healthcare and Crime Victim Compensation_2.16.17.Hawaii (+)
Hawaii Post Assault Health Care Chart
[pdf] Emergency Medicaid for Non-Qualified Immigrants_2.16.17.NewMexico (+)
New Mexico Emergency Medicaid Chart
[pdf] Emergency Medicaid for Non-Qualified Immigrants_2.16.17.Hawaii (+)
Hawaii Emergency Medicaid Chart
[pdf] Coverage for Forensic Costs for Undocumented Immigrants_2.16.17.NewMexico (+)
New Mexico Forensic Exam Chart
[pdf] Coverage for Forensic Costs for Undocumented Immigrants_2.16.17.Hawaii (+)
Hawaii Chart Forensic
[pdf] VAWA Confidentiality Statutes, Legislative History and Implementing Policy (Updated June 7, 2022) (+)
This document contains the full statutory, legislative history, and history of policies issued by the U.S. Department of Homeland Security, the Immigration and Naturalization Service, Immigration and Customs Enforcement, U.S. Citizenship and Immigration Services and the Office of Principal Legal Advisor at Immigration and Customs Enforcement. Includes a discussion of the ICE Courthouse enforcement policy issued in January 2018 and ICE and CPB Sensitive locations policies as they affect immigrant victims of domestic violence, sexual assault, dating violence, stalking, child abuse and human trafficking.
[pdf] USCIS Policy Manual Special Immigrant Juvenile Status (Dec 14 2016) (+)
This document is the training manual developed by USCIS used by USCIS officials responsible for adjudicating Special Immigrant Juvenile Status (SIJS).
February 24, 2017: “Enhanced Safety Planning for Immigrant Survivors of Domestic and Sexual Violence” (Webinar)
Abusers often use the threat of immigration enforcement as a way to maintain power and control and to make victims less likely to seek protection. For this reason, it is important for advocates to understand how to: help immigrant survivors become aware of their rights; identify special immigration remedies for victims, including special VAWA provisions around confidentiality; and how to prepare […]
[pdf] Early Identification of Victims and VAWA Confidentiality Presentation (2.24.17) (+)
*State-By-State Immigrant Access to Health Benefits
Federal law provides access to various medical benefits for both qualified and unqualified immigrants: Qualified immigrants include: (1) LPRs, including Amerasian immigrants; (2) refugees, asylees, persons granted withholding of deportation/removal, conditional entry, or paroled into the U.S. for at least one year; (3) Cuban/Haitian entrants; (4) certain victims of trafficking; and (4) battered spouses and […]
*VAWA Confidentiality Protections for Immigrant Crime Victims (Update March 8, 2021)
This page contains useful information about VAWA confidentiality protections for immigrant crime victims. For up-to-date additional materials and case law follow these links: VAWA Confidentiality Training Materials (November 17, 2023) Training Materials – VAWA Confidentiality and Discovery in Family & Criminal Court Cases – Materials List (November 17, 2023) VAWA confidentiality was designed to enhance […]
[pdf] US DOJ Memo Case Processing Priorities 01 31 2017 (+)
This memorandum serves to rescind the February 3, 2016, memorandum (“Revised Docketing Practices Relating to Certain EOIR Priority Cases”) and the March 24, 2015, memorandum (“Docketing Practices Relating to Unaccompanied Children Cases and Adults with Children Released on Alternatives to Detention Cases in Light of New Priorities”).
*Spouses Battered or Subjected to Extreme Cruelty by A, E (3), H or G Visa Holders Are Eligible to Apply for Work Authorization (February 14, 2017)
February 14, 2017 Announcement from NIWAP and Raksha USCIS is now accepting employment authorization applications from abused immigrant spouses of H, G, A and E (3) visa holders. The Violence Against Women Act of 2005 amended Section 106 of the Immigration and Nationality Act to provide access to legal work authorization for abused spouses of […]
[pdf] USCIS Memo: Eligibility for Employment Authorization for Battered Spouses of Certain Nonimmigrants (March 8, 2016) (+)
United States Citizenship and Immigration Service USCIS revisions to adjudicators manual and policy memo implementing VAWA 2005’s creation of access to work authorization for immigrant spouses and children subjected to battery or extreme cruelty by their work visa holder (A, E(3), G or H) spouse or parent. It is important to note that these victims also receive VAWA confidentiality protection.
[pdf] NCJFCJ Conference Presentation: Protection for Immigrant Children: SIJS and Beyond (+)
[pdf] USCIS Policy Manual – Vol 6-7-Part J SIJS Full (+)
*Evidence Checklists For Work With Immigrant Survivors (February 11, 2017)
NIWAP has developed a number of checklists that assist attorneys and advocates working with immigrant survivors to prepare for a variety of legal cases on behalf of immigrant survivors. Some of the following checklists are geared toward preparing to accompany a victim who will be applying for state or federal public benefits that the victim […]