Topic: Immigration

Materials and best practices regarding immigration.

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[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.

Published June 7, 2022 by

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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 […]

Published February 23, 2017

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*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 […]

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*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 […]

Published February 16, 2017

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[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”).

Published January 15, 2017 by ,

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*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 […]

Published February 14, 2017

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[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.

Published March 8, 2016 by

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*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 […]

Published February 12, 2017

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[pdf] Pathways to Immigration Relief for Students (June 20, 2014) (+)

Brochure discussing the various forms of immigration relief that lead to lawful permanent residency that may be available for immigrant children and youth. This tool should be used by advocates, attorneys, teachers, school personnel and university staff to screen children and young people for forms of immigration relief that includes pathways to lawful permanent residency.

Published June 20, 2014 by

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*Tools for Advocates Assisting Immigrant Crime Victims in Immigration Cases

Identifying Immigration Options for Immigrant Survivors How to Prepare Your Case Through A Trauma Informed Approach: Tips on Using the Trauma Informed Structured Interview Questionnaires for Family Court Cases Developing a survivor’s story is a critical component of preparing for any case in which a client has a history of domestic violence, sexual assault, dating violence, […]

Published February 8, 2017

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*Sample DACA Application & Biometrics Letter

Deferred Action for Childhood Arrivals (DACA) materials from Public Counsel – Sample biometrics letter, closing letter, and sample DACA application. Public Counsel Sample Biometrics Letter For DACA Applicants Sample biometrics letter explaining how a DACA applicant should go about completing a CIS biometrics request and what to do if s/he is turned away by the Application Support Center. Public Counsel Sample DACA […]

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[pdf] BIA Amicus Brief on Recent Research Concerning the Neurobiological, Cognitive, and Psychological Development of Children and Adolescents (July 11, 2016) (+)

This Amicus brief was submitted to the Board of Immigration Appeals and addresses an important issue presented by Amicus Invitation No. I 6-06-09, focusing on how the term “minor” should be defined and understood by the Board in child asylum cases in light of the substantial body of recent research concerning the neurobiological, cognitive, and psychological development of children and adolescents. This brief will focus on the significant and deleterious effect trauma and
maltreatment have on that development, including the impact of impaired development on the readiness of child migrants to file asylum applications.

Published July 11, 2016 by ,

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*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 […]

Published February 2, 2017

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[pdf] Form I-730 (+)

Form I-730 must be filed by petitioners seeking immigration relief for refugee or asylee relatives. This form expires on April 30, 2017, however, it remains current until an updated form is released.

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[pdf] Form I-589 (+)

Form I-589 must be filed by petitioners seeking asylum. This form expired on December 31, 2016, however, it remains current until an updated version is issued.

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[pdf] T Visa Declaration (Certification) I-914 Supplement B Instructions (December 2, 2021) (+)

U.S. Citizenship and Immigration Services T Visa Declaration (Certification ) Form for use by law enforcement, prosecutors, judges and other government agencies in assisting victims of human trafficking filing T visa applications. The Declaration provides helpful evidence in support of the trafficking victim’s application for a T visa.

Published January 18, 2017 by

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[pdf] I-360 Form (+)

The I-360 form is to be filed by victims of domestic violence perpetrated by a U.S. citizen or lawful permanent resident spouse or parent or U.S. citizen adult son or daughter to receive immigration relief. This form expires on 3/31/18, however, this form will remain in effect until a new form is issued.

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[pdf] Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (November 17, 1997) (+)

Department of Justice Guidance, issued in 1997 implementing 1996 laws (The Personal Responsibility and Work Opportunity Act -PRWORA and the Illegal Immigration Reform and Immigrant Responsibility Act IIRAIRA) that together govern immigrant access to federal and state public benefits. These interim guidance have remained in effect since 1997. Although a proposed rule was published in 1998, that proposed rule was never promulgated or finalized. As a result these interim guidance continue to govern regarding the application process for public benefits for immigrants and at what point in the process benefits application process and under what circumstances are state and federal public benefits granting agencies authorized to contact DHS regarding immigration status eligibility for public benefits purposes. The interim guidance contains detailed information on public benefits eligibility for battered immigrants in Attachment 5 Exhibit B which also discusses the battered immigrant deeming exception, abused step-child eligibility for VAWA suspension of deportation and cancellation of removal; and discusses applying the “any credible evidence” standard to prove battery or extreme cruelty. It is important to note that the old fax based system for verification for battered immigrants has been replaced by the SAVE system which has special rules for how verification is conducted in cases of abused immigrants and immigrant crime victims to protect VAWA confidentiality.

Published November 17, 1997 by

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[pdf] Instructions for T Visa Declaration (Certification) Form I-914, Supplement B (January 18, 2017) (+)

Instructions for filling out Form I-914, Supplement B, Declaration (Certification) to be used by law enforcement, prosecutors, judges and other government agencies signing declarations/certifications that provide evidence in support of a victim of human trafficking’s application for a T visa.

Published January 18, 2017 by

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*Access to Public and Assisted Housing VAWA Self-Petitioners (October 2022)

January 26, 2017 (Update 2022) As a key part of the Violence Against Women Act (VAWA) passed by Congress in 1996 and 2003, battered immigrant spouses and children abused by their U.S. citizen or lawful permanent resident spouses or parents who had filed applications for immigration relief under VAWA have access to public and assisted […]

Published December 22, 2016

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[pdf] HUD VAWA Self-Petitioner Cover Letter (December 22, 2016) (+)

Cover letter to memo from HUD Acting General Counsel to Secretary Castro clarifying that certain immigrant victims battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent spouses have satisfactory immigration status to apply for and access Section 214 public and assisted housing including public and multifamily housing.

Published December 22, 2016 by

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[pdf] Eligibility of VAWA Self-Petitioners for Financial Assistance Under Section 214 of the Housing and Community Development Act of 1980 (December 15, 2016) (+)

This memo from HUD’s General Counsel to Secretary Castro clarifies HUD’s position on the rights of certain noncitizens who are battered or subject to extreme cruelty by a spouse or parent, who is a Untied States Citizen or lawful permanent resident (LPR), to apply for and receive assistance under Section 214 of the Housing and Communality Development Act. Specifically it clarifies that VAWA self-petitioners can indicate they are in “satisfactory immigration status” when applying for assistance or continued assistance from Section 214-covered housing providers (this includes public and multifamily housing). Under this memo VAWA self-petitioners, VAWA cancellation of removal, VAWA suspension of deportation and approved family based visa petition applicants who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse or parent are able to stay in public and assisted housing units when the abuser is removed from the unit by a protection order and will also be able to apply for 214 benefits. Battered immigrant spouses and children of citizens and lawful permanent residents will no longer be subject to proration.

Published December 15, 2016 by

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[pdf] ICE OPLA VAWA Confidentiality and Immigration Relief for Crime Victims Training (November 11, 2016) (+)

This notice reports on the trainings conducted by the Immigration and Customs Enforcement’s Office of Principal Legal Advisor on VAWA Confidentiality and immigration protections for victims for ICE Assistant chief counsel and Enforcement and removal officers. The goal of this training was to ensure that all ICE Trial Attorneys and the Assistant Chief Counsel they report to are aware of the requirements of VAWA confidentiality and the protections available to immigrant crime victims under the VAWA, T visa, and U visa programs and under the 2011 Victim Witness Memo. The document lists the process for contacting the ICE Office of Chief Counsel for problems with particular cases and the point of contact at OPLA on VAWA confidentiality.

Published December 21, 2016 by

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[pdf] Executive Summary: National Findings on University and College Responses to Foreign-born Student Victims (October 27, 2016) (+)

This document discusses the findings of a survey conducted focusing on foreign-born students who are victims of sexual assault, dating violence, domestic violence, stalking, human trafficking, and sexual harassment. The students surveyed were: undocumented, DACA, F/M/J visa holders, VAWA/ U/ T visa holders, or lawful permanent residents.

Published 10/27/16 by

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[pdf] Full Report: National Findings on University and College Responses to Foreign-Born Student Victims (October 27, 2016) (+)

This document discusses the results of a survey conducted on foreign-born student-victims of sexual assault, dating violence, domestic violence, stalking, human trafficking, and sexual harassment. It looks at the types of individuals and organizations that these victims approach for help and suggests ways to improve reporting. The students surveyed were either: undocumented, have DACA, have F/J/M visas, have VAWA/ U/ T visas, or are lawful permanent residents.

Published 10/27/16 by

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[pdf] Interim and Supportive Measures to Help and Protect Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking and Sexual Harassment (April 2, 2018) (+)

This document suggests various interim measures for colleges, universities, high-schools, elementary schools, and other educational institutions to utilize when assisting foreign born students who have been victims of sexual violence, dating violence, and stalking. This discusses the types of interim measures that would be useful for students with varying immigration statuses, including: F, M, and J visa holders, DACA, VAWA, T and U visa, and undocumented students.

Published 10/28/16 by

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*Evidence Checklists

Checklists of evidence for various immigration benefits needs. T-Visa Document and Evidence Checklist  U Visa Evidence Checklist  Evidence List for Immigrant Victims Applying for the Crime Victim Visa (U-Visa)  Evidence Checklist for Immigrant Victims Applying for VAWA Cancellation of Removal (English) 2008  Self-Petitioning Checklist (Spanish) 2008 Listas de Documentos para Mujeres Maltratadas Immigration Protection Screening […]

Published November 15, 2016

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*Reasons why DACA can help immigrant crime victims

Summary of reasons why DACA can be beneficial for certain immigrant crime victims. Many immigrant survivors of domestic violence, sexual assault, and human trafficking who are eligible to apply for immigration relief under the Violence Against Women Act (VAWA) and the Trafficking Victims Protection Act (TVPA)–and their derivatives–also qualify for the new deferred action program […]

Published November 14, 2016

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*Trafficking Victims Protection Act and Reauthorization Acts

Trafficking Victims Protection and Reauthorization Act of 2008 Trafficking Victims Protection and Reauthorization Act of 2008: Statute (As Enacted) Trafficking Victims Protection and Reauthorization Act of 2008, H.R. 7311 (Analysis of Selected Sections (§§ 105, 201, 204, 205, 211, 212, 238) Prepared by Legal Momentum) Trafficking Victims Protection and Reauthorization Act of 2005 Trafficking Victims Protection and […]

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*State Definitions of Child Abuse and Neglect

For purposes of Special Immigrant Juvenile Status Cases when immigrant children are seeking state court findings for SIJS predicate orders, states are to apply state court definitions of abuse and neglect to the facts of the child’s case without regard to the location where the abuse or neglect occurred in the U.S. or abroad. The […]

Published November 7, 2016

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[pdf] Regulatory History: Prosecutorial Discretion (10-24-05) (+)

Early DHS memos on prosecutorial discretion memo superseded by ” Civil Immigration Enforcement: Guidance on the Use of Detainers in the Federal, State, Local, and Tribal Criminal Justice Systems” (November 29, 2014) available at https://niwaplibrary.wcl.american.edu/pubs/imm-gov-icememodetainerpolicy-12-21-12/

Published October 24, 2005

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[pdf] VAWA Reauthorization 2013 Changes to U Visa and Adjustment of Status (+)

Interim Guidance policy memorandum implementing VAWA 2013 statutory changes to the U visa program. This memo adds new crimes, discusses age out protections for U visa children, the public charge exception for VAWAs, Ts and Us, U visa adjustment of status improvements, and access to foster care and unaccompanied refugee minor programs for certain u visa recipients.

Published June 15, 2014

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[pdf] USCIS Implements VAWA Cuban Adjustment Act Amendments Providing Continuing Eligibility for Abused Spouses and Children (+)

USCIS issued this 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 and children of Cubans who have applied for lawful permanent residency under the Cuban Adjustment Act (CAA) or who qualified under the CAA but obtained lawful permanent residency thought another type of immigration case. To qualify an abused immigrant must be the spouse/child of a Cuban national described in the CAA. When the Cuban spouse meets these conditions: the abused spouse/child may self petition for lawful permanent residency even if they are separated from the abuser and if still married to the abusive Cuban spouse or if less than two years have passed since the abusive Cuban spouse’s death or the termination of their marriage to the abused spouse.

Published July 29, 2016 by

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[pdf] Response to Recommendations on Parole for Eligible U Visa Principal and Derivative Petitioners Residing Abroad (+)

“USCIS plans to implement a policy for principal U visa petitioners on the waiting list who reside abroad and any qualifying derivative family members who reside abroad to request parole to enter the United States while the principal U visa petitioner is on the waiting list. USCIS recognizes that the U visa provides lawful immigration status to a vulnerable population, and USCIS believes that this population will be better served through an established and streamlined process to request parole.”

Published August 18, 2016 by ,

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[pdf] Parole for Eligible U Visa Principal and Derivative Petitioners Residing Abroad (+)

Report by the Department of Homeland Security’s Ombudsman recommending The Ombudsman that:
1. Consistent with its regulations, USCIS should afford parole to eligible U petitioners and family members on the waiting list who reside abroad by creating a policy to facilitate entry into the United States while waiting for a visa to become available.
2. The parole policy created by USCIS should allow for concurrent filings of the U visa petitions and requests for parole.
3. Cases should be adjudicated at the Vermont Service Center, where U petitions currently are processed, to ensure consistent and effective adjudication, and where Congress expressly authorized the placement of the adjudication of vulnerable populations.

USCIS agreed on September 7, 2016 to that it will allow Waitlist approved U visa victims and the family members they included in their applications are eligible to apply for humanitarian parole into the United States.

Published June 16, 2016 by

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[pdf] USCIS Accepts the Ombudsman’s Recommendation to Adopt Parole Policy for U Visa Petitioners and Family Members (+)

DHS announcement confirming the USCIS will accept humanitarian parole applications for wait list approved U visa victims and the family members the U visa victims included in their U visa application. This policy promoted family unity and victim protection. Helps U visa victims who may be harmed by perpetrators abroad enter the U.S. promoting their safety and facilitating their cooperation in criminal investigations and prosecutions.

Published September 7, 2016 by

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[pdf] SNAPS In Focus: Addressing the Needs of Human Trafficking Victims (2016) (+)

Discusses action plan for serving human trafficking victims. Includes a discussion of the HUD requirement that housing and service providers that they must not turn away immigrants experiencing homelessness or victims of domestic violence or human trafficking, on the basis of their immigration status, from certain housing and services necessary for life or safety – such as street outreach, emergency shelter, and short term housing assistance including transitional housing and rapid rehousing funded through the Emergency Solutions Grants (ESG) and CoC Programs.

Published August 29, 2016 by

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[pdf] Services Available to Victims of Human Trafficking: A Resource Guide for Social Services Providers (2012) (+)

Provides an overview of the state and federally funded benefits and services available to victims of human trafficking. Includes access to public benefits offered by HHS, USDA, HUD, USDOJ, SSA, DOL, and DOE (Education).

Published May 2012 by

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[pdf] Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls (August 2016) (+)

This article discusses legal options for immigrant girls and immigrant women who are recent immigrants to the United States. It provides an overview of legal immigration relief options including the VAWA self-petition, U Visa, T Visa, Special Immigrant Juvenile Status (SIJS) and Deferred Action for Childhood Arrivals. The article provides a detailed legislative history of SIJS, discusses the importance of trauma informed screening of immigrant children for immigration relief eligibility, and provides an overview of help that Legal Services Corporation funded programs can provide to immigrant children who have suffered battering, extreme cruelty, sexual assault or human trafficking. Importantly the article provides a detailed discussion of the special role state family and juvenile courts play and legal issues that arise in state court proceedings that are a prerequisite to a child’s ability to file a case seeking SIJS immigration relief.

Published August 2016 by

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[pdf] Slides from “Advocates’ Introduction to Gender-Based Asylum for Survivors of Domestic Violence and Sexual Assault” (+)

These slides will be presented during the webinar entitled “Advocates’ Introduction to Gender-Based Asylum for Survivors of Domestic Violence and Sexual Assault” presented by the National Immigrant Women’s Advocacy Project (NIWAP) in partnership with Tahirih Justice Center, American Gateways and California Coalition Against Sexual Assault (CALCASA) on May 6, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/GBAasylum.

Published May 4, 2016 by ,

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