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.
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
*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, […]
*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 […]
[pdf] Report of the ICE Advisory Committee on Family Residential Centers: RECOMMENDATIONS ONLY (+)
The list of recommendations determined by the Advisory Committee on Family Residential Centers making recommendations on Immigration and Customs Enforcement’s Family Residential Detention Centers
[pdf] Report of the ICE Advisory Committee on Family Residential Centers (October 7, 2016) (+)
Full Report and recommendations of the Advisory Committee on Family Residential Centers making recommendations on Immigration and Customs Enforcement’s Family Residential Detention Centers
[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.
[pdf] Identification and Monitoring of Pregnant Detainees (August 15, 2016) (+)
U.S. Immigration and Customs Enforcement Policy that pregnant women will generally not be detained by immigration officials absent extraordinary circumstances.
*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 […]
[pdf] DHS Continued Presence Brochure (+)
The Department of Homeland Security has published this brochure to provide information on continued presence, a temporary immigration status for victims of human trafficking.
[pdf] I-730 Instructions (+)
The Department of Homeland Security released instructions to assist petitioners in filing I-730.
[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.
[pdf] I-589 Instructions (+)
The Department of Homeland Security published instructions to assist asylum seekers in filing Form I-589.
[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.
[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.
[pdf] T Visa Declaration (Certification) Form I-914 Supplement B (December 2, 2021) (+)
This is the T Visa Declaration (Certification) form to be completed by law enforcement, prosecutors, judges and other government officials to provide supportive evidence to a victim of human trafficking applying for a T visa. Issued December 2, 2021
[pdf] T Visa Application for Family Member Form I-914 Supplement A (December 2, 2021) (+)
This I-914 A Form is the application to be filed in T visa cases for the family members of trafficking victims filing for T visas.
[pdf] Policy Memo Extension of T & U Visa Status (+)
The Department of Homeland Security issued this policy memorandum to provide guidance about extensions of status for T and U nonimmigrants, including any related applications for adjustment of status.
[pdf] I-918 Supplement B Instructions (December 2021) (+)
The Department of Homeland Security issued instructions to assist U-visa petitioners in completing I-918 Supplement B to certify nonimmigrant status.
[pdf] Form I-918 Supplement B (March 2017) (+)
Form I-918 Supplement B must be signed by an authorized official of the certifying law enforcement agency in order to file for U visa immigration relief. (March 2017)
[pdf] Form I-910 Supplement A (+)
Form I-918, Supplement A can be filed to petition for immigration relief as a qualifying family member of a U visa recipient. It expired on January 31, 2016, however, it remains in force until an updated form is issued.
[pdf] I-360 Checklist (+)
The Department of Homeland Security has provided an optional checklist to assist petitioners filing an I-360 form.
[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.
[pdf] Blue Campaign: Make the Connection Supporting and Stabilizing Victims of Human Trafficking (+)
DHS Blue Campaign outreach and educational brochure for NGO’s and Faith Based groups working with human trafficking survivors.
[pdf] Blue Campaign: Make the Connection. Close the Case. (+)
USICIS victim support factsheet on supporting and stabilizing victims to enable case investigation and prosecutions for law enforcement, first responders, and healthcare professionals.
[pdf] Blue Campaign: What Can You Do? (NGOs and Faith-based Organizations) (+)
USCIS factsheet on supporting and stabilizing victims of human trafficking NGOs and faith-based organizations.
[pdf] Blue Campaign: What Can You Do? (LEA, First Responders, Healthcare Professionals) (+)
USICIS factsheet on identifying victims and reporting suspected cases of human trafficking for law enforcement, first responders, and healthcare professionals.
[pdf] Blue Campaign: What Can You Do? (Judicial) (+)
USICIS factsheet on recognizing and supporting trafficking victims in the courtroom.
[pdf] USCIS Blue Campaign Brochure (+)
USCIS brochure on its Blue Campaign program that is responsible for working in collaboration with law enforcement, government, and NGOs to protect victims and arrest exploiters involved in human trafficking.
[pdf] Blue Campaign: Information for Law Enforcement Officials – Immigration Relief for Victims of Human Trafficking and Other Crimes (+)
Information about the forms of immigration relief and the distinct roles that HSI, USCIS, and law enforcement officials play in assisting victims of human trafficking and other crimes.
[pdf] Blue Campaign: Human Trafficking 101 (+)
USCIS factsheet on human trafficking and risk factors
[pdf] Blue Campaign: Human Trafficking 101 for School Administrators and Staff (+)
USCIS factsheet on human trafficking and risk factors for school administrators and staff.
[pdf] U.S. Government Fact Sheet on Female Genital Mutilation or Cutting (FGM/C) (+)
[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.
[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.
[pdf] USCIS Brochure for Victims: Immigration Relief for Abused Children (+)
USCIS brochure on special immigrant juvenile status (SIJS) describing special immigration protections for immigrant children who have been abused, abandoned, or neglected by one or both of their parents. The abuse could have happened in the U.S. or abroad.
[pdf] Operation U Visa PowerPoint (PDF) (+)
Operation U Visa PowerPoint (PDF)
[pdf] Road Map to Safer Communities PowerPoint (PDF) (+)
Road Map to Safer Communities PowerPoint (PDF)
[pdf] Advocate’s Role in VAWA and U Visas PowerPoint (December 2016) (+)
Advocate’s Role in VAWA and U Visas PowerPoint (December 2016)
[pdf] Advanced Custody PowerPoint (PDF) (+)
Advanced Custody PowerPoint (PDF)
[pdf] Advanced Immigration PowerPoint (PDF) (+)
Advanced Immigration PowerPoint (PDF)
[pdf] Exploring Social Cultural and Faith Communities as Allies PowerPoint (PDF) (+)
Exploring Social Cultural and Faith Communities as Allies PowerPoint (PDF)
[pdf] Identifying Immigration Options Powerpoint (PDF) (+)
Identifying Immigration Options Powerpoint (PDF)
*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 […]
[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.
[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.
[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.
[pdf] How the Justice System can Respond to Intersections of Immigration Status, Gender, and Culture (Powerpoint PDF) (+)
How the Justice System can Respond to Intersections of Immigration Status, Gender, and Culture (Powerpoint PDF)
[pdf] Sexual Assault, Dating Violence, and Stalking on Campus: When Foreign-born Victims Become Targets (Powerpoint PDF) (+)
Sexual Assault, Dating Violence, and Stalking on Campus: When Foreign-born Victims Become Targets (Powerpoint PDF)
[pdf] Opening Plenary – Addressing Culture: Systematic Responses to Underserved Immigrant Populations (+)
Opening Plenary – Addressing Culture: Systematic Responses to Underserved Immigrant Populations
[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.
[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.
[pdf] Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “M” Visa Holders (October 27, 2016) (+)
This document explains the requirements of the M visa and suggests interim measures that educational institutions may provide foreign born student victims of sexual assault, dating violence, stalking, and sexual harassment.
[pdf] Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “J” Visa Holders (October 27, 2016) (+)
This document discusses the requirements of the J visa and suggests possible interim measures educational institutions may use to assist foreign born student victims of sexual violence who carry the J visa.
[pdf] Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking, and Sexual Harassment: Special Needs of “F” Visa Holders (October 27, 2016) (+)
This document discusses the specific needs of foreign born student victims of sexual assault who carry an F visa. It explains the requirements of the visa and possible interim measures educational institutions can provide to assist these students.
[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.
*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 […]
*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 […]
*Out of the Shadows (DHS Blue Campaign PSA)
This PSA was developed by the Department of Homeland Security for its Blue Campaign, which fights human trafficking. Please share widely! The link address is: https://youtu.be/yKQSXv5Efvg
*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 […]
*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 […]
[pdf] U-Visa Statute Section 1513 In VAWA 2000 (+)
Original U-visa statue text including the Congressional Findings and Purpose.
[pdf] Victims of Trafficking and Violence Protection Act of 2000 (+)
Conference report on the TVPA and reauthorization of 2000.
[pdf] Alternative Fax-Back Form for Immigrant Eligibility Verification (DHS)-Page 3 (1997) (+)
Application for a battered spouse or child who has self-petitioned.
[pdf] Public Benefits for U Visa Applicants (2015) (+)
Public benefits that U visa victims can access are very limited. This fact sheet discusses the public benefits that are available to U visa victims largely through state funded public benefits in a limited number of states.
[pdf] Immigrant Crime Victim Visas: Law Enforcement’s Tool to Strengthen Community Policing (2-18-15) (+)
Webinar in collaboration with the Battered Women’s Justice Project
[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/
[pdf] Beyond DACA: Pathways to Immigration Relief for Students (November 12, 2014) (+)
Webinar Co-led by NIWAP and the University of Michigan.
[pdf] Considerations for the Board of Immigration Appeals in Violence Against Women Act Cases (February 19, 2013) (+)
Report on the handling of Violence Against Women Act Cancellation of Removal cases by the Board of Immigration Appeals and a call for setting up a specialized panel of judges at the BIA to review all VAWA cases.
[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.
[pdf] Immigrant Crime Visas: Law Enforcement’s Tool to Strengthen Community Policing (+)
Webinar in collaboration with BWJP
[pdf] All Things U Visa – Open Forum (August 25, 2016) (+)
[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.
[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.”
[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.
[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.
[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.
[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).
[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.
[pdf] Resource List (+)
Resources list for U Visa certification.
[pdf] Opinion on the Department of Homeland Security’s Authority to Prioritize Removal of Certain Aliens (+)
The Department of Homeland Security’s Authority to Prioritize Removal of Certain Aliens Unlawfully Present in the United States and to Defer Removal of Others. A memorandum opinion for the secretary of Homeland Security and the Counsel of the President.
[pdf] Beyond DACA Pathways to Immigration Relief for Students (+)
[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.
[pdf] Congressional Research Service, Immigration Provisions of the Violence Against Women Act (VAWA) (May 15, 2012) (+)
Report by William A Kandel of the Congressional Research Service Report on how VAWA provisions work, critiques of Immigration provisions, requirements, concerns, and current legislation. Discusses the legislative history and implementation of battered spouse waiver, the VAWA self-petition, and the U visa.
[pdf] Slides from “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” (+)
These slides were presented by Leslye Orloff in a keynote address entitled “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” at Youngstown State University on March 31, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.
[pdf] Slides from “Expanding Legal Representation of Immigrant Survivors in Immigration and Family Law” (+)
These slides were presented in Leslye Orloff’s workshop “Expanding Legal Representation of Immigrant Survivors in Immigration and Family Law” at Community Legal Aid’s Akron, OH office on March 30, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.
[pdf] Work Authorization for Spouses of Visa Holders – DHS Policy Memo (+)
This policy memorandum was issued by DHS on March 8, 2016 and provides guidance on the eligibility for work authorization of spouses of certain kinds of visa holders if they or their children have been abused. The categories of visas to which this applies are as follows: A-1, A-2, A-3, E-3, G-1, G-2, G-3, G-4, G-5, H-1B, H-1B1, H-2A, H-2B, H-3, and H-4.
[pdf] Bipartisan Women Made Anti-Violence Act Happen (+)
Article by Ann Moline Women’s Enews correspondent, on the collaboration between Democratic and Republican Senate staff who led Senator Kennedy and Abraham’s work on the Violence Against Women Act of 2000’s immigration protections including the creation of the U and T Visas and improvements to VAWA self-petitioning, VAWA cancellation of removal and VAWA suspension of deportation.
[pdf] Untold Stories VAWA 1994: Cases Documenting Abuse By U.S. Citizens and Lawful Residents of Immigrant Spouses (+)
The original story book and research report collected and presented to Congress support VAWA 1994 immigration protections creating VAWA self-petitioning and VAWA suspension of deportation.
[pdf] Slides from U Visa Consular Processing: How to Get Qualifying Family Members to the U.S. (+)
These slides were presented by Edna Yang, Rocio Molina, and Mercedes Lorduy at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from Complex Issues that May Arise When Filing a U Visa Application: Inadmissibility, Derivative Applications, and Waitlists (+)
These slides were presented by Edna Yang and Mercedes V. Lorduy at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from Evidence of Coercive Control: Proof of Extreme Cruelty in Immigration Cases and Power and Control Dynamics in Family Law Cases (+)
These slides were presented by Mary Ann Dutton, Rocio Molina, and Commissioner Loretta Young at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from U Visas Crime Fighting Tool: Tips, Tools, and Certification for Law Enforcement and Prosecutors Working With Immigrant Survivors (+)
These slides were presented by Officer Michael LaRiviere, Detective Shelli Sonnenberg, and Bill Tamayo at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from How to Obtain U Visa Certification in Family and Criminal Courts (+)
These slides were presented by Commissioner Loretta Young, Judge Mary Weir, and Leslye E. Orloff at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from A Trauma Informed Approach to Attorney/Client Relationships and Collaborations: Strategies for Divorce, Custody, Protection Orders, and Immigration Cases (+)
These slides were presented by Mercedes V. Lorduy, Mary Ann Dutton, and Aparna Bhattacharyya at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from U Visa 101: Nuts and Bolts of the Application and Certification (+)
These slides were presented by Rocio Molina, Benish Anver, and Aparna Bhattacharyya at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from Special Immigrant Juvenile Status Explained: Obtaining Family Court Orders for Under 21 Year Old Family and Sexual Violence Survivors (+)
These slides were presented by Leslye Orloff, Commissioner Loretta Young, and Judge Mary Weir at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] U Visa LEP Training for LE and Prosecutors NSA 2016 (+)
This workshop was presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Sheriff’s Association Winter 2016 Conference in Washington, D.C. The slides aim enhance officer, victim, and community safety using language access and certification programs including the U and T Visas.
[pdf] Law Enforcement and Prosecution Best Practices: Immigrant Crime Victims, Language Access and the U Visa Slides (NCVC Anaheim Training 2015) (+)
These slides were presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Center for Victims of Crime 2015 Training Institute. The slides aim to educate law enforcement, prosecutors, and other victim service providers about their role in providing services to immigrant crime victims, including providing U visa certification and T visa endorsement.
[docx] SJI Training Material – Minnesota (+)
A handout of the material distributed in the judge’s training in Minnesota. Interest in this training arose as a result of our work with judges in Minnesota on U visa certification by judges. Leslye Orloff and Judge Lora Livingston presented at this training in December 2015. NIWAP worked with the Judicial Education Program Manager to identify which areas needed to be addressed and issues the judges were most interested in learning more about.
[pdf] DHS U and T Visa Law Enforcement Resource Guide Updated November 30, 2015 (+)
Updated November 30, 2015, the Department of Homeland Security published an updated resource guide to clarify and further explain the role of certifying agencies in the U and T visa application process. This guide addresses concerns, answers common questions, and provides accurate information on signing I-918B and I-914B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or prosecutorial authority. The guide provides information on what U and T visas are, discusses U visa qualifying criminal activities and severe forms of trafficking in persons, explains the standard for “helpfulness” and “reasonable request for assistance”, and has many more important tips and information about the U and T visa.