Topic: Immigration

Materials and best practices regarding immigration.

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[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/

Published January 2012 by

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*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 […]

Published March 22, 2017

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[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.

Published February 2017 by

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[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.

Published February 22, 2017 by ,

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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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