Training materials for victim advocates and attorneys on U and T visa cases and U and T visa certification. Includes links to know your rights information for survivors, Tools on U and T visa cases and toolkits for certifiers, information on VAWA confidentiality for U and T visa cases, DHS resources, webinars, and more.
Immigration > U Visa and Immigrant Crime Victims
Topic: U Visa and Immigrant Crime Victims
Materials for U Visa and immigrant crime victims.
[pdf] Understanding the Judicial Role in U Visa Certification (Winter 2018) (+)
Article published in the American Journal of Family Law discussing U visa certification by judges, its statutory, legislative and regulatory history and purpose. The article reviews U visa certification case law and judicial ethics opinions and discussed the extent to which court cases and ethics opinions are consistent with and follow or fail to consider U visa statutes, regulations, legislative history, and USCIS policies and publications on the U visa.
[pdf] Washington U and T Visa Certification Statute (2024) (+)
The state of Washington approved the Alien Victims of Crime Act in 2024, which outlines the certification process in that state for immigrant victims of crime. This Washington state law requires law enforcement, prosecutors, judges, hearing officers, and other state and local agencies including the department of labor and industries and the department of social services and health to sign U and T visa certifications. Requires that certification requests be processed within 90 days or receipt unless the victim is in removal proceedings in which case the response is required within 14 days. For victim children the agency must respond to requests within 90 days but no later than 14 days before the date the child turns age 21. Requires that agencies designate certifiers, keep written records of the number of certifications received, denied, approved, and withdrawn, develop a language access plan, and nondisclosure of personally identifying information about victims requesting certification. The law requires that the state set up a crime victim certification steering committee.
[pdf] Minnesota U Visa Certification Law (2023) (+)
The Minnesota state U and T visa certification law requires law enforcement agencies in Minnesota to respond to U and T visa requests within 90 days and within 14 days if the victim is in removal proceedings. Requires law enforcement agencies to designate certifiers, respond timely to requests for certification, conduct outreach informing the community about certification, keep records of requests, implement language access plans and prohibits disclosure of information about persons seeking certification.
[pdf] Connecticut General U Visa Statute (2014) (+)
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 2023 AB1261 Chapter 679 (+)
California law governing U visa certification by police, prosecutors, judges and other certifying officials. Updated in October 2023.
[pdf] Maryland: U Visa Certification (October 1, 2019) (+)
Maryland’s U Visa certification requires state and local law enforcement agencies, prosecutors, child protective services, commission on civil rights, the department of labor and other state agencies responsible for the detection, investigation or prosecution of cases involving criminal activities to sign U visa certifications. The law requires certification when the victim has been, is being or likely to be helpful in the detection, investigation, or prosecution of criminal activity. The agency shall complete the certification within 90 days and shall include details about the criminal activity, a description of the victim’s helpfulness, and provide copies of documents that help the victim prove substantial harm. If the victim is in removal proceedings the response to the certification request must be completed in 14 days. The law limits disclosure of information about persons seeking certification.
[pdf] Virginia U and Visa Certification Law (2024) (+)
Virginia bill SB 1468 was signed into law by Governor Ralph Northam on March 31, 2021, and effective beginning July 1, 2021. This bill provides immigrant crime victims with clarity regarding the process for requesting a U visa certification form from local and Virginia state law enforcement agencies. It provides time restraints on law enforcement responses to certification requests and provides certification seekers with a remedy in state court for a wrongfully denied request. State Bill No. 1468
[pdf] US Virgin Islands U and T Visa Certification Law (2019) (+)
The U.S. Virgin Islands 2019 law governing U visa certifications issued by the Attorney General’s Office.
[pdf] Utah: U Visa Certification Law (2024) (+)
Utah’s 2024 law governing U visa certification requirements for law enforcement, prosecutors, courts, and other state government officials. Includes statutory definition of the law enforcement, prosecutors, and courts in the state of Utah to which the U visa certification law applies. The Utah law is consistent with the federal law definitions of “certifying official” and “qualifying criminal activity” and requires that Utah government officials adopt federal guidelines in assessing victims’ helpfulness. Includes record keeping requirements and contains confidentiality protections.
[pdf] Rhode Island: U and T Visa Certification Law (2017) (+)
Statutory requirements for law enforcement agencies for responding to U visa certification requests in the State of Rhode Island.
[pdf] Hennepin County Attorney’s Office U Visas and T Visas Certification Policy (Full Policy)(January 8, 2024) (+)
The Hennepin County Attorney’s Office in March of 2024 implemented a U and T visa certification policy that is both fully consistent with DHS policies, regulations, and publications on the U and T visa programs and adopts a victim centered trauma informed approach to the U and T visa certification process. It serves as a model prosecution office policy that is clear, transparent, and is designed to address and inform that public about how the agency wants to receive certification requests which is consistent with prosecutors’ discovery obligations. This policy furthers victim protection goals and the prosecutor’s office’s important work to hold offenders accountable for their crimes.
[pdf] *August 8, 2024 CJI Webinar – Improving Access to Justice for Immigrant Survivors of Domestic Violence, Sexual Assault, Stalking, and Human Trafficking (+)
Webinar Description: During the webinar, NIWAP and CJI provided an overview of different immigration relief and public benefits for immigrant survivors, including: VAWA, SJIS, U Visas, and T Visas. Also discussed issues commonly raised by perpetrators in child custody and divorce cases as well as language access for limited English proficient survivors. This webinar was sponsored by the Center for Justice Innovation for Justice for Families Grantees.
[pdf] NM Supreme Court Issues Order Against Disclosure of Immigration-Related Information of Noncitizen Crime Victims (May 7, 2024) (+)
Press release from the New Mexico Administrative Office of the Courts on New Mexico Supreme Court’s issuance of two orders of superintending control quashing subpoenas that compelled that an immigrant victim turn over the contents of their U visa and T visa immigration case files to the perpetrator in the criminal case that the state brought against perpetrators of child trafficking and child sexual assault. The New Mexico Supreme Court also ordered that materials from the U and T visa files previously produced needed to be destroyed. Full opinion to be issued by the New Mexico Supreme Court at a later date. In one case the trial court ordered the U visa victim to turn over their immigration case file and in the second case the trial court ordered the victim’s immigration counsel to turn over the victim’s T visa case file. Both orders were reversed.
[pdf] Ramirez v. Marsh, S-1-SC-39966, New Mexico Supreme Court Writ of Superintending Control (Marsh) (May 7. 2024) (+)
New Mexico Supreme Court issued two orders of superintending control quashing subpoenas that compelled that an immigrant victim turn over the contents of their U visa and T visa immigration case files to the perpetrator in the criminal case that the state brought against perpetrators of child trafficking and child sexual assault. In this case the New Mexico Supreme Court also ordered that materials from the U visa files previously produced needed to be destroyed. Full opinion to be issued by the New Mexico Supreme Court at a later date. In this case the trial court ordered the U visa victim to turn over their immigration case file and in the second case the trial court ordered the victim’s immigration counsel to turn over the victim’s T visa case file. Both orders were reversed.
[pdf] New Mexico Immigrant Law Center v. Leos, S-1-SC-40114, Writ of Superintending Control (Leos) New Mexico Supreme Court (May 7, 2024) (+)
New Mexico Supreme Court issued two orders of superintending control quashing subpoenas that compelled that an immigrant victim turn over the contents of their U visa and T visa immigration case files to the perpetrator in the criminal case that the state brought against perpetrators of child trafficking and child sexual assault. In this case the New Mexico Supreme Court also ordered that materials from the T visa files previously produced needed to be destroyed. Full opinion to be issued by the New Mexico Supreme Court at a later date. In this case the trial court ordered the T visa victim’s immigration counsel to turn over their immigration case file and in the second case the trial court ordered the victim to turn over the victim’s U visa case file. Both orders were reversed.
[pdf] Ramirez v. Marsh, S-1-SC-39966 & New Mexico Immigrant Law Center v. Leos, S-1-SC-40114, New Mexico Supreme Court (May 7, 2024) (+)
New Mexico Supreme Court issued two orders of superintending control quashing subpoenas that compelled that an immigrant victim turn over the contents of their U visa and T visa immigration case files to the perpetrator in the criminal case that the state brought against perpetrators of child trafficking and child sexual assault. The New Mexico Supreme Cour also ordered that materials from the U and T visa files previously produced needed to be destroyed. Full opinion to be issued by the New Mexico Supreme Court at a later date. In one case the trial court ordered the U visa victim to turn over their immigration case file and in the second case the trial court ordered the victim’s immigration counsel to turn over the victim’s T visa case file. Both orders were reversed.
[pdf] USCIS Fee Schedule (G-1055) (August 19, 2024) (+)
This document confirms that there are no fees required for filing the VAWA self-petition, the U visa or the T visa applications. However some forms that victims may need to file related to these case types have fees associated with them and as the instructions to the USCIS Fee Waiver form indicate victims eligible for fee waivers may apply for waivers of the fees associated with the following forms:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).
[pdf] U Visa Timeline with Background Checks (August 11, 2024) (+)
U-Visa timeline including background checks. This timeline has been updated to reflect the USCIS 2021 policies on bona fide determinations and their impact on U visa case processing which over time will provide access to protection from deportation and work authorization to U visa applicants who pass background checks and receive bona fide determinations from USCIS. Victims will remain in bona fide status while they await the date a U visa becomes available to issue them.
[pdf] Child Protective Services Agency Toolkit: U Visa Certification, T Visa Declaration, Special Immigrant Juvenile Status and Violence Against Women Act Immigration Relief for Abused Immigrant Children (July 8, 2024) (+)
This toolkit provides an overview of humanitarian immigration relief that Congress has provided for the protection of abused noncitizen children, and/or their noncitizen parent. The toolkit focuses on four visa types: (1) the Violence Against Women Act (VAWA) self-petition, (2) the U visa for crime victims, (3) the T visa for human trafficking victims, and […]
[pdf] Federal Register: New Classification for Victims of Criminal Activity for Eligibility for ‘‘U’’ Nonimmigrant Status (U Visa Regulations) (September 17, 2007) (+)
Federal Register for new classification for victims of criminal activity for the eligibility for ‘‘U’’ nonimmigrant status. This interim rule amends Department of Homeland Security regulations to establish the requirements and procedures for aliens seeking U nonimmigrant status. The U nonimmigrant classification is available to alien victims of certain criminal activity who assist government officials in investigating or prosecuting such criminal activity.
[pdf] Hennepin County Attorney’s Office U Visas and T Visas Certification Policy (March 7, 2024) (+)
The Hennepin County Attorney’s Office in March of 2024 implemented a U and T visa certification policy that is both fully consistent with DHS policies, regulations, and publications on the U and T visa programs and adopts a victim centered trauma informed approach to the U and T visa certification process. It serves as a model prosecution office policy that is clear, transparent, and is designed to address and inform that public about how the agency wants to receive certification requests which is consistent with prosecutors’ discovery obligations. This policy furthers victim protection goals and the prosecutor’s office’s important work to hold offenders accountable for their crimes.
[pdf] Frequently Asked Questions on the USCIS Fee Rule (March 7, 2024) (+)
USCIS Fee Rule frequently asked questions that provide more detailed information about the 2024 fee rule including clarifications about the fee exemptions for VAWA, T visa, U visa and SIJS cases.
[pdf] Chapter 10: U Visas: Victims of Criminal Activity (August 8, 2023) (+)
Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.
[pdf] Training Materials for Victim Advocates and Attorneys (11.28.23) (+)
Training materials for family lawyers, prosecutors, and state family, civil and criminal court judges assisting immigrant crime victims Topics include: U visas, T visas, Family Law cases, VAWA Self-Petitions, VAWA Confidentiality, Public Benefits, Best Practices, Language Access, Webinars, Podcasts and more.
[pdf] How Immigration Law and Policies Impact State Courts — When Children and Litigants are Victims of Human Trafficking, Domestic Violence, Child Abuse, or Sexual Assault (NCJFCJ, In-Session -Fall 2023) (+)
This In-Session article discusses immigration policy updates that have occurred in 2021 – 2023 and the impact that what these policies mean for state courts adjudicating a range of family court cases involving immigrant children, immigrant crime victims, and child victims living in mixed immigration status families.
[pdf] U Visa Certification and T Visa Declaration Toolkit for Adult Protective Services (APS) (October 19, 2023) (+)
Toolkit focusing on the U-Visa as well as an introduction to other options which may be available to immigrant adults who are victims of domestic violence, sexual assault, human trafficking and other crimes that Adult Protective Services staff encounter. Having an awareness of these options can help you identify the best options available for immigrant victims you encounter.
[pdf] Training Materials (+)
Training Materials for Annapolis, Maryland webinar on November 8, 2023
[pdf] Twin Cities PowerPoint Presentation (July 17, 2023) (+)
[pdf] Oregon U Visa Certification Law (2019) (+)
Victim Helpfulness Certification – Certification Procedures; Duties of Certifying Agency or Official, Liability” ORS 147.620 (2019)
[pdf] Colorado U visa Certification Law (May 10, 2021) (+)
Law governing U Visa certification by law enforcement, prosecutors, judges and other government officials in Colorado.
[pdf] USCIS Bona Fide Determination Process for Qualifying Family Members of U Nonimmigrant Victims of Qualifying Crimes (August 11, 2023) (+)
USCIS issues updates to the USCIS Policy Manual to facilitate adjudication and issuance of bona fide determinations for qualifying family members of U visa applicants living in the U.S. at the same time the as USCIS issues a bona fide determination to the U visa applicant.
[pdf] Romain v. Napolitano (March 16 2012) United States District Court (+)
Romain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant spouse. The perpetrator of spousal rape subpoenaed the
victims VAWA self-petition case from the U.S. Department of Homeland Security. The Federal District Court ultimately denied the subpoena and discovery of the self-petition file by the criminal defendant
spouse.
[pdf] Cazorla and EEOC v. Koch Foods of Mississippi US Court of Appeals 5th Circuit (October 22 2015) (+)
Cazorla v. Koch Foods of Mississippi, (October 22 2015) United States Court of Appeals, 5th Circuit. NIWAP, represented by Procopio, Cory, Hargreaves & Savitch, LLP, Arnold and Porter, Latino Justice PRLDEF, was the lead Amicus in the first case to reach the U.S. Courts of Appeals on the (VAWA) immigration confidentiality protections. In this workplace sexual assault case brought by the EEOC the employer is attempting to obtain through civil court discovery receive copies of and/or information contained in victim workers’ U visa cases filed with the U.S. Department of Homeland Security that under federal law are to receive VAWA confidentiality protection.
[pdf] Meredith v. Muriel K&L Gates Supreme Court of the State of Washington (July 17 2009) (+)
Meredith v. Muriel, Supreme Court of the State of Washington, (2009). Submitted two amicus briefs one on behalf of Legal Momentum and a second on behalf of the National Network to End Violence Against Immigrant Women in a case in which an abuser appealed the issuance of a protection order containing a prohibition against the abuser communicating with the Department of Homeland Security regarding his wife. One brief (K & L Gates, Pro Bono) provided social science documentation of the harm to victims and the lethality of immigration related abuse and discussed the history and purpose of VAWA confidentiality protections.
[pdf] Equal Employment Opportunity Commission v. Koch Foods 5th Circuit (October 22 2015) (+)
Equal Employment Opportunity Commission v. Koch Foods. NIWAP Inc. collaborated with Latino Justice, the law firms of Arnold and Porter and Procopio, and Legal Momentum to submit an amicus brief to the 5th Circuit Court of Appeals in an interlocutory appeal of a Federal District Court decision to allow an employer who employed supervisors who perpetrated rape, sexual assault, felonious assault, extortion, sexual harassment and other discrimination against workers to use civil court discovery in an EEOC enforcement action to obtain copies of the victim’s VAWA confidentiality protected U visa case files. The brief provided legislative history of the VAWA confidentiality provisions and the U visa and discussed the public policy effects on victims of domestic violence, sexual assault, human trafficking and other crimes if discovery of VAWA confidentiality protected information is allowed in civil cases. (October 22, 2015)
[pdf] United States V. Luciana Moreno-Lopez; (June 7 2010) United States District Court, Eastern District of Chattanooga (+)
Amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security.
The workers filed and received U-visas as victims of extortion despite this fact, the U.S. attorney brought charges
against the workers for document fraud. This amicus brief, filed in the employees’ criminal case, described the
history and purpose of the U-visa as humanitarian relief and a tool for law enforcement.
[pdf] Agriprocessors Postville, Iowa, (December 8 2008) Court of Appeals Eighth Circuit (+)
Amicus brief filed for the reversal of the decision by the Court of Appeals from the Eighth Circuit in the case of the Immigration and Customs Enforcement (ICE)’s workplace raid at the Agriprocessors meatpacking plant in Postville, Iowa. ICE demonstrated the practical effects of failing to require knowledge of the defining element of 18 US.C. § 1028A—whether the identification at issue is “of another person.” In Postville, the crime of aggravated identity theft, which carries a two-year mandatory sentence enhancement, was stretched to reach immigrant workers with low levels of culpability. The Eighth Circuit’s reading produced arbitrary results. These arbitrary results were not necessary, as Congress’s false document scheme provides for independent and flexible punishment when immigrants knowingly use false documents. By extending the charge of aggravated identity theft beyond its intended bounds, the Eighth Circuit’s reading of 18 U.S.C. § 1028A contravened the bedrock criminal law principle that punishment should be calibrated to culpability. This brief argues that the Court should therefore limit its interpretation of the knowledge requirement in 18 U.S.C. § 1028A to reinforce the link between culpability and punishment and avoid undermining Congress’s immigration law.
[pdf] DHS Interactive Infographic on Protections for Immigrant Victims (November 2021) (+)
Interactive infographic with links to USCIS websites and up to date forms covering crime victim related forms of immigration relief.
[pdf] Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo (August 14 2023) Supreme Court of the State of New Mexico (+)
Francisco Ramirez, Jacqueline Reyes-Mendoza, And Their Minor Child B.R., v Hon. Daylene A. Marsh and David Paulino Padilla-Suazo Emergency petition for writ of superintending control to the New Mexico Supreme Court in a sexual assault case in which a state court judges ordered U visa applicant victims to turn over in criminal court discovery information contained in the victim’s VAWA confidentiality protected case in violation of federal law. NIWAP is being represented in this appeal by Skadden, Arps, Slate, Meagher & Flom LLP; (June 27 2023)
[pdf] USCIS Opens the Humanitarian, Adjustment, Removing Conditions and Travel Documents (HART) Service Center (March 30, 2023) (+)
U.S. Citizenship and Immigration Services (USCIS) is announcing the opening of the Humanitarian, Adjustment, Removing Conditions, and Travel Documents (HART) Service Center, the sixth service center within its Service Center Operations (SCOPS) directorate, and the first to focus on humanitarian and other workload cases. The cases HART opened with adjudicating are: VAWA self-petitions (I-360), U visa bona fide determinations (I-918), Relative Petition for Asylees and Refugees (I-730) and Applications for waivers of reentry bars for immigrant spouses of U.S. citizens and lawful permanent residents.
[pdf] U Visas Helpfulness – Training Materials -Workshop 4C (August 23, 2023) (+)
[pdf] Workshop 4C – PowerPoint Presentation (August 2023) (+)
[pdf] Chapter 03.6: U-Visas: Victims of Criminal Activity (August 8, 2023) (+)
Full chapter excerpt from “Breaking Barriers: A Complete Guide to Legal Rights and Resources for Battered Immigrants” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.
[pdf] Chapter 10: U Visas: Victims of Criminal Activity (August 8, 2023) (+)
Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.
[pdf] Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) – Spanish (+)
Know your rights brochure on VAWA, T visa and U visa immigration relief. – Spanish
[pdf] Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) – Karen (+)
Know your rights brochure on VAWA, T visa and U visa immigration relief. Karen
[pdf] Office of the Saint Paul City Attorney, Immigration Pathways for Victims of Crime (2023) (+)
Know your rights brochure on VAWA, T visa and U visa immigration relief.
[pdf] Minnesota v. Daniel Salvador Niola Agudo (June 26, 2023) (+)
Minnesota Court of Appeals in an unpublished ruling decided that district court did not abuse its discretion by excluding expert testimony regarding the U visa process and the victim’s immigration status from the criminal case. As the district court observed, Niola failed to establish any connection between the U visa process and the child’s allegations that would make immigration evidence more than minimally relevant to this case. The district court excluded evidence of the child’s and her mother’s immigration status as both irrelevant and unfairly prejudicial.
[pdf] Access to Publicly Funded Legal Services for Immigrant Survivors (2014) (+)
In 2014, the Legal Service Corporation (LSC) issued regulations confirming that all immigrant crime victims are legally eligible for LSC funded legal services under anti-abuse regulations. This brochure discusses immigration status based eligibility as well as eligibility under anti-abuse laws. It provides advocates with a guide to immigrant crime victim access to LSC funded legal services, including an illustration on how VAWA, U-visa, and trafficking victims become eligible for LSC representation.
[pdf] FBI Bulletin, The U Visa An Effective Resource for Law Enforcement (March 15, 2011) (+)
Law enforcement personnel strive for strong connections with all citizens. In pursuit of this goal, striking an appropriate balance—one that punishes wrongdoers while protecting victims—can present a challenge. One way that officers not only can foster better relationships with immigrant communities but also increase offender accountability, promote public safety, and help ensure that crimes translate into convictions is to promote awareness of the U visa, which provides important immigration benefits to cooperating crime victims. In this article for the FBI Bulletin the authors discuss the fear of deportation has created a class of silent victims and undermined officers’ attempts at community-oriented policing among immigrant populations. They opine that the U visa helps improve relations with these communities, increase the reporting of criminal activity, enable provision of services to victims, and enhance the prosecution of violent perpetrators. Also, the authors feel that officers may have misconceptions about the U visa and not recognize its effectiveness as a tool. They hope that this article will help clarify the intent, purpose, and benefits of the U visa to the law enforcement community.
[pdf] USCIS is creating HART Virtual Service Center for Humanitarian Immigration Relief (March 39, 2023) (+)
This newsletter informs the field attorneys, judges, victim advocates , police, and prosecutors about the opening of the USCIS HART Service Center that will specialize in adjudicating cases involving immigrant victims of domestic violence, sexual assault, stalking, human trafficking, child abuse and other crimes and will help victims gain access to work authorization more swiftly and greater protections against deportation. This newsletter also discusses new U visa certification policies at the U.S. Department of Labor that will help immigrant victims of labor trafficking.
[pdf] Setting Up the Crime and Abuse Victim Protection Directorate at USCIS (August 23, 2022) (+)
This report submitted to the Ombudsman for USCIS argues for moving all of the adjudications of VAWA self-petitions, U and T visas, Battered Spouse Waivers, Work Authorizations for Abused Spouses of Visa Holders and Special Immigrant Juvenile Status Petitions into one adjudication system with expert adjudication staff and managers that specialize in these forms of immigration relief. The goal of which will be to speed up the wait time between filing and receipt of deferred action and work authorization for immigrant victims. This paper contributed to the creation of the HART Service Center that USCIS announced the opening of on March 30, 2023. To receive any of the attachments cited in this report contact NIWAP at info@niwap.org.
[pdf] Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status USCIS-2011-0010 (September 13, 2021) (+)
NIWAP comment seek a final T visa rule that provides further clarification and instruction regarding the T visa Trauma Exception. These comments explain why defining “trauma” will help T visa applicants know if they qualify for the physical and psychological trauma exception to the law enforcement cooperation requirement. These comments further explain why immigrant victims eligible for T visas, U Visas, VAWA self-petitions, and for VAWA cancellation of removal and VAWA suspension of deportation should, by default, not be subject to reinstatement of removal proceedings, unless certain qualifications are met. These regulations provide USCIS an opportunity to also address the ongoing problems being caused for all immigration relief eligible victims by ending DHS’s 17-year delay to implement VAWA 2005’s Congressional instruction that DHS exercise its discretion to not reinstate removal against T visa, U visa, VAWA self-petitioner, VAWA cancellation and VAWA suspension applicants and eligible victims.
[pdf] Massachusetts U Visa Certification Law – Certification for Victims of Violent Crime and Human Trafficking (2021) (+)
Massachusetts state law requires certifiers to adopt a policy for completing and signing nonimmigrant status certification forms. The law also requires a certifying entity to respond to certification requests within 90 days.
[pdf] Comparing Inadmissibility Waivers Available to Immigrant Victims in VAWA Self-Petitioning, U Visa, T Visa and Special Immigrant Juvenile Status Cases (December 26, 2022) (+)
This chart was developed to assist prosecutors, judges and attorneys representing immigrant victims of domestic violence, sexual assault, human trafficking, child abuse, child abandonment, child neglect, and other U visa listed criminal activities to promote a better understanding of the inadmissibility factors that apply, do not apply, or could be waivable for each of the primary forms of immigration relief immigrant victims of crime and abuse are eligible to receive under U.S. immigration laws. This document contains detailed footnotes citing and explaining the statutes and regulations that govern inadmissibility for immigrant crime victims.
[pdf] Legislative History of VAWA (94,00,05), T and U-Visas, Battered Spouse Waiver, and VAWA Confidentiality (January 5, 2023) (+)
This document recounts the legislative history of laws offering protection for victims of domestic violence sexual assault and human trafficking with a particular focus on the immigration relief developed by Congress to protect immigrant survivors.
[pdf] Question and Answer for Naturalization Webinar 9.27.22 (+)
Q & A Follow Up on Naturalization Webinar (9/23/22) – Family Law Community of Practice 9/27/22
[pdf] Naturalization of VAWA, SIJS, U and T Visa Recipient Survivors PowerPoint Presentation (September 23, 2022) (+)
[pdf] USCIS Naturalization for Lawful Permanent Residents Who Had T or U Nonimmigrant Status (September 21, 2022) (+)
Fact Sheet developed by USCIS describing the benefits and process for immigrant victims of trafficking, domestic violence, sexual assault, stalking or other criminal activities who were granted T or U visas and obtained lawful permanent residency through the T visa or U visa programs.
[pdf] Relevancy of a Victim’s Immigration Status in State Criminal Court Proceedings (August 24, 2022) (+)
This publication provides prosecutors with case law and statutory analysis regarding when and under what circumstances a victim’s immigration status is considered relevant or irrelevant in a criminal case. It looks at how courts across the country handle evidence of a victim’s immigration status generally, addresses how courts treat a witness’s immigration status evidence in criminal proceedings, in particular, and offers prosecutors strategies and useful resources.
[pdf] June 28, 2022, Understanding the Intent and Purpose of the U Visa (Victim Advocate COP) (+)
Victim advocate community of practice.
[pdf] Demystifying the U Visa: A Conversation About Myths and Realities – Part I (December 9, 2021) (+)
Roundtable discussion.
[pdf] Department of Homeland Security (DHS) Immigration Policies Released in 2021 and 2022 That Are Important for Immigrant Survivors (May 17, 2022) (+)
This document contains a list of policies issued by the U.S. Department of Homeland Security that are important to and impact cases of immigrant survivors of crime and abuse that enhance both protections from deportation for survivors and access to immigration relief under the following programs: VAWA self-petitions, U visas, T visas, Special Immigrant Juvenile Status, Battered Spouse Waivers and INA Section 106 Work Authorization for Abused Spouses of A, E(3), G and H visa holders. The link to each policy is followed by a description of the policy and how it is helpful to immigrant survivors.
[pdf] DHS Takes Victim-Centered Approach Press Release (October 20, 2021) (+)
Press release describing the role all components of DHS have been directed to take to ensure that immigrant victims are treated by DHS officials in a manner that takes a victim centered approach. Describing how this approach both meets the humanitarian needs of victims and helps DHS play a role in fighting crime.
[pdf] Instructions for Request for a Fee Waiver (I-912) (September 03, 2021) (+)
USCIS Form to be used for waivers in cases of immigrant survivors:
1. Battered spouses of A, G, E-3, or H nonimmigrants (such as Forms I-485, I-601 and I-212);
2. Battered spouse or child of a lawful permanent resident or U.S. citizen under INA section 240A(b)(2);
3. T nonimmigrant (such as Forms I-192, I-485, and I-601);
4. Temporary Protected Status (such as Forms I-131, I-821 and I-601);
5. U nonimmigrant (such as Forms I-192, I-485, and I-929); or
6. VAWA self–petitioner (such as Forms I-485, I-601 and I-212).
[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)
This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.
[pdf] Webinar Helpfulness and Ongoing Cooperation PowerPoint (+)
Powerpoint presentation for April 13, 2022 webinar, “Understanding Helpfulness: for the U Visa Certification and the Ongoing Assistance Requirement”
[pdf] U Visa Certification and T visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021) (+)
This helpful, informative U visa certification tool kit for judges and magistrates covers materials on topics such as: what is the role of judges in U visa certification, U visa quick references for judges, U visa certification introduction, U visa application flow chart, judges and the U visa certification requirement, U visa statutory and regulatory background, frequently asked questions, redacted I-918 supplement B (U nonimmigrant status certification), form I-918 supplement B (sample judges’ certification), sample information flyer for victims, resource list, sample memorandum in support of a motion for U visa certification, sample declaration for a motion for certification, glossary of terms, and collection of U visa news articles.
[pdf] Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (December 29, 2021) (+)
The public benefits flow charts pertain to VAWA self-petition and cancellation, U-Visas, T-Visas, and Special Juvenile Immigrant Status (SIJS). Specifically, the charts explain access to federal and state public benefits for battered immigrant spouses and children of U.S. citizens or lawful permanent residents, victims of human trafficking, U-Visa victims, and SIJS victims.
[pdf] Form I-918 (December 6, 2021) (+)
Form I-918 should be filed by victims of domestic violence, sexual assault, felonious assault, trafficking, or other serious crimes in order to petition for immigration relief. (December 6, 2021)
[pdf] I-918 U Visa Application and U Visa Supplement A (Qualifying Family Member) Instructions (December 6, 2021) (+)
The Department of Homeland Security provided these instructions to assist U-visa petitioners complete Form I-918. (December 6, 2021)
[pdf] Bench Card: U-Visa Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)
This benchcard discusses the eligibility requirements to qualify for a U-Visa, the application procedure for U-Visas, and possible benefits for which approved U-Visa applicants may be eligible.
[pdf] U Visa Certifications, T visa Declarations, and Continued Presence: Range of Potential Certifiers at the Local, State, and Federal Government Levels (December 30, 2021) (+)
This publication explores the range of potential certifiers whom judges should be aware of who can sign U visa and T visa certification in the court’s jurisdiction with whom the court can play a leadership role in encouraging certification by all authorized agencies. This helps attorneys and advocates working with immigrant victims identify the full range of authorized certifiers in any particular case to whom they can turn for certification. This document connects readers to training manuals for judges, law enforcement, prosecutors and Adult Protective Services agency staff that provide an overview of the U and T visa programs and detailed questions and answers for certifying agencies, and for judges who want to learn more about U and T visa certification. Additionally, this publication describes the availability of continued presence as an important option for immigrant victims of human trafficking offering protection soon after a trafficking victim has been identified that is available to human trafficking victims who could be potential witnesses in trafficking investigations or prosecutions. This document provides links to DHS publications on these subjects.
[pdf] Tip Sheet for Courts Developing U Visa Certification Protocols (December 30, 2021) (+)
This tool provides legally correct information on the U and T visa programs and on Continued Presence. It helps courts developing U visa certification and T visa declarations protocols, policies and practices base the policies being developed on up to date legally accurate information on the U and T visa programs and certification. The document also provides links to model and sample U and T visa certification polices and protocols that courts can rely upon adapt when developing court policies.
[msword] NLRB, Updated Procedures in Addressing Immigration Status Issues that Arise During NLRB Proceedings OM 11_62 (June 7, 2011) (+)
Sets out operating procedures for the National Labor Relations Board on immigration issues that arise in cases handled by the Board. Includes certifications by the NLRB in U visa and T visa cases.
*U Visa Certification and T Visa Declaration Toolkits (Last Updated December 29, 2021)
On this page you will find the complete list of NIWAP’s U and T Visa Certification toolkits to assist agencies authorized to sign U Visa certifications and T Visa Declarations. For more information on U and T Visa Certification including access to webinars, newsletters, DHS policies, and publications click here. Toolkit for Federal, State, and […]
[pdf] Bench Card: U and T Visa Certification Reporting Requirements In California (June 29, 2020) (+)
A bench card on the annual reporting requirements for U and T visa certifying government agencies in California, along with the applicable statutes.
[pdf] Customs and Border Protection (DHS), Report on the San Diego Sector Crime Victim Assistance Unit (2004) (+)
2004 Report on the success of the San Diego Sector’s Crime Victim Assistance Unit of the Bureau of Customs and Border Protection at the U.S. Department of Homeland Security.
[pdf] Family Violence and U.S. Immigration Law; New Development (March 2001) (+)
This article discusses a brief history of VAWAs immigration protections, the battered spouse waiver and the U visa. It contains detailed list of suggested evidence and practice pointers that are continuingly useful.
[pdf] Collection of U-Visa News Articles (November 7, 2017) (+)
A list of news articles intended as references to assist law enforcement, prosecutors, judges and other U visa certifiers to better understand the U visa program and their role as U-visa certifiers.
[pdf] NJN Webinar U, T, SIJS, VAWA PowerPoint 11.4.21 (+)
[pdf] How to Make an Expedite Request (June 9, 2021) (+)
Instructions for filing expedite requests using the 2021 expedite criteria.
[pdf] Policy Alert USCIS Expedite Criteria (June 9, 2021) (+)
USCIS issues a policy alert regarding new expedite policies that restore the ability of non-profit organizations to file expedite requests and confirms ICE’s continued ability to file expedite requests in cases of noncitizens in removal proceedings.
[pdf] USCIS Policy Manual Chapter 5 – Requests to Expedite Applications or Petitions (October 1, 2021) (+)
USCIS issued updated criteria for expediting adjudication of applications and petitions with its most recent update October 1, 2021. This policy can be helpful in cases of immigrant crime victims with pending VAWA self-petitions, U visa or T visa cases when the victim is detained or there is case pending before an immigration judge in which there is a date for a merits hearing set and the victim needs to have their VAWA, T or U visa case adjudication expedited so as to have a decision on that case before the victim has to appear in immigration court for a merits hearing. Importantly the new expedite criteria explicitly lists safety of the victim due to VAWA confidentiality violations as an emergency or urgent humanitarian basis for an expedite requests. Requests to expedite can be filed by attorneys for the victim including when ICE is also authorized to file expedite requests for victims in removal proceedings and with final orders of removal.
[pptx] NCVC U Visa Training (October 8, 2021) (+)
NCVC U Visa Training (October 8, 2021)
[pdf] U visa Certification and T visa Declaration Toolkit for Law Enforcement Agencies and Prosecutors (August 30, 2021) (+)
By providing U‐visa certifications and T visa declarations law enforcement and prosecution officials add to their arsenal of crime fighting tools when immigrant victims feel safer coming forward to report crimes. This document provides the following background information on the U‐visa and T visa programs: an overview of the U‐visa and T visa; Quick Reference guides on the U and T visas, Statutory and Regulatory Background on U and T visas, Flow Charts, Protections for Family Members, Frequently Asked Questions, Timelines, Sample forms, Model policies, Screening tools, DHS brochures and infographics, and links to resource materials and news articles on U and T visa certification.
[pdf] U Visa Certification Process Flowchart (August 30, 2021) (+)
This flowchart describes the process that U visa certifying agencies use from the receipt of a U visa certification request, through signing the U visa certification and returning the signed U visa certification form back to victim, their victim advocate or their attorney.
[pdf] Stories From the Field: The Crime Fighting Effectiveness of the U Visa (August 23, 2021) (+)
This publication contains a series of stories collected from law enforcement officials and prosecutors across the country illustrating how victims who have filed U visa cases in addition to assisting in the detection, investigation, prosecution, conviction and/or sentencing of the perpetrator of the crime committed against them for which they sought U visa protection, they also play a key role in the successful prosecution of other crimes.
[pdf] Richard Flowers, USCIS, Response to Recommendation 39: “Improving Process for Victims of Trafficking and Certain Criminal Activity: The T and U Visas (May 22, 2009) (+)
USCIS responses to Ombudsman’s recommendations regarding the T and U visa programs and needed improvements.
[pdf] Handout – Immigrant Victims Immigration Options Handout (May 26, 2021) (+)
Author Judge Julie Breslow
[pdf] NIWAP Comments in Response to Request for Public Input: Identifying Barriers Across U.S. Citizenship & Immigration Services (USCIS) Benefits and Services (May 19, 2021) (+)
Comment in Response to Request for Public Input: Identifying Barriers Across U.S. Citizenship & Immigration Services (USCIS) Benefits and Services; CIS No. 2684-21; DHS Docket No. USCIS–2021–0004; RIN 1615-ZB87 discussing policy reforms needed that benefits immigrant survivors of crime and abuse.
[pdf] U Visa Certification and T Visa Declaration Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021) (+)
This toolkit provides detailed information for state court judges on U visa and T visa certification by judges. It includes full citations to the U visa and T visa statutes and regulations and govern judicial certifications.
[pdf] Immigration and Customs Enforcement (ICE) Stay of Removal Web Page Revision of Stay or Removal Request Reviews for U Visa Petitioners (August 2, 2019) (+)
[pdf] USCIS Policy Manual Chapter 6 — U Visa Waiting List (June 14, 2021) (+)
[pdf] Appendix-USCIS Bona Fide Determination Process Flowchart (June 14, 2021) (+)
[pdf] Appendix – Bona Fide Determination Process and Administrative Procedure Act Considerations (June 14, 2021) (+)
[pdf] Clara, Eduardo, and Juanita Hypothetical (June 15, 2021) (+)
[pdf] NJN Peer-to-Peer Forum 06.01.21 (+)
[pdf] U Visa Quick-Reference for Law Enforcement and Prosecutors (March 24, 2021) (+)
Part of the U Visa Certification Toolkit for Law Enforcement and Prosecutors. This quick reference guide assists law enforcement and prosecutors summarizing the U visa certification and is based on the DHS U and T Certification Resource Guide.