Topic: U Visa and Immigrant Crime Victims
Materials for U Visa and immigrant crime victims.
[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.
[pdf] Chapter 5 – Bona Fide Determination Process USCIS (June 14, 2021) (+)
Bona Fide Determinations in U visa cases provide access to work authorization and deferred action protection from deportation.
[pdf] Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners (June 14, 2021) (+)
Bona Fide Policy grants work authorization and deferred action to immigrant survivor applicants for U visas.
[pdf] Final Rule on U Visa Certifications and Elimination of the Supervisor Requirement (January 22, 2014) (+)
Letter from Police Chiefs to USCIS recommending that in the final U visa rule USCIS eliminate the supervisor requirement and allow heads of law enforcement agencies to designate any staff member they choose to sign U visa certifications on the agency’s behalf so long as the staff members is designated by the head of the agency.
[pdf] Expanding the Designation Authority to Include “Subject-Matter Experts” (February 14, 2014) (+)
Memo supporting change in USCIS regulations to allow heads of agencies to designate subject matter experts in addition to supervisors to sign U visa certifications.
[pdf] Analysis of USCIS 2019 U Visa Law Enforcement Resource Guide – Memo to DHS From NIWAP (September 29, 2019) (+)
This memo identifies how the 2019 USCIS Law Enforcement Resource Guide contains information that is inconsistent with the legally correct information in the U visa statue, the U visa regulations and the U visa legislative history. This document should be read together with NIWAP’s annotated version of the USCIS U Visa law Enforcement Resource Guide that identifies omissions and inaccuracies in the USCIS Resource Guide. https://niwaplibrary.wcl.american.edu/pubs/annotated-uscis-u-visa-resource-guide
[pdf] USCIS U Visa Report Technical Appendix (2020) (+)
USCIS published this technical appendix to accompany the series of U visa reports it published in 2020. The reports are: USCIS U Visa Report: U Visa Filing Trends (April 2020) https://niwaplibrary.wcl.american.edu/pubs/u-visa-filing-trends; USCIS: Trends in U Visa Law Enforcement Certifications, Qualifying Crimes and Evidence of Helpfulness (July 2020) https://niwaplibrary.wcl.american.edu/pubs/u_visa_lea-certs-report; USCIS: U Visa Demographics: U Visa Report (March 2020) https://niwaplibrary.wcl.american.edu/pubs/uscis-u-visa-demographics; and USCIS Arrest Histories of U Visa Petitioners (April 2020) https://niwaplibrary.wcl.american.edu/pubs/uscis-u-visa-victim-arrest-histories
[pdf] U Visa Regulations -Substantial Harm Factors in U visa Cases (January 7, 2015) (+)
Checklist to assist in identifying and proving that a victim has suffered substantial physical or mental abuse (harm) as a result of having been a victim of a U visa criminal activity.
[pdf] U Visa -Substantial Harm Handout (January 7, 2015) (+)
[pdf] USCIS U Visa Report: U Visa Filing Trends (April 2020) (+)
Report on U visa filing trends by USCIS covering cases filed from 2009 through 2019.
[pdf] U Visa Adjudication Data DHS 2009-2020 Fiscal Years (2020) (+)
Data on adjudication of U visas 2009-2020, DHS.
[pdf] VAWA T, U Case Processing Data 1997-2020 FY DHS and INS (February 10, 2021) (+)
Compilation of VAWA self-petition, U visa and T visa case processing data 1997 to 2020.
[pdf] Nebraska U and T Visa Certification and Continued Presence Neb Rev Stat 29-217 (November 14, 2020) (+)
Nebraska’s U and T Visa Certification Law effective 11/14/20. This law addresses both U and T visa certification and requests for continued presence. The law requires that law enforcement, prosecutors, judges and any other state or local agency authorized to sign certifications in U and T visa cases within 90 days or receiving requests. Additionally, in cases of victims of human trafficking when an agency reasonably believes an individual is a victim of a severe form of human trafficking the law encourages agencies within 90 days to request that federal law enforcement officials complete continued presence requests for the victim. Requires that certifying agencies keep internal records of requests for certifications, certifications and requests for continued presence.
[pdf] Urgent Reforms Needed to the U Visa Program (November 2020) (+)
Essay on changes needed to the U Visa program by Leslye Orloff published by the NIskanen Center in “Redefining Immigration Reform: How Immigration Supports America’s Ideals.
[pdf] USCIS: U Visa Demographics: U Visa Report (March 2020) (+)
Report on the U visa program through 2018 produced by USCIS.
[pdf] Model: U and T Visa Certification Protocol for State Courts (October 29, 2020) (+)
This Model U and T visa certification protocol for state courts serves as a sample that can be adapted for courts’ use and is based on the protocol adopted by the San Francisco Superior Court in 2017.
[pdf] Training Bulletin: Improving Crime Fighting Outcomes in Cases of Immigrant Victims (+)
The End Violence Against Women International (EVAWI), in collaboration with NIWAP, published a Training Bulletin. Congress created several forms of humanitarian immigration relief to assist law enforcement agencies in building trust with, protecting and assisting immigrant and LEP crime victims in communities across the country. This immigration relief prevents perpetrators of high recidivism crimes including […]
[pdf] Protection and Assistance for Victims of Trafficking – 22 CFR § 7105 (+)
[pdf] Authority to Permit Continued Presence – 28 CFR § 1100-35 (+)
[pdf] 2018 Attorney General’s Annual Report to Congress on U.S. Government Activities to Combat Trafficking in Persons (+)
[pdf] Sample Designee Letter – Pdf (+)
Sample letter to be signed by the head of a government agency signing U visa certifications in which the head of the agency specifies the positions or names of supervisory staff to whom the head of the agency is delegating U visa signing authority. This sample form can be used by Police Chief, Sheriff, Prosecutor, District Attorney, head of child or adult protective services agency or other government agency head. This sample is provided in word and should be transferred to department or agency stationary. It is recommended that when the authority signing U visa certifications for the agency is not the head of the agency that a copy of the designation letter be provided to the immigrant crime victim along with the U visa certification form.
[pdf] U Visa Case Scenarios and Helpfulness (October 3, 2019) (+)
Training case scenarios for U visas and helpfulness.
[pdf] U Visa Case Scenarios and Helpfulness (October 3, 2019) (+)
Scenarios for U visa trainings on helpfulness.
[pdf] Broken Promise: Visa Program Leaves Crime Victims in Limbo (March 8, 2020) (+)
Law 360 article on the U visa program quoting Leslye E. Orloff of NIWAP.
[pdf] USCIS U Visa Resource Guide 2019 – Annotated (August 10, 2019) (+)
Includes annotations identifying where the resource guide differs from U visa regulations, regulations preamble and the U visa statute. In this l2019 guide USICS attempted to overrule the prior resource guide on U and T visas that was issued by DHS Headquarters. There remains a debate within DHS as to the whether USCIS could as a matter of law overrule the DHS U and T Resource Guide issued by DHS Headquarters. For training purposes best practices are to continue to treat the 2015 DHS U and T Resource Guide as still having full force and effect in addition to this USCIS resource guide. The statue and regulations and regulations preamble regulatory history take precedence over this USCIS guide where the information contained in this guide differs or is inconsistent with the law and regulations.
[pdf] Community Policing Breaking Down Barriers – Michael LaRiviere (Sheriff & Deputy Magazine) (+)
Article “Breaking Down Barriers” by Michael LaRiviere, published at the Sheriff and Deputy Magazine, Vol. 7, issue 5. The article points out that sheriffs must work with immigrant communities and sign U visa certifications to ensure that crimes against the undocumented don’t go unreported.
[pdf] The U Visa as a Crime-Fighting Tool Webinar Presentation 10.20.2020 (+)
This presentation educates prosecutors and law enforcement officials on how they can identify victims who qualify for the U and T visa as well as utilize immigration relief to hold offenders accountable. This presentation outlines how prosecutors can enhance victim, community, and officer safety by combatting domestic, sexual violence, and stalking. This presentation displays how […]
[pdf] Sample Judicial T Visa Declaration I-914B (August 12, 2020) (+)
This sample judicial T visa declaration certification form is included as part of the U Visa Certification and T Visa Declaration Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates and Other Judicial Officers (August 12, 2020) available at https://niwaplibrary.wcl.american.edu/pubs/judges-u-t-certification-toolkit. The approach to T visa declarations by judges reflected in the sample has been used by judges across the country signing U visa certifications in protection order, custody, divorce, and other civil and criminal court cases for many years and certifications that adopt this approach are accepted by USCIS.
[pdf] Sample Judicial U Visa Certification I-918B (August 12, 2020) (+)
This sample judicial certification form is included as part of the U Visa Certification and T Visa Declaration Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates and Other Judicial Officers (August 12, 2020) available at https://niwaplibrary.wcl.american.edu/pubs/judges-u-t-certification-toolkit. The approach to U visa certification by judges reflected in the sample has been used by judges across the country signing U visa certifications in protection order, custody, divorce, and other civil and criminal court cases for many years and certifications that adopt this approach are accepted by USCIS in U visa cases.
[pdf] U-Visa Application Flowchart (+)
Flow chart describing the U visa application process from the U Visa Certification and T Visa Declaration Toolkit for Judges.
[pdf] U Visa Quick Reference Guide for Judges (+)
Reference guide for judges on purpose, benefits, eligibility, qualifying criminal activities, and other requirements for U-Visas and U visa certification by judges. Part of NIWAP’s U Visa Certification and T Visa Declaration Toolkit for Judges.
[pdf] USCIS Arrest Histories of U Visa Petitioners (April 2020) (+)
Report by USCIS documenting the low rates at which U visa applicants and their family members have histories of criminal arrests. The report discusses arrests of U visa victims that include stops by DHS officials for immigration violations which for this group of mostly undocumented victims at higher rates than any other form of criminal history.
[pdf] USCIS-Announces-New-Filing-Location-09.21-Update (+)
Starting June 29, 2020 USCIS is changing filing locations for U visa forms and Adjustment of Status Forms for U visa holders. The term that USCIS uses for lawful permanent residency is “adjustment of status”. USCIS will allow for a 30-day grace period for petitioners to file their U visa and Adjustment of Status forms, and all related forms, at the incorrect service center. The grace period will run through July 30. After that date, USCIS may reject any Form I-918, Form I-918A, Form I-918B, Form I-485, and all related forms sent to the incorrect service center. Visit https://niwaplibrary.wcl.american.edu/pubs/map-of-dhs-new-uscis-filing-locations for the corresponding color-coded map.
[Sep. 21, 2020 Update] Please note: Petitioners can file with I-765 Work Authorization and I-192 Advanced Permission to Enter as a Nonimmigrant applications with their U visa form concurrently. When filing concurrently, petitioners living in green states must file at the USCIS Nebraska Service Center and petitioners living in blue states must file at USCIS Vermont Service Center.
[pdf] U Visa Protections for Family Members (August 12, 2020) (+)
The following chart outlines each of the types of U visas available to immigrant crime victims and their family members. Age-out protections are provided for U visa principal applicants and for the family members they included in their applications (derivatives) who are under 18 or 21 years of age.
[pdf] Map of New USCIS Filing Locations for U Visa and Lawful Permanent Residency Forms (July 24, 2020) (+)
USCIS announced new filing locations for Form I-918 and Form I-485 for applicants filing based on U Nonimmigrant Status. This color-coded map shows which states must file at either the USCIS Nebraska or Vermont Service Centers. This information is current as of its publication date, July 24, 2020. For the most up-to-date information on the U visa form, filing instructions, and where to file, visit https://www.uscis.gov/i-918 .
[pdf] DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims)(Marzo 1, 2017) (+)
El Departamento de Seguridad Nacional ha producido una infografía que provee un resumen de protecciones legales para víctimas de crimen quien son adultos y niños. Esta infografía provee protección sobre inmigración para víctimas que sufren abuso en los estados unidos y/o en el extranjero. Las formas de alivio son: VAWA auto petición, Visa U, Visa T, Presencia Continua, Estado Especial de Inmigrante Juvenil (SIJS) y Asilo. Esta infografía tiene enlaces al sitio de web de DHS con materiales de entrenamiento e información sobre estos programas, formas de aplicaciones e instrucciones producido por el gobierno.
[pdf] National Survey of Service Providers on Police Response to Immigrant Crime Victims, U Visa Certification and Language Access (April 16, 2013) (+)
This report explores police responses to immigrant victims of crime from the perspectives of various service providers, including legal services, pro bono attorneys, social service organizations, domestic violence/sexual assault programs, law enforcement and prosecutors’ offices. The data presented are based on the results of a nationwide survey of organizations serving immigrant victims of domestic violence, sexual assault and human trafficking. We assess the effect that a history of ongoing collaboration between victim and legal services agencies and law enforcement has on U Visa certification practices and language access to the justice system. The paper also examines the experiences of working with Limited English Proficiency (LEP) clients and language access in the field and during legal procedures. A key focus of this paper is to identify factors that support improved access to culturally and linguistically appropriate resources and services, including the identification of systemic barriers that impede access.
[pdf] Congressional Research Service, Immigration Provisions of the Violence Against Women Act (VAWA)(2.13.15) (+)
Congressional Research Service report on VAWA’s immigration provisions and the VAWA Unit that adjudicates VAWA self-petitions, U visa and T visa cases.
[pdf] Battering or Extreme Cruelty in the Context of Elder Abuse from APS Tool Kit (+)
This document explains the Department of Homeland Security regulation’s description of battering or extreme cruelty in the context of elder abuse. It also provides a list of forms of elder abuse by the Center for Disease Control and Prevention that is consistent with DHS’ approach to battering or extreme cruelty. This two-page document is an […]
[pdf] LaRiviere Article Response (+)
[pdf] U-Visa: “Helpfulness” Checklist (+)
This checklist has been developed to assist police, prosecutors, judges, commissioners, magistrates and other U visa certifying officials in identifying the wide range of ways an immigrant crime victim can provide helpfulness to justice system officials and government agencies in detection, investigation, prosecution, conviction or sentencing of U visa listed criminal activity. The document includes citations to U.S. Department of Homeland Security policies, regulations, guidance and training materials on U visa certification and helpfulness. A national team of law enforcement, prosecutors and judicial trainers with expertise and experience on the U visa contributed to the development of the list of examples of helpfulness included in this document based on their experience and expertise.
[pdf] And Legal Services for All: Implementing the Violence Against Women Act of 2005’s New Path to Legal Services Corporation Funded Representation for Immigrant Survivors of Domestic Violence, Sexual Assault, Human Trafficking, and Other Crimes (+)
This article contains a detailed description of the history and purpose of access to legal services funded by the Legal Services Corporation (“LSC”) for immigrant victims of domestic violence, sexual assault, human trafficking and other U visa listed criminal activities. It provides a detailed analysis of the 2014 LSC regulations, policies and the services they provide to immigrant victims, and highlights the very real implications that a lack of legal services can have for individuals who need them most.
[pdf] Sample U Visa Complete Packet With Waiver (Redacted) (+)
Redacted sample of a U visa application with waiver submitted by our fantastic pro bono partners at Crowell and Moring.
[pdf] U-Visa Application Victim Flow Chart (+)
U-visa Application Victim Flow Chart to determine eligibility
[pdf] Department of Labor Field Assistance Bulletin 2011-1 Addendum 2 (July 1, 2019) (+)
Second addendum to Field Assistance Bulletin 2011-2.
[pdf] Department of Labor Field Assistance Bulletin 2011-1 Addendum (April 2, 2015) (+)
Addendum to FAB 2011-1 outlining the guidelines and procedures WHD will follow to determine when and whether to complete and certify Supplement B of an I-918 Petition for U Nonimmigrant Visa Status. This addendum expands the crimes WHD will consider in U visa certifications to include fraud in foreign labor contracting, extortion, and forced labor.
[pdf] Department of Labor Field Assistance Bulletin 2011-1 (+)
Field Assistance Bulletin from the US Department of Labor’s Wage and Hour Division (WHD) discussing guidelines WHD will follow to determine when and whether to complete and certify Supplement B of an I-918 Petition for U Nonimmigrant Visa Status.
[pdf] Nevada: U Visa Certification (2019) (+)
The state of Nevada approved the Assembly Bill 336 in 2019, concerning victims and witnesses, U Nonimmigrant Status, and Certification of Victim Helpfulness. This bill requires that law enforcement, prosecutors, judges or other state or local agencies authorized to sign U visa certifications sign U visa certifications within 90 days of the request (and 14 days if the victim requesting certification is age 20 or in immigration removal proceedings0 and include on the certification forms details about the crime victimization and the victims helpfulness. The law includes a presumption of helpfulness, bars agencies from placing any time limitations on how long ago the crime on which the certification request is based occurred, places limits on when a request can be denied or withdrawn, and requires development of language access protocols and annual reports to the Legislature on certification.
[pdf] December 5, 2018 Newsletter (+)
This issue will cover:
– International Association of Chiefs of Police Adopts Resolution on Education and Awareness of U and T Visa Certifications
– Technical Assistance Topics
[pdf] April 2018 Newsletter (+)
In this issue: – Annoucement of Understanding the Judicial Role in U Visa Certification and “Winning Custody Cases for Immigrant Survivors: The Clash of Laws, Cultures, Custody and Parental Rights” – New Report on CSAJ’s Racial and Economic Equity Project (REEP) – Release of NIWAP’s national survey on increased immigration enforcement on immigrant crime victims
[pdf] North Dakota U Visa Certification Law (2015) (+)
This law creates a protocol for law enforcement agents to follow. When a U Visa applicant requests certification from a police officer and the officer reasonably believes the applicant is a victim, the officer shall complete the corresponding form and request, as soon as practicable.
[pdf] Louisiana: U and T Visa Certification Law (2019) (+)
This Louisiana U and T visa certification law promotes identification of victims of human trafficking requiring notification to the Crime Victim’s Services Bureau and referral of child victims and victims over 18 needing protective services to child or adult protective services and to legal services providers. The law requires law enforcement agencies to sign U and T visa certifications for persons identified as victims of human trafficking.
[pdf] VAWA-Confidentiality-History-Purpose-and-Violations (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter contains detailed legislative history on the development and evolution of the Violence Against Women Act (VAWA) confidentiality protections under U.S. immigration laws. VAWA’s immigration confidentiality protections accomplish three objectives: 1) preventing DHS, DOJ and the U.S. State Department from relying on information provided by a perpetrator or the perpetrator’s family member to harm victims; 2) barring the release by government officials of information about the existence of, actions taken in, or materials contained in a VAWA confidentiality protected case file; and 3) establishing a list of protected locations at which immigration enforcement actions in cases involving immigrant crime victims are not to take place. This chapter discusses each of these protections in detail and includes statutory and legislative history, regulations and government policies implementing VAWA confidentiality protections. This chapter also contains a discussion of sanctions applicable to DHS, DOJ, and State Department officials when VAWA confidentiality violations occur.
[pdf] Immigration Options for Victims of Crimes (+)
Produced by the U.S. Department of Homeland Security covering Violence Against Women Act self-petitions, U visas and T visas. Information on Special Immigrant Juvenile Status and Deferred Action for Childhood Arrivals has been added by the National Immigrant Women’s Advocacy Project, American University, Washington College of Law. Downloadable one page (two sided brochure) available in English, Spanish, Russian, Korean, and Chinese.
[pdf] Identifying Cases Involving Human Trafficking (+)
This card is aimed at helping state court judges identify situations before them that may involve elements of human trafficking and determining what steps to take to assure that victims of human trafficking are protected.
[pdf] State Court Focused Approach to Addressing Human Trafficking (+)
CHARACTERISTICS OF A STATE COURT FOCUSED APPROACH TO ADDRESSING HUMAN TRAFFICKING
[pdf] HTSCC, Infrastructure Required to Support Courts and Justice Partners in Human Trafficking Cases (November 2013) (+)
INFRASTRUCTURE REQUIRED TO SUPPORT COURTS AND JUSTICE PARTNERS IN HUMAN TRAFFICKING CASES
[pdf] Human Trafficking Vctims as Criminal Defendants (+)
This information card is designed to provide information and ideas for state court judges on possible options for dealing with criminal cases in which a defendant is a victim of human trafficking. The card is designed to help judges spot issues and is not meant to provide comprehensive or definitive answers regarding legal rights in specific cases. Judges using this card should also be aware that the law is constantly changing and varies from state to state, and electronic statutory materials on which the card is based may not be up to date.
[pdf] DHS Immigration Relief for Crime Victims (+)
Produced by the U.S. Department of Homeland Security covering Violence Against Women Act self-petitions, U visas and T visas. Information on Special Immigrant Juvenile Status and Deferred Action for Childhood Arrivals has been added by the National Immigrant Women’s Advocacy Project, American University, Washington College of Law. Downloadable one page (two sided brochure) available in English, Spanish, Russian, Korean, and Chinese.
[pdf] Police Executive Research Forum Article – U Visas and the Role of Local Police In Preventing and Investigating Crimes Against Immigrants (June – August 2017) (+)
Police Executive Research Forum (PERF) article highlighting importance of U-Visa in aiding and protecting immigrant communities by local police.
[pdf] Penal Code Cheat Sheet- U visas with ICWC_TC (+)
[pdf] Flowchart for U-Visa Process (+)
A flow chart describing the process of accessing a U-Visa from initial criminal activity through potential green card.
[pdf] Illinois: U Visa Certification Law (2022) (+)
The Illinois General Assembly passed the Voices of Immigrant Communities Empowering Survivors (VOICES) Act in 2017 with amendments in subsequent years with the latest update going into effect January 1, 2022. This Illinois U visa certification law requires law enforcement, prosecutors and other state and local agencies in Illinois including child and adult protective services to sign U visa and T visa certifications and requires that agencies designate certifying officials and make information about the agency’s certification process publicly available. Certifiers are required to respond to certification requests within 90 days and in 21 days if the victim is in removal proceedings. If the applicant or their child will reach the age of 21 or their sibling will reach the age of 18 before the 90 days the agency must respond to the certification request within 21 days and in certain instances within 5 days. The act contains provisions governing issuance and withdrawal of certifications and limits disclosure of information about the person seeking certification.
[pdf] VAWA Protections for Immigrant Survivors and the 2018 Domestic Violence Asylum Policies (November 19, 2018) (+)
[pdf] Flyer Offering Training on Best Practices: Immigrant Crime Victims, Language Access and the U-Visa (June 14, 2019) (+)
Flyer advertising the availability of training on language access, and U and T visa certification by law enforcement and prosecutors and working with immigrant and LEP victims. The reverse side of the flyer contains information about the technical assistance available to law enforcement, prosecutors, advocates, attorneys and other professionals working with immigrant crime victims.
[pdf] Model Policy for Working with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations (+)
A model policy that endorses the use of the U Visa as a crime fighting tool for law enforcement agencies to better serve immigrant victims of crime.
Nov. 30, 2018: U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role (Webinar)
Webinar U Visa Certifications and Special Immigrant Juvenile Status: The Judge’s Role[1] November 30, 2018 Also see our full library of State Justice Institute supported materials for courts at www.niwap.org/go/sji To receive updates, sign up for NIWAP’s outreach list. https://www.surveymonkey.com/r/Z6373LX You can elect NIWAP’s general outreach list to receive notices of trainings, webinars, new materials, […]
*The U Visa and VAWA Training Modules
NIWAP partnered with One Justice and the Pro Bono Training Institute to create two training modules. The U Visa Module can teach trainees how to assist individuals in drafting an adjustment of status petition. You can also apply for California CLE credit. In order to sign up for the course, click our U Visa Training […]
[pdf] U Visa Case Scenarios Faculty Sheet (+)
*Gender-based Asylum 2018 policies have no effect on VAWA protections for Immigrant Domestic Violence Victims
Violence Against Women Act protections for immigrant survivors of domestic violence continue in full force and effect and are NOT affected by the 2018 domestic violence asylum policies issued by the U.S. Department of Justice. On June 11, 2018, the Attorney General issued a new precedential decision, in Matter of A-B-, 27 I&N Dec. […]
*Understanding the Judicial Role in U Visa Certification
This article is from American Journal of Family Law, Vol. 31, No. 4 (Winter 2018). It discusses the role of judges as U visa certifiers, as outlined in the Violence Against Women Act of 2000. This article can be accessed through Wright’s Media at 1-877-652-5295 or go to the Wright’s Media website. If you would like NIWAP to […]
[pdf] DHS Infographic – Thai (+)
*U and T Visa Toolkit for Law Enforcement Agencies and Prosecutors
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 […]
*Pro Bono Training Institute “U Visa” Training Module
Pro Bono Training Institute “U Visa” Training Module In collaboration with the Pro Bono Training Institute, NIWAP has created online training modules to assist individuals and attorneys with filing U Visa applications. You will need to register for a free PBTI account to complete the module. Curriculum U Visa Introduction U Visa Requirements U Visa […]
[pdf] Overcoming Fear and Building Trust With Immigrant Communities and Crime Victims (Police Chief Magazine April 2018) (+)
This article in Police Chief Magazine discusses the benefits of U and T visa certification programs for law enforcement, reports results from a 2017 survey of law enforcement officers regarding their experiences of working with immigrant crime victims in 2016 and 2017 and based on the findings makes recommendations regarding adopting U visa and T visa certification practices and policies, language access plans, training law enforcement officers on U and T visa certification and receiving technical assistance from law enforcement officials who are national experts.
*Labor Charts: Employment Based U Visa Criminal Activity State Charts (December 31, 2021)
NIWAP has developed comprehensive charts tracking state laws on forced labor, involuntary servitude, slavery, slave trade, and peonage, which are not expressly included on the U visa criminal activity list, and identified the qualifying criminal activities on the U visa list that are contained within these state statutes. The goal of these charts is to […]
[pdf] Appendix G – DHS Immigrants Options for Victims of Crime (English) (+)
This Appendix provides a snapshot of immigrant’s options for victims of crime.
[pdf] San Francisco Superior Court Civil Division U-Visa Certification Protocol 10-27-17 (+)
This U-Visa Certification Protocol adopted by the Superior Court of California, San Francisco County for the Civil Division is a model that can be adopted by courts across the country. The policy cites and is fully consistent with DHS policies, regulations and publications on U visa certification.
[pdf] U and T Certification Training Materials (+)
List of training materials on U and T Visa Certification
[pdf] Miami -National Consortium -National Judge’s Conference Powerpoint (+)
*Training Tools for Prosecutors on the U Visa, VAWA and Criminal Court Discovery (June 2023)
AEquitas, The Prosecutor’s Resource on Violence Against Women and the National Immigrant Women’s Advocacy Center, American University, Washington College of Law have created tools for prosecutors working on cases involving immigrant crime victims. The development of these tools was funded by the Office on Violence Against Women, U.S. Department of Justice. What’s Immigration Status Got […]
[pdf] DHS Protections for Immigrant Victims – Russian (+)
СРЕДСТВА ЗАЩИТЫ ДЛЯ ИММИГРАНТОВ – ЖЕРТВ ПРЕСТУПЛЕНИЙ
[pdf] DHS Infographic – Chinese (中文) (+)
DHS Infographic – Chinese (中文)
[pdf] DHS PROTEÇÕES PARA VÍTIMAS IMIGRANTES – (Protections for Immigrant Victims) [pdf] (+)
O Departamento de Segurança Interna produziu uma infográfico que fornece um resumo das proteções legais para vítimas de crimes que são adultos e crianças. Este infográfico fornece proteção de imigração para vítimas de abuso nos Estados Unidos e / ou no exterior. As formas de alívio são: VAWA, visto U, visto T, presença contínua, status […]
[pdf] Connecticut U Visa Law Enforcement Protocol (June 22, 2010) (+)
The Connecticut Officer Standards and Training Council issued a detailed protocol setting out U and T visa certification policies and training requirements for law enforcement agencies in Connecticut. General Notice 10-01. “Adoption of a Uniform Connecticut Law Enforcement Protocol for Treating Victims of Family Violence Whose Immigration Status is Questionable.” This implements the provisions of Connecticut Code Section 46b-38b(e)(5) which requires that every police department in the state designate at least one official responsible for U visa certification who assist immigrant victims with U visa certification.
[pdf] California: New and Existing State and Federal Laws Protecting Immigrnat Victims of Crime (October 28, 2015) (+)
Policy issued by the State of California Attorney General on U visa certification in California.
*California’s U Visa Certification Law (Penal Code Section 679.10)
California’s Immigrant Victims of Crime Equity Act (SB 674; California Penal Code Section 679.10) became law on January 1, 2017. Implementing policy for the California Attorney General: New and Existing State and Federal Laws Protecting Immigrant Victims of Crime October 28, 2015. Immigrant Legal Resource Center (ILRC) Publications on California’s U Visa Certification Law ILRC fact […]
*Police Executive Research Forum’s Summer 2017 Newsletter Article: “U Visas and the Role of Local Police in Preventing and Investigating Crimes Against Immigrants”
The Police Executive Research Forum’s summer 2017 newsletter,Subject to Debate, contains a wealth of information on immigration issues and is available here: https://www.policeforum.org/assets/docs/Subject_to_Debate/Debate2017/debate_2017_junaug.pdf. With support from the Carnegie Corporation, this special issue pays particular attention to the police role in U Visas. Our article explores the potential for using the U Visa to build trust with […]
*Guide to Obtaining U Visa Certifications Practice Advisory (July 2017)
The Immigrant Legal Resource Center has produced a great resource on U visa certification that includes an overview of state U visa laws and pending legislation. “This practice advisory outlines some suggestions and resources for immigration advocates working with law enforcement agencies to obtain law enforcement certification for U Visa applicants. It also includes a […]
[pdf] May/June 2015 Sheriff Magazine Article: Immigrant Crime Victims, Language Access, and the U and T Visas: Free Training and Resources (+)
[pdf] Attorney General Guidelines for Victim Witness Assistance (2005) (+)
[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/
*New U and T Visa Application and Certification Forms (December 6, 2021)
December 2021 The United States Citizenship and Immigration Services released updated U visa application and certification forms. The new forms include the criminal activities added by the Violence Against Women Act 2013 – stalking and fraud in foreign labor contracting. The certification form will also be more certifier friendly for a broader range of U […]
[pdf] Department of Homeland Security: U Visa Immigration Relief for Victims of Certain Crimes: An Overview for Law Enforcement (February 2017) (+)
The U.S. Department of Homeland Security published a tool that provides an overview for law enforcement and other government agencies (including judges) authorized by the U Visa statutes, regulations and policies to sign U visa certifications. The overview describes the role of a certifier, what constitutes U Visa criminal activity, which government agencies are eligible to certify, who can sign a certification, when a certification may be signed, tips for completing the certification, and includes phone numbers, websites and resources available to assist certifiers from DHS and United States Citizenship and Immigration Services.