Webinar in collaboration with the Battered Women’s Justice Project
Immigration > U Visa and Immigrant Crime Victims
Topic: U Visa and Immigrant Crime Victims
Materials for U Visa and immigrant crime victims.
[pdf] Beyond DACA: Pathways to Immigration Relief for Students (November 12, 2014) (+)
Webinar Co-led by NIWAP and the University of Michigan.
[pdf] VAWA Reauthorization 2013 Changes to U Visa and Adjustment of Status (+)
Interim Guidance policy memorandum implementing VAWA 2013 statutory changes to the U visa program. This memo adds new crimes, discusses age out protections for U visa children, the public charge exception for VAWAs, Ts and Us, U visa adjustment of status improvements, and access to foster care and unaccompanied refugee minor programs for certain u visa recipients.
[pdf] Immigrant Crime Visas: Law Enforcement’s Tool to Strengthen Community Policing (+)
Webinar in collaboration with BWJP
[pdf] All Things U Visa – Open Forum (August 25, 2016) (+)
[pdf] Response to Recommendations on Parole for Eligible U Visa Principal and Derivative Petitioners Residing Abroad (+)
“USCIS plans to implement a policy for principal U visa petitioners on the waiting list who reside abroad and any qualifying derivative family members who reside abroad to request parole to enter the United States while the principal U visa petitioner is on the waiting list. USCIS recognizes that the U visa provides lawful immigration status to a vulnerable population, and USCIS believes that this population will be better served through an established and streamlined process to request parole.”
[pdf] Parole for Eligible U Visa Principal and Derivative Petitioners Residing Abroad (+)
Report by the Department of Homeland Security’s Ombudsman recommending The Ombudsman that:
1. Consistent with its regulations, USCIS should afford parole to eligible U petitioners and family members on the waiting list who reside abroad by creating a policy to facilitate entry into the United States while waiting for a visa to become available.
2. The parole policy created by USCIS should allow for concurrent filings of the U visa petitions and requests for parole.
3. Cases should be adjudicated at the Vermont Service Center, where U petitions currently are processed, to ensure consistent and effective adjudication, and where Congress expressly authorized the placement of the adjudication of vulnerable populations.
USCIS agreed on September 7, 2016 to that it will allow Waitlist approved U visa victims and the family members they included in their applications are eligible to apply for humanitarian parole into the United States.
[pdf] USCIS Accepts the Ombudsman’s Recommendation to Adopt Parole Policy for U Visa Petitioners and Family Members (+)
DHS announcement confirming the USCIS will accept humanitarian parole applications for wait list approved U visa victims and the family members the U visa victims included in their U visa application. This policy promoted family unity and victim protection. Helps U visa victims who may be harmed by perpetrators abroad enter the U.S. promoting their safety and facilitating their cooperation in criminal investigations and prosecutions.
[pdf] Abused, Abandoned, or Neglected: Legal Options for Recent Immigrant Women and Girls (August 2016) (+)
This article discusses legal options for immigrant girls and immigrant women who are recent immigrants to the United States. It provides an overview of legal immigration relief options including the VAWA self-petition, U Visa, T Visa, Special Immigrant Juvenile Status (SIJS) and Deferred Action for Childhood Arrivals. The article provides a detailed legislative history of SIJS, discusses the importance of trauma informed screening of immigrant children for immigration relief eligibility, and provides an overview of help that Legal Services Corporation funded programs can provide to immigrant children who have suffered battering, extreme cruelty, sexual assault or human trafficking. Importantly the article provides a detailed discussion of the special role state family and juvenile courts play and legal issues that arise in state court proceedings that are a prerequisite to a child’s ability to file a case seeking SIJS immigration relief.
[pdf] Resource List (+)
Resources list for U Visa certification.
[pdf] Slides from “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” (+)
These slides were presented by Leslye Orloff in a keynote address entitled “Helping Sexual Assault and Human Trafficking Victims: Holding their Abusers Accountable” at Youngstown State University on March 31, 2016. For additional materials relevant to this training, please visit www.niwap.org/go/Ohio2016.
[pdf] Bipartisan Women Made Anti-Violence Act Happen (+)
Article by Ann Moline Women’s Enews correspondent, on the collaboration between Democratic and Republican Senate staff who led Senator Kennedy and Abraham’s work on the Violence Against Women Act of 2000’s immigration protections including the creation of the U and T Visas and improvements to VAWA self-petitioning, VAWA cancellation of removal and VAWA suspension of deportation.
[pdf] Slides from U Visa Consular Processing: How to Get Qualifying Family Members to the U.S. (+)
These slides were presented by Edna Yang, Rocio Molina, and Mercedes Lorduy at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from Complex Issues that May Arise When Filing a U Visa Application: Inadmissibility, Derivative Applications, and Waitlists (+)
These slides were presented by Edna Yang and Mercedes V. Lorduy at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from U Visas Crime Fighting Tool: Tips, Tools, and Certification for Law Enforcement and Prosecutors Working With Immigrant Survivors (+)
These slides were presented by Officer Michael LaRiviere, Detective Shelli Sonnenberg, and Bill Tamayo at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 30, 2015.
[pdf] Slides from How to Obtain U Visa Certification in Family and Criminal Courts (+)
These slides were presented by Commissioner Loretta Young, Judge Mary Weir, and Leslye E. Orloff at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] Slides from U Visa 101: Nuts and Bolts of the Application and Certification (+)
These slides were presented by Rocio Molina, Benish Anver, and Aparna Bhattacharyya at the Community of Responders: A Holistic Approach to Working with Immigrant Survivors of Abuse in New Orleans, LA on July 29, 2015.
[pdf] U Visa LEP Training for LE and Prosecutors NSA 2016 (+)
This workshop was presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Sheriff’s Association Winter 2016 Conference in Washington, D.C. The slides aim enhance officer, victim, and community safety using language access and certification programs including the U and T Visas.
[pdf] Law Enforcement and Prosecution Best Practices: Immigrant Crime Victims, Language Access and the U Visa Slides (NCVC Anaheim Training 2015) (+)
These slides were presented by Leslye E. Orloff and Officer Michael LaRiviere at the National Center for Victims of Crime 2015 Training Institute. The slides aim to educate law enforcement, prosecutors, and other victim service providers about their role in providing services to immigrant crime victims, including providing U visa certification and T visa endorsement.
[docx] SJI Training Material – Minnesota (+)
A handout of the material distributed in the judge’s training in Minnesota. Interest in this training arose as a result of our work with judges in Minnesota on U visa certification by judges. Leslye Orloff and Judge Lora Livingston presented at this training in December 2015. NIWAP worked with the Judicial Education Program Manager to identify which areas needed to be addressed and issues the judges were most interested in learning more about.
[pdf] DHS U and T Visa Law Enforcement Resource Guide Updated November 30, 2015 (+)
Updated November 30, 2015, the Department of Homeland Security published an updated resource guide to clarify and further explain the role of certifying agencies in the U and T visa application process. This guide addresses concerns, answers common questions, and provides accurate information on signing I-918B and I-914B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or prosecutorial authority. The guide provides information on what U and T visas are, discusses U visa qualifying criminal activities and severe forms of trafficking in persons, explains the standard for “helpfulness” and “reasonable request for assistance”, and has many more important tips and information about the U and T visa.
*Empowering Survivors Table of Contents
This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]
*Breaking Barriers Table of Contents
Breaking Barriers is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to […]
[pdf] Sample Affidavit In Support for a Fee Waiver Request from USCIS (Template) (+)
Example of Affidavit in Support of Fee Waiver to USCIS for immigrant victims applying for VAWA self-petition, U visa waiver (I-192), Employment Authorization Document (I-765) and Adjustment of Status (I-485).
[pdf] U-Visa Collaboration and Protocols (+)
Fact sheet on U-visa background, requirements, and protocols.
[pdf] Building Trusting Relationships: A Guide for Advocates/Attorneys Working With Law Enforcement On U-Visa Certification Issues (+)
A flowchart of options for advocates and attorneys that seek to collaborate with LE on U-Visa certification cases. This flowchart describes how to build a trusting relationship as an advocate or attorney working with law enforcement on u-visa certification issues.
[pdf] Comparing Forms of Immigration Relief for Immigrant Victims of Crime (+)
This chart has been developed as a tool to help advocates, attorneys, judges, law enforcement and other professionals to promote a basic understanding of how various forms of immigration relief available to help immigrant crime victims and children differ. The chart compares eligibility requirements, access to employment authorization and lawful permanent residency, and the application process.
[pdf] U Visa Helpfulness Case Scenarios (+)
These scenarios serve as a training tool for police, prosecutors, judges, and other officials to assist in identifying and addressing issues that arise in accessing helpfulness for U visa certification purposes.
[pdf] Comparison Chart of Violence Against Women Act (VAWA) Self-Petitioning, U visa, and Special Immigrant Juvenile Status (SIJS) (2015) (+)
This chart compares forms of crime victim based immigration relief for immigrant children. It covers VAWA self-petitioning for child abuse victims, the U visa for child victims of child abuse, sexual assault and other forms of criminal activity and special immigrant juvenile status available for children who have been abused, abandoned or neglected by one or both of their parents. The chart compares eligibility for immigration relief, the immigration relief process, timing of access to lawful permanent residency and access to public benefits and services among these three forms of immigration relief.
[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (National) (+)
This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses judicial ethics ABA rules and a 2015 Minnesota Advisory Opinion discussing how, when and why judges can sign U visa certifications consistent with judicial ethics rules and canons.
[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (Minnesota) (+)
This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses how, when and why the Minnesota Code of Judicial Conduct permits signing of U visa certifications and the June 26, 2015 Minnesota Board of Judicial Standards Advisory Opinion 2015-2 on this issue.
[pdf] U Visa Certification by Judges: Minnesota Board of Judicial Standards Opinion 2015 (+)
This opinion by the Minnesota Board of Judicial Standards discusses how judges can sign U visa certifications consistent with the codes of judicial ethics. There are two Judicial Training and Education Updates one national https://niwaplibrary.wcl.american.edu/pubs/national-uvisa-judicial-training-update/ and one for Minnesota https://niwaplibrary.wcl.american.edu/pubs/minnesota-uvisa-judicial-training-update/ that discusses the this opinion and its implications on U visa certification by judges. The November 30, 2015 U and T Visa Law Enforcement Resource Guidefor Federal, State, Local, Tribal and Territorial Law Enforcement, Prosecutors, Judges, and Other Government Agencies written by the Department of Homeland Security provides further information for judges on U visa certification. https://niwaplibrary.wcl.american.edu/pubs/dhs-updated-u-certification-resource-guide-2015/
[pdf] Immigrant Women, Work, and Violence Statistics (2015) (+)
This document collects, reports, and summarizes research findings regarding immigrant women, work, and violence.
[pdf] Chapter 08: Immigration Relief for Child Sexual Assault Survivors (July 10, 2014) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides basic information on various immigration remedies available to child survivors of sexual abuse and/or assault. This chapter will cover: (1) VAWA (“Violence Against Women Act”) self-petitioning; (2) VAWA cancellation of removal and suspension of deportation; (3) Special Immigrant Juvenile status (“SIJ”); (4) U-visas/interim relief; (5) T-visas; and (6) asylum.
[pdf] Department of Justice Memorandum: Unlawful Presence As is Applies to Person Granted Deferred Action (+)
this Department of Justice memorandum addressing issues relating to the 3 and 10-year bars to admission under Section 212(a)(9)(B)(i)(I) and (II) of the Immigration and Nationality Act and the decision to designate as a period of stay authorized by the Attorney General the entire period during which an alien has been granted deferred action by the Immigration and Naturalization Service (INS).
[pdf] USCIS T and U Visa Adjustment Rule Factsheet (December 12, 2008) (+)
Adjustment of status to lawful permanent residence for aliens in T or U Nonimmigrant status regulations.
[pdf] A U-Visa Factsheet for Advocates (+)
A fact sheet that answers frequently asked questions about U-Visas.
[pdf] Evidence Checklist for Immigrant Victims Applying for the Crime Victim Visa (+)
Under the Victims of Trafficking and Violence Protection Act of 2000 (“VTVPA”), battered noncitizens and other crime victims may be eligible for a nonimmigrant visa, the U Visa. This form of relief, if granted, gives the applicant immediate legal status as a nonimmigrant and possible lawful permanent residence in the long-term. The following is a list of the requirements that must be met by an applicant, and some suggestions of evidence that may be offered to meet each requirement. Additionally, the Department of Homeland Security (DHS) is required to consider “any credible evidence” in its adjudication of an applicant’s case. The suggested evidentiary documents in this memo are meant to be guidelines, and not exhaustive descriptions of the types of evidence that may be offered to support an application under the U Visa.
[pdf] Instructions for Form I-918 Supplement B, U Nonimmigrant Status Certification (December 2021) (+)
Instructions for Form I-918 Supplement B, U Nonimmigrant Status Certification. (New Form December, 2021)
[pdf] Form I-918 Supplement B: U Nonimmigrant Status Certification (December, 2021) (+)
In March of 2017 United States Citizenship and Immigration Services released a new U Visa Certification Form for to be used by law enforcement, prosecutors, judges, commissioners, magistrates, the EEOC, the Department of Labor and other U visa certifying agencies. Form I-918 Supplement B: U Nonimmigrant Status Certification
[pdf] Form I-918 Supplement A: Petition for Qualifying Family Member of U-1 Recipient (March 2017) (+)
Form I-918 Supplement A: Petition for Qualifying Family Member of U-1 Recipient (March 2017)
[pdf] Form I-918: Petition for U Nonimmigrant Status (+)
Blank Sample Form I-918: Petition for U Nonimmigrant Status
[pdf] Instructions for Form I-918 Petition for U Nonimmigrant Status (+)
Instructions for Form I-918 Petition for U Nonimmigrant Status
[pdf] Barriers and Successes in U Visas for Immigrant Victims: The Experiences of Legal Assistance for Victims Grantees (July 23, 2014) (+)
The paper focuses on problems, successes, and creative solutions reported by attorneys and advocates working with immigrant victims eligible to receive crime victim U visas under federal immigration laws. Victims applying for U visa immigration relief must, under current law, submit a U visa certification signed by the head of a law enforcement agency, prosecutor, judge, or other government official with their U visa application. This research provides information regarding effective strategies and best practices used by grantees that are successful in obtaining U visa certification. The systemic barriers that immigrant victims and their advocates encounter when working with U visa are also discussed, along with creative solutions grantees are using to overcome these barriers.
[pdf] Lieutenant Chris Cole: Statement in Support of U Visas, T Visas, and VAWA Self-Petitions (+)
Lieutenant Chris Cole, Storm Lake, Iowa Police Department, Statement in Support of U Visas, T Visas, and VAWA Self-Petitions
[pdf] Police Captain Maria Alvarenga-Watkins: Statement of Support of U Visas, T Visas, and VAWA Self-Petitions (+)
Police Captain Maria Alvarenga-Watkins, D.C. Metropolitan Police Department (Retired) Statement in Support of U Visas, T Visas, and VAWA Self-Petitions.
[pdf] Officer Michael P. LaRiviere: Statement in Support of U Visas, T Visas, and VAWA Self-Petitions (+)
Officer Michael P. LaRiviere: Statement in Support of U Visas, T Visas, and VAWA Self-Petitions.
[pdf] Chief Pete Helein (Retired): Statement in Support of U Visas, T Visas, and VAWA Self-Petitions (+)
Chief Pete Helein (Retired): Statement in Support of U Visas, T Visas, and VAWA Self-Petitions.
[pdf] Sergeant Inspector Antonio Flores: Statement in Support of U-Visas, T-Visas, and VAWA Self-Petitions (+)
Sergeant Inspector Antonio Flores, San Francisco Police Department, Statement in Support of U-Visas, T-Visas, and VAWA Self-Petitions
[pdf] The U-Visa: An Important Tool for Community Policing (+)
Newsletter aimed towards law enforcement about the U-visa as a tool to help build police build a bridge tot eh neighborhoods they serve and solve crimes in.
[pdf] U Nonimmigrant Visas for Victims of Criminal Activity (+)
Department of State reference document that can provide guidance about processing nonimmigrant visas in the U category.
[pdf] Questions for CIS Regarding U Visas (+)
Frequently asked questions about U visas.
[pdf] Guidance on Adjudicating Stay Requests Filed by U Nonimmigrant Status (+)
US Immigration and Customs Enforcement Memorandum providing guidance to the ICE Office of Detention and Removal Operations Directors about factors to consider when adjudicating requests for a Stay of a Final Administrative Order of Removal filed by an alien with a pending petition for U nonimmgrant status (U-Visa).
[pdf] Field Adjudicators Manual: New Classification for Victims of Criminal Activity – Eligibility for “U” Nonimmigrant (+)
USCIS Memorandum to provide guidance to USCIS officers regarding eligibility requirements and procedures under the new nonimmigrant classification created by the Victims of Trafficking and Violence Protection Act of 2000.
[pdf] Fact Sheet: Certifying U Nonimmigrant status (+)
Fact sheet on certifying U nonimmigrant status using the I-918 form and supplement B. An alien victim of criminal activity may file for U Nonimmigrant Status – status set aside for victims of crimes who have suffered substantial mental or physical abuse because of the activity and who also are willing to assist law enforcement agencies or government officials in the investigation of that activity.
[pdf] Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (+)
Policy memorandum authorizing the Vermont Service Center to approve an Application to Extend/Change Nonimmigrant Status (Form I-539) to extend U nonimmigrant status for a derivative family member whose initial period of stay is for less than four years.
[pdf] EEOC Procedures for U Nonimmigrant Classification Certification (+)
Memorandum discussing Equal Employment Opportunity Commission’s procedures for processing requests to certify U visa petitions.
[pdf] Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) Policy (+)
DOJ Memorandum giving instructions providing interim guidance to INS relating to VTVPA. Establishes interim procedures while regulations implementing T and U visa status are being promulgated by INS.
[pdf] Centralization of Interim Relief for U Non-Immigrant Status Application (+)
Memorandum establishing the Vermont Service Center as the centralized location for processing requests for interim relief for applicants for U nonimmigrant status.
[pdf] T Visa and U Visa Adjustment to Lawful Permanent Residency Regulations (December 12, 2008) (+)
The Department of Homeland Security is amending its regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident. This rule provides that family members of a principal T or U nonimmigrant granted or seeking adjustment of status may also apply for adjustment of status to lawful permanent resident. This rule also
provides for adjustment of status or approval of an immigrant petition for certain family members of U applicants who were never admitted to the United States in U nonimmigrant status.
[pdf] Guidance Regarding U Nonimmigrant Status (U visa) Applicants in Removal Proceedings or with Final Orders of Deportation or Removal (+)
This memorandum provides field guidance to ensure compliance with the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) regarding aliens with pending U visa petitions who are either (1) subject to a final administrative order of deportation or removal and request a stay of removal or (2) in removal proceedings.
[pdf] Early Access to Work Authorization For VAWA Self-Petitioners and U-Visa Applicants (February 12, 2014) (+)
This NIWAP report, which was published in 2014, summarizes the purpose, history, and importance of work authorization for immigrant survivors of domestic violence. It also summarizes a 2013 NIWAP survey of service providers about the length of time their clients spent waiting for work authorization, what occurred during the waiting period, and their experiences after receiving work authorization.
The initial process of obtaining work authorization often takes too long and exposes immigrant survivors of violence to retaliation, coercion, and further harm including incidents of violence and abuse. This document includes recommendations on policy changes in processing VAWA self-petitions and U-Visa applications. It also includes an appendix with illustrative cases showing the impact of delays in processing times for VAWA self-petitioners and U-Visa applicants with a pending case.
[pdf] Current State of VAWA and Trafficking Victim Protection Act Implementing Regulations and Policies (February 13, 2013) (+)
The following article provides an up-to-date list of VAWA statutory provisions for which no implementing regulations or policies have been issued. This list is followed by a consequent list of VAWA and Trafficking Victim
Protection Act (TVPA) regulations that were overruled by statute. This report ends with a list of
current regulations that do not reflect expansions of VAWA or TVPA protections that became
law subsequent to the issuance of the regulations.
[pdf] Immigration Relief for Victims of Human Trafficking and Other Crimes (Continued Presence, T and U Visas) (+)
Information for law enforcement officials on immigration relief for victims of human trafficking and other crimes. This document contains information about the forms of immigration relief and the distinct roles that HSI, USCIS, and law enforcement officials play in assisting victims.
[pdf] Blue Card: Screening Tool for Victims Who Qualify for Immigration Protective Relief (March 2, 2018) (+)
Questions for eligibility for protective relief under VAWA, Battered Spouse Waiver, T Visa, and U Visas, as well as information on language access.
[pdf] U-Visa Victim Benefits Under the Affordable Care Act (ACA) (+)
The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. The Patient Protection and Affordable Care Act (popularly known as the “ACA”) of 2010 sought to increase health care coverage in the United States by requiring that eligible individuals purchase qualified health insurance plans and the establishment of online health insurance exchanges, which contain multiple private health insurance plans. Similar to other public benefits, there is no one-size-fits-all rule as to when immigrant victims qualify for subsidies and for what health care benefits may be covered by subsidies. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. Lawfully present U-Visa victims are subject to the individual mandate, unless they meet the low-income exception, and are eligible to purchase insurance on the exchanges. In the vast majority of states, lawfully present U-Visa victims do not receive health care subsidies and when subsidies are offered they are generally only for prenatal and child health care.
[pdf] Detained or Deported: What About My Children? What to do if You Can’t Be With Them (+)
This guide describes the child welfare system in great detail. If you do not know what a word or term means, see the Glossary. You may need to read certain sections in this guide several times in order to understand and you may also need to ask someone else for help.
[pdf] Adult Protective Services Administration by State (+)
List of adult protective services administration by state.
[pdf] U-Visa Legal Advocacy: Overview of Effective Policies and Practices (December 12, 2013) (+)
This policy brief provides an overview of successful collaborations that lead to improved access to U visa certification for immigrant crime victims. A review of the experiences reported by grantee organizations of the Legal Assistance for Victims (LAV) Program, administered by the Office on Violence Against Women (OVW) found that successful collaborations with law enforcement agencies that grantees built over time, working on a range of domestic violence and sexual assault issue, led to more positive outcomes for immigrant survivors seeking U visa collaborations. This policy brief contains illustrations and recommendations for best practices for building sustainable collaborations that benefit law enforcement, immigrant victims, advocates, attorneys and the communities.
[pdf] Department of Homeland Security Policy Answers to Law Enforcement Reasons for Not Certifying (+)
This document presents a list of many questions frequently asked by government agencies considering U visa certification. For each of the often reported reasons that agencies provide for not certifying the documents lists provides correct information in response to that question based on citations to information from published DHS policies, publications, regulations, regulatory history, statutes, roll call videos and training materials.
[pdf] Chapter 04: The U-Visa Remedy for Immigrant Victims of Sexual Assault and the Need For Multidimensional Collaboration (+)
This chapter offers a brief analysis of the dimensions and intersections of collaborations needed to most successfully assist an immigrant survivor with the U visa remedy. Although the U visa remedy is available to immigrant victims of enumerated crimes of violence, the focus of this chapter is on building the types of collaborations that are effective in cases of immigrant victims of sexual assault, sexual violence, and abusive sexual conduct.
[pdf] Chapter 17: Access to Health Care for Immigrant Victims of Sexual Assault (July 10, 2013) (+)
Chapter 17 in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter describes the range of services an immigrant victim of sexual assault can access through different programs and services of the health care system. The Health Care Charts contain state-by-state information that helps victims and their advocates identify what health services immigrant victims can access, depending on the State they live in and their immigration status. This chapter discusses how health care access grows as an immigrant victim files for and receives immigration benefits, health care options for undocumented victims, access to health care exchanges for immigrant survivors, which forms of immigration relief bring greatest access to health care, and survivors and their children who may be eligible for health care subsidies under state options and federal law.
Law Enforcement, Prosecutor and T and U Visa Certifier Training Materials
Most of the documents in this section and the trainings provided to law enforcement and prosecutors listed at the end of this section were supported by grants from the Office on Violence Against Women, The Bureau of Justice Assistance and/or the Training and Technical Assistance Center of the Office of Victims of Crime of the […]
[pdf] SEXUAL VIOLENCE IN THE WORKPLACE: CASE STORIES (+)
Presents case stories on sexual violence in the workplace
[pdf] Immigrant and Limited English Proficient Victims’ Access to the Criminal Justice System: The Importance of Collaboration (April 30, 2013) (+)
Fact Sheet highlighting findings from a national survey NIWAP conducted documenting immigrant crime victims’ experiences when they called the police for help in domestic violence, sexual assault and human trafficking cases. The findings provide data on the use of qualified interpreters at crime scenes by police and law enforcement barriers to U visa certification. In communities where established collaborative relationships between law enforcement and victim advocates and attorneys existed, law enforcement was significantly more likely to sign U visa certifications and more likely to provide language assess for limited English proficient crime victims at crime scenes.
[pdf] Immigrant Crime Victim Child Care Access Chart (+)
This chart details the TANF-funded child care options available to immigrants, broken down by state and by immigration status, as well as the eligibility requirements of the Child Care Development Fund (CCDF).
[pdf] Flowchart on Access to Federal and State Public Benefits For U-Visa Victims (+)
This is a flowchart on U-Visa victims’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] Social Science Research Documents the Need for VAWA Self-Petitions and U-Visas (+)
This report presents important research-based information about how and why VAWA’s immigration protections, self-petitioning, U and T-visas, and VAWA protections from deportation are essential to protect immigrant victims of domestic violence, rape, sexual assault, human trafficking, and other violent crimes suffered by non-citizen women and children in the United States.
[pdf] The Importance of the U-visa as a Crime-Fighting Tool for Law Enforcement Officials (December 3, 2012) (+)
The U-visa has become an important crime fighting tool that helps law enforcement officials, including police, sheriffs, and prosecutors across the country to build trust with immigrant crime victims and their communities. In this report, law enforcement officials describe the ways in which the U-visa has helped them in detecting, investigating, and prosecuting crime in their communities. (December 13, 2012).
[pdf] U-Visa Victims and Lawful Permanent Residency (2012) (+)
This survey examined the extent to which U visa recipients were eligible for and pursued lawful permanent residency and found that U visa victims were providing cooperation with law enforcement at high rates and were also able to demonstrate the humanitarian need, public interest or family unity required to receive U visa based lawful permanent residency status.
[pdf] Stories from the Field (+)
This collection of stories was developed to illustrate the harms to immigrant victims of domestic violence and sexual assault that would occur if proposed changes in the immigration protections offered under VAWA and U visa immigration relief were rolled back. Provisions in the House VAWA Reauthorization of 2012 proposed to make significant changes to the U visa program that would cut off U visa access for many victims, would end U visa lawful permanent residency protections, and would impose case processing changes that would endanger victim safety. This storybook contributed to President Obama issuing a veto threat of legal protections currently available in law were rolled back in VAWA 2013 for any victims. The stories illustrate how victims will be harmed if access to lawful permanent residency for u visa victims is denied; why U visa holders need lawful permanent residency, U visa case benefits for victim safety and law enforcement even when no criminal case is opened or pursued; and Perpetrator Interference With Victim Access to VAWA Immigration Relief.
[pdf] U Visa Law Enforcement Certification Resource Guide (+)
Department of Homeland Security resource guide clarifies and explains the role of certifying agencies in the U visa application process. This guide was published by DHS to provide accurate information on signing I-918B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or proprietorial authority. The guide provides information about what a U visa is, how law enforcement and government agencies have a special role in certification, tips on filling out the form, and contains answers to frequently asked questions.
[pdf] Family and Criminal Court Scenarios in Which Courts Will Encounter Immigrants Who Are Eligible for Immigration Protections (+)
Information and examples explaining how and in what proceedings courts may encounter immigrants who are eligible for Violence Against Women Act (VAWA and U Visa), Trafficking Victims Protection Act (TVPA), Special Immigrant Juvenile (SJIS) and Deferred Action for Childhood Arrival (DACA) immigration protections.
[pdf] National Survey on Types of Criminal Activities: Experienced By U-Visa Recipients (November 29, 2011) (+)
Results from a national survey of 220 legal services, pro bono law firms, advocates, law school clinical programs and others providing help to immigrant victims who have been granted U-visa immigration relief by DHS. The goal of this survey was to obtain provide a picture of the types of criminal activities suffered by immigrant crime victims receiving U-visas.
[pdf] How Law Enforcement Is Using the U-Visa: Practice Brief (+)
Law enforcement agencies increasingly recognize the value of the U-visa (officially known as “U” nonimmigrant status) as a community-policing and crime-fighting tool. This type of visa provides temporary legal status to immigrant crime victims in the United States who are helpful to law enforcement. Since 2009, Vera’s Center on Immigration and Justice and the nonprofit organization Legal Momentum have worked together as the National Immigrant Victims’ Access to Justice Partnership and have trained personnel from dozens of law enforcement agencies on how to use the U-visa. This brief describes current practice, including common obstacles for law enforcement and benefits of using the tool, to encourage more effective use of the U-visa.
[pdf] Q and A: Immigration Relief for Victims of Human Trafficking and Other Crimes (+)
This Q and A was developed by the U.S. Citizenship and Immigration Services and the DHS Blue Campaign to assist law enforcement officials (e.g. police, prosecutors, child or adult protective services) in U-visa certification and T visa endorsement. Information includes frequently asked questions on immigration relief for victims for human trafficking and other crimes. The Department of Homeland Security (DHS) is responsible for administering immigration benefits to victims of human trafficking and other serious crimes, in addition to upholding U.S. immigration law. U.S. Citizenship and Immigration Services (USCIS) adjudicates T and U visas, which help protect immigrant victims of human trafficking and other crimes.
[pdf] Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs (+)
U.S. Immigration and Customs Enforcement 2011 Memorandum setting forth the policies that direct the use of prosecutorial discretion in cases involving victims of and witnesses to crimes, including crimes of domestic violence, sexual assault, human trafficking, and other crimes. It includes protections from removal for individuals involved in efforts related to the protection of their civil rights. This document establishes DHS priorities for victim protection and summarizes and contains links to Immigration and Customs Enforcement policies of importance to immigrant crime victim cases.
[pdf] Model U-Visa Certification Protocol for Law Enforcement Agencies (+)
Sample U Visa Certification Policy for law enforcement agencies developed with funding from BJA and OVW.
[pdf] Keeping the Dream Alive: Immigration Reform, Women and the DREAM Act (+)
A powerpoint presentation from the April 8, 2011 training in Washington, DC at the Women, Money, Power Summit sponsored by Feminist Majority and the YWCA.
[pdf] San Francisco Police Department 11-031: U-Visa Protocol for Assisting Immigrant Victims of Crime (+)
San Francisco U Visa Certification Policy.
[pdf] VAWA, T and U-Visa Immigration Case Processing Times (+)
Information on immigration case processing times for VAWA, T and U-visa cases.
[pdf] Immigration Relief for Immigrant Victims of Domestic Violence, Sexual Assault and Human Trafficking Victims (+)
Powerpoint presentation from the December 1, 2010 training in Sioux Falls, South Dakota
[pdf] Policies & Practices that Enhance the Legal Rights of Immigrant Domestic Violence Victims (+)
A powerpoint presentation on immigrant victims’ legal rights from October 14, 2010 training in Long Beach, California
[pdf] Sample: Media Advisory for Law Enforcement Training (+)
Provides a press release template law enforcement agencies can use for outreach on the U visa in the agencies jurisdiction.
[pdf] City of Cleveland Takes Important Steps to Ensure Citizen Safety: We All Should Follow its Lead (+)
Op-ed article on U-Visas.
[pdf] Visas Out of Hell: Women Need to Know They Exist (+)
Article on U-Visas from ‘womensenews.org’
[pdf] U Visa Provides Temporary Legal Status for Victims for Violent Crime (+)
News article on U-Visas published by The Brownsville Herald.
[pdf] Metropolitan Police Department (Washington, DC) Teletype on U-visas (+)
Washington, D.C. U Visa certification policy.
[pdf] USCIS Publishes New Rule for Nonimmigrant Victims of Human Trafficking and Specified Criminal Activity (December 8, 2008) (+)
Fact sheet on eligibility requirements for “T” and “U” nonimmigrant visas and adjustment of status.
[pdf] T and U-visa Holders Need Legal Permanent Residency: Real Life Stories (+)
A collection of real life stories that illustrate the hardships U visa and T visa holders face without access to lawful permanent residency included in the U visa and T visa statues. This collection was submitted to the U.S. Department of Homeland Security and the Office of Budget and Management as part of advocacy to secure issuance and influence the protections that would be included in the T and U visa lawful permanent residency (adjustment of status) regulations.