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.
Immigration > U Visa and Immigrant Crime Victims
Topic: U Visa and Immigrant Crime Victims
Materials for U Visa and immigrant crime victims.
[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.
[pdf] Austin Police Department Procedure B301b – U Nonimmigrant Status Certifications (+)
U Visa certification policy implemented by the Austin Police Department, Austin, Texas May 30, 2008.
[pdf] U Visa Interim Regulations Fact Sheet & Guidance (+)
Analysis issued by the National Network to End Violence Against Immigrant Women following issuance of the U Visa interim regulations in 2007.
[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] Offering a Helping Hand: Legal Protections for Battered Immigrant Women: A History of Legislative Responses (March 1, 2002) (+)
This article chronicles the legislative history of immigration protections afforded immigrant crime victims in the Violence Against Women Acts (VAWA) of 1994 and 2000, through the Battered Spouse Waiver, and through VAWA Confidentiality, the history and development of the VAWA self-petition, VAWA cancellation of removal, the battered spouse waiver, any credible evidence standard, VAWA confidentiality, benefits access for battered immigrant VAWA self-petitioners and cancellation/suspension applicants, the U-Visa, victim’s ability to obtain lawful permanent residency in the U.S. and Legal Services Corporation funded legal assistance are discussed in detail. This article collects and publishes information contained in documents developed during advocacy that led to the passage of federal immigration law legislation creating each of these protections.
[pdf] Crossing the Threshold to Safety: Stories of Immigrant Crime Victims Who Will Benefit From Attaining U-visas (+)
Stories of victims who will benefit from U visa protections. These stories were collected as part of the effort to secure regulations implementing the U visa protections that became law as part of VAWA 2005.
[pdf] Obtaining U Visa Certification from Judges in Protection Order, Family, Criminal, and Other State Court Proceedings (+)
Learning objectives for this presentation are: promote advocates and attorneys seeking U visa certification from judges, understand when judges can sign U visas and how to approach judges for certification in family, civil, and criminal court cases, identify the reasons why courts may not be signing U visa certifications, anticipate and overcome challenges, and develop a plan for approaching judges for certification.