This is the House Committee on the Judiciary legislative history of the Violence Against Women Act of 1994. It includes the legislative history of VAWA self-petitioning and VAWA suspension of deportation and the any credible evidence standard for adjudicating VAWA immigration cases including the Battered Spouse Waiver.
Immigration > VAWA Self-Petition
Topic: VAWA Self-Petition
Materials for Violence Against Women Act (VAWA) Self-Petitioners
[pdf] Obtaining Non-work Social Security Numbers Needed by VAWA Self-Petitioners to Maintain Public and Assisted Housing (2019) (+)
Under Section 214 Housing, VAWA Self-Petitioners are eligible for public and assisted housing; however, in order to obtain these housing benefits, VAWA Self-Petitioners must have a Social Security Number. This document explains the process of applying for a Non-Work Social Security Number which VAWA Self-Petitioners need until their petition is approved, and they can work […]
[pdf] VAWA Legal Assistance Evidentiary Requirements -CILAP (+)
[pdf] VAWA I-360 Enclosures List – CILAP (+)
[pdf] Fee Waiver Worksheet – CILAP (+)
[pdf] Documents in Support of Good Faith Marriage-CILAP (+)
This is a checklist of documents for VAWA Self-Petition and Battered Spouse Waiver (I-751) applicants to show good faith marriage under the ” any credible evidence” standard.
[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] VAWA Self-Petitioning Flow Charts (June 19, 2019) (+)
The VAWA Self-Petitioning Flow Charts are screening tools meant to determine eligibility for VAWA immigration relief for immigrant survivors of abuse, including abused adults, children, and elders. Each flow chart addresses the possibility of VAWA immigration relief for the corresponding group of immigrant survivors.
[pdf] VAWA Self-Petitioning Flow Chart for Adults (June 17, 2019) (+)
Flowchart for determining VAWA self-petitioning eligibility for abused (battered or suffering from
extreme cruelty) adults.
[pdf] VAWA Self-Petitioning Eligibility Flow Chart for Abused Children (June 17, 2019) (+)
Screening tool for victim service providers working with children who have been abused (physical or subjected to extreme cruelty) to determine eligibility for VAWA self-petitioning.
[pdf] VAWA Self-Petitioning Eligibility Flow Chart for Abused Elders (June 17, 2019) (+)
Screening tool for elder abuse survivors to determine eligibility for VAWA immigration relief for survivors that have been battered or abused by U.S. citizen children.
[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] VAWA Protections for Immigrant Survivors and the 2018 Domestic Violence Asylum Policies (November 19, 2018) (+)
*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] DHS Memo on Field Guidance on Granting Fee Waivers Pursuant to 8 CFR 103.7(c) (March 4, 2004) (+)
This memorandum provides fee waiver guidance and instructions for the adjudication of fee waiver requests for VAWA Self-Petitioners. However, in 2011, USCIS issued a new policy memorandum establishing guidelines on fee
waivers (hereinafter “Guidelines”). For guidance on fee waivers for VAWA Self-petitions look at more recent publications.
[pdf] USCIS, Determinations of Good Moral Character In VAWA-Based Self-Petitions 1-19-05 (+)
Memo from USCIS explaining each of the inadmissibility waivers available to battered immigrant VAWA self-petitioners and also how battered immigrant VAWA self-petitioners can meet the requirement of good moral character.
[pdf] The 2005 Reauthorization of the Violence Against Women Act: Why Congress Acted to Expand Protections to Immigrant Victims (+)
A brief history of the Violence Against Women Act and congressional intent that lead to the expanded legal protections for immigrant crime victims in the 2005 reauthorization written by Representative John Conyers, Jr.
[pdf] USCIS Policy Memo on Revocation of VAWA-Based Self-Petitions (+)
This USCIS Policy Memorandum dated December 15, 2010 on the revocation of VAWA-based self-petitions as an additional mechanisms for fraud checks built into the VAWA Self-Petitioning process. This Memo also provides reasoning why Field Offices should defer to VSC’s expertise and support for the centralization of VAWA applications to ensure consistency in the adjudication of VAWA self-petitions, including consistency in revocations of VAWA application, and to ensure appropriate and expeditious handling all self-petitions filed by battered spouses and children at by adjudicators at the VAWA unit which have received specialized domestic violence training and have developed expertise in adjudicating these petitions, including expertise in identifying fraudulent filings at page 1-2.
[pdf] Memo Aleinikoff – Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S Citizens or LPR (+)
[pdf] VAWA 2000 Congressional Record – Senate (October 2000) (+)
Congressional Record from October 11, 2000 which discusses VAWA 2000 and establishing self-petitioning.
[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. […]
[pdf] DHS Infographic – Thai (+)
*Pro Bono Institute “Violence Against Women Act (VAWA) Self-Petition” Training Module
Pro Bono Institute “Violence Against Women Act” Training Module In collaboration with the Pro Bono Training Institute, NIWAP has created online training modules to assist individuals and attorneys with applying for VAWA Self-Petitions. You will need to register for a free PBTI account to complete the module. Curriculum Basics of VAWA Relief & Working with […]
[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] 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] How to Advocate for Public and Assisted Housing for Your Battered Immigrant or Trafficking Survivor Client (2017) (+)
[pdf] Housing Provider Determinations of Battered or Extreme Cruelty for I-130 Applicant Battered Spouses and Children (+)
[pdf] VAWA Self-Petitioning Survey Findings Excerpts (February 12, 2014) (+)
[pdf] Attached Cases for BIA in Violence Against Women Act Cases Consideration Report (+)
[pdf] Slides Webinar Immigrant Victim Access Federally Assisted Housing (February 22, 2017) (+)
PowerPoint presentation slides for the webinar on access to public and assisted housing, shelter and transitional housing for immigrant victims of domestic violence, sexual assault, stalking, dating violence, trafficking, abused and abandoned immigrant children and immigrant homeless. The document included the PowerPoint presentation and the cover list of documents distributed with the webinar.
[pdf] Early Identification of Victims and VAWA Confidentiality Presentation (2.24.17) (+)
*Evidence Checklists For Work With Immigrant Survivors (February 11, 2017)
NIWAP has developed a number of checklists that assist attorneys and advocates working with immigrant survivors to prepare for a variety of legal cases on behalf of immigrant survivors. Some of the following checklists are geared toward preparing to accompany a victim who will be applying for state or federal public benefits that the victim […]
*Tools for Advocates Assisting Immigrant Crime Victims in Immigration Cases
Identifying Immigration Options for Immigrant Survivors How to Prepare Your Case Through A Trauma Informed Approach: Tips on Using the Trauma Informed Structured Interview Questionnaires for Family Court Cases Developing a survivor’s story is a critical component of preparing for any case in which a client has a history of domestic violence, sexual assault, dating violence, […]
*Department of Homeland Security’s Interactive Infographic on Protections for Immigrant Victims
The Department of Homeland Security (DHS) released an infographic detailing the protections afforded to immigrant victims. This interactive infographic describes qualifications and benefits for each form of immigration relief designed to help immigrant victims. When you click on each form of relief, a link takes you to a DHS webpage with further information, brochures […]
[pdf] I-360 Checklist (+)
The Department of Homeland Security has provided an optional checklist to assist petitioners filing an I-360 form.
[pdf] I-360 Form (+)
The I-360 form is to be filed by victims of domestic violence perpetrated by a U.S. citizen or lawful permanent resident spouse or parent or U.S. citizen adult son or daughter to receive immigration relief. This form expires on 3/31/18, however, this form will remain in effect until a new form is issued.
*Access to Public and Assisted Housing VAWA Self-Petitioners (October 2022)
January 26, 2017 (Update 2022) As a key part of the Violence Against Women Act (VAWA) passed by Congress in 1996 and 2003, battered immigrant spouses and children abused by their U.S. citizen or lawful permanent resident spouses or parents who had filed applications for immigration relief under VAWA have access to public and assisted […]
[pdf] HUD VAWA Self-Petitioner Cover Letter (December 22, 2016) (+)
Cover letter to memo from HUD Acting General Counsel to Secretary Castro clarifying that certain immigrant victims battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent spouses have satisfactory immigration status to apply for and access Section 214 public and assisted housing including public and multifamily housing.
[pdf] Eligibility of VAWA Self-Petitioners for Financial Assistance Under Section 214 of the Housing and Community Development Act of 1980 (December 15, 2016) (+)
This memo from HUD’s General Counsel to Secretary Castro clarifies HUD’s position on the rights of certain noncitizens who are battered or subject to extreme cruelty by a spouse or parent, who is a Untied States Citizen or lawful permanent resident (LPR), to apply for and receive assistance under Section 214 of the Housing and Communality Development Act. Specifically it clarifies that VAWA self-petitioners can indicate they are in “satisfactory immigration status” when applying for assistance or continued assistance from Section 214-covered housing providers (this includes public and multifamily housing). Under this memo VAWA self-petitioners, VAWA cancellation of removal, VAWA suspension of deportation and approved family based visa petition applicants who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse or parent are able to stay in public and assisted housing units when the abuser is removed from the unit by a protection order and will also be able to apply for 214 benefits. Battered immigrant spouses and children of citizens and lawful permanent residents will no longer be subject to proration.
[pdf] ICE OPLA VAWA Confidentiality and Immigration Relief for Crime Victims Training (November 11, 2016) (+)
This notice reports on the trainings conducted by the Immigration and Customs Enforcement’s Office of Principal Legal Advisor on VAWA Confidentiality and immigration protections for victims for ICE Assistant chief counsel and Enforcement and removal officers. The goal of this training was to ensure that all ICE Trial Attorneys and the Assistant Chief Counsel they report to are aware of the requirements of VAWA confidentiality and the protections available to immigrant crime victims under the VAWA, T visa, and U visa programs and under the 2011 Victim Witness Memo. The document lists the process for contacting the ICE Office of Chief Counsel for problems with particular cases and the point of contact at OPLA on VAWA confidentiality.
[pdf] Alternative Fax-Back Form for Immigrant Eligibility Verification (DHS)-Page 3 (1997) (+)
Application for a battered spouse or child who has self-petitioned.
[pdf] Beyond DACA: Pathways to Immigration Relief for Students (November 12, 2014) (+)
Webinar Co-led by NIWAP and the University of Michigan.
[pdf] USCIS Implements VAWA Cuban Adjustment Act Amendments Providing Continuing Eligibility for Abused Spouses and Children (+)
USCIS issued this policy memorandum implementing the provisions of VAWA 2005 and 2000 granting continuing eligibility to apply for lawful permanent residency without the help or knowledge of their abusive spouse to abused spouses and children of Cubans who have applied for lawful permanent residency under the Cuban Adjustment Act (CAA) or who qualified under the CAA but obtained lawful permanent residency thought another type of immigration case. To qualify an abused immigrant must be the spouse/child of a Cuban national described in the CAA. When the Cuban spouse meets these conditions: the abused spouse/child may self petition for lawful permanent residency even if they are separated from the abuser and if still married to the abusive Cuban spouse or if less than two years have passed since the abusive Cuban spouse’s death or the termination of their marriage to the abused spouse.
[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] Congressional Research Service, Immigration Provisions of the Violence Against Women Act (VAWA) (May 15, 2012) (+)
Report by William A Kandel of the Congressional Research Service Report on how VAWA provisions work, critiques of Immigration provisions, requirements, concerns, and current legislation. Discusses the legislative history and implementation of battered spouse waiver, the VAWA self-petition, and the U visa.
[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] Untold Stories VAWA 1994: Cases Documenting Abuse By U.S. Citizens and Lawful Residents of Immigrant Spouses (+)
The original story book and research report collected and presented to Congress support VAWA 1994 immigration protections creating VAWA self-petitioning and VAWA suspension of deportation.
*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] Annoucement from USCIS: Issues Guidance for Approved Violence Against Women Act (VAWA) Self Petitioners Ability to Adjust Status (+)
Announcement from USCIS regarding the guidance issued on April 11, 2008, this announcement applies to an Adjustment of Status (Form I-485) application for an approved VAWA self-petitioner who entered the United States without having been inspected and admitted or paroled.
[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] 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] Defensa Para Mejorar Servicios Para Mujeres Emigrantes E Inmigrantes Maltratadas Que Viven En Comunidades Rurales (+)
Evidence Lists for VAWA self-petitioners in Spanish. Lista en español de documentos necesarios o útiles para un caso de inmigración para una auto-petición de víctima de violencia doméstica o maltrato cruel.
[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] Revised Guidance for the Child Status Protection Act (CSPA) (July 2004) (+)
This guidance significantly modifies a prior interpretation of certain provisions of the CSPA. In particular, it changes how the agency interprets the statute to apply to aliens who aged out prior to the enactment date of the CSPA. It also permits those individuals who were ineligible under the prior policy to file a new application for permanent residence.
[pdf] INS, Paul Virtue, “Extreme Hardship” and Documentary Requirements Involving Battered Spouses and Children (August 16, 1998) (+)
This INS memorandum discusses the unique factors that will be considered when determining “extreme hardship” and “extreme cruelty”. The memo also discusses the documentary requirements involving battered spouses and children under VAWA’s any credible evidence statutes that apply to battered spouse waiver and all VAWA immigration cases.
[pdf] Violence Against Women Act of 1994 in the Violent Crime Control and Law Enforcement Act of 1994 (Full Bill) (+)
A copy of the Violent Crime Control and Law Enforcement Act of 1994 -Public Law 103-322 [H.R.3355];
Relevant Section: TITLE IV—-VIOLENCE AGAINST WOMEN; Subtitle G—-Protections for Battered Immigrant Women and Children; Sec. 40701—-IMMIGRANT PETITIONING RIGHTS FOR IMMEDIATE RELATIVE OR SECOND PREFERENCE STATUS.;
Amends Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1))
[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] Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act and Violence Against Women Act of 2000 (+)
Full Text of H.R. 3244 Victims of Trafficking and Violence Protection Act (TVPA) and Violence Against Women Act of 2000. The TVPA was designed to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes. The TVPA has the ability to authorize protections for undocumented immigrants who are victims of severe forms of trafficking (T visa).
[pdf] William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (+)
Public Law 110-457; [H.R. 7311] An act to authorize appropriations for fiscal years 2008 through 2011 for the Trafficking Victims Protection Act of 2000, to enhance measure to combat trafficking in persons, and for other purposes.
[pdf] AYTES REMOVABLE ALIENS MEMO (JULY 11, 2006) (+)
This memorandum revises guidance to USCIS officers on how to process and prioritize cases in which an “alien” appears to be removable. The memo list USCIS priorities for removal as of when it was issued in July 11, 2006.
[pdf] USCIS Questions and Answers: Filing T, U, and VAWA Petitions with USCIS (June 30, 2009) (+)
USCIS Questions and Answers: Filing T, U, and VAWA Petitions with USCIS (June 30, 2009).
[pdf] DOJ Memorandum on the Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996) (+)
DOJ Memorandum on the Implementation of Crime Bill Self-Petitioning for Abused or Battered Spouses or Children of U.S. Citizens or Lawful Permanent Residents (April 16, 1996). This memo details the basic eligibility requirements for VAWA self-petitioning, adjustment of status, employment authorization, evidence in general, extreme hardship and battery and extreme cruelty. HQ 204-P
[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] USCIS Memorandum: Clarification of Classes of Applicants Eligible for Naturalization under Section 319(a) of the Immigration and Nationality Act (January 27, 2005) (+)
USCIS Memorandum modifying a previous policy memorandum entitled, “Instructions Regarding the Expanded Meaning of Section 319(a)” to clarify that individuals who obtained lawful permanent residence by reason of an approved waiver of the joint filing requirement under section 216(c)(4)(C) of the INA are also eligible to apply for naturalization.
[pdf] U.S. Immigration and Customs Enforcement Memorandum for Chief Counsels on Exercising Prosecutorial Discretion To Dismiss Adjustment Cases (October 6, 2005) (+)
ICE Memorandum setting forth the criteria and procedures by which an Immigration and Customs Enforcement (ICE) Office of the Chief Counsel (OCC) may join in or file a motion to dismiss proceedings
without prejudice when the ICE OCC determines adjustment applications currently pending before EOIR would be appropriate for approval by Citizenship and Immigration Services (CIS).
[pdf] USCIS Memorandum: Effect of Perez-Gonzalez v. Ashcroft in Ninth Circuit on Adjudication of Form I-212 (March 31, 2006) (+)
USCIS Memorandum regarding the effect of the U.S. Court ofAppeals for the Ninth Circuit Perez-Gonzalez v. Ashcroft on Adjudication of Form I-212 Applications Filed by Aliens Who Are Subject to Reinstated Removal Orders Under INA § 241(a)(5).
[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] 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] Deferred Action for VAWA Self-Petitioners (+)
This paper proposes factors USCIS should consider using as it updates its deferred action policies and/or VAWA self-petitioning regulations with regard to granting deferred action to VAWA self-petitioners and any children or parents included in the VAWA self-petition. Since immigrant children and parents included in their parent’s or child’s self-petitions are considered self-petitioners, derivative children and parents included in VAWA self-petitions should receive deferred action status at the same time deferred action is granted to the battered immigrant filing the VAWA self-petition. No additional filing should be required.
[pdf] VAWA Self-Petitioner 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. In addition to the federal laws, states have the power to regulate immigrants’ access to health care and to public benefits. The ACA created two categories of immigrants: those are who are “lawfully present” and those who are not. VAWA self-petitioners are included in the category of “lawfully present” and are therefore subject to the individual mandate and eligible to purchase insurance on the exchanges if they do not qualify for an income exemption.
[pdf] Good Moral Character: Assessment Tool (October 15, 2013) (+)
This article is a Good Moral Character assessment tool. Federal immigration law provides that an immigrant must be of good moral character to be eligible for several forms of immigration relief including: VAWA self-petitioning, VAWA cancellation of removal, naturalization and cancellation of removal. This tool lists factors that if present in a case impede the immigrant’s ability to demonstrate good moral character.
[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.
[pdf] Bench Card: VAWA Immigration and Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation, and Battered Spouse Waiver Applicants (December 31, 2021) (+)
This Bench Card contains information on the VAWA public benefits eligibility process, including the following: immigration status qualification requirements, VAWA cancellation of removal and suspension of deportation, battered spouse waiver, and how to become a “qualified immigrant” who is eligible to receive federal and state public benefits.
[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] VAWA Suspension of Deportattion Statute Violence Against Women Act 1994, 2000, and 2005 Amendments (+)
Immigration and Naturalization Act of 1994, as amended.
[pdf] Flowchart on Access to Federal and State Public Benefits for Battered Immigrant Spouses and Children of U.S. Citizens or Lawful Permanent Residents (+)
This is a flowchart pertaining to abused family members’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] VAWA Self-Petitioning Eligibility Flow Chart for Elder Abuse Survivors (+)
Screening tool for VAWA self-petitioning eligibility for abused elders and vulnerable or disabled adults.
[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] 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] 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] Continued Eligibility to File for Child VAWA Self-Petitioners After Attaining Age 21 (+)
Memorandum providing guidance to USCIS officers regarding an amendment to the INA that provides for continued eligibility for certain individuals to file a VAWA self-petition as a child after attaining age 21, but before attaining age 25, effective immediately and in advance of regulatory amendments.
[pdf] Eligibility to Self-Petition as a Battered or Abused Parent of a U.S. Citizen (+)
Policy Memorandum providing guidance to USCIS officers regarding amendments to the Immigration and Nationality Act that extend the ability to self-petition to battered or abused parents of U.S. citizens. Also providing guidance regarding work authorization for approved VAWA self-petitioners.
[pdf] Somewhere to Turn (+)
A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.
[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] VAWA, T and U-Visa Immigration Case Processing Times (+)
Information on immigration case processing times for VAWA, T and U-visa cases.
[pdf] Approval of Petitions and Applications after the Death of the Qualifying Relative under New Section 204(l) of the Immigration and Nationality Act (+)
This Policy Memorandum ensures that USCIS uniformly and consistently adjudicates petitions and applications in light of section 204(l) and 213A(f)(5) of the Immigration and Nationality Act (“the Act”), 8 U.S.C. §§ 1154(l) and 1183a(f)(5).
[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