This report submitted to the Ombudsman for USCIS argues for moving all of the adjudications of VAWA self-petitions, U and T visas, Battered Spouse Waivers, Work Authorizations for Abused Spouses of Visa Holders and Special Immigrant Juvenile Status Petitions into one adjudication system with expert adjudication staff and managers that specialize in these forms of immigration relief. The goal of which will be to speed up the wait time between filing and receipt of deferred action and work authorization for immigrant victims. This paper contributed to the creation of the HART Service Center that USCIS announced the opening of on March 30, 2023. To receive any of the attachments cited in this report contact NIWAP at info@niwap.org.
Immigration > Visa Holder Abused Spouses
Topic: Visa Holder Abused Spouses
[pdf] Bench Card: Overview of Types of Immigration Status (April 21, 2022) (+)
This bench card is designed to provide quick access for state criminal, family, and juvenile court judges to help them identify the various types of status that immigrants in the state court might have. It is aimed at assisting judges in recognizing non-citizen parties before them who might need the advice of immigration counsel or other sources of assistance as to how their immigration status might affect or be affected by actions in their state court case. In addition, it is aimed at assisting state court judges in recognizing how their actions might jeopardize a non-citizen’s immigration status.
This bench card is not meant to be an in-depth treatise on immigration law or intended to provide definitive answers regarding immigration rights. Judges using the bench card should be aware that immigration law and the DHS policies that implement U.S. immigration laws are continuously changing.
[pdf] 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] USCIS Memo: Eligibility for Employment Authorization for Battered Spouses of Certain Nonimmigrants (March 8, 2016) (+)
United States Citizenship and Immigration Service USCIS revisions to adjudicators manual and policy memo implementing VAWA 2005’s creation of access to work authorization for immigrant spouses and children subjected to battery or extreme cruelty by their work visa holder (A, E(3), G or H) spouse or parent. It is important to note that these victims also receive VAWA confidentiality protection.