[pdf] Department of Homeland Security (DHS) Immigration Policies Released in 2021 and 2022 That Are Important for Immigrant Survivors (May 17, 2022) (+)

This document contains a list of policies issued by the U.S. Department of Homeland Security that are important to and impact cases of immigrant survivors of crime and abuse that enhance both protections from deportation for survivors and access to immigration relief under the following programs: VAWA self-petitions, U visas, T visas, Special Immigrant Juvenile Status, Battered Spouse Waivers and INA Section 106 Work Authorization for Abused Spouses of A, E(3), G and H visa holders. The link to each policy is followed by a description of the policy and how it is helpful to immigrant survivors.

[pdf] Automatic Employment Authorization Document (EAD) Extension (May 4, 2022) (+)

Polices governing automatic extension of work authorization (EAD) for the immigrants and applicants with the follow types of immigration cases. The letters and numbers will be on the immigrants work authorization card: refugees (a)(3); asylees (a)(5); N-8 or N-9 visa holders (brothers, sisters, children and parents of NATO employees) (a)(7); Citizen of Micronesia, Marshall Islands, or Palau (a)(8); granted withholding of deportation or removal (a)(10); Temporary Protected Status (TPS)(a)(12); Spouse of E visa holder (a)(17); L-2 spouse of L-1 visa holder (a)(18); pending asylum application (c)(8); pending lawful permanent residency (adjustment) application (c)(9); applicants for suspension of deportation, cancellation of removal or special rule NACARA cancellation (c)(10); adjustment based on continuous residency since 1972 (c)(16); applicants prima facie eligible for TPS (c)(19); pending I-700 legalization (c)(20); pending I-687 legalization (c)(22); LIFE legalization (c)(24); H-4 spouses of H-1B visa holder (c)(26); and VAWA self-petitioners (c)(31).

*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. […]

*Spouses Battered or Subjected to Extreme Cruelty by A, E (3), H or G Visa Holders Are Eligible to Apply for Work Authorization (February 14, 2017)

February 14, 2017  Announcement from NIWAP and Raksha USCIS is now accepting  employment authorization applications from abused immigrant spouses of H, G, A and E (3) visa holders. The Violence Against Women Act of 2005 amended Section 106 of the Immigration and Nationality Act to provide access to legal work authorization for abused spouses of […]

[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] 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] Bench Card for State Court Judges on Common Issues that Arise From Parties’ Immigration Status: Economic Remedies (March 10, 2022) (+)

This bench card provides information for state court judges on issues unique to immigrants, such as: eligibility to work, eligibility to receive benefits and services, the impact of Individual Tax Identification Numbers (ITINs) and use of immigration affidavits of support in family and juvenile court proceedings and mandatory detention. The purpose of this bench card is to provide a quick reference and to help judges identify immigration issues that might affect the range of outcomes available in cases before them. The information contained in this bench card provides accurate information on work authorization, benefits access, assurances made to the Department of Homeland Security (DHS) regarding support of family members, and information about immigrants who will be paying taxes and be able to submit tax returns to the court.

[pdf] National Survey on Timing of Access to Work Authorization by Immigrant Victim VAWA Self-Petitioners and U-Visa Applicants (September 28, 2011) (+)

Legal Momentum conducted a nationwide survey of attorneys and advocates assisting immigrant victims who are filing U-visa applications and VAWA self-petitions. Collected data provides information on the duration of time between filing and receipt of work authorization for a total of 2407 VAWA self-petitioners and U-visa applicants.

[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] Memorandum: Supplemental Guidance on Battered Alien Self-Petitioning Process and Related Issues (+)

Memorandum from Paul Virtue outlining changes in the handling of I-360 self-petitions for immigrant status filed by battered spouses and children of U.S. citizens and permanent residents aliens and addresses related issues.