[pdf] I-130 Victim’s Proof of Battering or Extreme Cruelty 8.20.18 (+)

This document provides housing providers, victim’s advocates and attorneys with guidance clarifying that once HUD receives verification from DHS that in cases of VAWA self-petitioners, VAWA self-petitioners are immediately eligible for public and assisted housing without proration and victims cannot be asked to submit proof of battering or extreme cruelty by HUD or the housing provider. In cases of immigrant victims who are applying for lawful permanent residency through a family based immigration petition filed by their spouse, battered immigrant spouses will need to prove battering or extreme cruelty to be eligible for public and assisted housing. This memo provides guidance for housing providers and victims’ attorneys and advocates on evidence that can be submitted to prove battering or extreme cruelty.

[pdf] Access to State-Funded Public Benefits in South Carolina for Survivors (April 12, 2019, updated September 4, 2022) (+)

This chart describes the federal and when offered state funded public benefits that immigrant crime victims are legally eligible to access. Which benefits a victim can access depends on:
• On the victim’s immigration status or the immigration relief the victim is in the process of applying for;
• Which benefit they are applying for; and
• When they entered the United States.
The chart provides information about benefits eligibility for VAWA self-petitioners, refugees, asylees, T and U visa applicants, children applying for SIJS and DACA, and undocumented victims. The chart covers eligibility for: TANF, Child Care, SNAP (food stamps), WIC, health care, educational grants, loans and in-state tuition, driver’s licenses, housing, tax credits, legal services, weatherization assistance, and FEMA assistance.

[pdf] Chapter 17.2: Coverage for Forensic Costs for Immigrant crime Victims: Medical Coverage and Services (February 12, 2017) (+)

Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This is Chapter 17.2 of NIWAP’s manual “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault”. It provides a detailed chart of the forensic examination laws, immigration-related eligibility requirements, and processes to receive payment for examination costs for each state. This information is current as of February 12, 2017. It is intended to provide an overview regarding health benefits and victim compensation for each state.

*Training Materials: Education (Last Updated- February 2022)

The resources below suggests various interim measures for colleges, universities, high-schools, elementary schools, and other educational institutions to utilize when assisting foreign-born students who have been victims of sexual violence, dating violence, and stalking. NIWAP Materials Interim and Supportive Measures to Help and Protect Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking and […]

*Labor Charts: Employment Based U Visa Criminal Activity State Charts (December 31, 2021)

NIWAP has developed comprehensive charts tracking state laws on forced labor, involuntary servitude, slavery, slave trade, and peonage, which are not expressly included on the U visa criminal activity list, and identified the qualifying criminal activities on the U visa list that are contained within these state statutes. The goal of these charts is to […]

[pdf] Social Security Administration Program Operations Manual System (POMS) (July 2017) (+)

Program Operations Manual System (POMS) sections discussing non-work social security numbers for immigrants who are not work authorized. Discussing under what circumstances immigrants not authorized to work can obtain non-work social security numbers. These are available primarily for immigrants who are eligible for state or federally funded public benefits which can include VAWA self-petitioners. Current as of July 24, 2017.

[pdf] Immigrant Survivor Access to Federally Funded Housing PPT Slides (February 22, 2017) (+)

Power point slides from a webinar jointly hosted by NIWAP and the National Housing Law Project discussing the legal rights of immigrant survivors to access shelter and transitional housing and the groups of immigrant survivors including VAWA self-petitioners legally eligible to access public and assisted housing, including housing vouchers.

February 22, 2017: Immigrant Access to Federally Assisted Housing (Webinar and Materials)

The National Immigrant Women’s Advocacy Project (NIWAP) and the National Housing Law Project co-presented this webinar on the legal rights of immigrant survivors to access federally funded housing.  For many survivors of domestic and sexual violence, the ability to secure decent, safe, and affordable housing is critical to long-term survival. Yet, immigrant survivors of domestic […]

*Public Charge and Deeming Rule Exemptions for Immigrant Survivors and Their Children Eligible: New Rule Published (September 2022)

Public Charge The public charge ground of inadmissibility refers to the barring of a foreign national from obtaining lawful permanent resident status if he or she is likely to become a public charge (primarily dependent on government subsistence). Under the new rule, USCIS will review: Your age, health, family status, financial status (including assets and […]

[pdf] Nevada’s 2017 Crime Victim’s Compensation Law (AB122) (+)

Legislative amendments that go into effect in Nevada on July 1, 2017 granting access to Victim of Crime Act (VOCA) compensation for victims of crimes perpetrated in Nevada without regard to the immigration status of the victim. This bill removes all citizenship, lawful permanent residency and residence requirements from the Nevada victim compensation laws.

[pdf] Victims of Crime Act (VOCA) Assistance Program Rule (July 8, 2016) (+)

The final rule from the Office of Victims of Crime (OVC) on implementation of the victim assistance formula grant program. Discusses the fact that programs offering VAWA and OVC funded crime victims assistance are to provide assistance in light of “OVC’s policy clarification that victim eligibility for direct services under the VOCA Assistance Program is not dependent on the victim’s immigration status”. Notice that VOCA funded victims assistance programs and VOCA funded victims compensation were to be open to all persons who are victims in the state without regard to immigration status was sent to all VOCA Administrators of VOCA victim assistance programs and VOCA compensation on June 28, 2010.

*Training Materials: Public Benefits (Last Updated – June 2021)

Legal Rights Overviews and Brochures Multilingual Materials for Victims and Advocates DHS Infographic: Protection for Immigrant Victims Immigration Options for Victims of Crime – DHS Brochure World Language Identification Guide: I Speak (Raksha) Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a […]

[pdf] Fact Sheet: Immigrant Access to Emergency Shelter and Transitional Housing (October 23, 2016) (+)

This training tool discusses the laws, regulations and policies governing immigrant victim access to shelter and transitional housing, provides links to government policies and provides step by step recommendations for advocacy and documents to take with you when advocating for access to shelter and transitional housing for immigrant victims.

[pdf] Policy Links: Shelter and Transitional Housing Immigrant Victims Feb 22, 2017 (+)

Links to the Joint HUD, HHS, and DOJ Policy on access to emergency shelter, transitional housing and other programs necessary to protect life and safety, to all of the government resources cited in the policy memo and to each of the other government documents confirming immigrant access to shelter and transitional housing.

[pdf] Hawaii Materials Benefits-Confidentiality Training (March 15, 2017) (+)

Materials list covering the following topics: Legal Rights Overview and Brochures; Access to Public Benefits and Services for Immigrant Domestic Violence and Sexual Assault Victims; Child Care; Drivers’ Licenses; Education; Health Care; Shelter and Transitional Housing; Public and Assisted Housing; LIHEAP; Non-Work Social Security Numbers; Public Charge and Immigrant Victims; TANF; VAWA Confidentiality; Legal Services Representation of Immigrant Victims; and Immigrant Victim’s Immigration Options

[pdf] The Law: Immigrants are Legally Eligible for Transitional Housing (February 22, 2017) (+)

Immigrant victims of domestic violence, sexual assault, dating violence, stalking and human trafficking have been eligible for transitional housing historically. The legal right to access transitional housing programs and emergency shelters was first established as part of the welfare and immigration reform legislation in 1996. This right was reaffirmed in 2001 and again in 2016 by federal government agencies including HUD, DOJ, and HHS. Despite this fact some transitional housing programs continue to impose application requirements not required by federal law that impede immigrant and limited English proficient victim access to transitional housing programs necessary to protect life and safety. Many of the application requirements imposed by transitional housing programs immigrant survivors can prove that they meet using alternative forms of evidence from those typically requested by programs. This brochure provides a list of the types of evidence a victim advocate or attorney working with an immigrant victim can gather to prove that immigrant victims, in addition to being legally eligible, also meet program imposed requirements. Advocates and attorneys working with immigrant victims should help them gather any credible evidence to gain admission to transitional housing programs. If you are working with an immigrant victim and have suggestions on other types of evidence that can be used to meet the criteria discussed in this brochure please share them with us so we can add them as examples to this brochure by emailing us at info@niwap.org

This brochure

[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.

*State-By-State Immigrant Access to Health Benefits

Federal law provides access to various medical benefits for both qualified and unqualified immigrants: Qualified immigrants include: (1) LPRs, including Amerasian immigrants; (2) refugees, asylees, persons granted withholding of deportation/removal, conditional entry, or paroled into the U.S. for at least one year; (3) Cuban/Haitian entrants; (4) certain victims of trafficking; and (4) battered spouses and […]

[pdf] Info Packet Webinar Immigrant Access to Housing (February 22, 2017) (+)

This information packet contains a the webinar PowerPoint, copies of relevant government documents, and training tools on immigrant crime victim access to government funded programs providing emergency shelter, transitional housing, public and assisted housing open to immigrant victims of domestic violence, sexual assault, human trafficking, stalking and dating violence. The documents describe what programs are open to all immigrants without regard to immigration status and which are limited to certain categories of immigrant victims including access to public and assisted housing for VAWA self-petitioners and Human Trafficking victims with HHS certifications.

*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 […]

*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 […]

[pdf] Emergency Shelter and Transitional Housing for Immigrant Victims: Government Policies (February 10, 2017) (+)

This document brings together in one collection the polices issued by federal government agencies describing the legal rights of immigrant and Limited English Proficient (LEP) victims of domestic violence, sexual assault, dating violence, stalking, human trafficking, child abuse, and the homeless to access emergency shelters and transitional housing from a wide array of programs offering these services who receive federal funding. The federal agency policies in this collection include policies issued by:
The U.S. Department of Justice (Office of Victims of Crime, Office on Violence Against Women)
The Health and Human Services (Family Violence Prevention)
The U.S. Department of Housing and Urban Development
These policies provide the requirements for providers of emergency shelter, transitional housing and other programs offering services necessary to protect life and safety. this packet of policies will help advocates and attorneys working with immigrant survivors and immigrant children gain access to housing, services and assistance they are eligible to receive without regard to their immigration or LEP status.

[pdf] Slides: Healthcare: Understanding the Affordable Care Act and How it Affects Immigrant Survivors (April 16, 2015) (+)

The passage of the Affordable Care Act (ACA) in 2010 created both an entirely new way to obtain healthcare in the U.S. and also expanded on some of the preexisting healthcare access options. Under the ACA, many immigrant survivors applying for immigration relief become eligble for and obligated to purchase health care through the newly developed healthcare exchanges at various points in time after they have filed their immigration case. This webinar will provide information and resources on current laws governing access to healthcare, insurance and subsidies for immigrant survivors of domestic violence, sexual assault, stalking, dating violence and human trafficking.

*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] Executive Summary: National Findings on University and College Responses to Foreign-born Student Victims (October 27, 2016) (+)

This document discusses the findings of a survey conducted focusing on foreign-born students who are victims of sexual assault, dating violence, domestic violence, stalking, human trafficking, and sexual harassment. The students surveyed were: undocumented, DACA, F/M/J visa holders, VAWA/ U/ T visa holders, or lawful permanent residents.

[pdf] Full Report: National Findings on University and College Responses to Foreign-Born Student Victims (October 27, 2016) (+)

This document discusses the results of a survey conducted on foreign-born student-victims of sexual assault, dating violence, domestic violence, stalking, human trafficking, and sexual harassment. It looks at the types of individuals and organizations that these victims approach for help and suggests ways to improve reporting. The students surveyed were either: undocumented, have DACA, have F/J/M visas, have VAWA/ U/ T visas, or are lawful permanent residents.

[pdf] Interim and Supportive Measures to Help and Protect Foreign Born Student Victims of Sexual Assault, Dating Violence, Stalking and Sexual Harassment (April 2, 2018) (+)

This document suggests various interim measures for colleges, universities, high-schools, elementary schools, and other educational institutions to utilize when assisting foreign born students who have been victims of sexual violence, dating violence, and stalking. This discusses the types of interim measures that would be useful for students with varying immigration statuses, including: F, M, and J visa holders, DACA, VAWA, T and U visa, and undocumented students.

[msword] Form for Benefits Granting Agencies to Use to Obtain Verification of Benefits Eligibility for Qualified Battered Immigrants (+)

This is a word document that benefits granting agencies can use to request verification of benefits eligibility for VAWA self-petitioners and other battered qualified immigrants including victims with pending or approved I-130 family based visa petitions. Qualified battered immigrants will be eligible for federal and state public benefits but their cases are not included in the SAVE system and the Interim Guidance directs that should benefits verification be necessary that an alternate system be used for VAWA self-petition cases. The location of where this form should be sent changes over time. For current information for government agencies seeking verification on where to submit this form contact the DHS Office on Policy and Strategy Eric Tijerina: eric.j.tijerina@uscis.dhs.gov or 202-272-1068

[pdf] State Restrictions on Immigrant Access to VOCA Compensation (October 1, 2015) (+)

This policy memo seeks additional regulations and policies from the U.S. Department of Justice that would prevent states from cutting off immigrant crime victims from Victims of Crime Act Funded Victims Compensation. The memo covers legal research and Office of Victims of Crime policies confirming that VOCA Compensation is not a federal public benefit and immigrant restrictions do not apply. It also discusses that approach the two states restricting immigrant access to victims’ compensation have taken and reports survey data on the impact that these restrictions have on crime victims in those states.

[pdf] SNAPS In Focus: Addressing the Needs of Human Trafficking Victims (2016) (+)

Discusses action plan for serving human trafficking victims. Includes a discussion of the HUD requirement that housing and service providers that they must not turn away immigrants experiencing homelessness or victims of domestic violence or human trafficking, on the basis of their immigration status, from certain housing and services necessary for life or safety – such as street outreach, emergency shelter, and short term housing assistance including transitional housing and rapid rehousing funded through the Emergency Solutions Grants (ESG) and CoC Programs.

[pdf] Services Available to Victims of Human Trafficking: A Resource Guide for Social Services Providers (2012) (+)

Provides an overview of the state and federally funded benefits and services available to victims of human trafficking. Includes access to public benefits offered by HHS, USDA, HUD, USDOJ, SSA, DOL, and DOE (Education).

[pdf] FAQ Access to FYSB-funded Services for Survivors of Domestic Violence _ Family and Youth Services Bureau _ Administration for Children and Families (2016) (+)

The document confirms that immigrant victims have access to HHS Family Violence Prevention Act funded services including shelter and intermediate/transitional housing. It also discusses that anti-discrimination laws that apply.

[pdf] Triagency Letter: Citizenship Immigration Status and Social Security Numbers (January 21, 2003) (+)

Letter from HHS and the U.S. Department of Agriculture: Policy guidance regarding inquiries into citizenship, immigration status, and social security numbers in state applications for medicaid, State Children’s Health Insurance Programs (SCHIP), Temporary Assistance for Needy Families (TANF), and food stamp benefits. Approved for distribution by OMB. Form Approved OMB# 0990-0379 Exp. Date 9/30/2020

*Three Federal Agencies Issue Joint Agency Letter On Shelters and Transitional Housing (August 12, 2016)

August 12, 2016 Below is an important letter released jointly by the U.S. Department of Housing and Urban Development (HUD), the U.S. Department of Health and Human Services, and the U.S. Department of Justice (DOJ) that reminds recipients of federal funds how the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 applies to their programs. […]

[pdf] HUD-HHS-DOJ-Letter-Regarding-Immigrant-Access-to-Housing-and-Services (+)

This letter reiterates long standing federal policies that immigrants cannot be denied access to certain services necessary to protect life and safety based on their immigration status.
This letter reiterates that immigrants experiencing homelessness,  victims of domestic violence, sexual assault, dating violence, stalking or human trafficking may not be turned away on the basis of immigration status from life and safety services including but not limited to emergency shelters, and short-term housing assistance (including transitional housing and rapid re-housing), crisis counseling and intervention, soup kitchens, community food banks, emergency Medicaid and public health services.
Importantly, this Tri-Agency letter describes the anti-discrimination requirements that apply to all federal grantees and the application of these protections to cases involving immigrants

[pdf] Public Benefits and Language Access (2016) (+)

Presentation at the Culture and Compassion Conference Indianapolis, Indiana covering access to federal and state funded assistance and services to immigrant victims without regard to immigration status, state and federal public benefits open to qualified immigrants and legal requirements of U.S. language access laws.

[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] Access To State Funded Public Benefits in Pennsylvania Based on Immigration Status (+)

This handout was created for the training entitled “Overview of Federal and State Public Benefits: Access For Immigrant Survivors and Their Children”, offered in partnership with the Pennsylvania Immigration Resource Center (PIRC) and led by Leslye E. Orloff and Benish Anver. The chart provides a breakdown of the state funded public benefits available to various immigrants in Pennsylvania based on their current immigration status.

*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 […]

*Interactive Public Benefits Map

An interactive map providing state-by-state data on the demographics of and public benefits available in all 50 states and the District of Columbia. The benefits outlined include: TANF, healthcare, post-assault care, pre-natal care, emergency Medicaid, forensic exams, child care, driver’s licenses, food programs, in-state tuition, SSI, and energy/weatherization. https://map.niwap.org/  

[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.

*Financing college for DACAmented and undocumented students

Can DACAmented or undocumented students receive financial aid? The answer depends on the source of the financial aid funds. Federal: Undocumented students are ineligible for all forms of federal financial aid. State: In a limited number of states (Texas, New Mexico, California, Minnesota, and Washington), undocumented students are eligible to receive state grants and/or scholarships. […]

[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.