[pdf] Policy-Manual-Victims-of-Trafficking-Part-B-May-2024-1 (+)

This policy manual was issued by USCIS and governs T visa adjudications. It also serves as a resource for judges, attorneys, and victim advocates providing a resource for accessing legally accurate information on the T visa. The policy manual includes section that provide a complete overview of the T visa purpose, background, and policies for an immigrant victim of human trafficking. It includes detailed chapters on eligibility, evidence requirements, eligible family members, and timing for a T visa application. This USCIS policy manual provides professionals working with immigrant victims of human trafficking a guide for successfully completing an application and obtaining the visa and benefits to which T visa applicants and holders are entitled.

[pdf] Romain v. Napolitano (March 16 2012) United States District Court (+)

Romain v Napolitano (March 16 2012), U.S. District Court, Eastern District of New York. NIWAP, represented by Morgan, Lewis and Bockius, served as lead amicus in the first VAWA Confidentiality appeal of denial of a criminal court discovery order. This was a case in which a domestic violence perpetrator who was being prosecuted for domestic violence sought discovery under Brady and W.M.V.Crio of the VAWA confidentiality protected VAWA self-petition immigration case filed by his battered immigrant spouse. The perpetrator of spousal rape subpoenaed the
victims VAWA self-petition case from the U.S. Department of Homeland Security. The Federal District Court ultimately denied the subpoena and discovery of the self-petition file by the criminal defendant

[pdf] Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona (June 11 2010) (+)

Friendly House Et Al., V. Michael B. Whiting Et Al., United States District Court Arizona, (2010) Recruited by the ACLU, MALDEF, The National Immigration Law Center and the Asian Pacific American Legal Center to organize a women’s perspective amicus in support of plaintiff’s motion for a preliminary injunction to stop implementation of key portions of Arizona’s anti-immigrant legislation SB 1070. Legal Momentum also assisted in identifying immigrant victim plaintiff’s for this lawsuit. 83 women’s, violence against women’s and allied organizations joined the brief which demonstrated how SB 1070 interferes with federal protections for immigrant crime victims; cuts immigrant women and their children off from federally provided services necessary to protect life, health and safety, and harms children by depriving them of the care and nurturing of their mothers through detention leading to family separations. The Mexican Consulate translated this brief and is distributing it in Spanish. (Manatt, Phelps, and Phillips, Pro Bono)

[pdf] European Connections & Tours, Inc. v. Gonzales (April 24 2006) (+)

European Connections & Tours, Inc. v. Gonzales, (2006) Developed amicus brief and assisted the U.S. Attorney General in a motion to dismiss a 1st Amendment challenge to the collection of data on male clients for prospective brides and 5th Amendment Equal Protection challenge to regulation of for-profit or majority for-profit but not cultural or religious International Marriage Brokers. (Crowell and Moring, Pro Bono).

[pdf] Equal Employment Opportunity Commission v. Koch Foods 5th Circuit (October 22 2015) (+)

Equal Employment Opportunity Commission v. Koch Foods. NIWAP Inc. collaborated with Latino Justice, the law firms of Arnold and Porter and Procopio, and Legal Momentum to submit an amicus brief to the 5th Circuit Court of Appeals in an interlocutory appeal of a Federal District Court decision to allow an employer who employed supervisors who perpetrated rape, sexual assault, felonious assault, extortion, sexual harassment and other discrimination against workers to use civil court discovery in an EEOC enforcement action to obtain copies of the victim’s VAWA confidentiality protected U visa case files. The brief provided legislative history of the VAWA confidentiality provisions and the U visa and discussed the public policy effects on victims of domestic violence, sexual assault, human trafficking and other crimes if discovery of VAWA confidentiality protected information is allowed in civil cases. (October 22, 2015)

[pdf] United States V. Luciana Moreno-Lopez; (June 7 2010) United States District Court, Eastern District of Chattanooga (+)

Amicus brief in a case in which undocumented workers had been victims of extortion, when the workers complained to EEOC and the Department of Labor the employer retaliated by triggering the employees detention by the Department of Homeland Security.
The workers filed and received U-visas as victims of extortion despite this fact, the U.S. attorney brought charges
against the workers for document fraud. This amicus brief, filed in the employees’ criminal case, described the
history and purpose of the U-visa as humanitarian relief and a tool for law enforcement.

[pdf] Chapter 10: U Visas: Victims of Criminal Activity (August 8, 2023) (+)

Chapter from “Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault” to assist advocates and attorneys in identifying sexual assault, domestic violence, and other crime victims who may be eligible for U-visa immigration status and to provide resources to help advocates and attorneys work together to prepare U-visa applications for immigrant crime victims.

[pdf] ICE Memorandum: Detention Policy Where an Immigration Judge Has Granted Asylum and ICE Has Appealed (Feb. 9, 2004) (+)

This memorandum reiterated that ICE favors release in general for immigrants granted protections by immigration judges. It also instructs that bond should be reviewed after granting asylum for the asylee to be released in accordance with ICE policies. Arriving immigrants should be considered for parole. This memorandum is cited in the Doyle Memorandum ICE Guidance […]

[pdf] DHS Enforcement Priorities, Courthouse Enforcement and Sensitive Location Policies and Memoranda Information for State Court Judges (December 27, 2021) (+)

This Bench Card helps courts understand the laws that protect immigrant crime victims from immigration enforcement activities, DHS immigration enforcement priorities and limitations placed by federal statute and by Department of Homeland Security policies on immigration enforcement at courthouses. Additionally, understanding which locations DHS considers sensitive locations will help courts craft orders that help children and families. This bench card provides courts access to legally correct information about immigration law that courts can apply when they are called upon to adjudicate cases in which a party has raised an immigration issue in state court.

This bench card has been updated to reflect the Department of Homeland Security Enforcement Priorities that require a cases by case consideration of the totality of the circumstances and mitigating factors that include crime victimization, being a caregiver of children, incapacitated adults, and/or elder parents, as well as other factors including length of time in the U.S., and education in the U.S. There are three enforcement priorities: risk to national security/terrorism, unlawful entry into the U.S. after November 1, 2020, and current threat to public safety typically because of serious criminal conduct. The later two enforcement priorities requires an assessment of mitigating factors and the totality of the facts and circumstances.

[pdf] Policy Advocacy Cycle (2012) (+)

Overview of how laws, regulations and policies and made, implemented and used to help immigrant victims based on advocacy that led to the creation of the VAWA self-petition, the U visa, and the T visa and legal services access for abused immigrants.

[pdf] EOIR Director’s Memorandum 22-03: Administrative Closure (Nov. 22, 2021) (+)

This directive restores administrative closure allowing immigration judges to temporarily pause removal proceedings. This docket management tool established by Matter of Cruz-Valdez allows an exercise of discretion to remove lower priority cases from the docket. Advocates and attorneys of immigrant survivors may consider seeking administrative closure of a case to expedite their clients’ case.

[pdf] Victims of Human Trafficking: T Nonimmigrant Status (+)

This USCIS webpage describes who qualifies for the T visa. It outlines the definition of “severe form of trafficking in persons” and provides quick information on eligibility, application, and employment authorization. It includes eligibility for qualifying family members, public benefits, and links to other resources developed by the Department of Homeland Security on T visas, […]

[pdf] DHS Center for Countering Human Trafficking Fact Sheet (+)

The DHS Center for Countering Human Trafficking (CCHT) works to promote counter human trafficking law enforcement operations, protect victims, and enhance prevention efforts by aligning DHS’ capabilities and expertise. This fact sheet provides a one-page resource containing information on the duties of the CCHT as well as contact information for the center.

[pdf] T Visa Law Enforcement Resource Guide (+)

This T Visa Law Enforcement Resource Guide is intended for federal, state, local, Tribal and territorial law enforcement, prosecutors, judges and other government agencies who are authorized to sign T visa declarations. This standalone resource guide on T visas for certifying agencies. It provides information on eligibility requirements for immigrant victims, best practices for certifying […]

[pdf] Policy Manual Victims of Human Trafficking Waivers of Admissibility (+)

This USCIS policy manual provides an overview of the waivers available for T visa applicants, including the USCIS’ discretion to waive grounds of inadmissibility specific to T visa applicants and discretion to waive certain grounds of inadmissibility based on balancing positive and negative factors. It describes each of the discretionary waivers in detail as well […]

[pdf] DHS Guidelines for the Enforcement of Civil Immigration Law (September 30, 2021) (+)

This memorandum issued on September 30, 2021, to U.S. Immigration and Customs Enforcement provides guidance for the apprehension and removal of noncitizens. In the Memo, Mayorkas points out that in the United States, there are more than 11 million undocumented or removable noncitizens. “The majority of the more than 11 million undocumented or otherwise removable noncitizens in the United States have been contributing members of our communities across the country for years. The fact an individual is a removable noncitizen will not alone be the basis of an enforcement action against them.” Therefore the memo states that it is necessary to exercise discretion and determine priorities for immigration enforcement action. In doing so Secretary Mayorkas stated: “For the first time, our guidelines will, in the pursuit of public safety, require an assessment of the individual and take into account the totality of the facts and circumstances.

[pdf] Current State of Violence Against Women Act and Trafficking Victim Protection Act Implementing Regulations and Policies (January 8, 2015) (+)

Analysis of many of the provisions that were passed as part of the Violence Against Women Acts of 1994, 2000, 2005 and 2013 that as of January 2015 had still not been implemented by either the Immigration and Naturalization Service or the Department of Homeland Security. Since this article focused mostly on U visas and VAWA self-petitions, it omits a discussion of the fact that the pre-1994 battered spouse waiver regulations that were overruled by VAWA 1994’s any credible evidence rules have not been amended to removed the overruled provisions for almost three decades as of 2021.

[pdf] Law Enforcement Prosecutor U Visa Letter – DHS 5.25.21 (+)

Letter from NIWAP and Law Enforcement and Prosecutors to Secretary of DHS Mayorkas.The letter explains how criminal investigations and prosecutions are undermined when immigrant victims do not have the safety and security that comes with being assured that they will not be deported and being able to leave abusive homes and employers because they have […]

[pdf] HISI Directive 10075.1 Continued Presence (+)

Homeland Security Investigations (HSI) Directive 100775.2 establishes policy and procedures for U.S. Immigration and Customs Enforcement (ICE) HSI personnel when requesting Continued Presence on behalf of victims of a severe form of trafficking and who may be potential witnesses in the investigation and/or prosecution of those responsible for such trafficking, as well as those who have filed a civil action. This directive was made publically available by FOIA request.

[pdf] U and T Visa Certification Protocol for Courts (October 20, 2020) (+)

This draft U and T visa Certification Protocol was adapted from the Superior Court of California, County of San Francisco Civil Division U-Visa Certificate Protocol. This model policy can be adopted by courts across the country. The policy cites and is fully consistent with relevant and updated statutes, laws, regulations, and DHS policies on U and T visa certifications.

[pdf] USCIS Requests for Evidence and Notices of Intent to Deny PM-602-0085 (June 3, 2013) (+)

This policy memo governed adjudication of immigration relief benefits by USCIS and required the issuance of requests for further evidence and notices of intent to deny giving applicants an opportunity to supplement the record and address concerns prior to the denial of their immigration case. The policy was updated 7/13/18 https://www.uscis.gov/news/news-releases/uscis-updates-policy-guidance-for-certain-requests-for-evidence-and-notices-of-intent-to-deny and the notice of the updates contains a useful explanation of the practice that has been historically used by USCIS to adjudicate cases.

[pdf] T Visa Regulations 2002 and 2016 (June 23, 2020) (+)

This document compares and tracks with comments the evolution and regulatory history of the T visa regulations. It includes the full regulatory history preamble language from both sets of regulations. It interlineates the 2002 regulations to help users identify which parts of the 2002 regulations and the preamble supporting that language remain in effect after implementation of the 2016 regulations. It also identifies which parts of the 2002 regulations were substantially modified, overruled, or replaced by the 2016 regulations and crosses out those provisions and any preamble language that is no longer relevant after implementation of the 2016 regulations. This is a tool that will help lawyers, judges and the field better understand the T visa regulations, and their history and purpose so as to better serve victims of human trafficking.

[pdf] DHS Proteccions Para Las Víctimas Inmigrantes (Protections for Immigrant Victims)(Marzo 1, 2017) (+)

El Departamento de Seguridad Nacional ha producido una infografía que provee un resumen de protecciones legales para víctimas de crimen quien son adultos y niños. Esta infografía provee protección sobre inmigración para víctimas que sufren abuso en los estados unidos y/o en el extranjero. Las formas de alivio son: VAWA auto petición, Visa U, Visa T, Presencia Continua, Estado Especial de Inmigrante Juvenil (SIJS) y Asilo. Esta infografía tiene enlaces al sitio de web de DHS con materiales de entrenamiento e información sobre estos programas, formas de aplicaciones e instrucciones producido por el gobierno.

[pdf] U-Visa: “Helpfulness” Checklist (+)

This checklist has been developed to assist police, prosecutors, judges, commissioners, magistrates and other U visa certifying officials in identifying the wide range of ways an immigrant crime victim can provide helpfulness to justice system officials and government agencies in detection, investigation, prosecution, conviction or sentencing of U visa listed criminal activity. The document includes citations to U.S. Department of Homeland Security policies, regulations, guidance and training materials on U visa certification and helpfulness. A national team of law enforcement, prosecutors and judicial trainers with expertise and experience on the U visa contributed to the development of the list of examples of helpfulness included in this document based on their experience and expertise.

[pdf] INS Virtue Any Credible Evidence and Extreme Hardship Memo October 16, 1998 (+)

This memo has excellent language on page 7 near on the “any credible evidence” standard and the documentary requirements, and supporting language as to why it is structured that way. Specifically– “Any credible evidence” on page 7 “ Generally primary or secondary evidence must be submitted with an immigrant visa petition. See 8 CFR 204. l. However, that section allows the battered spouse or child self-petitioner to submit “any credible evidence” and does not require that the alien demonstrate the unavailability of primary or secondary evidence.

[pdf] ICE Memo April 2019 Memo on Continuing Validity of The Crime Victims Witness Protection Memo (April 19, 2019) (+)

This email confirms the that the 2011 ICE Victim Witness memo continues to be the ICE 2019 policy in place regarding immigrant crime victims and it confirms that the 2009 policies regarding expedited adjudication of pending U visa applications when a victim is in ICE detention also continues to be the ICE policy in 2019.

[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] Privacy Protections for Immigrant Victims of Domestic Violence, Sexual Assault, Human Trafficking, Child Abuse and Other Immigrants Applying for Public Benefits (October 14, 2020) (+)

The fact sheet provides an overview which government officials state or federal have obligations to inquire into or report immigrants whom they believe may not be in the U.S. lawfully to the Department of Homeland Security. This document discussed the very limited circumstances (in the context of certain public benefits applications) in which government officials are required by federal law to report an individual’s believed citizenship or immigration status to DHS.

[pdf] USCIS Memo on Eligibility to SP as Intended Spouse – Bigamy Memo (August 21, 2002) (+)

The purpose of this memorandum is to inform Immigration and Naturalization Service officers in the field of the change in the law concerning the eligibility to self-petition as an intended spouse of an abusive United States citizen (USC) or lawful permanent resident (LPR). This change in the law protects battered immigrants who believed s/he
was married to a USC or LPR, but later discovered the marriage was not legitimate because of the bigamy of the USC or LPR.

[pdf] VAWA Hotline INS Press Release (August 11, 2000) (+)

This press release by INS announced the creation of the VAWA Information Line, a telephone information line -designed specifically to assist battered immigrants seeking to self-petition. Since the creation of the telephone line, the Vermont Service Center has expanded this service to include email. The line provides recorded information about the application process and updates on issues to applicants, attorneys, service providers and other assisting battered immigrants

[pdf] Memo on Revocation of VAWA Self-Petitions- (August 5, 2002) (+)

Memorandum Affirms the Need and Benefit for a Specialized Central Unit. This memorandum prohibits local CIS offices from re-adjudicating self-petitions at page 1 and supports supervisor review in the central unit prior to revocation of the self-petition at page 2. This memorandum is a useful tool for educating local offices about their role in adjusting self-petitioners.

[pdf] DOJ Memo on Supplemental Guidance on Self-Petitioning Process and Related Issues (May 6, 1997) (+)

This memorandum outlines the changes in the handling of self-petitions for immigrant status filed by battered spouses and children of U.S. citizens and permanent residents aliens and addresses related issues. The changes highlighted include: the Centralization at the Vermont Service Center at page 2, Other District Office issues page 7.

[pdf] USCIS Interoffice Memo Legal and Discretionary Analysis for Adjudication May 3, 2006 (+)

This interoffice memorandum notes the importance of conducting both a legal and discretionary analysis for adjudications. This memorandum reminds adjudicators of the importance of carefully analyzing the factual findings, legal requirements, and discretionary factors in adjudicating applications and petitions (at page 1). While the legal analysis is important, “it is not the end of the adjudication, regardless of whether the applicant has shown legal eligibility or not, and even if the requisite hardship for a waiver has been shown” adjudicators must conduct a discretionary analysis weighing the applicant’s equities including the applicant’s conduct, character, relationships, U.S. ties, and other humanitarian factors (at page 1 and 2).

[pdf] USCIS NTA Procedures and Fraud Findings (+)

This memorandum revises guidance to USCIS officers on how to process and prioritize cases in which a non-citizen appears to be removable, to include some self-petitioners whose adjustment of status application is found deniable (at page 3). Additionally, the memo also prioritizes removal for cases denied by USCIS based on fraud. In all pending cases, including VAWA self-petitions where there is a suspicion of fraud. In cases where fraud has been verified and the denial is at least in part based on a finding of fraud, USCIS will Issue an Notice to Appear (NTA) once it denies the case after the fraud is verified through an administrative inquiry by USCIS FDNS at (page 7).

[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 Requests for Evidence and Notice of Intent to Deny (+)

This USCIS Policy Memorandum provides guidance on procedures for issuing Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) for the adjudication of petitions, applications, and other requests to include VAWA Self-Petitions.The RFE and NOID process gives adjudicators an opportunity to request additional evidence “to determine whether each of the essential element has been satisfied by the applicable standard of proof” at page 2 for VAWA self-petitioners the standard is “any credible evidence”. The RFE and NOID is a mechanism built into the VAWA self-petitioning process which affords officers an additional prospect to identify deception and at the same time allows immigrant victims an opportunity to supplement an application with additional information or provide an explanation to cure a deficiency to show eligibility.

*San Francisco Superior Court, Civil Division, U Visa Certification Protocol (October 27, 2017)

On October 27, 2017 the Superior Court of California, County of San Francisco, Civil Division issued a U-Visa Certification Protocol that governs how U Visa certifications will be processed and issued by judges in that court.  The San Francisco Superior Court Civil Division handle a wide range of matters including family law cases (divorce, custody, […]

[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] Connecticut U Visa Law Enforcement Protocol (June 22, 2010) (+)

The Connecticut Officer Standards and Training Council issued a detailed protocol setting out U and T visa certification policies and training requirements for law enforcement agencies in Connecticut. General Notice 10-01. “Adoption of a Uniform Connecticut Law Enforcement Protocol for Treating Victims of Family Violence Whose Immigration Status is Questionable.” This implements the provisions of Connecticut Code Section 46b-38b(e)(5) which requires that every police department in the state designate at least one official responsible for U visa certification who assist immigrant victims with U visa certification.

[pdf] Connecticut U Visa Certification Statute (2010) (+)

Connecticut Code Section 46b-38b(e)(5) requires that every police department in the state designate at least one official responsible for U visa certification who assist immigrant victims with U visa certification. The statute further requires that the Police Officer Standards and Training Council issue detailed U visa certification protocols that are to be adopted by each law enforcement agency in the state. See General Notice 10-01 “Adoption of a Uniform Connecticut Law Enforcement Protocol for Treating Victims of Family Violence Whose Immigration Status is Questionable.”

*California’s U Visa Certification Law (Penal Code Section 679.10)

California’s Immigrant Victims of Crime Equity Act (SB 674; California Penal Code Section 679.10) became law on January 1, 2017. Implementing policy for the California Attorney General: New and Existing State and Federal Laws Protecting Immigrant Victims of Crime October 28, 2015. Immigrant Legal Resource Center (ILRC) Publications on California’s U Visa Certification Law ILRC fact […]

[pdf] Re: PM-602-0110: VAWA Amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children (+)

NIWAP’s response in support of the memo that included comments for further clarification and instructions regarding the adjudication of such applications. USCIS issued a 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 […]

[pdf] Department of Homeland Security: U Visa Immigration Relief for Victims of Certain Crimes: An Overview for Law Enforcement (February 2017) (+)

The U.S. Department of Homeland Security published a tool that provides an overview for law enforcement and other government agencies (including judges) authorized by the U Visa statutes, regulations and policies to sign U visa certifications. The overview describes the role of a certifier, what constitutes U Visa criminal activity, which government agencies are eligible to certify, who can sign a certification, when a certification may be signed, tips for completing the certification, and includes phone numbers, websites and resources available to assist certifiers from DHS and United States Citizenship and Immigration Services.

*VAWA Confidentiality Protections for Immigrant Crime Victims (Update March 8, 2021)

This page contains useful information about VAWA confidentiality protections for immigrant crime victims.  For up-to-date additional materials and case law follow these links:  VAWA Confidentiality Training Materials (November 17, 2023) Training Materials – VAWA Confidentiality and Discovery in Family & Criminal Court Cases – Materials List (November 17, 2023) VAWA confidentiality was designed to enhance […]

[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.

*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] Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (November 17, 1997) (+)

Department of Justice Guidance, issued in 1997 implementing 1996 laws (The Personal Responsibility and Work Opportunity Act -PRWORA and the Illegal Immigration Reform and Immigrant Responsibility Act IIRAIRA) that together govern immigrant access to federal and state public benefits. These interim guidance have remained in effect since 1997. Although a proposed rule was published in 1998, that proposed rule was never promulgated or finalized. As a result these interim guidance continue to govern regarding the application process for public benefits for immigrants and at what point in the process benefits application process and under what circumstances are state and federal public benefits granting agencies authorized to contact DHS regarding immigration status eligibility for public benefits purposes. The interim guidance contains detailed information on public benefits eligibility for battered immigrants in Attachment 5 Exhibit B which also discusses the battered immigrant deeming exception, abused step-child eligibility for VAWA suspension of deportation and cancellation of removal; and discusses applying the “any credible evidence” standard to prove battery or extreme cruelty. It is important to note that the old fax based system for verification for battered immigrants has been replaced by the SAVE system which has special rules for how verification is conducted in cases of abused immigrants and immigrant crime victims to protect VAWA confidentiality.

[pdf] Instructions for T Visa Declaration (Certification) Form I-914, Supplement B (January 18, 2017) (+)

Instructions for filling out Form I-914, Supplement B, Declaration (Certification) to be used by law enforcement, prosecutors, judges and other government agencies signing declarations/certifications that provide evidence in support of a victim of human trafficking’s application for a T visa.

[pdf] VAWA Reauthorization 2013 Changes to U Visa and Adjustment of Status (+)

Interim Guidance policy memorandum implementing VAWA 2013 statutory changes to the U visa program. This memo adds new crimes, discusses age out protections for U visa children, the public charge exception for VAWAs, Ts and Us, U visa adjustment of status improvements, and access to foster care and unaccompanied refugee minor programs for certain u visa recipients.

[pdf] Domestic Violence and Sexual Assault Public Policy Timeline Highlighting Accomplishments on Behalf Of Immigrants and Women of Color (February 11, 2017) (+)

Provides an overview of the historical achievements that improve laws, policies, practices and access to services for battered women, sexual assault victims and particularly immigrant and women of color victims.

[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] Work Authorization for Spouses of Visa Holders – DHS Policy Memo (+)

This policy memorandum was issued by DHS on March 8, 2016 and provides guidance on the eligibility for work authorization of spouses of certain kinds of visa holders if they or their children have been abused. The categories of visas to which this applies are as follows: A-1, A-2, A-3, E-3, G-1, G-2, G-3, G-4, G-5, H-1B, H-1B1, H-2A, H-2B, H-3, and H-4.

[pdf] DHS U and T Visa Law Enforcement Resource Guide Updated November 30, 2015 (+)

Updated November 30, 2015, the Department of Homeland Security published an updated resource guide to clarify and further explain the role of certifying agencies in the U and T visa application process. This guide addresses concerns, answers common questions, and provides accurate information on signing I-918B and I-914B forms for federal, state, local, tribal, and territorial law enforcement, prosecutors, judges, and other government agencies qualified to sign U visa certifications such as the EEOC, federal and state labor departments, adult and child protective services, and any other eligible agencies that have criminal, civil, or administrative investigative or prosecutorial authority. The guide provides information on what U and T visas are, discusses U visa qualifying criminal activities and severe forms of trafficking in persons, explains the standard for “helpfulness” and “reasonable request for assistance”, and has many more important tips and information about the U and T visa.

[pdf] Immigrant Crime Victims and U Visa Certification – What is it and Why Should Judges Care? (National) (+)

This judicial training update published by Judge Alan F. Pendleton, Anoka County District Court, provides guidance on U visa certification by state court judges based on the ABA rules of judicial ethics and U.S. Department of Homeland Security (DHS) policies, regulations, training materials and statutes and consultation with DHS U visa experts. This training update for judges discusses the U visa program, dispels common myths about U visa certification by judges, answers questions judges and court staff have about U visa certification, and discusses judicial ethics ABA rules and a 2015 Minnesota Advisory Opinion discussing how, when and why judges can sign U visa certifications consistent with judicial ethics rules and canons.