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 how, when and why the Minnesota Code of Judicial Conduct permits signing of U visa certifications and the June 26, 2015 Minnesota Board of Judicial Standards Advisory Opinion 2015-2 on this issue.
Topic: Regulations and Policies
Regulations, regulatory histories, preambles from the Federal Register, government agency implementing policies
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[pdf] U Visa Certification by Judges: Minnesota Board of Judicial Standards Opinion 2015 (+)
This opinion by the Minnesota Board of Judicial Standards discusses how judges can sign U visa certifications consistent with the codes of judicial ethics. There are two Judicial Training and Education Updates one national https://niwaplibrary.wcl.american.edu/pubs/national-uvisa-judicial-training-update/ and one for Minnesota https://niwaplibrary.wcl.american.edu/pubs/minnesota-uvisa-judicial-training-update/ that discusses the this opinion and its implications on U visa certification by judges. The November 30, 2015 U and T Visa Law Enforcement Resource Guidefor Federal, State, Local, Tribal and Territorial Law Enforcement, Prosecutors, Judges, and Other Government Agencies written by the Department of Homeland Security provides further information for judges on U visa certification. https://niwaplibrary.wcl.american.edu/pubs/dhs-updated-u-certification-resource-guide-2015/
[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] American Online Dating Association v. Gonzales (+)
Plaintiff challenging the IMBRA and requesting a temporary restraining order prohibiting enforcement of IMBRA sections, which require international marriage brokers to search national and state sex offender registries and collect domestic client information regarding arrests and convictions, restraining orders, marital history, and ages of minor children and requires the disclosure of this information to potential foreign spouses. Court denied Plaintiff’s Motion for a Temporary Restraining Order.
[pdf] Automatic Administrative Relief for Aliens Eligible for Nonimmigrant Status (+)
Memorandum discussing automatic Administrative Relief for Aliens Eligible for Nonimmigrant Status under Sections 101 (a)(15)(T) and (U) of the Immigration and Nationality Act and advises field offices on new procedures for handling such cases.
[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] Advance Questions/Discussion Topics for VSC Meeting (+)
General questions regarding U-visas and VAWA self-petition for Vermont Service Center meeting.
[pdf] Vermont Service Center Stakeholder Conference (+)
Questions and answers from U.S. Citizenship and Immigration Services Vermont Service Center Stakeholder Conference on various topic areas; including G-28, Duplicate Approval Notices, I-751, Student Visas, Temporary Protected Status, H-1B issues, J- waiver issues, etc.
[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] Inquiry Process for T, U, and VAWA Applicants (+)
Questions and answers for the inquiry process for T, U and VAWA Applicants.
[pdf] Report on the Operations of the Violence Against Women Act Unit at the USCIS Vermont Service Center (+)
Report to Congress on the operations of the Violence Against Women Act unit at the USCIS Vermont Service Center.
[pdf] How Specially Trained Adjudicators in a Centralized Unit, Rather than Generalists in Local USCIS Offices, Make a Critical Difference in the Quality of Decisionmaking in VAWA Cases (+)
This backgrounder explains the current process and summarizes those survey results, reflecting the experience of legal advocates with the VAWA interviews that are already conducted at local USCIS offices. The survey results indicate that many local offices are poorly equipped to handle VAWA cases, with advocates often giving low marks on both knowledge of the law and sensitivity to victims. Giving local offices any additional interview or adjudication responsibilities in VAWA cases, as the proposals had suggested, simply did not make sense – for victims, or the system – and defied decades of lessons learned and best practices in the domestic violence field about the critical importance of specialized training.
[pdf] Improving the Vermont Service Center VAWA Unit Staffing (+)
NIWAP memorandum to DHS on the importance of specialized units within the Vermont Service Center and strategies to improve performance, practices, and staffing.
[pdf] How Training and Expertise Improve VAWA Immigration Case Processing: The Efficacy and Legislative History of the Specialized VAWA Unit (+)
In passing the Violence Against Women Act and including immigration protections in it, Congress sought to create a mechanism through which U.S. immigration laws could offer help to immigrant victims of domestic violence, sexual assault, human trafficking, and other crimes. Spousal abuse consists of chronic violence and is characterized by persistent intimidation and repeated physical and psychological harm. Absent intervention, it is almost guaranteed that the same woman will be assaulted over and over by her mate. Studies indicate that the repeated violence escalates in severity over time and knowledge of this fact is the foremost reason women stay with their batterers.
[pdf] INS Implements Direct Mail of Form 1-360 for Self-Petitioning Battered Spouses and Children (+)
To ensure appropriate and expeditious handling of all self-petitions filed by battered spouses and children, the Immigration and Naturalization Service (INS) has implemented new centralized filing procedures. Under the new procedures – which were published in the Federal Register on April 7, 1997 – applicants now should mail their applications to the Vermont Service Center.
[pdf] A Letter to Grace Carswell of Immigration and Naturalization Services (+)
A Letter to Grace Carswell, Director of Immigration and Naturalization Services regarding the Vermont Service Center’s use of specialized personnel in the VAWA unit.
[pdf] Announcement of DHS Transfer of All U Visa Adjudications to the VAWA Unit of the Vermont Service Center (+)
Statement of Senator Patrick Leahy, Ranking Member, Senate Judiciary Committee Subcommittee on Crime, Corrections, and Victims’ Rights Hearing on “Alien Smuggling/Human Trafficking: Sending a Meaningful Message of Deterrence.”
[pdf] A Letter to Michael Aytes of U.S. Citizenship and Immigration Services (+)
A Letter to Michael Aytes of U.S. Citizenship and Immigration Services from Gail Pendleton, CO-Director, ASISTA Immigration Assistance regarding the failings of the current VAWA sytem within USCIS from an immigration law perspective.
[pdf] A letter to Alexander Aleinikoff (INS) Regarding I-130 Interviews Involving Abused Spouses (+)
A letter to Alexander Aleinikoff of Immigration and Naturalization Services from Leslye Orloff, Director of Program Development, AYUDA regarding petition adjudication problems encountered by battered women who have pending I-130 cases, but whose abusive spouses fail to appear at the adjustment interview.
[pdf] John Conyers Extension of Remarks-VAWA 2005 Legislative History (+)
Congressional Record Extensions of Remarks December 18, 2005 containing speech of Representative John Conyers, Jr. on VAWA in regards to battered immigrants.
[pdf] VAWA Unit Legislative History 2003 Appropriations Bill (+)
Congressional Record from February 12, 2003 House of Representatives at page H885 expressing support for case processing at the VAWA Unit
[pdf] USCIS Response to National Network Letter Regarding VAWA Unit Operations (+)
USCIS Letter to the National Network to End Violence Against Immigrant Women from the U.S. Department of Justice Immigration and Naturalization Service regarding failings within the USCIS VAWA unit.
[pdf] Letter from Alex Aleinikoff (INS) fo Leslye Orloff (Ayuda) Regarding VAWA Self-Petitioning Cases (+)
Letter in response to Leslye Orloff, Director of Programs at Ayuda, INC from the U.S. Department of Justice Immigration and Naturalization Service discussing creating of the VAWA Unit and VAWA cases processing and the interrelationship with I-130 family based visa processing.
[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] Improving the Process for Victims of Human Trafficking and Certain Criminal Activity: The T and U Visa (+)
The Citizenship and Immigration Services Ombudsman provides independent analysis of problems encountered by individuals and employers interacting with U.S. Citizenship and Immigration Services and proposes changes to mitigate those problems.
[pdf] Federal Register: New Classification for Victims of Severe Forms of Trafficking in Persons (+)
This rule is intended to assist all concerned Federal officials, including, but not limited to, officials of the Immigration and Naturalization Service (Service), and eligible applicants, in implementing provisions of section 107(e) of the Trafficking Victims Protection Act of 2000 (TVPA).
[pdf] U Nonimmigrant Visas for Victims of Criminal Activity (+)
Department of State reference document that can provide guidance about processing nonimmigrant visas in the U category.
[pdf] Questions for CIS Regarding U Visas (+)
Frequently asked questions about U visas.
[pdf] Guidance on Adjudicating Stay Requests Filed by U Nonimmigrant Status (+)
US Immigration and Customs Enforcement Memorandum providing guidance to the ICE Office of Detention and Removal Operations Directors about factors to consider when adjudicating requests for a Stay of a Final Administrative Order of Removal filed by an alien with a pending petition for U nonimmgrant status (U-Visa).
[pdf] Field Adjudicators Manual: New Classification for Victims of Criminal Activity – Eligibility for “U” Nonimmigrant (+)
USCIS Memorandum to provide guidance to USCIS officers regarding eligibility requirements and procedures under the new nonimmigrant classification created by the Victims of Trafficking and Violence Protection Act of 2000.
[pdf] Fact Sheet: Certifying U Nonimmigrant status (+)
Fact sheet on certifying U nonimmigrant status using the I-918 form and supplement B. An alien victim of criminal activity may file for U Nonimmigrant Status – status set aside for victims of crimes who have suffered substantial mental or physical abuse because of the activity and who also are willing to assist law enforcement agencies or government officials in the investigation of that activity.
[pdf] Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (+)
Policy memorandum authorizing the Vermont Service Center to approve an Application to Extend/Change Nonimmigrant Status (Form I-539) to extend U nonimmigrant status for a derivative family member whose initial period of stay is for less than four years.
[pdf] EEOC Procedures for U Nonimmigrant Classification Certification (+)
Memorandum discussing Equal Employment Opportunity Commission’s procedures for processing requests to certify U visa petitions.
[pdf] Victims of Trafficking and Violence Protection Act of 2000 (VTVPA) Policy (+)
DOJ Memorandum giving instructions providing interim guidance to INS relating to VTVPA. Establishes interim procedures while regulations implementing T and U visa status are being promulgated by INS.
[pdf] Centralization of Interim Relief for U Non-Immigrant Status Application (+)
Memorandum establishing the Vermont Service Center as the centralized location for processing requests for interim relief for applicants for U nonimmigrant status.
[pdf] T Visa and U Visa Adjustment to Lawful Permanent Residency Regulations (December 12, 2008) (+)
The Department of Homeland Security is amending its regulations to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident. This rule provides that family members of a principal T or U nonimmigrant granted or seeking adjustment of status may also apply for adjustment of status to lawful permanent resident. This rule also
provides for adjustment of status or approval of an immigrant petition for certain family members of U applicants who were never admitted to the United States in U nonimmigrant status.
[pdf] Fact Sheet on USCIS’ New Rule for Non-Immigrant Victims of Human Trafficking and Specified Criminal Activity (+)
Congress created the “T” and “U” nonimmigrant classifications with passage of the Victims of Trafficking and Violence Protection Act in October 2000. The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of persons and other crimes while, at the same time, offering protection to victims of such crimes. The legislation also helps law enforcement agencies to better serve immigrant crime victims.
[pdf] Disclosure of Certain Information Relating to Criminal Histories of Petitioners to Potential Visa Beneficiaries (+)
USCIS memorandum to provide itnerim guidance to adjudicators regarding when it may be appropriate to disclose certain information relating to a visa petitioner’s criminal history involving violence or sexual offenses to potential visa beneficiaries.
[pdf] Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa (+)
Fact sheet explaining domestic violence and information of the legal rights in the United States for survivors of domestic violence. Also provide information on the International Marriage Broker Regulation Act (IMBRA), which requires that the U.S. Government provide foreign fiancé(e)s and spouses immigrating to the United States with information about their legal rights as well as about the criminal or domestic violence histories of their U.S. citizen fiancé(e)s and spouses.
[pdf] International Marriage Broker Regulation Act Implementation Guidance (+)
USCIS Inter-office memorandum to provide guidance to USCIS officers in the field regarding the new amendments made by IMBRA to sections 214(d) and 214 (r) of the INA.
[pdf] International Marriage Broker Regulation Act of 2005: Agencies Have Implemented Some, but Not All of the Act’s Requirements (+)
This report addresses the extent to which the U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS); the Department of State (DOS); and the Department of Justice (DOJ) have implemented IMBRA, and the extent to which USCIS and DOS have collected and maintained data for this GAO report as required by IMBRA. To address these objectives, GAO reviewed the act and related legislation, analyzed IMBRA implementation guidance and available data on applications filed, and interviewed officials at USCIS, DOS, and DOJ.
[pdf] International Matchmaking Organizations: A Report to Congress (+)
This report is in response to the Congressional request under Section 652 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) that the Attorney General, in consultation with the Commissioner of the Immigration and Naturalization Service (INS) and the Director of the Violence Against Women Office at the Department of Justice, conduct a study of mail-order marriages. The report includes a review of INS records for quantitative data as to the number of marriages facilitated by international matchmaking businesses as well as evidence of domestic violence or marriage fraud in the petitionable relationships which result between U.S. citizens (USCs) or lawful permanent residents (LPRs) and the foreign-born women recruited by these companies. The report also contains a literature review of related topics.
[pdf] Executive Summary: Blue Campaign Stakeholder Meeting with Senior Counselor Alice Hill (+)
On December 10, 2010, Alice Hill, Senior Counselor to the Secretary of Homeland Security, hosted a meeting with stakeholders in the fight against human trafficking. The meeting was the second stakeholder meeting of the DHS Blue Campaign to combat human trafficking, launched in July of 2010. The Blue Campaign’s mission is “To harness the authorities and resources of the Department of Homeland Security to deter human trafficking by increasing awareness, protecting victims, and contributing to a robust criminal justice response.” The meeting focused on current projects of the Blue Campaign as well as future deliverables. Invitees included representatives from throughout the federal government, state and local law enforcement, non-governmental organizations, foreign governments, the United States Congress, the private sector, and the general public.
[pdf] INS Detention Standard: Non-Medical Emergency Escorted Trips (+)
INS Detention standard operating procedure regarding non-medical emergency escorted trips. The Immigration and Naturalization Service (INS) provides detainees with approved staff escorted trips into the community for the purpose of visiting critically ill members of the detainee’s immediate family, or for attending their funerals.
[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] Immigration Relief for Victims of Human Trafficking and Other Crimes (Continued Presence, T and U Visas) (+)
Information for law enforcement officials on immigration relief for victims of human trafficking and other crimes. This document contains information about the forms of immigration relief and the distinct roles that HSI, USCIS, and law enforcement officials play in assisting victims.
[pdf] Chapter 11: Human Trafficking and the T-Visa (July 10, 2014) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Chapter focuses on human trafficking and addresses the Victims of Trafficking and the Violence Protection Act, T-Visas, Eligibility Requirements, Definition of key terms, and practice pointers.
[pdf] Special Immigrant Juvenile Status: Information for Child Welfare Workers (+)
Information for child welfare workers in regards to the Special Immigrant Juvenile Status (SIJS).
[pdf] Special Immigrant Juvenile Status: Information for Juvenile Courts (+)
General information regarding eligibility, the role of juvenile courts in relation to Special Immigrant Juvenile Status (SIJS), and other helpful tips.
[pdf] Department of Homeland Security Policy Answers to Law Enforcement Reasons for Not Certifying (+)
This document presents a list of many questions frequently asked by government agencies considering U visa certification. For each of the often reported reasons that agencies provide for not certifying the documents lists provides correct information in response to that question based on citations to information from published DHS policies, publications, regulations, regulatory history, statutes, roll call videos and training materials.
[pdf] Chapter 03.1: Introduction to Immigration Relief for Immigrant Victims of Domestic Violence and Sexual Assault and Glossary of Terms (+)
An overview of immigration options for immigrant victims of sexual assault and domestic violence, options related primarily to crime victimization, information on VAWA immigration relief, and a glossary of terms.
To understand immigration law, it is crucial for an attorney or advocate to understand the most commonly used terminology. The following brief descriptions of terms are relevant to assisting battered immigrants.
[pdf] Chapter 02: Ensuring Language Access to Immigrant Victims of Sexual Assault (July 1, 2013) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter provides an overview of federal language access laws that apply to work involving immigrant and Limited English Proficient victims of sexual assault. It includes a discussion of the history and development of federal language access laws, Title VI of the Civil Rights Act, how to research demographics of the LEP community in your jurisdiction, definitions of who are LEP persons, federal enforcement of LEP laws, the importance of using qualified interpreters, an overview of language access plans, steps for determining interpreter qualifications, translation requirements, tips and best practices.
[pdf] Section 809 Eligibility of Crime and Trafficking Victims in the Commonwealth of the Northern Mariana Islands to Adjust Status and Section 810 Disclosure of Information for National Security Purposes (+)
Section 809 of VAWA 2013, defining eligibility of crime and trafficking victims in the commonwealth of the northern Mariana Islands to adjust status and section 810 of VAWA 2013, covering disclosure of information for national security purposes.
[pdf] Statement of Administration Policy: House Rules Committee VAWA Reauthorization 2013 (February 26, 2013) (+)
A statement of administration policy in regards to the Violence Against Women Act of 2013 to the House Rules Committee includes a veto threat, should the House pass a version of VAWA 2013 amendments that roll back any provisions of VAWA that were already in place.
[pdf] Understanding and Participating in State Level Policy Advocacy (+)
This guide is a tool for advocates and attorneys working at the state and national levels on public policy advocacy to secure reforms in laws, policies and practices that improve access to justice, help, and services and to expand legal options for survivors of domestic violence and sexual assault. Describes as step by step approach to working toward policy and law reform with a particular emphasis on building relationships and cross disciplinary collaborations that are essential to securing change now and in the future.
[pdf] VAWA IV Researcher Perspective on Domestic Violence and Sexual Assault (+)
A memo regarding important research based information about how the provisions in HR 4970 roll back and eviserate the 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] U Visa Law Enforcement Certification Resource Guide (+)
Department of Homeland Security resource guide clarifies and explains the role of certifying agencies in the U visa application process. This guide was published by DHS to provide accurate information on signing I-918B 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 proprietorial authority. The guide provides information about what a U visa is, how law enforcement and government agencies have a special role in certification, tips on filling out the form, and contains answers to frequently asked questions.
[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] Model U-Visa Certification Protocol for Law Enforcement Agencies (+)
Sample U Visa Certification Policy for law enforcement agencies developed with funding from BJA and OVW.
[pdf] Keeping the Dream Alive: Immigration Reform, Women and the DREAM Act (+)
A powerpoint presentation from the April 8, 2011 training in Washington, DC at the Women, Money, Power Summit sponsored by Feminist Majority and the YWCA.
[pdf] San Francisco Police Department 11-031: U-Visa Protocol for Assisting Immigrant Victims of Crime (+)
San Francisco U Visa Certification Policy.
[pdf] DHS Broadcast Message on New 384 Class of Admission Code (December 1, 2010) (+)
Broadcast from the Department of Homeland Security to DHS personnel on the creation of the Class of Admission “384” code in the Central Index System, that alerts personnel of an immigrant victim who is protected by VAWA confidentiality protections.
[pdf] Centers for Medicare and Medicaid Services (CMS): Medicaid and CHIP Coverage of “Lawfully Residing” Children and Pregnant Women (2010) (+)
A memo that provides guidance on the implementation of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), Public Law 11-3. Section 214 of CHIPRA permits states to cover certain children and pregnant women in both Medicaid and the Children’s Health Insurance Program (CHIP) who are “lawfully residing in the United States” as described in section 1903(v)(4) and 2107(e)(1)(J) of the Social Security Act.
[pdf] Neufield Waiver Marriage Termination Memo (April 3, 2009) (+)
This memo provides guidance on how to adjudicate a battered spouse waiver petition if the abused spouse and the abusive spouse are legally separated or have initiated divorce or annulment proceedings, but the marriage has not been terminated.
[pdf] Trafficking Victims Protection Reauthorization Act of 2008: Special Immigrant Juvenile Status Provisions (+)
USCIS Memorandum to inform immigration service officers working Special Immigrant Juveniles (SIJ) petitions about new legislation which affects the adjudication of petitions filed for SIJ status.
[pdf] Metropolitan Police Department (Washington, DC) Teletype on U-visas (+)
Washington, D.C. U Visa certification policy.
[pdf] USCIS Publishes New Rule for Nonimmigrant Victims of Human Trafficking and Specified Criminal Activity (December 8, 2008) (+)
Fact sheet on eligibility requirements for “T” and “U” nonimmigrant visas and adjustment of status.
[pdf] Austin Police Department Procedure B301b – U Nonimmigrant Status Certifications (+)
U Visa certification policy implemented by the Austin Police Department, Austin, Texas May 30, 2008.
[pdf] Federal Register: New Classification for Victims of Criminal Activity for Eligibility for ‘‘U’’ Nonimmigrant Status (U Visa Regulations) (September 17, 2007) (+)
Federal Register for new classification for victims of criminal activity for the eligibility for ‘‘U’’ nonimmigrant status. This interim rule amends Department of Homeland Security regulations to establish the requirements and procedures for aliens seeking U nonimmigrant status. The U nonimmigrant classification is available to alien victims of certain criminal activity who assist government officials in investigating or prosecuting such criminal activity.
[pdf] The 2005 Reauthorization of the Violence Against Women Act (+)
Ranking Member John Conyers provides an overview of the history of congressional involvement with the Violence Against Women Act’s (VAWA) provisions to protect immigrant victims of domestic violence and other forms of violence against women. He also outlines the reasoning behind, and purpose of, the most recent enhancements in legal protections for immigrant victims of domestic violence, sexual assault, trafficking, and foreign fiances and spouses that were included in the recently reauthorized VAWA 2005, also describing the bipartisan work that resulted in this newest piece of legislation.
[pdf] Memorandum: Interim Guidance Relating to Officer Procedure Following Enactment of VAWA 2005 (+)
Memorandum from John Torres to Field Office Directors and Special Agents in Charge providing guidance to operational units of U.S. Immigration and Customs Enforcement on the new confidentiality procedures created by VAWA 2005 in cases involving individuals who may be eligible to apply for VAWA benefits or T or U visas.
[pdf] Q&A: Five-Year Bar (2004) (+)
This document contains questions and answers regarding immigrants and the five-year bar. Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) provides that certain immigrants who enter the United States on or after August 22, 1996 are not eligible to receive federally-funded benefits, including Medicaid and the State Children’s Health Insurance Program (SCHIP), for five years from the date they enter the country with a status as a “qualified alien.”
[pdf] Q&A on the Five-Year Bar (+)
This document pertains to the Department of Health and Human Services Centers for Medicare and Medicaid Services’ questions and answers on the five-year bar. Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) provides that certain immigrants who enter the United States on or after August 22, 1996 are not eligible to receive federally-funded benefits, including Medicaid and the State Children’s Health Insurance Program (SCHIP), for five years from the date they enter the country with a status as a “qualified alien.”
[pdf] Yates Memo on Extension of Conditional Residence (December 2, 2003) (+)
Memorandum providing guidance on what documentation may be given to a conditional resident, as evidence of their status, who has received a 1-year extension on their conditional residency pursuant to the Immigration Marriage Fraud Amendments of 1986, but battered spouse waiver case has not yet been adjudicated.
[pdf] Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (June 18, 2002) (+)
A guide for federal financial assistance recipients on Title VI of the Civil Rights Act of 1964 against discrimination of limited English proficient individuals.
[pdf] Offering a Helping Hand: Legal Protections for Battered Immigrant Women: A History of Legislative Responses (March 1, 2002) (+)
This article chronicles the legislative history of immigration protections afforded immigrant crime victims in the Violence Against Women Acts (VAWA) of 1994 and 2000, through the Battered Spouse Waiver, and through VAWA Confidentiality, the history and development of the VAWA self-petition, VAWA cancellation of removal, the battered spouse waiver, any credible evidence standard, VAWA confidentiality, benefits access for battered immigrant VAWA self-petitioners and cancellation/suspension applicants, the U-Visa, victim’s ability to obtain lawful permanent residency in the U.S. and Legal Services Corporation funded legal assistance are discussed in detail. This article collects and publishes information contained in documents developed during advocacy that led to the passage of federal immigration law legislation creating each of these protections.
[pdf] Access to HHS Funded Services for Immigrant Survivors of Domestic Violence Fact Sheet (+)
The Office for Civil Rights created this fact sheet on “Access to HHS funded Services for Immigrant Survivors of Domestic Violence” in an effort to educate domestic violence service providers, immigrant advocates, health and social service providers, benefits agency eligibility workers, and others regarding the complex web of eligibility rules issued by several different Federal agencies, including the U.S. Department of Health and Human Services and the US Department of Justice.
[pdf] Guidance on the Interpretation of “Federal Public Benefits” Under the Welfare Reform Law (June 15, 1999) (+)
This is a memo pertaining to the revisions on the guidance on the interpretation of “Federal Public Benefits” under the Welfare Reform Law. Its purpose is to amend advice given to Low Income Home Energy Assistance Program (LIHEAP) grantees about the definition of “Federal Public Benefits” for non-qualified aliens under the 1996 Welfare Reform Law for Health and Human Services (HHS) programs, as it applies to use of LIHEAP funds for weatherization of multi-unit buildings.
[pdf] USCIS Public Charge Fact Sheet (May 25, 1999) (+)
This fact sheet issued by the U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, clarifies regulations published in the Federal Register on May 26, 1999, regarding “the circumstances under which a non-citizen can receive public benefits without becoming a “public charge” for purposes of admission into the United States, adjustment of status to legal permanent resident, and deportation.”
[pdf] USCIS Q&A on Public Charge (May 25,1999) (+)
This document, released by the U.S. Citizenship and Immigration Services of the U.S. Department of Homeland Security, contains a list of questions and answers regarding the term “public charge” and the regulations that surround it.
[pdf] Field Guidance on Deportability and Inadmissibility on Public Charge (March 26, 1999) (+)
The Department of Justice is publishing a proposed rule in this issue of the Federal Register which proposes to establish clear standards governing a determination that an alien is inadmissible or ineligible to adjust status, or has become deportable, on public charge grounds. Before the proposed rule becomes final, the Immigration and Naturalization Service is publishing its field guidance on public charge issues as an attachment to this notice. This will help alleviate public confusion over the meaning of the term “public charge” in immigration law and its relationship to the receipt of Federal, State, and local public benefits. This field guidance will provide aliens with better guidance as to the types of public benefits that will and will not be considered in public charge determination.
[pdf] Guidance on Standards and Methods for Determining Whether a Substantial Connection Exists Between Battery or Extreme Cruelty and Need for Specific Public Benefits (December 11, 1997) (+)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, provides that certain categories of aliens who have been subjected to battery or extreme cruelty in the United States are “qualified aliens” eligible for certain federal, state, and local public benefits. To be qualified under this provision, an alien must demonstrate, among other things, that there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought. This notice provides guidance to benefit providers regarding substantial connection determinations.
[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) (+)
Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (“PRWORA”) requires the Attorney General, by February 1998, to promulgate regulations requiring verification that an applicant for federal public benefits is a qualified alien eligible to receive federal public benefits under the Act. Amendments to the PRWORA by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 also require the Attorney General, within the same time period, to establish fair and nondiscriminatory procedures for applicants to provide proof of citizenship. Amendments to the PRWORA by the Balanced Budget Act of 1997 require the Attorney General, by November 3, 1997, to issue interim verification guidance that sets forth procedures that benefit providers can use to verify citizenship, qualified alien status, and eligibility under Title IV of the PRWORA prior to issuance of the final regulations. In accordance with this last statutory requirement, the Attorney General, in consultation with federal benefit-granting agencies, has developed this interim guidance.
[pdf] Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); Interpretation of “Federal Means-Tested Public Benefit” (August 21, 1997) (+)
This notice with comment period interprets the term “Federal means-tested public benefit[s]” as used in title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Pub. L. 104-193, to include only mandatory spending programs of the Federal Government in which eligibility for the programs’ benefits, or the amount of such benefits, or both, are determined on the basis of income or resources of the eligibility unit seeking the benefit. At HHS, the benefit program programs that fall within this definition (and are not explicitly excepted from the definition by Section 403(c)) are Medicaid and Temporary Assistance for Needy Families (TANF).
[pdf] Determination of Situations that Demonstrate a Substantial Connection Between Battery or Extreme Cruelty and Need for Specific Public Benefits (July 24, 1997) (+)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, provides that certain categories of aliens who have been subjected to battery or extreme cruelty in the United States are “qualified aliens” eligible for certain federal, state, and local public benefits. To be qualified under this provision, an alien must demonstrate, among other things, that there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought.The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, provides that certain categories of aliens who have been subjected to battery or extreme cruelty in the United States are “qualified aliens” eligible for certain federal, state, and local public benefits. To be qualified under this provision, an alien must demonstrate, among other things, that there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought. Through this notice, the Attorney General declares what circumstances demonstrate such a substantial connection.
[pdf] Supplemental Guidance on Battered Alien Self-Petitioning Process and Related Issues (+)
Memorandum moving VAWA self-petitioning adjudications to a centralized unit the “VAWA Unit” at the Vermont Service Center. This memo moved VAWA self-petitioning adjudications from INS field offices and regional service centers across the country to the VAWA Unit for adjudication VAWA self-petitioning applications filed by abused immigrant spouses and children who had suffered battery or extreme cruelty perpetrated by their U.S. Citizens and lawful permanent resident spouses and parents.
[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.
[pdf] VAWA Self-Petitioning Regulations – Interim Rule (March 26, 1996) (+)
Federal Register: Petition to Classify Alien a s Immediate Relative of a United States Citizen or as a Preference Immigrant; Self-Petitioning for Certain Battered or Abused Spouses and Children. This interim rule amends the Immigration and Naturalization Service (“the Service”) regulations to allow a spouse or child to seek immigrant classification if he or she has been battered by, or subjected to extreme cruelty committed by, the citizen or lawful permanent resident spouse or parent. It also permits a spouse to seek classification if his or her child has been battered by, or subjected to extreme cruelty committed by, the citizen or lawful permanent resident spouse. A
qualified spouse or child who is living in the United States but is not a permanent resident may use the procedures established by this rule to self-petition for immigrant classification.