*NIWAP New Study Provides Evidence-Based Support for New DHS Policies

Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status

By: Leslye E. Orloff, Haley Iesha Magwood, Yasmin Campos-Mendez, and Giselle A. Hass (April 21, 2021)

Executive Summary

Abstract, Conclusions, Recommendations

Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status 

Full research report from national survey in which 169 agencies working with over 11,000 immigrant survivors of domestic violence, child abuse, sexual assault, human trafficking and other criminal activities reported on how as survivors move through the immigration case process of filing for VAWA and U visa immigration relief, the lives of immigrant survivors and their children transform. This survey documents that after receipt of work authorization and formal protection from deportation through deferred action, the lives of immigrant victims and children improve exponentially. This research documents survivors’ resilience, and the stability and strength they are able to achieve when the fear of deportation subsides, victims can access better and more stable jobs, and have access to a wide range of victims services and public benefits. 

American University, Washington College of Law Announcement

New DHS U Visa Bona Fide Policy Provides Earlier Access Deferred Action and Work Authorization To Applicants

On June 14, 2021 The Secretary of Homeland Security, Alejandro Mayorkas announced a new policy for making bona fide determinations in U visa cases that will result in immigrant victims who are U visa applicants receive much earlier access to work authorization and deferred action which offers important protections from deportation to immigrant U visa applicant survivors.

The announcement is published here

Bona Fide Determination Process for Victims of Qualifying Crimes, and Employment Authorization and Deferred Action for Certain Petitioners (June 14, 2021) 

USCIS Policy Manual Chapter 5 – Bona Fide Determination Process USCIS (June 14, 2021)

USCIS Press Release: USCIS Issues Policy Providing Further Protections for Victims of Crime (June 14, 2021)

Materials cited in the U Visa Bona Fide Determination Policy Alert and Policy Manual Chapter

Appendix – Bona Fide Determination Process and Administrative Procedure Act Considerations (June 14, 2021)

Appendix-USCIS Bona Fide Determination Process Flowchart (June 14, 2021)

USCIS Policy Manual Chapter 6 — U Visa Waiting List (June 14, 2021)

Immigration and Customs Enforcement (ICE) Stay of Removal Web Page Revision of Stay or Removal Request Reviews for U Visa Petitioners (August 2, 2019)

ICE Directive 11005.2 – Stays of Removal Requests and Removal Proceedings Involving U Visa Petitioners (August 2, 2019)

Training Materials for Attorneys

ASSISTA Policy Alert: Bona Fide Employment Authorization for U Visa Petitioners