“Immigrant Victim and Witnesses: U-Visas, T-Visa, VAWA Self-Petitions — Ethics, Timing, Discovery, and Confidentiality”
August 3, 2019
This workshop was held as part of the Virginia Commonwealth’s Attorneys Annual Conference in Virginia Beach on August 3, 2019.
If you are a victim advocate, attorney, judge, or other professional working with an immigrant victim and you would like to receive case specific technical assistance on family law issues that arise in cases of immigrant crime victims, please call NIWAP for technical assistance. (202) 274-4457 or email us at info@niwap.org.
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Technical Assistance Flyer:
NIWAP’s Technical Assistance Flyer describes the technical assistance and training offered to support advocates, attorneys, judges, police, prosecutors, and other professionals in their work with immigrant women, children, and crime victims.
Training Materials
- “Immigration Consequences for Defendants” PowerPoint Presentation
- “Immigrant Victim and Witnesses: U-Visas, T-Visas, VAWA Self-Petitions — Ethics, Timing, Discovery, and Confidentiality” PowerPoint Presentation
Know Your Rights information
- DHS Interactive Infographic on Protections for Immigrant Victims
- DHS Brochure: Immigration Options for Victims of Crime
- Multilingual Materials for Victims and Advocates
- Pathways to Immigration Relief for Students
- 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
- Immigration Relief for Abused Children
Forms of Immigration Relief
- Bench Card: Overview of Types of Immigration Status
- Family Court Bench Card on Immigration Rights of Battered Spouses, Children and Immigrant Crime Victims
- Blue Card: Screening for Victims Who Qualify for Immigration Protective Relief (Squad Car Screening Tool)
- Prosecutorial Discretion: Certain Victim, Witnesses and Plaintiffs
U and T Visas
- DHS: U and T Visa Law Enforcement Resource Guide
- U-Visa Toolkit for Law Enforcement Agencies and Prosecutors
- International Association of Chiefs of Police 2018 Resolution on Education and Awareness of U and T Visa Certifications
- Model Policy for Interactions with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations
- Discussion Paper for Model Policy for Working with Immigrant Victims of Crime and Human Trafficking & Signing of U Visa Certifications and T Visa Declarations
- USCIS U Visa Certification Factsheet Q&A
- Blue Campaign: What You Can Do- Recognizing and Supporting Trafficking Victims in the Courtroom
- U-Visa Flow Chart
- DHS Policy Answers to Law Enforcement Reasons for Not Certifying
- U Visa News Articles
- U-Visa Checklist: “Helpfulness”
- Glossary of Terms
- U Visa Certifications: Range of Potential Certifiers
- U-Visa Legal Advocacy: Overview of Effective Policies and Practices
- Press Release on the U Visa – Template
- U Visa Resource List
- U Visa Certification Tool Kit for Federal, State, and Local Judges, Commissioners, Magistrates, and Other Judicial Officers (2017)
- Sample Questions for Identifying a Trafficked/Enslaved Person
- Promoting Access to Justice for Immigrant Crime Victims and Children: Findings of a National Judicial Survey and Recommendations
- 2017 New U and T Visa Application and Certification Forms (January and February 2017)
- U Visa Timeline with Background Checks
- Tip Sheet for Courts Developing U Visa Certification Protocols
- T Visa Timeline with Background Checks
Forms
- DHS: Instructions for Form I-914, Supplement B
- DHS: Form I-914, Supplement B for T visa Endorsement
- DHS: Form I-918, Supplement B, for U visa Certification
- DHS: Instructions for Form I-918, Supplement B, for U visa Certification
U Visa as a Crime-Fighting Tool
- State U Visa Certification Laws
- COPS Dispatch Article: The U visa: An important tool for Community Policing
- How Law Enforcement Is Using the U-Visa Practice Brief
- The Importance of the U-visa as a Crime-Fighting Tool for Law Enforcement Officials – Views from Around the Country
- Overcoming Fear and Building Trust With Immigrant Communities and Crime Victims (Police Chief Magazine April 2018)
- Protecting Our Communities and Officer Safety
Prosecutor’s Tools Enhancing Work With Immigrant Crime Victims
- What’s Immigration Status Got to Do with It? Prosecution Strategies for Cases Involving Undocumented Victims
- VAWA Confidentiality and Criminal Cases: How Prosecutors Should Respond to Discovery Attempts for Protected Information
- Certifying Early: When Should You Sign a U or T Visa Certification for a Victim?
- Quick Reference Guide for Prosecutors: U Visa and VAWA Confidentiality Related Case Law
- Family Court Bench Card on VAWA Confidentiality
- VAWA Confidentiality Statutes, Legislative History and Implementing Policy (2.23.17)
- Three Prongs of VAWA Confidentiality
- Chapter 3 of Empowering Survivors: VAWA Confidentiality, History, Purpose, DHS Implementation, and Violations of VAWA Confidentiality Protections
- Utilizing VAWA Confidentiality Protections in Family Court Proceedings**
- VAWA Self-Petitioning Timeline with Background Checks
- Quick Reference Guide for Judges: VAWA Confidentiality and Discovery Related Case Law
- VAWA Confidentiality Protections, Courthouse Enforcement, and Sensitive Locations Policies at a Glance
- Quick reference: VAWA Confidentiality Protections – Quoting Statutes Regulations and Department of Homeland Security Policies
Screening Tools and Collaboration
- Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the US and Facts about Immigrating on a Marriage-based Visa
- Brochure: Continued Presence & Temporary Immigration Status for Victims of Human Trafficking
- Immigrant and LEP Victims’ Access to the Criminal Justice System
- U Visa Legal Advocacy: Overview of Effective Policies and Practices
- Building Trusting Relationships: A Guide for Advocates/Attorneys Working with Law Enforcement (LE) on U-Visa Certification Issues (Flow Chart)
- Comparison Chart of U visa, T Visa, Violence Against Women Act (VAWA) Self-Petition, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA)
VAWA Self-Petition
- VAWA Self-Petitioning Flow Chart for Child Applicants
- Flowchart: VAWA Self-Petitioning Eligibility for Elder Abuse Survivors
- Flowchart: VAWA Self-Petitioning Eligibility for Adults
- Battering or Extreme Cruelty: Drawing Examples from Civil Protection Order and Family Law Cases
- VAWA Self-Petitioning Introduction and Flow Charts
Public Benefits
- State by State Demographics
- State by State Public Benefits Charts
- Interactive State Benefits Map
- Guide to the Public Benefits Map
- Privacy Protections for Immigrants Applying for Public Benefits
- Anti-Discrimination Provisions That Apply to Programs Receiving Federal Funding Services Victims of Violence Against Women Crimes
- Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status
Language Access
- Code of Conduct for Court Interpreters- Washington State Interpreters Program
- Questions to Use for Crime Scene Identification of LEP
- Dos and Don’ts to Help Identify LEP Persons
- Language Identification Card
- Laws Governing Law Enforcement Agency Provision of Language Assistance to LEP Persons
- Important Tips to Remember When Using an Interpreter
- NAJIT Code of Ethics and Professional Responsibilities
- U.S. Department of Justice Sample Limited English Proficiency Guidelines from Office of Justice Programs “Center City Police Department”
- Steps for Obtaining Interpreters
- Tips for Working Effectively with Telephone Interpreters
- Are you Compliant with Title VI Self-Assessment Tool
- Why Using an Interpreter is Beneficial to Law Enforcement
- DOJ Letter to State Chief Justices and State Court Administrators on Access for Limited English Proficient Persons to State Court Proceedings
- Judicial Bench Card for Court Interpretation
- Serving Limited English Proficient Immigrant Victims**
**If you have difficulty accessing this publication please contact for assistance NIWAP at (202) 274-4457 or info@niwap.org