VAWA Resources
All documents are in Microsoft Word or Adobe Acrobat.
VAWA 2005 Reauthorization
12/17/2005. Congress has passed the Violence Against Women Reauthorization Act of 2005 (VAWA 2005). The president is expected to sign the legislation soon. The VAWA provisions are contained in the Department of Justice Appropriations Authorization Act for Fiscal Years 2006-2009 (H.R. 3402). The final version of VAWA 2005 contains the controversial "Kyl Amendment" authorizing any federal government agency to collect DNA samples from people who are arrested or detained under federal authority in order for those DNA profiles to be included in the federal (CODIS) DNA database. The Kyl amendment was included as part of the final legislation, despite strong opposition by the National Task Force to End Domestic Violence and Sexual Violence, the National Network to End Violence Against Immigrant Women, National Immigration Project of the National Lawyers Guild, privacy groups, immigration groups and practitioners, and members of the American Immigration Lawyers Association. Advocates were, however, able to defeat the proposed "King Amendment" that would have prohibited any person convicted of domestic violence, sexual assault, stalking, trafficking, elder abuse, or dating violence from sponsoring a visa applicant in the future, without regard to the complex issues this would pose for immigrant survivors of domestic violence.
Analysis of VAWA 2005 Immigration Provisions, courtesy of Joanne Lin, Legal Momentum, organizational co-chair of the National Network to End Violence Against Immigrant Women.
The Rights of Immigrant Survivors
An essential tool kit for practitioners who are new to VAWA issues.
Contains 11 documents which outline immigration and criminal system basics, an
introduction to the VAWA laws, and basic legal strategies and procedures.
Advanced VAWA
Issues - Including Cases in Removal Proceedings
Includes four documents on general/miscellaneous
issues and three documents focusing on legal strategies for cases in removal
proceedings.
U Visa Documents
Includes legal summaries (2 docs) and government policy memos on U Visas (3 docs)
VAWA Regulations (Government Documents)
Contains 16 documents (1996-Present) issued by high
ranking DHS/INS officials which clarify federal legislation and summarize
internal polices concerning immigrant survivors and their children. Includes
updates on self-petitioning guidelines, public benefits access, deferred action,
and non-disclosure obligations under IIRIRA (among other issues).
Amicus Briefs and
BIA Decisions on VAWA Issues
Includes pre-regulation amicus briefs that outline
the history and purpose of the VAWA laws (3 docs), early (pre 2000) BIA
decisions on extreme hardship, exceptional circumstances and VAWA/due process (3
docs), briefs and BIA decisions on credibility (3 docs) and briefs and board
decisions on extreme cruelty (3 docs).
Trafficking
Documents
Includes 2 overview documents (one by Gail and one
issued by
the National Network to End Violence Against Immigrant Women) and 8 policy memos
and updates issued by government agencies.
Sample Documents
Includes two sample documents used in correspondence
with INS/DHS officials for VAWA processing issues and a sample packet outlining
a successful humanitarian parole case.
The Rights of Immigrant Survivors
VAWA 2000. An excerpt from the Victims of Trafficking and Violence Prevention Act which outlines the most current language on VAWA (also including U Visas). Please note that a revised version of the VAWA law is expected to be adopted by Congress in 2005.
Immigration Basics
A
helpful orientation document for beginners. Includes a review of basic
immigration legal terms, basic tips on how to safeguard immigrant clients in
their dealings with government agencies, and a review of different kinds of
legal status (and options for adjusting status).
Criminal Justice Basics An introduction to basic terminology for
people who are unfamiliar with structure and process of the criminal justice
system.
Barriers and Basics on Battered Noncitizens a 16 page review of tips for working with immigrant survivors, barriers that keep survivors from asserting their rights, and how to navigate your VAWA case through the immigration system.
Barriers Faced by Immigrants Accessing the Criminal Justice System and Resources
Applications for Immigration Status Under the Violence Against Women Act (VAWA) A general summary of immigrant survivor legal options under VAWA as of 2001 (23pp). The information in this article is still current.
Relief for Domestic Violence Survivors and for Victims
of Crimes: Update on VAWA 2000, Trafficking, and U Visas June 2002. A general summary of immigrant survivor legal options under VAWA
as of 2002 (21 pp). The information in this article is still current.
How An Abuser’s Loss of Status, Removal, Or Death Affects Spousal
Self-petitions Under VAWA. January 2005
1996 Illegal Immigration Reform and Immigrant Responsibility Act: Analysis
of
Section 384 (provisions relevant to immigrant
survivors of domestic violence and other crimes)
Questions for Q & A Panels with the DHS,
December 2003
VAWA Guidance September 2000
Domestic Violence Expert Affidavit Guidelines
Bilingual VAWA intake interview guide
Advanced VAWA Issues - Including Cases in Removal
Proceedings
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General & Misc. Issues
Analysis of immigration fixes in VAWA 2000
Obtaining
Legal Permanent Residence for Derivatives
VAWA Unlawful Presence Argument
Immigration Consequences of Criminal Conduct for Immigrant Survivors of
Domestic Violence
by Ann Benson, Directing Attorney of
the Washington Defender Association's Immigration Project
Cases in Removal Proceedings
Board of Immigration Appeals Synopses
VAWA Cancellation of Removal Procedure
Summary Documents
U Visa Frequently Asked Questions Sheet. November 2003.
Questions for Q & A Panels with the
DHS (includes U Visa questions). January 2004.
Policy Memos
U Visa: Deferred Action Memo. May, 2004. Allows the Vermont Service Center to assess deferred action requests for U Visa eligible nonimmigrants in removal proceedings.
Guidance on U Interim Relief and accompanying Memorandum. October 2003.
U Visa Memo (also includes interim relief information for T visas). August 2001
Instructions for Completing U Certification Form
VAWA Regulations (Government
Documents)
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Field Guidance on Special Immigrant Juvenile Status Provisions May 27, 2004 issued by U.S. Citizenship and Immigration Services.
Prima Facie Extension Memo April, 2004. Confers "qualified immigrant" status (public benefit eligibility) on immigrant survivors of gender violence and their children.
Memo on Naturalization for Self-Petitioners. October 2002
Memo on Eligibility to Self Petition Due to Bigamy August 2002
Memo on Authority to Revoke VAWA Self-Petitions August 2002
Memo: A Period of Stay (for Battered Immigrants) Authorized by Deferred Action is NOT Unlawful Presence
June 2002
Memo on Eligibility to Petition Within Two Years
of Divorce
January 2002
Information on INS(DHS) Telephone Information Line for Battered Immigrants August 2000
Memo on Deferred Action
for Self Petitioning Battered Spouses (2) September
2000
Memo on Deferred Action for Self Petitioning
Battered Spouses (1) December 1998
Memo on Extreme Hardship and Documentary (Credible Evidence) Requirements Involving Battered Spouses and Children October 1998
How to Obtain an I-360 Form for Self Petitioning Battered Spouses and Children April 1997
Supplemental Guidance on Battered Alien Self-Petitioning Process and Other Issues May 1997
INS 384 Memo May 1997 (outlining non disclosure guidelines and other obligations to protect battered immigrants as stipulated under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act)
Memo: Summary of Self
Petitioning Guidelines under VAWA April 1996
VAWA Regulations for Immigrant
Survivors of Domestic Violence (Federal Register Vol 61, No. 59, March 26, 1996)
Amicus Briefs and
BIA Decisions
Back to Top
History and Purpose of VAWA (pre-regulation
Amicus Briefs)
Amicus Brief on Pre-Regulation VAWA Issues (Immigration Law focus) November 1995
Amicus Brief on Pre-Regulation VAWA Issues (Credibility focus) For the same case as the brief above. November 1995
Amicus Brief on Pre-Regulation VAWA Issues (Domestic Violence focus) September 1997
Immigration Judge Decision for the above Amicus Brief, November 1996
Amicus Brief (various pre-regulation issues)
1999
BIA Decisions (various early issues)
BIA Decision on Extreme Hardship. November 1999
BIA Decision on Exceptional Circumstances September 1996
BIA Decision on VAWA/Due Process Issues. June 1996
Credibility & Marriage Briefs and Board Decisions
BIA Decision on Credibility July 2003
BIA
Decision on Credibility
April 2002
Amicus Brief on Credibility June 2001
Good Faith Marriage Amicus to VSC
Extreme Cruelty Briefs and Board Decisions
Laura Hernandez Amicus Brief to 9th Circuit Court (extreme cruelty to spouse). 2002.
BIA Decision on Extreme Cruelty (to Children) November 2001
Amicus Brief on Extreme Cruelty (for above BIA decision) November 2001
Trafficking Documents
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Summaries
Relief for Trafficking Victims by Gail Pendleton. An overview of trafficking, relevant legal issues, and adjustment options for victims of trafficking.
Comments on the Trafficking Act by the National Network to
End Violence Against Immigrant Women
Policy Memos
Trafficking Reauthorization Memo
April 15, 2004. from the Vermont Service Center, clarifying adjudication
issues for T-visa eligible noncitizen victims of trafficking.
Victims of Trafficking and Violence Protection Act of 2000 (VTFPA) Trafficking Provisions (Sections 103: Definitions and 107: Protection and assistance for victims of trafficking)
Federal Register - Eligibility for ‘‘T’’ Nonimmigrant Status; Final Rule, January, 2002
Memo: Deferred Action for Aliens with Bona Fide Applications for T Nonimmigrant Status May 2002.
Office of Refugee Resettlement MEMO 1: Clay-Thompson, The Trafficking Victims Protection Act of 2000, State Letter SL01-13 (May 3, 2001) Also accessible at www.acf.dhhs.gov/programs/orr/policy/sl01-13.htm
Office of Refugee Resettlement MEMO 2: Hanh, The Trafficking Victims Protection Act of 2000 - Removal of Expiration Dates from Certification Letters for Adults and Eligibility Letters for Children, State Letter #02-01 (Jan 4, 2002). Also accessible at www.acf.dhhs.gov/programs/orr/policy/sl02-01.htm
Benefits for Victims of Trafficking under The Trafficking Victims Protection Act of 2000 Office of Refugee Resettlement State Letter SL01-13. Also accessible at www.acf.dhhs.gov/programs/orr/policy/sl01-13.faq.htm
Public Benefits for T Visa Eligible Noncitizens April 2001.
Deferred Action Grant and Affidavit of Need for Employment
Letter to INS Hold AOS interview in Abeyance
Adjustment--Replace I-130 with I-160
Sample Humanitarian Parole Packet
This 21 page e-packet contains a series of redacted
documents which outline the steps taken to secure a humanitarian parole
request for the Mexican national son of a noncitizen survivor of domestic
violence (whose husband was an LPR), allowing the son to travel to the U.S.
to visit with his mother (who was granted temporary relief under VAWA).
The case also involves a child custody dispute involving the kidnapping of
the son's half-sister. The documents (dating from 1998-2000) include sample
humanitarian parole applications, the original request for parole, the
original denial by the INS, request for reconsideration, and final granting
of humanitarian parole by the INS in 2000.