Resources
Publication Date
07/19/2018
This practice advisory addresses the impact of drug trafficking on unaccompanied minor (UC) cases by looking at overall drug trafficking patterns within UC cases, identifying the substantive and procedural issues that may arise when UC with drug trafficking histories pursue immigration relief, and drawing parallels to other bodies of law to provide practitioners with recommendations for use in the immigration context. This advisory discusses how children impacted by drug trafficking issues are able or unable to access legal relief and the challenges they face before DHS and immigration courts. It aims to provide practitioners with strategies to most effectively overcome these challenges in defending youth who have been involved in drug trafficking against deportation and to obtain immigration legal relief on their behalf.
Resources
Publication Date
06/07/2018
Over 300,000 people currently benefit from Temporary Protected Status (TPS) and many have been protected by it for nearly 20 years. However, the current administration is terminating the program for certain countries and is reviewing the designation of several others. This practice advisory describes what TPS recipients and their advocates can do now to understand their legal options. It will review the most common forms of relief, with a particular focus on family-based immigration and how recent federal court cases allow some TPS recipients in the 6th (Flores) and 9th (Ramirez) circuits to adjust status in the United States.
Resources
Publication Date
03/02/2018
In a time of increased immigration enforcement, advocates must consider all possible forms of relief for clients facing deportation. U nonimmigrant status (also frequently referred to as a “U visa”) is commonly pursued as an affirmative immigration benefit for undocumented individuals, but it may also be a particularly important form of removal defense for certain lawful permanent residents (LPRs) facing deportation, likely on the basis of criminal convictions. This Practice Advisory provides an introduction to U nonimmigrant status and details its benefits for LPRs facing deportation, as well as the particular issues LPRs may face in seeking this form of protection.
Resources
Publication Date
08/10/2017
This practice advisory outlines some suggestions and resources for immigration advocates working with law enforcement agencies to obtain law enforcement certification for U Visa applicants. It also includes a summary of all state laws, as of July 2017, that have either passed or are pending regarding U Visa certification policies and protocols.
Resources
Publication Date
07/05/2017
This reference chart provides a quick comparison between the most common forms of relief for immigrant survivors of abuse: VAWA, U visas, T visas, Special Immigrant Juvenile Status, and Asylum.
Resources
Publication Date
05/09/2017
This practice advisory is designed to introduce legal workers to the T visa. It outlines T visa eligibility requirements, discusses the advantages of applying for T visas over other forms of humanitarian immigration relief, and analyzes how President Trump's recent executive orders impact T visa applicants.
Resources
Publication Date
11/29/2016
This Question and Answer (Q&A) addresses potential changes in a Trump administration, written for domestic violence and sexual assault advocates and attorneys who are serving immigrant survivors of gender-based violence. This information may change as we learn more about the plans of the incoming administration. This document was written by Americans for Immigrant Justice, Asian Pacific Institute on Gender-Based Violence, ASISTA Immigration Assistance, Casa de Esperanza, Center for Gender & Refugee Studies, Freedom Network USA, Immigrant Legal Resource Center, Immigration Center for Women and Children, Dale E. Fowler School of Law at Chapman University, Minnesota Coalition for Battered Women, National Immigrant Justice Center, Tahirih Justice Center, and We Belong Together.
Resources
Publication Date
11/23/2016
This advisory contains general information shared by USCIS staff during multiple stakeholder events in 2016. It is authored by ASISTA, ICWC, ILRC, AILA, Just Neighbors Ministry, and Sanctuary for Families.
Resources
Publication Date
02/03/2016
SB 674 is a new California law that took effect on January 1, 2016. The goal of this law is to ensure that all immigrant crime victims in California have equal access to immigration status through the U visa.
Resources
Publication Date
03/19/2014
Immigration Center for Women and Children (ICWC) administers a database of information sourced from more than 700 advocates nationwide with helpful information about law enforcement agencies who certify victim helpfulness for U cases and consulates abroad who issue U visas. The database includes information on who the U certifying officers are and where to send the requests, as well as the most updated policies and practices, nationwide. The goal is to update information on every state and federal agency, whether they do or don’t sign certifications. The database also includes information about consulates’ and embassies’ practices in processing U visa cases. These are both critical resources to any organization or office with a U visa caseload.For more information on these and other U-related databases that ICWC administers, go to http://icwclaw.org/services-available/icwc-u-travel-and-certifier-database/. If you’re new to using Zoho databases (the platform for ICWC’s databases), watch the helpful video below.
Resources
Publication Date
05/25/2012
These notes were taken at the May 18-19, 2012 conference and contain lots of important practice questions, updates and filing tips for U visa cases.
Resources
Publication Date
05/15/2012
This page from DOS provides information on how to apply for a U nonimmigrant visa, the required documents and fees, visa ineligibility and more.https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/visas-for-victims-of-criminal-activity.html
Resources
Publication Date
05/15/2012
This Q&A fact sheet from USCIS provides information on making the appointment and preparing for the interview for U nonimmigrants who need to consular process.
Resources
Publication Date
05/02/2012
On September 6, 2011, USCIS issued a policy memorandum on adjudications of VAWA self-petitions for applicants who are over 21 but under 25 years of age.
Resources
Publication Date
05/02/2012
On August 30, 2011, USCIS issued a policy memorandum on eligibility to self-petition as a battered or abused parent of a U.S. citizen.
Resources
Publication Date
05/01/2012
This 77-page guide contains checklists, step-by-step help and sample materials for detained pro so applicants (those without lawyers) who are representing themselves in filing a U visa application. It was produced by the Immigrants’ Rights Clinic of Stanford Law School on behalf of Centro Legal de la Raza in Oakland, California.
Resources
Publication Date
06/13/2011
June 22, 2010 USCIS Policy Memorandum: Extension of U Nonimmigrant Status for Derivative Family Members Using the Application to Extend/Change Nonimmigrant Status (Form I-539); Revisions to Adjudicator’s Field Manual (AFM), New Chapter 39.1(g)(2)(i) (AFM Update AD10-08)
Resources
Publication Date
06/13/2011
December 15, 2010 USCIS Policy Memorandum: Revocation of VAWA-Based Self-Petitions (Forms I-360); AFM Update AD10-49
Resources
Publication Date
06/13/2011
April 19, 2011 USCIS Policy Memorandum: Extension of Status for T and U Nonimmigrants; Revisions to Adjudicator’s Field Manual (AFM) Chapter 39.1(g)(3) and Chapter 39.2(g)(3) (AFM Update AD11-28)
Resources
Publication Date
06/13/2011
What are U Visas? U Nonimmigrant Visas were created by the Victims of Trafficking and Violence Prevention Act of 2000. Victims of qualifying criminal activities who have suffered substantial physical or mental abuse may apply for a U Visa if they are willing to assist law enforcement or other government officials in the investigation or prosecution of those crimes.
Resources
Publication Date
11/19/2010
This guide is designed to walk you through the document-gathering requirements under the 1994 Violence Against Women Act (VAWA) and its more recent revisions and updates. Though not a comprehensive explanation of the law or its requirements, it is instead a user-friendly resource to gathering the necesary documents for a VAWA self-petition.
Resources
Drug offenses cause the harshest, most disproportionate immigration penalties of any offense. Criminal defenders and immigration advocates need information to work aggressively to defend immigrant clients. This advisory provides strategies to avoid a drug conviction, including how and when to use Penal Code § 372.5 (2023), along with practice tips, resources, and arguments to support negotiating for an immigration neutral plea or disposition in criminal court.
Resources
This practice advisory reviews the updates and changes made by USCIS in 2022 to VAWA policy and process related to self-petitioners, and includes related practice tips.