As a national expert, the Immigrant Legal Resource Center (ILRC) provides technical assistance, trainings and practice manuals on critical immigration options for vulnerable immigrants including immigrant victims of domestic violence, human trafficking and other crimes.
U Visa: Immigration Relief for Survivors of Domestic Violence and Other Crimes
Immigrant victims of certain crimes who have been helpful in a criminal investigation or prosecution may qualify for a visa that can lead to a green card. The ILRC’s practice manual entitled The U Visa: Obtaining Status for Immigrant Victims of Crime is a comprehensive explanation of the law and application process that also includes sample materials and practice tips.
VAWA: Immigration Relief for Survivors of Domestic Violence and Other Crimes
VAWA allows an abused spouse or child of a U.S. Citizen or Lawful Permanent Resident or an abused parent of a U.S. Citizen to self-petition for lawful status in the United States, receive employment authorization, and access public benefits. VAWA provides domestic violence survivors with the means that are essential to escaping violence and establishing safe, independent lives. ILRC has co-authored The VAWA Manual, a step-by-step guide to assist advocates working on VAWA cases.
T Visa: Immigration Relief for Survivors of Sex or Labor Trafficking
Human trafficking survivors may be eligible for lawful status, employment authorization, and a potential path to permanent residency, but they are a unique population with diverse and resource-intensive needs. The ILRC publishes a guide, Representing Survivors of Human Trafficking, on special considerations when working with human trafficking victims.Â
Use of the Term “Victim” vs. “Survivor”
Please note that the ILRC often uses the terms “victim” and “survivor” interchangeably. Because a “victim” is typically defined by harm done to them, many advocates choose to instead use the word “survivor” to refer to clients. “Survivors” are defined by their lives after the harm, allowing them to reclaim control of their lives and their recovery. While our goal as advocates is to help community members survive and thrive despite harms they have suffered, we sometimes use the term “victim” when referring to a particular aspect of the criminal legal system, penal code, or immigration law; when describing someone recently affected by crime; when talking about the actions of a perpetrator; or when discussing the harm inflicted on those who did not survive. When working with impacted community members, we recommend asking people which term they prefer, as some may identify with the term victim, while others may prefer the term survivor. Â
Latest Resources
Public Comments / Sign-on Letters
Resources
Publication Date
03/22/2023
On March 22, 2023, the ILRC sent a letter to USCIS acknowledging the implementation of biometrics flexibilities for domestic benefits applicants who live in remote areas. The ILRC commended the agency on its provision of flexibilities to ensure that all domestic applicants could continue with their benefits applications regardless of physical location in the United States. The ILRC further urged USCIS to expand these flexibilities to applicants abroad and highlighted the negative effects that consulate closures abroad have had on U and T visa applicants attempting to complete their biometrics abroad.
Practice Advisory
Resources
Publication Date
03/10/2023
U.S. Citizenship and Immigration Services (USCIS) policy guidance provides important information on how USCIS interprets these requirements and approaches T Visa adjudications. On October 20, 2021, USCIS added comprehensive policy guidance on T Visas to its Policy Manual. This practice advisory explores how these updates interpret the definition of a “severe form of trafficking in persons,” a key eligibility requirement for the T Visa.
Public Comments / Sign-on Letters
Resources
Publication Date
03/08/2023
On March 8, ILRC provided comments on the USCIS proposed fee rule. In the comment, ILRC commended agency actions codifying fee exemptions. Additionally, ILRC requested that USCIS codify fee waiver eligibility standards and raise the income threshold for fee waivers. We also requested that fee increases be reduced for applications for lawful permanent residence, work authorization and family petitions, among others. Finally, the comment provides requested changes to various USCIS forms that are open for comment in conjunction with the proposed fee rule.
FAQs & Explainers
Resources
Publication Date
03/01/2023
In August 2021, U.S. Immigration and Customs Enforcement (ICE) announced a new “victim-centered approach” for immigration enforcement. This FAQ outlines what this means, what the directive is expected to do, and who qualifies for this new enforcement approach.
FAQs & Explainers
Resources
Publication Date
12/15/2022
The Violence Against Women Act (VAWA) has created opportunities for individuals to get protection from deportation, among other benefits, if they have suffered abuse from a spouse or certain family members. This brief overview walks through the immigration eligibility and benefits involved with VAWA.
Practice Advisory
Resources
Publication Date
12/13/2022
This advisory contains general information shared by USCIS staff during the September 2022 stakeholder event. It contains notes compiled by the American Immigration Lawyers Association (AILA) VAWA, U, and T National Committee and reflects USCIS responses to questions posed by the committee and partners.
Practice Advisory
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.
Practice Advisory
Resources
Publication Date
11/02/2022
Survivors of human trafficking and of domestic or sexual violence often are charged and convicted of offenses that arose as a direct result of their exploitation. For noncitizens, the criminal record can cause deportation or destroy their eligibility for humanitarian visas. In the last five years, California has enacted multiple laws to avoid this injustice in criminal court, including a defense to a criminal charge and a vehicle to vacate a past conviction for survivors who were coerced to commit the offense, or in other cases mitigation of sentence. This advisory describes the new criminal laws and their immigration effect, so that criminal defenders and immigration and survivor advocates are aware of these options.
Practice Advisory
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.
Practice Advisory
Resources
Publication Date
09/13/2022
Because survivors of domestic violence, sexual assault, and other crimes are among the most vulnerable populations in the immigration legal system, numerous laws and policies have been enacted to protect the confidentiality of their information and restrict the disclosure of that information. One source of important protections is codified at 8 U.S.C. § 1367 (Section 1367), which restricts identification of survivors with humanitarian relief claims and disclosure of their information.[1] This practice advisory discusses the ways in which federal law has been designed and implemented to protect information concerning abused immigrants, the policy laid out by U.S. Department of Homeland Security (DHS) agencies, and what advocates can do when the protection provisions are violated.
Practice Advisory
Resources
Publication Date
06/23/2022
This advisory provides an overview of ICE’s new “victim-centered” approach to immigration enforcement based on an August 2021 directive, including who qualifies as a victim and which ICE actions are covered. As part of this new approach, ICE officers and agents are instructed to look out for and in various circumstances exercise prosecutorial discretion in favor of noncitizen survivors of crime as part of their decisions to arrest, detain, release, and refer noncitizens.
Related Products
Webinar
Webinar
Cancellation of removal under the Violence Against Women Act (“VAWA”) is a generous though often overlooked form of relief for abused noncitizens faced with removal proceedings. VAWA cancellation often benefits abused spouses and sons and daughters even when VAWA self-petitioning and adjustment is no longer possible due to missed deadlines and “age-outs.” This webinar will discuss the qualifying relationships necessary for relief, the basic eligibility requirements for VAWA cancellation, as well as the statutory and regulatory bars to cancellation that are applicable. We will also compare and contrast eligibility for VAWA cancellation with VAWA self-petitions and nonLPR cancellation.
Webinar
Webinar
Level: Beginner
This webinar will cover the unique nature of U nonimmigrant status, including the U petition, U waiver, the bona fide determination process, the U waitlist, and U adjustment of status. The presenters will discuss in detail the eligibility criteria for U nonimmigrant status, covering trends and practice tips.
Presenters
Alison Kamhi - Legal Program Director, ILRC
Alison Kamhi is the Legal Program Director based in San Francisco. Alison is a dedicated immigrant advocate who brings significant experience in immigration law to the ILRC. Alison leads the ILRC's Immigrant Survivors Team and conducts frequent in-person and webinar trainings on naturalization and citizenship, family-based immigration, U visas, and FOIA requests. She also provides technical assistance through the ILRC’s Attorney of the Day program on a wide range of immigration issues, including immigration options for youth, consequences of criminal convictions for immigration purposes, removal defense strategy, and eligibility for immigration relief, including family-based immigration, U visas, VAWA, DACA, cancellation of removal, asylum, and naturalization.
She has co-authored a number of publications, including The U Visa: Obtaining Status for Immigrant Victims of Crimes (ILRC); FOIA Requests and Other Background Checks (ILRC); Naturalization and U.S. Citizenship (ILRC); Hardship in Immigration Law (ILRC); Parole in Immigration Law (ILRC); Special Immigrant Juvenile Status and Other Immigration Options for Children and Youth (ILRC); A Guide for Immigrant Advocates (ILRC); and Most In Need But Least Served: Legal and Practical Barriers to Special Immigrant Juvenile Status for Federally Detained Minors, 50 Fam. Ct. Rev. 4 (2012).
Alison facilitates the eight member Collaborative Resources for Immigrant Services on the Peninsula (CRISP) collaborative in San Mateo County to provide immigration services to low-income immigrants in Silicon Valley.
Prior to the ILRC, Alison worked as a Clinical Teaching Fellow at the Stanford Law School Immigrants' Rights Clinic, where she supervised removal defense cases and immigrants' rights advocacy projects. Before Stanford, she represented abandoned and abused immigrant youth as a Skadden Fellow at Bay Area Legal Aid and at Catholic Charities Community Services in New York. While in law school, Alison worked at the United Nations High Commissioner for Refugees (UNHCR), the ACLU Immigrants' Rights Project, and Greater Boston Legal Services Immigration Unit. After law school, she clerked for the Honorable Julia Gibbons in the U.S. Court of Appeals for the Sixth Circuit.
Alison received her J.D. from Harvard Law School and her B.A. from Stanford University. Alison is admitted to the bar in California and New York. She speaks German and Spanish.
Jennefer Canales-Pelaez - Texas Policy Attorney & Strategist, ILRC
Jennefer joined the ILRC in 2022. Jennefer has advocated for immigrant rights from the age of 11 when she advocated for her father’s immigration status to the President at the time, George W. Bush. Although her father was ultimately deported, Jennefer dedicated her life and career to ensuring that no one else experiences the trauma she felt at the age of 11.
She graduated from Occidental College with a B.A. in Sociology in 2012 and earned her Juris Doctor from Southwestern Law School in 2016. Jennefer is a member of the State Bar of California and the Ninth Circuit Court of Appeals. Jennefer has been involved with ICE out of LA, Southwestern Immigration Law Clinic, National Immigration Law Center (NILC), Esperanza Immigrant Rights Project, Immigrant Defenders Law Center (IMMDEF), Coalition for Humane Immigrant Rights (CHIRLA) and worked with the Los Angeles Immigration Court. Jennefer is a former board member and co-president of the National Lawyers Guild-LA Chapter, former Apen Ideas Scholar and KIPP Accelerator. After moving back to her hometown, Houston, Texas in 2019, she represented survivors of gender-based violence at Tahirih Justice Center prior to joining the ILRC. Jennefer was nominated as one of Houston’s Unsung Heros in 2020 and is a current KIPP Texas board member.
Brooke Parr - Directing Attorney, ICWC San Diego
Brooke joined ICWC in 2011, helping to introduce ICWC services to the San Diego community. She represents clients in VAWA, U Visa, Adjustment of Status, guardianship, SIJS, and DACA cases. Brooke often provides trainings to local law enforcement agencies and community-based organizations on U Visa and VAWA. Prior to ICWC, Brooke worked at Casa Cornelia Law Center (CCLC) in San Diego, devoting her time to providing free legal services to indigent immigrants. During her time with CCLC, Brooke held various positions, including Pro Bono Program Director and Domestic Violence Program Director. Brooke received her J.D. degree from the University of Southern California Gould School of Law and graduated from Stanford University with a B.A. in Psychology and a B.A. in Spanish. During her time at USC, Brooke worked as an intern at Public Counsel Law Center in Los Angeles and participated in USC’s Children’s Rights Clinic. She gained experience assisting families who were adopting children who had been abused, abandoned, or neglected and assisted attorneys with guardianship and Special Immigrant Juvenile Status (SIJS) cases. She also served as Notes Editor for her honors journal, Southern California Review of Law and Social Justice (RLSJ) and authored a publication for RLSJ, regarding the benefits received by families adopting children from the foster care system who have special needs. Brooke is admitted to the California bar and is fluent in Spanish.
This webinar will cover the unique nature of U nonimmigrant status, including the U petition, U waiver, the bona fide determination process, the U waitlist, and U adjustment of status. The presenters will discuss in detail the eligibility criteria for U nonimmigrant status, covering trends and practice tips.
Presenters
Alison Kamhi - Legal Program Director, ILRC
Alison Kamhi is the Legal Program Director based in San Francisco. Alison is a dedicated immigrant advocate who brings significant experience in immigration law to the ILRC. Alison leads the ILRC's Immigrant Survivors Team and conducts frequent in-person and webinar trainings on naturalization and citizenship, family-based immigration, U visas, and FOIA requests. She also provides technical assistance through the ILRC’s Attorney of the Day program on a wide range of immigration issues, including immigration options for youth, consequences of criminal convictions for immigration purposes, removal defense strategy, and eligibility for immigration relief, including family-based immigration, U visas, VAWA, DACA, cancellation of removal, asylum, and naturalization.
She has co-authored a number of publications, including The U Visa: Obtaining Status for Immigrant Victims of Crimes (ILRC); FOIA Requests and Other Background Checks (ILRC); Naturalization and U.S. Citizenship (ILRC); Hardship in Immigration Law (ILRC); Parole in Immigration Law (ILRC); Special Immigrant Juvenile Status and Other Immigration Options for Children and Youth (ILRC); A Guide for Immigrant Advocates (ILRC); and Most In Need But Least Served: Legal and Practical Barriers to Special Immigrant Juvenile Status for Federally Detained Minors, 50 Fam. Ct. Rev. 4 (2012).
Alison facilitates the eight member Collaborative Resources for Immigrant Services on the Peninsula (CRISP) collaborative in San Mateo County to provide immigration services to low-income immigrants in Silicon Valley.
Prior to the ILRC, Alison worked as a Clinical Teaching Fellow at the Stanford Law School Immigrants' Rights Clinic, where she supervised removal defense cases and immigrants' rights advocacy projects. Before Stanford, she represented abandoned and abused immigrant youth as a Skadden Fellow at Bay Area Legal Aid and at Catholic Charities Community Services in New York. While in law school, Alison worked at the United Nations High Commissioner for Refugees (UNHCR), the ACLU Immigrants' Rights Project, and Greater Boston Legal Services Immigration Unit. After law school, she clerked for the Honorable Julia Gibbons in the U.S. Court of Appeals for the Sixth Circuit.
Alison received her J.D. from Harvard Law School and her B.A. from Stanford University. Alison is admitted to the bar in California and New York. She speaks German and Spanish.
Jennefer Canales-Pelaez - Texas Policy Attorney & Strategist, ILRC
Jennefer joined the ILRC in 2022. Jennefer has advocated for immigrant rights from the age of 11 when she advocated for her father’s immigration status to the President at the time, George W. Bush. Although her father was ultimately deported, Jennefer dedicated her life and career to ensuring that no one else experiences the trauma she felt at the age of 11.
She graduated from Occidental College with a B.A. in Sociology in 2012 and earned her Juris Doctor from Southwestern Law School in 2016. Jennefer is a member of the State Bar of California and the Ninth Circuit Court of Appeals. Jennefer has been involved with ICE out of LA, Southwestern Immigration Law Clinic, National Immigration Law Center (NILC), Esperanza Immigrant Rights Project, Immigrant Defenders Law Center (IMMDEF), Coalition for Humane Immigrant Rights (CHIRLA) and worked with the Los Angeles Immigration Court. Jennefer is a former board member and co-president of the National Lawyers Guild-LA Chapter, former Apen Ideas Scholar and KIPP Accelerator. After moving back to her hometown, Houston, Texas in 2019, she represented survivors of gender-based violence at Tahirih Justice Center prior to joining the ILRC. Jennefer was nominated as one of Houston’s Unsung Heros in 2020 and is a current KIPP Texas board member.
Brooke Parr - Directing Attorney, ICWC San Diego
Brooke joined ICWC in 2011, helping to introduce ICWC services to the San Diego community. She represents clients in VAWA, U Visa, Adjustment of Status, guardianship, SIJS, and DACA cases. Brooke often provides trainings to local law enforcement agencies and community-based organizations on U Visa and VAWA. Prior to ICWC, Brooke worked at Casa Cornelia Law Center (CCLC) in San Diego, devoting her time to providing free legal services to indigent immigrants. During her time with CCLC, Brooke held various positions, including Pro Bono Program Director and Domestic Violence Program Director. Brooke received her J.D. degree from the University of Southern California Gould School of Law and graduated from Stanford University with a B.A. in Psychology and a B.A. in Spanish. During her time at USC, Brooke worked as an intern at Public Counsel Law Center in Los Angeles and participated in USC’s Children’s Rights Clinic. She gained experience assisting families who were adopting children who had been abused, abandoned, or neglected and assisted attorneys with guardianship and Special Immigrant Juvenile Status (SIJS) cases. She also served as Notes Editor for her honors journal, Southern California Review of Law and Social Justice (RLSJ) and authored a publication for RLSJ, regarding the benefits received by families adopting children from the foster care system who have special needs. Brooke is admitted to the California bar and is fluent in Spanish.
Publication
Publication
The Immigrant Legal Resource Center created the first comprehensive manual about parole in immigration law in 2016 to provide practitioners with a one-stop guide to the legal requirements of all the different types of parole, practice pointers about when and how to file for parole, and discussions of the evolving issues in parole policy. Parole in Immigration Law thoroughly addresses the three main types of parole: advance parole, humanitarian parole, and parole-in-place. The appendices include numerous sample parole applications and cover letters; USCIS, ICE, and CBP memoranda on parole issues; a sample RFE; an advance parole cover letter template; travel checklist; and many other essential tools for both private attorneys and nonprofit practitioners exploring parole as an option for their clients.
Publication
Publication
The VAWA Manual: Immigration Relief for Abused Immigrants is a completely revised edition of our popular, comprehensive guide for advocates working with immigrant survivors of domestic violence.
Webinar
Webinar
Level: Intermediate / AdvancedThis webinar is targeted to intermediate and advanced VAWA practitioners. We will cover changes in the USCIS policy manual and practice this year which are related to VAWA self-petitioners, including clarifications of old policies as well as new USCIS interpretations. Updates discussed will include those related to abused spouses and stepchildren, good moral character, pending family adjustment applications, and clarification of evidentiary requirements.Presenters
Publication
Publication
This handbook contains lessons learned and promising practice tips in the context of a team-based approach to serving human trafficking survivors. It is based on years of experience representing survivors of human trafficking acquired by the authors, national experts Lynette M. Parker, Cindy Liou, and Ivy Lee. These lessons and tips focus on the experiences of the San Francisco Bay region, but may have applicability to other regions of the United States.