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Topic: VAWA / U / T Clear

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NIWAP Library Amicus brief Oct 2, 2023

Kewan

Kewan, U.S. Court of Appeals for the 9th Circuit (2005). Amicus brief discussing research data and the dynamics of domestic violence against male victims and VAWA’s gender neutrality offering protection to both male and female victims. (Northwest Immigrant Rights Project)

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Oct 2, 2023

Leiva-Mendoza v. Holder

Leiva-Mendoza v. Holder, United States Court Of Appeals For The 8th Circuit (April 2 2011) discusses how a child’s witnessing of serious domestic violence perpetrated against their parent is a basis for granting VAWA cancellation of removal to children who witness domestic violence perpetrated against their parent even in cases in which the children have not themselves been abused. This amicus brief provided the court with the relevant research data on harm to children of witnessing abuse in the

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
NIWAP Library Amicus brief Sep 13, 2023

Ramirez-Avila

Ramirez-Avila, Board of Immigration Appeals (2007). Amicus brief discussing the Violence Against Women Act’s lesser extreme hardship standard and the approach to be taken in VAWA cancellation of removal cases with regard to good moral character. (Arnold and Porter, Pro Bono).

Removal defense VAWA / U / T BIA Direct PDF
NIWAP Library Amicus brief Sep 13, 2023

Sanchez v. Gonzalez

Sanchez v. Gonzalez, U.S. Court of Appeals for the 7th Circuit (2006). Amicus brief discussing the Violence Against Women Act’s legislative history and purpose and the special motion to reopen provisions designed for immigrant victims filing VAWA cancellation of removal cases. The trial court and BIA failed to offer Sanchez access to VAWA’s motion to reopen provisions. Additionally, Sanchez’ trial counsel was unfamiliar with VAWA’s special rules and provided Ms. Sanchez with ineffective assistan

Removal defense VAWA / U / T BIA Court of appeals Direct PDF
NIWAP Library Resource directory Sep 13, 2023

Violence Against Women Act-VAWA Self-Petitions, Suspension of Deportation and Cancellation of Removal

Esteban Cabezas (2010) Appeal to the United States Citizenship and Immigration Services Administrative Appeals Office. Amicus submitted by Legal Momentum, National Network to End Violence Against Immigrant Women, and represented by Andrew Taylor, of a denial of a VAWA self-petition by the United States Citizenship and Immigration Services, Vermont Service Center. This case raises important issues about the any credible evidence standard to be applied in VAWA self-petitioning cases and on immigra

Removal defense Naturalization BIA appeals BIA Direct PDF
Immigrant Legal Resource Center Practice advisory Jun 30, 2023

State of U Visa and T Visa Laws

U nonimmigrant status and T nonimmigrant status, often called “U visas” and “T visas,” are humanitarian forms of immigration relief for certain survivors of crime. Both forms of relief have a certification process by which applicants request certification from law enforcement or other government agencies to document their cooperation. In recent years, many states have enacted U and T visa certification legislation in order to increase access to certifications for those who are eligible. This pra

Crimes and categorical approach Consular practice VAWA / U / T Cross-forum Direct PDF
ASISTA Practice advisory May 8, 2023

Unofficial Notes from USCIS Stakeholder Call on VAWA, U, and T Issues (May 8, 2023)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
ASISTA Practice advisory Apr 1, 2023

ASISTA Notes from USCIS CAM Stakeholder Engagement & Highlights from April 2023 Expansion (April 2023)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
ASISTA Practice advisory Mar 29, 2023

ASISTA Practice Advisory: Ongoing Receipt Delays in Humanitarian Cases (March 29, 2023)

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VAWA / U / T Family-based practice USCIS Immigration court Direct PDF
Immigrant Legal Resource Center Practice advisory Mar 24, 2023

VAWA Cancellation of Removal

Cancellation of removal under the Violence Against Women Act (“VAWA”) is an often overlooked form of relief for noncitizen survivors of abuse who are faced with removal proceedings. Compared with cancellation of removal for nonpermanent residents (“non-LPR cancellation”), VAWA cancellation is usually a more generous, lenient option for many survivors. In addition, unlike spouse self-petitions, there is no deadline to apply for cancellation after a divorce or loss of immigration status by the abu

Removal defense Family-based practice VAWA / U / T Cross-forum Direct PDF
National Immigration Project Practice advisory Mar 24, 2023

VAWA Cancellation of Removal

Cancellation of removal under the Violence Against Women Act (“VAWA”) is an often overlooked form of relief for noncitizen survivors of abuse who are faced with removal proceedings. This practice advisory introduces and provides an overview of the eligibility requirements for VAWA cancellation.

Removal defense VAWA / U / T Cross-forum Direct PDF
Immigrant Legal Resource Center Practice advisory Mar 10, 2023

USCIS Policy Manual Updates: T Visas and the Definition of Trafficking

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.

Naturalization Consular practice VAWA / U / T USCIS Direct PDF