Effectively representing a survivor of domestic violence requires understanding ALL immigration options they may be able to pursue. This chart provides an at-a-glance review of the requirements for VAWA Self-Petitions and VAWA Cancellation of Removal. It also highlights situations where one may be better than the other for certain survivors, though some survivors may be eligible for both.
ALERT : Despite misinformation out there, VAWA, U and T visa programs have NOT been cancelled or terminated! These bipartisan protections were created by Congress and the Administration cannot unilaterally take them away. While there is news that ICE has changed its guidance on enforcement actions related to potential or actual beneficiaries of victim-based benefits, we want to be VERY clear that the VAWA, U and T visa programs have NOT been cancelled or terminated. Please consult with a trusted immigration attorney in your area with any questions. You can find a qualified immigration attorney at the National Immigration Legal Services Directory .
On December 3, ASISTA submitted a letter with recommendations to USCIS regarding the commencement of VAWA Self-Petitioner interviews at local USCIS Field Offices, on behalf of the Alliance for Immigrant Survivors and over 20 national and state/local organizations working with immigrant survivors of domestic violence. ASISTA is grateful to all of the members who collaborated on these recommendations, and the national and state DV coalitions that joined us in solidarity despite the fast turnaround. Click here to access the letter.
ASISTA is pleased to release this Practice Pointer on the age-out protections for U Nonimmigrants. The age-out statute provides critical protections to U principals and derivatives, but the protections are limited in scope and often misunderstood. This Practice Pointer clarifies the scope of these age-out protections and provides practice tips for practitioners to avoid age-out for clients both inside and outside the United States.
This Practice Alert reviews the EOIR regulations effective July 29, 2024, and the potential impact of the regulations on immigrant survivors and their derivative beneficiaries who are seeking administrative closure or the termination of removal proceedings. As the regulations are implemented and more information becomes available, ASISTA will update this guidance.
In July 2024, ASISTA and partners joined an amicus brief to the Supreme Court in the case of Bouarfa v. Mayorkas. The case centers on the judicial reviewability of DHS’s revocation authority in the family-based immigration context, and the brief aims to highlight how any decision on such reviewability could also impact justice for survivors who are seeking or were granted U, T, or VAWA-based relief. Click here access the amicus brief. Bouarfa v. Mayorkas
In conjunction with the new fee rule that went into effect on April 1, 2024, USCIS updated immigration forms, including the I-918 and related forms. Starting June 3, 2024, USCIS will only accept the new version of the form. This short grace period will create significant hardships and hurdles for those who have sought or obtained signed certifications on the previous version of the form.
On March 27, 2024, USCIS held a One-Year Anniversary Engagement for the HART Service Center, which was scheduled to share updates from HART and for USCIS to get feedback, comments, and questions from stakeholders. These are ASISTA’s notes from that engagement. Please note that USCIS stated that they collected questions submitted to them, but did not respond to any questions during the engagement.
On February 22, 2024, USCIS held a national engagement to discuss the 2024 Final Fee Rule. These are ASISTA’s notes from that engagement, which focus on the portions of the engagement most relevant to practitioners representing immigrant survivors.
ASISTA, the Immigrant Legal Resource Center (“ILRC”), and Catholic Legal Immigration Network, Inc. (“CLINIC”) co-authored the VAWA Practice Advisory: VAWA Self-Petition Policy Updates.
On February 15, 2019 the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS) published a proposed form for notice and comment to collect information from the general public regarding purported immigration fraud. At ASISTA, we are particularly concerned about this Fraud Tip form as it represents another tool for abusers and perpetrators of crime to weaponize the immigration system against survivors, without consequence or repercussion. This is extremely problematic and dangerous, as abusers often use the threat of deportation as a tool to maintain power and control over survivors. We urge you and your organization to submit comments detailing your opposition to this proposed form. The comment period closes Tuesday, April 16th. ASISTA, ILRC and the Arab American Institute have developed a comprehensive fact sheet on the new USCIS Tip Form. In addition, you can use this template comment to speak out against this harmful form. We are grateful to ILRC, AAI, ACLU, AAPCHO, NIJC, CLINIC, and End Domestic Abuse WI for their contribution to these resources. Using the template as a starting point, we suggest agencies individualize their comments with their own reasons and experiences why the proposed rule would harm immigrant survivors and their families so that they may be counted as a unique submission . In addition, to the extent possible, your comment submission should be in your own words and based upon your agency’s concerns and interests. The goal is to maximize the number of unique comments to have the greatest impact. Deadline for submission is April 16, 2019. Comments can be submitted online at: https://www.regulations.gov/document?D=USCIS-2019-0001-0001 Please remember to review and clear any formatting before submission. Resources: USCIS Fraud Tip Fact Sheet Template Comment in Opposition to USCIS Tip Form