Resources
Publication Date
01/18/2024
Law enforcement agencies in California have been responding to requests for U visa certifications for many years to allow immigrant survivors of crime and their family members to apply for U nonimmigrant status. However, until 2016 there was no statewide standard or protocol for certifications. Several bills have passed in the meantime to further streamline the process. Most recently, AB 1261 was signed into law in October 2023 and went into effect on 01/01/2024. The Immigrant Legal Resource Center and the Los Angeles Center for Law and Justice wrote this advisory to summarize California state laws on U visa certifications, including the newest provisions.
Resources
Publication Date
02/05/2024
In October 2021, the U.S. Department of Homeland Security (DHS) issued its T Visa Law Enforcement Resource Guide. The guide, published alongside updated guidance on T visas in the USCIS Policy Manual (USCIS-PM), advises law enforcement agencies on providing T visa certifications, a crucial form of evidence in T visa applications. This practice advisory gives an overview of the resource guide and how practitioners can utilize it to advocate for law enforcement agencies to provide law enforcement certifications to survivors.
Resources
Publication Date
02/09/2024
Resources
Publication Date
02/12/2024
On January 31, 2024, U.S. Citizenship and Immigration Services (USCIS) released a final fee rule that will go into effect April 1, 2024. This Community Alert delves into the provisions of the new rule including increased fees, expanded fee exemptions, and changes to fee waiver policy. This downloadable guide also offers some key takeaways and resources to find support for your immigration case.
Resources
Publication Date
05/15/2024
As of April 1, 2024, immigrant survivors of abuse, trafficking, and other crimes can now apply for certain immigration benefits for free. This Community Explainer details which survivor-based benefits are covered by the new fee exemptions, as well as other changes that may reduce financial barriers to accessing immigration benefits.
Resources
Publication Date
06/26/2024
If you are undocumented and have been a victim of a crime, served as a witness for law enforcement, or have been subject to human trafficking, you may be eligible to apply for certain forms of immigration status. These are known as U, T, and S visas. In most cases, the application process for these visas will require help from a law enforcement agency. This Community Explainer details how a new California law, AB 1261, aims to better protect immigrants who are applying for these forms of relief and ensure that California law enforcement agencies help them when needed.
Resources
Publication Date
07/17/2024
The U.S. immigration system treats children and young people differently than adults. It is important to understand how your age may impact your options for seeking relief or protection against deportation. This Community Explainer highlights how age impacts eligibility for certain forms of immigration relief, how immigrant youth can help themselves and their family members, and how to learn more.
Resources
Publication Date
07/24/2024
On May 17, 2024, the ILRC provided comment to USCIS on proposed changes to the forms to apply for a U Visa. This is the second time that ILRC provided comment on proposed changes and USCIS accepted some of our previous comments in the newest version. We reiterated some previous requests in response to the agency’s changes and also requested that USCIS extend grace periods for the old forms to mitigate the harm to applicants who would have had to get new law enforcement certifications on new forms, which USCIS granted.
Resources
Publication Date
08/01/2024
Immigrant survivors of domestic violence face significant barriers in seeking both domestic violence support services and immigration legal assistance. Lack of lawful status, fear of deportation, and language barriers make it difficult for immigrant survivors to access critical services. These challenges can be even more acute in underserved and rural areas, such as California’s San Joaquin Valley. This project aims to fortify the economic stability of immigrant survivors of domestic violence in California’s rural San Joaquin Valley by facilitating access to lawful immigration status, employment authorization, and public benefits for immigrant survivors, thus reducing their risk of poverty and homelessness.
Resources
Publication Date
08/13/2024
On August 12, 2024, ILRC provided comments to USCIS on proposed changes to the application forms for T Nonimmigrant status. The comment urged USCIS to make additional changes to the form including removing the requirement for disclosure of juvenile adjudications and vacated criminal records and implementing uniform confidentiality and privacy language on the forms to ensure that the applicant’s sensitive information is protected.
Tags: U Visa/T Visa/VAWA
Tags: U Visa/T Visa/VAWA
Resources
Publication Date
10/15/2024
Part 1 of this 2-part advisory provides updates on DHS’s prosecutorial discretion in removal proceedings and explores the various factors that advocates should consider when deciding whether to seek a favorable exercise of discretion from the ICE Office of the Principal Legal Advisor (OPLA). Part 1 also highlights new regulations and discusses how the upcoming presidential election may impact prosecutorial discretion.
Resources
Publication Date
10/15/2024
Part 2 of this 2-part advisory explores some of the unexpected consequences of PD policies adopted by the ICE Office of the Principal Legal Advisor (OPLA) that can prejudice noncitizens in removal proceedings, including the practice of moving to dismiss proceedings over respondents’ objections and failing to appear at hearings.
Resources
Publication Date
12/16/2024
On October 15, 2024, the ILRC submitted a comment on the proposed changes to Form I-360, encouraging USCIS to increase the accessibility of the form for pro se respondents, including Special Immigrant Juvenile Status Applicants and VAWA self-petitioners.
Resources
Publication Date
01/24/2025
Eligibility for U Nonimmigrant Status, commonly known as the “U Visa,” hinges on whether the applicant has been the “victim” of a qualifying crime. The regulations implementing the U visa statute contemplate three categories of “victims” who may qualify for the U visa: direct, bystander, and indirect victims. This practice advisory provides a basic overview of the requirements for U nonimmigrant eligibility. It then discusses the definition of “victim” and three different ways to qualify as a victim for purposes of U visa eligibility. Finally, it addresses derivative eligibility for qualifying family members.
Resources
Publication Date
02/19/2025
This practice advisory outlines the process for researching and commenting on federal forms. A previous advisory covers the process specific to commenting on regulations, which has many parallels to the forms comment process. Federal forms and their comment process are often overlooked by advocates, even those who regularly follow changes in regulations and comment on them. However, form changes can be significant and sometimes can be used to change policy by agencies. The statute regulating forms is the Paperwork Reduction Act (PRA).
Resources
Publication Date
03/20/2025
Starting in December 2024, USCIS began conducting interviews for certain VAWA self-petitioners who have both an I-360 and an I-485 pending. ILRC and AILA’s VAWA, Us, and Ts committee compiled tips to help practitioners support VAWA self-petitioners through this additional layer of review while safeguarding their rights.
Resources
Publication Date
04/11/2025
The Trump administration’s Registration requirement for most undocumented immigrants is another hateful tactic in its campaign to cause panic and fear throughout the country. The Department of Homeland Security (DHS) has been clear that the central purpose of Registration is to gather information about all noncitizens and use this information to locate, apprehend and remove them as quickly as possible. The new registration requirement took effect April 11, 2025.
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
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
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
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
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
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
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 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
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
Publication Date
09/19/2019
This resource is a comprehensive client intake form meant to assist practitioners in screening for immigration relief options. Accompanying the intake form are notes to assist practitioners in spotting issues and relief options.