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 Survivors 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.
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.
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
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.
Public Comments / Sign-on LettersOn 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.
FAQs & ExplainersThe 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.
FAQs & ExplainersIf 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.
Practice AdvisoryAs 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.
Public Comments / Sign-on LettersOn 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.
Practice AdvisoryIn 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.
This webinar will cover the different ways that U petitioners can include derivatives, including at the time of filing the principal application, after the principal application has been filed, and after the principal application has been approved. Using hypotheticals, the webinar will also discuss common challenges that arise in U derivative cases, such as after-acquired relationships, extensions of status, and U derivatives abroad.
This webinar will address some of the more challenging aspects of representing clients eligible for VAWA benefits, such as issues relating to the representation of VAWA applicants who do not identify as female, gathering evidence of emotional abuse, public benefits available to VAWA applicants, alternatives to VAWA adjustment, and selected adjustment and naturalization issues that may arise.
Publication PublicationThe U Visa: Obtaining Status for Immigrant Survivors of Crime will guide you through the entire process of handling an immigration case for a U visa petitioner—from eligibility screening for U nonimmigrant status, to communicating about the waitlist, bona fide determination, and deferred action, to adjustment of status, to assisting eligible family members, and to helping U nonimmigrants travel.
Publication PublicationThe 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.
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.
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.