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X. State Court Actions: U-Visas & T-Visas

X. State Court Actions: U-Visas & T-Visas – This section/page focuses on State Court Actions involving U-Visas and T-Visas.

A. Documents:

  • U Visa Certification Toolkit for Federal, State, and Local Judges, Commissioners, Magistrates, and Other Judicial Officers (November 7, 2017) [pdf] 83 Pages - “Congress recognized in the Violence Against Women Act of 2000 (VAWA 2000) that without some form of immigration status that protects immigrant crime victims from retaliation, few undocumented victims are willing to pursue civil or criminal claims against crime perpetrators. The integrity of the justice system is compromised when perpetrators take advantage of immigration related fears to escape accountability. Judges have a role in protecting the integrity of the justice system. In the U visa context, Congress in the VAWA 2000 specifically listed judges as government officials authorized to sign U visa certifications. U visa certifications verify that the immigrant has been a victim and that victim has been, is being, or is likely to be helpful in the detection, investigation, prosecution, conviction or sentencing of criminal activity. The U visa certification is a mandatory piece of evidence that the immigrant victim must include in the U visa application. The Department of Homeland Security reviews the full application, including the certification and the additional evidence which the immigrant victim applicant is required to submit as part of the application, and determines whether the applicant will be awarded a U visa. The U visa does not confer permanent immigration status, but instead grants victims a temporary visa for 4 years that protects them from deportation and grants temporary legal work authorization.”
  • U-Visa: "Helpfulness" - Checklist (July 23, 2015) 6 pages
  • U-Visa Quick Reference (2013) 4 pages
  • DHS U and T Visa Law Enforcement Resource Guide (Updated November 30, 2015) [pdf] 33 Pages - “DHS has created this Resource Guide to inform you and address concerns about the role of law enforcement agencies within these visa programs. This Guide includes information about U and T visa requirements; the I-918B certification and I-914B declaration processes; best practices; answers to important and frequently asked questions from judges, prosecutors, law enforcement agencies, and other officials; where to look for more resources; and contact information for DHS personnel on U and T visa issues.”

B. Video:

  • U-Visa Certification [12:22] – Discusses U Visa certification, certifiers, qualifying criminal activities, and helpfulness.

Please note that for some browsers an embedded video will appear automatically.  If the embedded video does not appear, click on either the WMV (Windows Media) or MP4 link to play the video on your preferred media player.

U-Visa Certifications WMV

U-Visa Certifications MP4

DV-Immigration Resources Sections/Pages:

Back to DV-Immigration Resources Overview

II. New Mexico Specific Resources - This section/page provides New Mexico specific Guides and a video clip from the in-person conference discussing New Mexico Diversity.

III. Access to Justice/Procedural Fairness - This section/page provides resources pertaining to access to justice and procedural fairness.

IV. Cultural responsiveness - This section/page provides resources pertaining to Cultural responsiveness.

V. Language Access - This section/page provides resources pertaining to language access.

VI. DV-Immigration Dynamics: Abuse, Power & Control - This section/page provides resources pertaining to the dynamic intersection of DV-Immigration cases including information regarding abuse, power & control.

VII. Immigration Status & Myths - This section/page provides resources pertaining to Immigration status & myths regarding jurisdiction and custody.

VIII. Overview of Immigrant Protections & ReliefThis section/page provides resources pertaining to immigration protections, relief, and remedies

IX. Public Benefits - This section/page provides resources pertaining to public benefits available to immigrant DV victims.

X. State Court Actions: U-Visas & T-Visas - This section/page focuses on two types of immigrant protection and relief: U-Visa & T-Visas certification.

XI. State Court Actions: Special Immigrant Juvenile Status - This section/page focuses on Special Immigrant Juvenile Status (SIJS).

XII.  Civil Protection Orders - This section/page provides information on drafting jurisdictionally sound Protection orders.

XIII. Additional Information: Websites & Documents - This section/page provides links to DV-Immigration websites and additional documents.

This project was supported by Justice for Families Grant No. 2015-FJ-AX-0013 awarded by the Office on Violence Against Women, US Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.