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Immigrants and State Courts

Immigrants and State Courts

The New York Family Court Act & Federal Immigration Law, Policy & Enforcement

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FCA Article 8 - Family Offenses

Supporting Evidence for VAWA

Secondary Evidence for VAWA Petitions and VAWA Cancellation of Removal

  • The Violence Against Women Act (VAWA) is a “self-petitioning relief” for non-citizens who are victims of domestic violence.
  • Orders of protection can be used as supporting evidence for domestic violence (DV) based immigration relief. Examples of DV based immigration relief under VAWA include:
    • Self-petitions for survivors abused by a US Citizen or Lawful Permanent Resident qualifying relative
    • Battered spouse waivers for conditional residents (with LPR cards expiring in 2 years from date of initial grant) of USC’s or LPR’s
    • Domestic violence-based cancellation of removal for qualifying survivors
  • Resource: VAWA Cancellation of Removal
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FCA Article 8 - Family Offenses

  • Issues for the Respondent
    • Orders of Protection
    • Civil Contempt & Incarceration
    • Concurrent Criminal Proceedings
  • Issues for the Petitioner
    • U Nonimmigrant Status Certifications
    • Process of U-Certification Issuance
    • U Certification Requirements
    • Why Timely U Certification Matters
    • SIJS v. U Visa
    • Special Immigrant Juvenile Status (SIJS)
    • Supporting Evidence for VAWA
  • FCA Article 8 Slide Presentation

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