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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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        • Article 3 – Juvenile Delinquency
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        • Article 10 – Abuse & Neglect
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Matrimonial & Integrated Domestic Violence

Secondary Evidence for VAWA

Orders of Protection can provide 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)
    • Domestic violence-based cancellation of removal for qualifying survivors
  • Resource: VAWA Cancellation of Removal
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Matrimonial & Integrated Domestic Violence

  • Judgment of Divorce
  • Annulment
  • IDV – Orders of Protection
  • IDV – Violation of Orders of Protection
  • IDV – Issuance of Orders of Protection
  • Secondary Evidence for VAWA
  • Violation of Support Order
  • Affidavits of Support – Impact
  • Denial of Immigration Benefits/Relief
  • Legitimacy & Paternity
  • Matrimonial & IDV Slide Presentation

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