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Breaking Barriers:A Complete Guide to Legal Rights and Resources for Battered Immigrants

This manual seeks to explain the complex topics of domestic violence and immigration laws that are intended to assist immigrant survivors. The goal of this manual is to provide support and assistance to advocates and attorneys, arming them with the knowledge they need to confidently provide effective assistance to battered immigrant victims and the immigrant community. Additionally, this text is being written to provide immigrant advocates, immigrant attorneys, and social service providers to immigrant communities with an understanding of general domestic violence dynamics and how these affect immigrant victims.

Chapter 1. Overview of Domestic Violence

Chapter 2. Interviewing and Safety Planning for Immigrant Victims of DV

Chapter 3. Battered Immigrants and Immigration Relief

• Introduction to Immigration Relief for Battered Immigrants
• Confidentiality and Breaches of Confidentiality
• Preparing the VAWA Self-Petition and Applying for Residence
• VAWA Cancellation of Removal
• Battered Spouse Waiver
• U Visas - Gender Asylum
• Appendix Fee Waiver Request

Chapter 4. Battered Immigrants' Access to Services

• Access to Services that Help Battered Immigrants
• Public Benefits for Immigrant Women and Children
• Accompanying Immigrants Applying for Benefits
• Appendix A: HHS Letter
• Appendix B: HUD Letter
• Appendix C: 8 USC 1641 Qualified Alien Statute
• Appendix D: Reg Necessary to Protect Life or Safety
• Appendix E: Interim Guidance Title Page
• Appendix F: Interim Guidance FULL
• Appendix G: Reg Federal Public Benefits
• Appendix H: Non Work SSN
• Appendix I: Evidence for Non Work SSN
• Appendix J: Mother's SSN
• Verification of Eligibility for Public Benefits and Interpretation of "Federal Public Benefit"

Chapter 5. Protection Orders

• Battered Immigrants and Civil Protection Orders
• Access to Protection Orders For Immigrant Victims of Family Violence
• Appendix A: Carrasco CPO Constitutionality Brief
• Appendix B: Request for CPOs
• Appendix C: Harrison Brief

Chapter 6. Immigrants and Family Law Issues

• Immigration Status of the Victim in Custody Cases
• Legal Implications for DV Victims Fleeing State
• Table of Criminal Custodial Interference Statutes
• Hague International Child Abduction Convention: Cases and Practice
• Economic Relief for Victims - Child and Spousal Support
• Immigration Status and Family Court Jurisdiction
• Appendix A: Employer Affidavit
• Appendix B: Cover Letter- Employer's Statement
• Appendix C: Employer's Statement
• Appendix E: Retroactive Child Support Order
• Appendix D: Family Violence Option
• Appendix F: Employer's & Financial Statement (DC)

Chapter 7. Battered Immigrants and the Criminal Legal System

• Glossary
• Battered Immigrants and the Criminal Justice System
• Appendix Immigration Criminal Consequences