Access to Status for Battered Immigrants and Victims of Other Crimes
The immigration law provides some remedies to immigrants without status when they are victims of domestic violence and other crimes. Battered immigrants married to US citizens or to lawful permanent residents have an avenue for gaining status independent of their batterers through the Violence Against Women Act (VAWA). Immigrant victims of domestic violence and other crimes who are not eligible to self-petition through VAWA may be eligible for a U or T visa as a victim of crime or of trafficking. Generally these remedies require cooperation with law enforcement in the investigation or prosecution of the crime.
This section of the website contains articles and other information addressing these immigration remedies.
Alabama's New Immigration Law Hurts Immigrants and the State
On September 28, 2011, a Federal District Court Judge upheld most of the sections of Alabama’s harsh new immigration law, also known as HB 56 , which the U.S. Justice Department and civil rights groups had vigorously challenged. Read More
Questions & Answers: Victims of Criminal Activity, U Nonimmigrant Status
Common questions and answers pertaining to U nonimmigrant visas. Read More
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A Matter of Life & Death: Advocates in New York Respond to Medical Repatriation
This article is about the response of one group of advocates to the practice of medical repatriation, also referred to as medical deportation, in which hospitals choose to send non-citizen patients, usually those in need of long-term care, back to their home countries for treatment without engaging the federal immigration process. Read More
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Empire Justice Center Testimony on Human Services in the 2011-12 Executive Budget Proposal
As New York continues to grapple with the aftermath of the recession, it is essential that we do not forget that there are many among us that are still in its epicenter. Read More
Empire Justice Center Testimony at the Executive Budget Hearing on Human Services
Testimony before the Joint Legislative Committees on human services in the 2010-2011 executive budget. Read More
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Immigrant Eligibility Handbook
The rules governing the eligibility of individuals who are not citizens of the United States for federal or state public benefits, including medical assistance, are complicated. They are also subject to change. This manual addresses the immigrant eligibility rules of the various health care programs in New York as they existed in December of 2008. Read More
Legal Services Journal - Fall 2010 Issue
The Fall 2010 issue of the Legal Services Journal continues an over thirty year practice of reporting on a wide range of poverty law topics. Additionally, this issue has a special focus on Domestic Violence and Immigration Law. Thanks to all our authors and special recognition to members of Empire Justice Center Practice Groups who specialize in Domestic Violence and Immigration for their articles. Read More
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Immigration Status & Public Benefits Eligibility
This is a training on immigration status as an eligibility requirement in various federal and state public benefits programs. The main focus of the session will be on the immigrant eligibility rules in means tested benefit programs, specifically the Family and Safety Net Assistance Programs, the Supplemental Security Income program (SSI), Food Stamps and Medicaid. In addition to the program rules, we will cover the immigrant documentation requirements of the benefits agencies and some special issues that arise in the context of immigrant use of benefits programs, including public charge, sponsor liability and reporting. Read More
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