Immigration and Visa Information In Response To Sexual & Interpersonal Violence

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Customize and Publish in English and Other Languages

While many who study or conduct research in the U.S. understand English well, during a time of trauma and stress, they may benefit from a document that is available in their native language, while still being customized to the resources available on campus and in the community. To aid institutions in providing this service, we have translated the document into 120 languages.

Any college or university may customize this document with information specific to its institution, and then have that customized information automatically inserted in translated versions of this guidance.

Colleges and universities are encouraged to review the document to ensure that all elements, including but not limited to information about pressing criminal charges, are applicable in the institution's jurisdiction.

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Contributors
Translation Credit

All sections prefixed with a red asterisk (*) are required for submission.

Requestor Information

SAVR Information

Contact Information

Who is the suggested contact for a victim with questions about where to file criminal charges (maybe on campus police, local law enforcement, legal aid, the District Attorney, etc)

 

Is there an office on campus that can provide additional information?
(not required)

The State University of New York, with the funding and support of the New York State Department of Health and a number of staff and volunteer professionals, has translated a resource specific to immigrant and international students, as current in 2018, into 120 languages using expert volunteers and Language Line, a translation service.

SUNY is providing copies of the translations at no cost to any college or university, as well as government agency and not-for-profit organizations. Translations are provided "as is" with no warranties or guarantees.

The translations may be used in whole or in part and customized as necessary by the registered organization, subject to a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International license ( https://creativecommons.org/licenses/by-nc-sa/4.0/ ). This means that institutions are free to use, customize, and adapt the translations, with proper attribution, for non-commercial purposes. This content may not be sold.

SUNY may list participating colleges and universities and may acknowledge strong implementation, campuses that assist others in implementing or developing new tools, and other information to highlight the work of SUNY and partner institutions.

Campuses using the translations must include an acknowledgment that "Translations are the copyright of the State University of New York and are used with permission" and include a link to the SAVR page, http://response.suny.edu . We are grateful to the New York State Department of Health for its support of these translations.

The information, once you hit submit, will be input into the Violence Against Women Act Visa and Immigration Resource, in each of the 120 languages. The files will be condensed into a zip file and emailed to you.
You will receive your customized documents via email from SUNYVISA@suny.edu in approximately 15 minutes.

Please be sure to check the 'Junk' or 'SPAM' folder if you have not received the email within 4 hours.

Guidance to Implement Immigration & Visa Information for Victims of Sexual & Interpersonal Violence

The State University of New York, in partnership with professionals from across the country, has prepared a resource available to any college or university, to provide information to immigrant students who are the victims or survivors of sexual or interpersonal violence and has translated that resource into 120 languages.

Introduction

In March 2013, Congress passed, and the President signed, a bill to reauthorize the Violence Against Women Act (VAWA), and the Department of Education issued Final Regulations to implement the law on October 20, 2014.  Among other requirements, page 62785 of the Final Rule requires institutions to provide written notices to students and employees (and to student and employee victims) about “existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance , student financial aid, and other services available for victims, both within the institution and in the community" (emphasis added).  Those regulations were effective July 1, 2015.

The 2014 Questions & Answers (pages 7-8) from the Office for Civil Rights (retracted September 22, 2017 on other grounds) encouraged institutions to notify victims about U and T nonimmigrant statuses , which are available to certain non-immigrant crime victims.  Other relevant information would be how withdrawing from courses - a common interim measure or accommodation - may affect status, or whether reporting to police may reveal that someone is out of status.

Institutions may provide students and employees with the document available through this resource, customized as appropriate, to demonstrate compliance with the requirement, and (more importantly) to serve and educate students and scholars who may need this type of assistance.

Some of the references in the resource are to other documents that institutions must prepare pursuant to VAWA.  Here is an example of an explanation of state penal law definitions (p. 7-10) .  Here is an example of a customizable resource page an institution can post with comprehensive victim resources Here is an example of a sample customizable document listing local immigration resources.

While many who study or conduct research in the U.S. understand English well, during a time of trauma and stress, they may benefit from a document that is available in their native language, while still being customized to the resources available on campus and in the community.  To aid institutions in providing this service, we have translated the document into 120 languages. Translations were conducted by volunteers and, with funding from the New York State Department of Health (Maternal and Child Health Services Title V Block Grant), SUNY contracted with Language Line to conduct professional translations.

These documents are available pursuant to a Creative Commons Use with Attribution License and are freely available for non-commercial use by institutions of higher education. These resources may not be sold.

We are grateful to the volunteers and staff who worked on this project (listed on the Contributors Tab and Translation Credit Tab) and to the State University of New York and Department of Health for financial and logistical support.

English Language Resource

[Items in Brackets Can Be Customized for Each Institution]
Immigration & Visa Information for Victims of Sexual & Interpersonal Violence

International students and scholars with questions about their immigration and visa status are advised to seek the assistance of an immigration attorney.  This document is a resource to explain certain aspects of the law, but is not a replacement for legal advice.

I’ve been a victim of assault, does my immigration status affect my ability to access on-campus resources?

No.  Under the law, students and staff who are victims or survivors of sexual and interpersonal violence receive the same rights under Title IX of the 1972 Education Amendments (Title IX) and the Violence Against Women Act (VAWA), regardless of immigration and visa status.  Information about on-campus medical and counseling resources, as well as available accommodations, may be found at [1].  Information about the student conduct process may be found at [2].  The College will not retaliate against you or treat you differently on the basis of reporting a crime.

Can I press criminal charges as a documented or undocumented immigrant?

Yes.  Information about your state’s criminal definitions of sexual assault, domestic violence, dating violence and stalking may be found in the Annual Security Report [3]. Specific questions about filing charges may be addressed to [4].

Are there specific visa and immigration statuses for victims of crimes?

Yes.  For victims of sexual assault, domestic violence, dating violence and stalking, there may be other visa options, including U and T Visas.  For specifics, talk to an immigration attorney.

U visa
T visa
 

Is there an office on campus that can provide me additional information?

[5] The International Student and Scholar Services Office can provide useful information regarding immigration status.  Note that for questions regarding changes to other visa statuses, or legal options that fall outside of standard F-1 and J-1 student visas, or employer-sponsored work visas, consult a qualified immigration attorney.

Visa Options

F-1 and J-1 status students

  • Options for reduced course-load approval due to medical conditions certified by a licensed medical doctor, doctor of osteopathy, or licensed clinical psychologist
  • Options for, and consequences to, withdrawing from your academic program
  • Information about returning to the academic program at a later date, if the student chooses to withdraw
  • Options and consequences for accompanying spouses
  • General information on options for changing visa status.
  • General information on U and T visas. (Referral to a qualified immigration attorney)
  • Referral to a qualified attorney

 

H-1B, O-1, E-3, or TN employees

  • Options for a work leave of absence, and consequences to your immigration status
  • Options and consequences for accompanying spouses
  • General information on options for changing visa status. Referral to a qualified immigration attorney
  • General information on U and T visas. (Referral to a qualified immigration attorney)
  • Referral to a qualified immigration attorney

Pending U.S. permanent residents (green card not yet approved)

  • Impact of leaving your employment on your pending employer-sponsored permanent resident application;
  • Referral to a qualified attorney

What is an immigration lawyer and what do they do?

Immigration lawyers are licensed attorneys who specialize in the field of immigration law. They function as the client’s advocate, and can represent them before immigration agencies, both in immigration court as well as in filing applications for immigration benefits. The lawyer can give general advice and can discuss immigration options. Like all lawyers, immigration lawyers are bound by professional ethical and legal requirements, and keep client discussions confidential.

Contributors

This project could not have been accomplished without hard work by many individuals. We are deeply grateful for the enthusiastic commitment of so many volunteers and organizations to this important project.

The State University of New York thanks the following individuals for their work in development of this resource:

Document Authors

  • Joseph Storch, Associate Counsel, State University of New York
  • Andrea Stagg, Deputy General Counsel, Barnard College (formerly Associate Counsel, State University of New York)
  • Robin Catmur, Director, Immigration Services, The University of Georgia
  • Brendan Venter, Associate, Whiteman, Osterman, & Hanna, LLP
  • David Fosnocht, Director of Immigration Practice Resources, NAFSA: Association of International Educators
  • Michael Pfahl, Associate Counsel, Kent State University

Technical Work, Document Development and Web Development

  • Shannon Crane, Associate, Latham & Watkins LLP (formerly Intern, Office of General Counsel, State University of New York)
  • Hyun Soo Albert Jung, Associate, Dechert LLP (formerly Intern, Office of General Counsel, State University of New York)
  • Jeffrey Rosen, Web Designer, State University of New York
  • Taras Kufel, Web Design & Content Manager, State University of New York
  • Grace Valente, Lead Programmer/Analyst - Web Shared Services, State University of New York
  • Carrie Pause, Assistant Director of Security and Web Development, State University of New York

Translation Credit

The State University of New York thanks the following individuals for their assistance in translating this resource:

Language Name Affiliation
Bosnian Azra Delalic  
Chinese (Simplified and Traditional) James McCully Law Student, Syracuse University College of Law
Filipino Raoul Angelo Atadero Law Student, Cornell Law School
French Jody Shipper Exec. Director, Office of Equity and Diversity and Title IX Coordinator, University of Southern California
German Shannon Crane Law Student, Syracuse University College of Law
Stephanie Sheppard Student, SUNY Albany

Matthias Rubekeil

Compliance Associate, Equity & Compliance Services, Johnson & Wales University

Greek Thania Charmani Law Student, Cornell Law School
Italian Tom Dioguardi Owner, Dioguardi Auto Sales, Inc.
Francesco Paolo Nardacchione  
Japanese Jonathan Gambier Admissions Assistant for International Students, Herkimer Community College
Khmer Hannah Phan Senior Lecturer, Cornell University
Korean H.S. Albert Jung Law Student, Cornell Law School
Montenegrin Ilijana Kalezic Immigration Officer/DSO, Office of International Programs and Law Student, Seton Hall University
Portugese Sally Crimmins Villela Assistant Vice Chancellor for Global Affairs, State University of New York
Portugese (Brazil) Vania Jensen Portuguese Content Editor at Rovi
Romanian Daniela Baban Hurrle International Student Advisor, SUNY Cortland
Russian Alla Brodsky Associate General Counsel, Nassau Community College
Serbian Ilijana Kalezic Immigration Officer/DSO, Office of International Programs and Law Student, Seton Hall University
Spanish Judy Krakower Spanish Teacher, All Saints Academy, Albany New York and Translator, Doctors Without Borders Missions in Dominican Republic
Patricia Martinez de la Vega Mansilla SUNY Cortland International Communications and Culture, New York State Spanish Certified Court Interpreter
Swedish Rose Mirzaie Law Student, Cornell Law School
Turkish Daphne McCurdy Policy Specialist, United States Department of State
Urdu Areeba Thakir Law Student, Cornell Law School

Help Us Translate the Document Into Other Languages

We are always looking to add additional translations of the document to make this information more accessible.  If you or someone you know is fluent in a language not yet translated, please e-mail Project Coordinator Joseph Storch. Thank you in advance to any future volunteers.