# ImmigrationLaw #FBA

CLIENT OPTIONS: DETERMINING APPROPRIATE RELIEF Moderator: Lena Graber, Staff Attorney, ILRC Gina Amato, Senior Staff Attorney, Public Counsel, Immigrants’ Rights Project Esther Limb, Senior Staff Attorney, Her Justice #ImmigrationLaw #FBA

Panel Overview • Discuss practice tips on screening for different forms of relief • Provide overview of eligibility requirements • Determine how to choose best form of relief #ImmigrationLaw #FBA

Why Screen for So Many Forms of Relief? • Undocumented immigrants may be eligible for existing forms of immigration relief and not know it. • 14+% of those DACA-eligible found to be potentially eligible for other relief. • Make the most of your contact with community members. #ImmigrationLaw #FBA

Screening Goals • Screening: Identifying whether a person might be eligible for immigration relief • Opportunities for screening: • Individual case consultations • Legal workshops (e.g. DACA workshops) • Community immigration forums: • With onsite legal screening • With referral information • Using self-screening tools • Screening is not a conclusive determination of eligibility #ImmigrationLaw #FBA

Strategies on Screening • Build rapport with client • Assure the client that the conversation is confidential • Warn client that you may ask personal or sensitive questions • Explain why you are asking such questions • Ask pointed questions that relate directly to eligibility #ImmigrationLaw #FBA

Common Forms of Humanitarian Relief #ImmigrationLaw #FBA

Violence Against Women Act (VAWA) Self-Petitions and Hardship Waivers #ImmigrationLaw #FBA

Eligibility Under VAWA • Abused spouse of USC or LPR* • Non-abused spouse of a USC or LPR whose child is abused by the USC or LPR spouse* • Abused child of USC or LPR* • Exception: If over 21 and under 25 and were eligible to self-petition before 21st birthday but did not, can still apply if abuse was “at least one central reason” for filing delay • Abused parent of USC daughter or son * can include children as derivatives #ImmigrationLaw #FBA

VAWA Eligibility Requirements Self-Petitioner must show: • Family relationship (spouse, child, parent) • Good faith marriage (if abused spouse) • Battery or extreme cruelty to self (or child) • E.g. physical abuse, emotional abuse (e.g. insults), threatening to beat or terrorize, forcing to have sex when not wanted, threatening to take child away or hurt them, threatening to deport or call immigration, controlling activity, forced detention, other pattern of abusive behavior • Status of the abuser (LPR or USC) • Good moral character • Residence with the abuser #ImmigrationLaw #FBA

VAWA Self-Petitioning Benefits Obtain immigration status without the abuser’s assistance or knowledge Step 1: File I-360 (self-petition) • If “apparently approvable” govt aid (e.g., Medicare and TANF) • Adjudicated in one central location • Derivative children included • Concurrent work authorization • Any credible evidence standard If self-petition approved deferred action #ImmigrationLaw #FBA

VAWA Self-Petitioning Benefits Step 2: Adjustment of Status/Consular Process • Certain inadmissibility waivers • Legal status for derivative children • More public benefits in some states If approved  green card #ImmigrationLaw #FBA

I-751 Waiver for Conditional* LPR To remove the conditions on residence, Self-Petitioner must show: Good faith marriage; AND • Battery or Extreme cruelty; or • Death of sponsoring spouse; or • Divorce; or • Undue hardship *Green card is conditional because marriage is less than two years at the time of the initial grant #ImmigrationLaw #FBA

I-751 Waiver Benefits Petitioner can remove conditions on residence without the abuser’s assistance or knowledge • Can file at any time • Any credible evidence standard • If approved conditions on residence removed and receive 10 year green card #ImmigrationLaw #FBA

U Nonimmigrant Status AKA The “U Visa” #ImmigrationLaw #FBA

U Visa Eligibility Requirements • Victim of a statutorily-listed crime in violation of U.S. law or in territories/possessions • Helpfulness in a criminal investigation or prosecution • Substantial physical or mental abuse • Law enforcement certification of helpfulness • Any credible evidence standard #ImmigrationLaw #FBA

Victims • Applicant must be a “victim” • Direct victim • Direct and proximate harm • Bystanders who suffer unusually direct injury • Indirect victim • Certain family members if direct victim is deceased due to murder or manslaughter, or incapacitated or incompetent • Spouse • Children under 21 and unmarried • Parents and siblings under 18 if the direct victim is under 21 years old • Age at time of qualifying criminal activity #ImmigrationLaw #FBA

U Visa Procedure • Obtain law enforcement certification – must file within 6 months of receiving certification • File all forms with Vermont Service Center • There are no filing fees (except for I-192) • There is no interview SB 674: CA law effective 2016 provides guidance to law enforcement and requires response within 90 days! #ImmigrationLaw #FBA

U Visa Benefits • Four years nonimmigrant status • Employment authorization • Can include derivative family members • Can apply for lawful permanent residence after 3 years of U nonimmigrant status • Can waive almost any inadmissibility ground! • Public benefits in some states upon application #ImmigrationLaw #FBA

UGH! The Waitlist Limit of 10K U visa per year + 95K cases currently pending = A VERY LONG wait and a slightly different process #ImmigrationLaw #FBA

“T Visa” for Victims of Human Trafficking #ImmigrationLaw #FBA

T Visa Eligibility • Is or has been a victim of severe trafficking (sexual or labor) • Is physically present in the U.S. or at a point of entry on account of the trafficking • Has complied with any reasonable request for assistance in investigating or prosecuting the trafficking (if 18 or older) • Would suffer extreme hardship involving severe and unusual harm upon removal • Is admissible to the United States or eligible for a wavier #ImmigrationLaw #FBA

T Visa Benefits • Four years nonimmigrant status • Employment authorization • Can include derivative family members • Can apply for lawful permanent residence after 3 years of T nonimmigrant status OR upon conclusion of investigation of trafficking • Generous inadmissibility waivers • Public benefits #ImmigrationLaw #FBA

Special Immigrant Juvenile Status (SIJS) #ImmigrationLaw #FBA

SIJS Overview Special Immigrant Juvenile Status (SIJS) provides protection for certain undocumented immigrant youth who have been abused, abandoned, or neglected, by allowing them to apply for lawful permanent residents. • ONLY for people under age 21! • Federal and state hybrid: requires finding by a state court first #ImmigrationLaw #FBA

SIJS Eligibility Requirements Youth must: 1) Be under 21 years of age; 2) Be unmarried; 3) Declared a dependent of a juvenile court or placed under the custody of a state agency or individual or entity appointed by the state or court; 4) Reunification with one orboth parents is not viable due to abuse, neglect or abandonment; and 5) Not in youth’s best interest to be returned to country of origin #ImmigrationLaw #FBA

Juvenile Court: Establishing Jurisdiction • If a case is already pending in juvenile court, no need to initiate one • If no case is already pending in a juvenile court, various actions may be available under your state’s law: • Custody suits • Dependency proceedings, including state foster care cases • Delinquency proceedings • Declaratory judgment suits • Guardianship suits • Adoption proceedings • Parentage suits #ImmigrationLaw #FBA

Asylum #ImmigrationLaw #FBA

Asylum Eligibility Requirements • Well-founded fear (physical harm, threats, detention, past persecution) of • Persecution • On account of • A protected ground • race, political opinion, religion, nationality, membership in a particular social group • Persecutor is state actor, or state “unwilling or unable” to control private actor • Cannot safely or reasonably relocate within state #ImmigrationLaw #FBA

Barsto Asylum • One-year filing deadline • Safe third country bar • Previous asylum application denial • Persecutor of others • Particularly serious crime / aggravated felony • Serious nonpolitical crime • National security • Terrorism • Firm resettlement #ImmigrationLaw #FBA

Benefits of Asylum • Offers lawful status • Prevents removal • Employment authorization • Right to travel • Path to legal permanent residency #ImmigrationLaw #FBA

Temporary Protected Status (TPS) #ImmigrationLaw #FBA

TEMPORARY PROTECTED STATUS: Statutory authority: INA §244 • Temporary protection for immigrants from certain countries: • Protection from deportation • Work authorization • Travel authorization • DHS will designate certain countries as eligible for TPS if conditions in the home country prevent that country’s nationals from returning: • Ongoing armed conflict (e.g., civil war) • Natural disaster (e.g., hurricane, flood, earthquake) • Other extraordinary and temporary conditions

TPS Eligibility Requirements: • Citizen of a TPS designated country • Entry before the specified date • Continuous residence • Continuous physical presence • Must register during the initial registration or meet an exception (e.g. children or spouse of someone with TPS; other pending application- asylum) • Must re-register during each re-registration period to maintain status • Be admissible under the grounds of inadmissibility or qualify for a waiver

TPS Eligibility by Country • Each country has a separate registration period • For a complete list of eligible countries visit: http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status#Countries%20Currently%20Designated%20for%20TPS.

DACA #ImmigrationLaw #FBA

DACA Eligibility Requirements • Under the age of 31 as of June 15, 2012; (born after June 15, 1981) • Came to the United States before their 16th birthday; • Continuously resided in the United States since June 15, 2007, up to the present time; • Physically present in the United States on June 15, 2012, and at the time of making their request; • Undocumented as of June 15, 2012 (Entered unlawfully or your lawful immigration status expired) • Currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and • Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety. #ImmigrationLaw #FBA

Benefits of DACA • Employment Authorization • Deportation is deferredfor 2 years, with possibility of renewal – but can be taken away at DHS discretion • Social Security number • State Driver’s License • Traveloutside the U.S. = possible with Advance Parole #ImmigrationLaw #FBA

Take Aways • Don’t miss an opportunity to screen for other relief • ALWAYS screen for citizenship • Don’t forget to screen for asylum! Many people are afraid to go back to their country • Many forms of immigration relief are time-sensitive (e.g., SIJS, asylum, TPS) • Be aware of different bars to eligibility #ImmigrationLaw #FBA

# ImmigrationLaw #FBA