Representing Minors in Immigration

1. Representing Minors in Immigration CLE Presented by Angela L. Williams The Law Offices of Angela L. Williams, LLC 4235 Baltimore Ave Kansas City, MO 64111 816-531-2166 (T) 816-531-2444 (F)angie.williams@me.com www.williamslawkc.com And Robert Sagastume KSMODA Organizer Mailing Address: 4235 Baltimore Kansas City, MO 64111 Bobsagastume@gmail.com ABA’s Equal Access to Justice Conference St. Louis, MO May 9-11, 2013

2. My Client is an Immigrant. Now what? In all representation, it is important to verify the whether the client is a US citizen. Non-citizens, especially undocumented people may have immigration options.

3. Types of “Victim’s” Visas • U Visa- Crime victim’s visa • T Visa- Visa for the victims of Human Trafficking • VAWA-Violence Against Women Act- Visas for abused spouses or children of US Citizens or Permanent Residents • Juvenile Visas- Special Juvenile Immigrants or Unaccompanied Minors • Deferred Action-Temporarily Stops Physical Deportation • DACA- Deferred Action for Childhood Arrivals • Asylum

4. U Visas • Visa for Victims of Crimes • Goal- to encourage undocumented people to report crimes and cooperate with law enforcement • Can be found at INA § 101(a)(15)(u)-Definitions; §214(p)-Numerical limits and procedure; §245(m) adjustment of status: & 8 CFR §214 • Requires the person 1. Was a victim of a crime listed in the regs or other serious crime; 2. The person has information important to the investigation of the case 3. The person was or is being helpful; 4. The person suffered “permanent harm” as a result of being a victim; 5. The application must include a certification from investigating body, a prosecutor or judge of the persons helpfulness.

5. U Visas Continued • If approved gives the person and certain derivatives legal status and the right to work for 3 years • At the end of 3 years the person may self petition for Lawful Permanent Residency • After 5 years of Residency the person my self petition for US Citizenship • Waives almost everything except genocide and being a Nazi

6. T Visas • Be a victim of a severe form of trafficking in persons • Be physically present in the US as a result of the trafficking • Comply with any reasonable request for assistant or prosecution • Have Suffered extreme hardship involving unusual and severe harm upon removal from the US

7. T Visas • Can self petition • Some family members can be included • Eligible to work in the US • 4 year visa • May self petition for Lawful Permanent Residency After 4 years • Pro- No need for the certification • Con- Higher level of proof of meeting the trafficking definition

8. VAWA • Not just for women, can be abused men or children (USC or LPR) or parents (USC only) • Abuser must be USC or LPR: This statute takes the place of the Abusing Petitioner • Self Petitioning • Is or was married to USC or LPR/child of USC or LPR or Parent of USC

9. VAWA • Subjected to battery or extreme cruelty by the abuser • Resides or resided with the abuser • Good moral character • Pro- Do not need a sponsor and is self petitioning, can work, can remarry after petition is approved, can have derivatives; can apply to 751 as well as initial residency; Can apply for residency immediately if you qualify; 3 years to NATZ

10. VAWA • Cons: GMC not auto-waived like with U’s and T’s; Criminal history might make you ineligible; Multiple entries, deportations, Voluntary returns might make you ineligible; If married to a LPR you have to wait for the priority date; Common law marriage very hard to prove: No benefit if abuser is undocumented (though U might be available)

11. SIJS-Special Immigrant Juvenile Status • Abused, abandoned or neglected children- SIJS- Special immigrant juvenile status- Requires a guardian, maybe even one parent, needs state court action followed by immigration petition that takes them directly to LPR • Problems in Missouri with Commissioners • Unfriendly Judges

12. SIJS Continued • Juveniles in State Juvenile Court system • Juveniles in Federal Custody • MUST have a state juvenile court dependency order • Dept of Health and Human Services has responsibility for care and custody of unaccompanied minors in federal custody • May be able to file an asylum application in some situations

13. SIJS Continued • Pros- One Stop Shop from undocumented to LPR; waives many things but not everything; Gives you until 21 to apply for the immigration benefit; Quick adjudication (180 days); Eligible to work; Cannot apply for abusive parents • Cons- have to be under 18 to get the state order but you have until 21 to apply for the immigration benefit; have to have a state court finding that the child needs a guardian not solely for immigration purposes; tricky if there are multiple entries or if even 1 parent of the child is in the US (though not impossible)

14. Asylum • Gangs • Abuse • Sexual Assault or abuse • Lack of Children’s Services • http://cgrs.uchastings.edu • Center for Gender and Refugee Studies

15. Deferred Action • Temporarily stops a physical removal • Can sometimes get work authorization • File by using Form ICE form I-246 • Usually have to have a reason

16. DACA-Deferred Action for Childhood Arrivals aka Obama’s Back Door Amnesty • In high school now, graduated from high school or now in GED or English Class • No Felonies, DUI’s, DV, drugs, guns, sex abuse, burglary, “Significant Misdemeanors, no more than 3 non-significant misdemeanors • At least 15 when applying • Arrived in the US Prior to 16th B-day • Arrived in US prior to June 15, 2007 • No older than 31 on June 15, 2012 • Continuous physical presence from June 15, 2007-Present

17. You may be the first person to hear this story • Representing victims means building a trust relationship with them. • This relationship sometimes takes time to develop • Be aware of your own limitations and preconceptions • Be courteous and do not dismiss what the person is saying

18. Considerations • Be aware of the cultural and social implication of what the client is telling you • Be aware that you will probably not get the whole story the first time • Be aware that depending on the trauma to the victim their story might be disjointed and have later remembered details • Be aware they may even lie because of shame or embarrassment

19. Other issues • Victim’s Statement • Your job as the editor or re-writer or transcriber • Working with very traumatized people • Working with translators/interpreters • What if the client has cold feet later? • What if he or she is still living with the abuser? • Working with difficult police, prosecutors or court victim’s advocates

20. Questions?