Legal strategies for undocumented immigrants and immigrant victims - - PowerPoint PPT Presentation
Legal strategies for undocumented immigrants and immigrant victims of domestic violence 2 What Well Be Talking About A quick look at our agenda today Tingen & Williams Some background info on our law practice and what we do
Legal strategies for undocumented immigrants and immigrant victims of domestic violence
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A quick look at our agenda today
Some background info on our law practice and what we do
Before you can help the immigrant community its good to know where these people come from and why they are here
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This is an option available to minor children who have been abandoned by one or more parent
While many immigrants are fleeing harm, asylum is complicated and not a good solution for every case.
Options are available for victims of domestic violence in the United States
Everything you’ve wanted to know about tracking anklets on immigrants
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Let’s get started!
Some recent headlines about this possibility
How to get ahold of an immigration expert if you need to know more or if you need help with a specific case
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A Modern Law Firm that Makes a Difference
Tingen & Williams, PLLC was launched in 2012. It expanded in 2014, 2015, and now again in 2016 to include 4 lawyers and multiple office staff. We regularly participate in local pro bono projects, and we provide a wealth of information on our website.
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All attorneys are fluent in Spanish
JACOB TINGEN, ESQ.
Managing Partner
Ben Williams, Esq.
Immigration Law
Trent Powell, Esq.
Estate Planning
Jonathan Jordan, Esq.
Family Law & Criminal Defense
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www.inspirasign.com
About the Knowledge Base
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Learn more about immigration law and other topics at our website
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They love Tingen & Williams
They did good work for me…They solved my immigration problems and I am grateful that I can live in the U.S.
Zein Lemus
Immigration Client
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They love Tingen & Williams
Do you know how hard it is to find a lawyer that you can trust? I’m always telling people about Tingen & Williams. Jacob…is excellent. ”
Sonia Hernandez
Immigration Client
Why are so many immigrants crossing the border now?
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What is happening in Central America?
Honduras, El Salvador, & Guatemala
Most of the immigrants approaching our souther border now are coming from an area known as the “Northern Triangle,” which includes Honduras, El Salvador, and Guatemala. The geography alone makes it difficult to avoid drug trafficking, and the gangs (organized crime) required to run drugs up to the U.S. The drug trafficking and accompanying violence has fueled m a s s i m m i g r a t i o n a n d h u m a n trafficking.
Gangs
The problem of gangs is ironically something that was exported from the U.S.
Mass Immigration
Better to die on the way to the U.S. with hope than in home country with no hope.
Solutions?
Convince everyone in the U.S. to stop abusing drugs? Help Central American governments police?
Deportations
Our deportation & enforcement priorities saturate Central America with criminals and fuel immigration
And other recent border crossers
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What it is and how to take advantage of it
SIJS is available to minor children who cannot be reunified with “one or both” parents as a result of abandonment, abuse, neglect, or a similar reason under state law. Single-parent SIJS is widely accepted. Many children who are currently eligible for programs like DACA may also be eligible for SIJS.
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how to get a green card for an eligible minor child
Family Court SIJS Petition Immigration Court Green Card Application Interview Get Green Card Step 01
Need custody order finding that it is “not in the best interest of the child” to return to home country due to abandonment, abuse, neglect,
Step 02
Minor child makes a self- petition for Special Immigrant Juvenile Status. USCIS reviews custody determination and factual findings.
Step 03
Immigration court administratively closes proceedings.
Step 04
Minor child completes green card application, undergoes background check and physical examination.
Step 05
USCIS will interview children
frequently waived, low pressure.
Step 06
Green card should come in the mail shortly after interview. Process is currently taking about 6 to 9 months.
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Family Courts and SIJS
Not all family law judges are familiar with SIJS, and interpretation varies, especially with regards to the “one or both parents” language in the immigration statute.
Criminal Histories and Inadmissibility
Juvenile criminal histories should not impact SIJS determinations much due to BIA precedent stating that juvenile convictions are not criminal convictions under the INA (See Matter of Devison, 22 I&N Dec. 1362 (BIA 2000)); however, differences in interpretation of state law and the application of the INA can cause delays in the process and do have the potential to make a minor child ineligible. Some grounds of inadmissibility don’t affect SIJS determinations, others require a waiver, and still others may make a juvenile ineligible entirely. Appeals should be vigorously pursued.
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When is a child eligible for asylum?
Asylum determinations can only be made on a case-by-case basis. Potential asylum cases should be referred to an experienced immigration attorney. Asylum applicants must prove they have been persecuted due to their membership in a particular social group, and that their home country’s government is either behind the persecution or is unwilling or unable to stop the persecution.
Isn’t there a one year filing requirement?
Yes, but it won’t typically apply to Unaccompanied Minors (UACs). If a parent accompanied the minor, these cases should urgently be referred to competent counsel.
What’s a particular social group?
This is the million dollar question. The BIA attempts to clarify this question every few years, but merely provides more caselaw to argue either side from. Most asylum cases will hang on this determination.
U Visas and VAWA Petitions
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Aren’t U Visas just for domestic violence?
is on it, and other crimes that can be argued to fit within the list may also qualify.
Does an applicant have to suffer?
Yes, it is actually a requirement of the visa. This is why some crimes, generally nonviolent
be made strong through mental health evaluations.
Helping Local Law Enforcement is Key
U Visas hang on two factors. Suffering physical or emotional harm as a a result of being a victim of a crime, and providing assistance to local law enforcement.
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how to get a U Visa for victim of a crime
Supplement B Request Evidence of Suffering Personal Narrative Waiver Requirement Processing Times Green Card in 3 Years Step 01
Form I-918, Supplement B is the law enforcement certification demonstrating that the victim assisted local authorities in prosecuting the crime
Step 02
Applicants have to prove
physical suffering, medical records are typically sufficient. Pictures, mental health evaluations also help.
Step 03
Applicants have to relive and write down the experience to include in their application. A couple of legal requirements must be met in the narrative.
Step 04
Many things can be waived when applying for a U Visa. Other grounds of inadmissibility may not be
fee of $585.
Step 05
U Visas are taking about 18 months for approval. U Visa applicants can include derivative family members in applications.
Step 06
After 3 years in the U.S. in continuous presence, a U Visa holder can apply for residency.
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Who can apply?
Spouses of U.S. citizens and stepchildren of U.S. citizens who have been subjected to abuse can self-petition
Extreme Hardship Requirement
A self-petitioning immigrant must prove extreme hardship to themselves or to a child in the event they are deported. This is easy in some cases—e.g., a U.S. citizen child in the relationship—but more difficult in others.
Can I apply if I am divorced already?
Yes, but you need to apply within 2 years and the reason for the divorce must be related to the abuse suffered.
And what to do about them
What is it and why should it be granted?
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Jacob Tingen, Esq. Tingen & Williams, PLLC 1900 Byrd Avenue, Suite 101E Richmond, VA 23230 P: (804) 477-1720 F: (804) 299-4113 E: jacob@tingenwilliams.com W: https://tingenwilliams.com
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