Expecting a T-Visa Approval, Preparing for an Appeal. Careful Preparations of T Visa Petitions

Transcription

1 Expecting a T-Visa Approval, Preparing for an Appeal Careful Preparations of T Visa Petitions

2 Meet Your Presenters Carolyn Kim, TTA Senior Attorney, CAST Erika Gonzalez, TTA Senior Attorney, CAST Lynette Parker, Associate Clinical Professor, Katharine and George Alexander Community Law Center, Santa Clara University, School of Law Stacie Jonas, Human Trafficking Team Manager, Texas RioGrande Legal Aid

3 Objectives Collectively identify challenge areas for T Visa applications Share strategies on how to approach these challenges Have a group discussion about strategies for appeals and other relief

4 What is a T Visa? Apply for spouses and children If minor, can also apply for Siblings & Parents Gov t benefits, incl. 8 months of cash assistance Live and work in US for 4 years Can apply for green card T visa

5 1. Victim of Severe form of trafficking 2. Is present in US on account of trafficking T Visa Eligibility 3. Complied with reasonable requests for assistance in investigation or prosecution Not required for: Children < 18 or persons with Psychological, physical trauma 4. Would suffer extreme hardship involving unusual and severe harm upon removal

6 8 CFR Regs for T Visa Provides guidance on how to apply for T Visa Updated December 2016, went into effect January 18, 2017 o Preamble provides clarifying language based on past memos and comments

7 Request for Additional Evidence (RFE)Trends Physical Presence on Account of Trafficking Overlapping Crimes Human trafficking/smuggling Human Trafficking/ Domestic Violence Human Trafficking/ Sexual Assault Evidentiary Issues Applicant s Criminal History Request for Medical Examinations Mental Health Prostitution VSC Adjudicator s Concerning Language

8 General Drafting Tips

9 Cover letters that outline the elements of trafficking and T visa eligibility Cover letters and declaration that reflect the same information Include ONLY necessary and relevant information or evidence Provide what is required any credible evidence standard Attorneys often provide contradictory information without explain the contradictions. Cover letters Initial T visa application cover letters are FACTUAL arguments RFE and NOID cover letters are LEGAL arguments Strategies for a Successful T Visa Cover Letters

10 Declaration Most important piece of evidence Focus on elements of T eligibility Cover all grounds of inadmissibility Present facts in light most favorable to client In client s own word don t sound like an attorney

11 How Much Do I Include? Any credible evidence standard Assume that trafficker and their counsel will use immigration declaration to attack client Less is More Being Specific More Credible Use Approximating Language Don t Overexplain Direct Evidence is Best Evidence - Use secondary resources sparingly Only Include What is Required ACT AS THOUGH YOU WILL BE SUBPOENAED

12 8 CFR (g) Present on account of trafficking Means Why are they here today? NOT that they were trafficked into the U.S. Present Still present in US after escape Brought into the U.S. to cooperate w/ LEA or civil litgation Left, but Continued Victimization New Incident of Victimization Not Present Fleeing to the U.S. to escape trafficking Voluntary left Deported/removed from the U.S.

13 Arguing Presence On Account of Trafficking Fear of retaliation Need for services No resources to leave Need to cooperate with LEA Accessing current legal remedies (active civil suit)

14 T Visa Waivers of Inadmissibility Statutory: INA 212(d)(3) &(13); 8 U.S.C. 1182(d)(3) & (13) Regulatory: 8 CFR (d)(13) - Discretion to an admissibility if the inadmissibility was caused by or incident to the trafficking. (d)(3) - Broad discretion by Attorney General for nonimmigrant applicants

15 I-192 Waiver & Tips Try to catch all admissibilities to have them waived. Cannot say any and all the Service may find applicable Explanations for inadmissibilities should be included client declaration AND in supplemental attachment to I-192 Separate declaration not required, but attachment to I-192 is suggested.

16 Appeals Next Steps & Strategies

17 Options after Denial Motion to Reconsider Motion to Reopen Appeal Re-File with new evidence

18 Strategies Review prior submissions, did you succinctly summarize the trafficking scheme and were all T Visa requirements addressed? Citation Sources 2017 T Visa Regulation Preamble Past TIP Reports Caselaw AAO Expert Letter of Support

19 Mechanics of AAO Appeal * Either Applicant or USCIS can send a case to the AAO for review * Cover letter and legal arguments * Mail I-290B, G-28, Fee or fee waiver, and legal arguments to: US Citizenship & Immigration Services Vermont Service Center Attn: T Visa Unit (Form I-290B) 75 Lower Welden Street St. Alban, VT

20 Beyond Appeals Next Steps & Strategies

21 Considerations Is it appealable to district court? Is it going to make good/bad case law? Is there new evidence to be able to re-file the T-Visa? Are there other immigration relief options?

22 Q&A

23 Presenter Contact Info Carolyn Kim, & Erika Gonzalez (CAST) Lynette Parker, (Santa Clara Law) Stacie Jonas, (TRLA)