Humanitarian Immigration Law, Part II

Size: px
Start display at page:

Download "Humanitarian Immigration Law, Part II"

Transcription

1 Humanitarian Immigration Law, Part II VAWA, U Visas, T Visas, and More Festival of Legal Learning 2019 Kaci Bishop, Clinical Associate Professor of Law

2 VAWA

3 VAWA Allows certain immigrants who are survivors of extreme battery and cruelty to self-petition for a immigrant visa. File I-360 instead of the I-130 petition plus I-485.

4 VAWA: Who is eligible? Noncitizen spouse abused by a US citizen or LPR spouse Noncitizen child abused by a US citizen or LPR parent Noncitizen child (whether or not abused) whose noncitizen parent is abused by a US citizen or LPR spouse Child can be outside the U.S. and be brought in through procedure called following to join

5 VAWA: Requirements Good faith marriage to USC or LPR, or USC/LPR parent is abuser Subjected to battery or extreme cruelty Physical or emotional abuse Evidence of battering or extreme cruelty may include "any credible evidence." Self-petitioner lived with abuser at some time Self-petitioner lives in the U.S. Self-petitioner is person of good moral character

6 Battery and Extreme Cruelty Threats of physical violence Physical violence: hitting, punching, slapping, kicking, biting, etc. Emotional abuse Sexual abuse: forced or coerced sexual activity or contact Threats related to children Threats related to immigration status or deportation Controlling where she goes or who she sees Controlling access to money, food, and other necessities

7 If immediate relative, then may file the I-485 at the same time. Otherwise, have to wait for visa to be available. Self- Petition Process Form Affidavit Exhibits Identity Good Faith Marriage Battery and Cruelty GMC Coverletter brief Any derivative applications? Filed with USCIS Vermont Service Center

8 U & T Visas

9 U and T Visas Created in 2000 Dual aims: Protect victims Promote criminal justice Temporary Nonimmigrant Visas But path to residency Work authorization Apply for family members Broad waiver for inadmissibility

10 U Visa

11 Goals Criminal Justice: Overcome victim fear of detection; encourage reporting and other cooperation. Humanitarian: Protect vulnerable victims; assist domestic violence and other crime survivors.

12 U Visa Requirements INA 101(a)(15)(U); 8 C.F.R , Suffered substantial physical or emotional abuse as a result of being a victim of certain criminal activity Possesses information about the criminal activity Has been helpful, is being helpful, or likely to be helpful in the investigation or prosecution Law enforcement authority certifies helpfulness Criminal activity occurred in the U.S. (or territories) Applicant is admissible or demonstrate eligibility for public interest waiver

13 U Visa: Qualifying Crimes Abduction Abusive Sexual Contact Blackmail Domestic Violence Extortion False Imprisonment Female Genital Mutilation Felonious Assault Fraud in Foreign Labor Contract Hostage Incest

14 U Visa: Benefits Lawful U Visa status for 3 years Longer if victim help still required and has not applied for permanent residence Employment Authorization May apply for permanent status after 3 years Can apply for derivatives: If > 21, spouses and children If < 21, spouses, children, parents, and unmarried siblings who are < 18

15 U Visa: The Wait 10,000/year U Visas for Principal Applicants 140,000 Principal applications pending 24,000 Already on waitlist

16 T Visa

17 Human Trafficking Under Federal and North Carolina law: Minors involved in commercial sexual activity; Adults induced into commercial sexual activity through force, fraud, or coercion; and Children and adults induced to perform labor or services through force, fraud, or coercion; are victims of human trafficking. 22 U.S.C (2014) N.C. Gen. Stat (2013

18 Trafficking Human trafficking is form of modern day slavery in which traffickers lure individuals with false promises of employment and a better life. -USCIS Severe forms of trafficking: Sex trafficking Debt bondage/peonage Involuntary servitude

19 T Visa Requirements INA 101(a)(15)(T); 8 C.F.R Victim of severe form of trafficking Physically present in the U.S. (or territories) because of human trafficking Would suffer extreme hardship if removed or forced to leave Cooperated (or excused from cooperating) with reasonable requests from legal authorities (if >18).

20 Trafficking Recruiting, harboring, transporting, providing, obtaining, or in the case of sex trafficking: patronizing, soliciting, or advertising BY Force, Fraud, or Coercion FOR Commercial Sex Exploitation or Forced Labor

21 Force, Fraud, Coercion Force Physical abuse, assault Sexual assault Physical restraint, confinement, isolation Starvation, dehydration Fraud False promises of romance, marriage, employment, a better life False promises about work and living conditions Use of false travel documents Debt schemes, recruitment traps, withholding wages Forced drug addiction Coercion (physical or psychological) Threat of serious harm to victim, loved ones Threat of deportation or arrest Withholding legal documents Emotional, psychological, or spiritual manipulation Verbal abuse

22 December 19, CFR Removes filing deadline Changes method of evaluation of evidence presented Expands definition of victim of a severe form of trafficking in persons Constricts definition of physical presence on account of trafficking in persons Clarifies factors to evaluate whether victim has complied with reasonable requests from law enforcement Adds new derivative categories and age-out protections; eliminates extreme hardship requirement for derivatives

23 T Visa: Benefits Lawful T Visa status for 4 years Longer if victim help still required and has not applied for permanent residence Employment Authorization May apply for permanent status after 4 years Can apply for derivatives: If > 21, spouses and children If < 21, spouses, children, parents, and unmarried siblings who are < 18 Family members who are in present danger as a result of victim/survivor s cooperation with LEA

24 Other Relief

25 SIJS

26 Special Immigrant Juvenile Status LPR status for Abused, Abandoned, or Neglected Minors. Recipients cannot apply for either parent. State Court must find: Abuse, neglect, or abandonment. Not in the child's best interest to return to his or her home country. Process: State Court Process File Form I-360 with State Court Opinion File Form I-485 when I-360 is approved Terminate Removal Proceedings

27 Cancellation of Removal

28 Cancellation of Removal for Non- LPRs ONLY for immigrants already in deportation proceedings. Rare and limited. Must prove: Have been in U.S. continuously for 10 years Have good moral character, and Have a U.S. citizen or LPR spouse, parent, or child who would suffer extraordinary and extremely unusual hardship if deported. If granted, allowed to apply for legal permanent residence.

29 TPS

30 Temporary Protected Status For people from certain nations with civil unrest or natural disaster With TPS, will not be deported TPS holders can get a work permit No path to permanent residency Current countries: El Salvador, Haiti, Honduras, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, and Yemen. On Oct. 3, 2018, a district court in California enjoined DHS from implementing and enforcing the decisions to terminate TPS for Sudan, Nicaragua, Haiti, and El Salvador, pending further resolution of the case.

31 Deferred Action & Discretionary Relief

32 DACA Deferred Action for Childhood Arrivals Allows recipient to get work permit and avoid deportation Eligibility: Came to U.S. under age 16 (and were under 31 by June ) Continuously resided in US since June 15, 2007 EWI or no other status before June 15, 2012 In school, graduated from school, earned GED or honorably discharged from Coast Guard or armed services No criminal history (no felonies or significant misdemeanors) and do not pose security threat.

33 Other Relief Deferred Action (non-daca) Parole Prosecutorial Discretion

34 Questions?

Immigration Relief for Vulnerable Populations: Human Trafficking, Crime Victims, Domestic Violence and Child Abuse

Immigration Relief for Vulnerable Populations: Human Trafficking, Crime Victims, Domestic Violence and Child Abuse Immigration Relief for Vulnerable Populations: Human Trafficking, Crime Victims, Domestic Violence and Child Abuse December 2011 Web Conference Overview Background T nonimmigrant status for victims of

More information

Immigration Relief for Vulnerable Populations: Human Trafficking, Crime Victims, Domestic Violence and Child Abuse

Immigration Relief for Vulnerable Populations: Human Trafficking, Crime Victims, Domestic Violence and Child Abuse Immigration Relief for Vulnerable Populations: Human Trafficking, Crime Victims, Domestic Violence and Child Abuse Overview Background T nonimmigrant status for victims of Human Trafficking U nonimmigrant

More information

Lawfully Residing Children and Pregnant Women Eligible for Medicaid and CHIP

Lawfully Residing Children and Pregnant Women Eligible for Medicaid and CHIP Lawfully Residing Children and Pregnant Women Eligible for Medicaid and CHIP Last revised JULY 2016 O n July 1, 2010, the Centers for Medicare and Medicaid Services issued guidance on the definition of

More information

IMMIGRATION RELIEF FOR SEXUAL ASSAULT SURVIVORS

IMMIGRATION RELIEF FOR SEXUAL ASSAULT SURVIVORS IMMIGRATION RELIEF FOR SEXUAL ASSAULT SURVIVORS This project was supported by Grant No. 2011-TA-AX-K002 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings,

More information

CHAPTER FIVE OVERVIEW OF IMMIGRATION RELIEF FOR IMMIGRANT VICTIMS OF ABUSE AND CRIME

CHAPTER FIVE OVERVIEW OF IMMIGRATION RELIEF FOR IMMIGRANT VICTIMS OF ABUSE AND CRIME CHAPTER FIVE I. INTRODUCTION OVERVIEW OF IMMIGRATION RELIEF FOR IMMIGRANT VICTIMS OF ABUSE AND CRIME Immigrant victims of domestic abuse and crime are particularly vulnerable in both the criminal and immigration

More information

Immigration Law Basics for Domestic Violence Victim Advocates

Immigration Law Basics for Domestic Violence Victim Advocates Factsheet Immigration Law Basics for Domestic Violence Victim Advocates This factsheet provides basic information on various immigration remedies available to victims of domestic violence and/or certain

More information

Lawfully Present Individuals Eligible under the Affordable Care Act

Lawfully Present Individuals Eligible under the Affordable Care Act Lawfully Present Individuals Eligible under the Affordable Care Act SEPTEMBER 2012 Under the Affordable Care Act of 2010 (ACA), 1 individuals who are lawfully present in the United States will be eligible

More information

Immigration Relief for Immigrant Survivors of Abuse [July 2017]

Immigration Relief for Immigrant Survivors of Abuse [July 2017] Immigration Relief for Immigrant Survivors of Abuse [July 2017] What kind of crime or abuse counts? Battery or extreme Sex or labor trafficking cruelty perpetrated by a USC or LPR spouse or parent or an

More information

Lawfully Present Individuals Eligible under the Affordable Care Act

Lawfully Present Individuals Eligible under the Affordable Care Act Lawfully Present Individuals Eligible under the Affordable Care Act Last revised JULY 2016 U nder the Affordable Care Act of 2010 (ACA), 1 individuals who are lawfully present in the United States will

More information

Homeland Security Investigations Amy Valenzuela Supervisory Special Agent Immigration Options for Crime Victims

Homeland Security Investigations Amy Valenzuela Supervisory Special Agent Immigration Options for Crime Victims Homeland Security Investigations Amy Valenzuela Supervisory Special Agent Immigration Options for Crime Victims DHS Structure DHS Immigration & Customs Enforcement Secret Service Citizenship & Immigration

More information

DV: Barriers to Seeking Help. DV: Power and Control Tactics

DV: Barriers to Seeking Help. DV: Power and Control Tactics BECOMING CULTURALLY COMPETENT Immigration Protections for Victims of Domestic Violence and Other Crimes National Association of Social Workers-AZ Continuing Education Series April 27, 2012 9:00 a.m. 12:00

More information

U Visas. Presented by Rocio S. Becerril, Esq Law Office of RSB

U Visas. Presented by Rocio S. Becerril, Esq Law Office of RSB U Visas Presented by Rocio S. Becerril, Esq. TOPICS WE WILL DISCUSS TODAY Overview of the U visa Current Trends and Issues Questions & Answers The U visa was created through the Victims of Trafficking

More information

IMMIGRATION OPTIONS FOR UNDOCUMENTED CHILDREN & THEIR FAMILIES

IMMIGRATION OPTIONS FOR UNDOCUMENTED CHILDREN & THEIR FAMILIES IMMIGRATION OPTIONS FOR UNDOCUMENTED CHILDREN & THEIR FAMILIES Adriana M. Dinis Contract Attorney- GLS CHILD Gulfcoast Legal Services, Inc. 501 1 st Avenue North, Suite 420 St. Petersburg, FL 33701 (727)

More information

DACA LEGAL SERVICES TOOLKIT Practice Advisory 2 of 7

DACA LEGAL SERVICES TOOLKIT Practice Advisory 2 of 7 DACA LEGAL SERVICES TOOLKIT Practice Advisory 2 of 7 ALTERNATIVE METHODS FOR DACA RECIPIENTS TO LEGALIZE STATUS: FAMILY- BASED PETITIONS, U VISAS, VAWA, K-VISAS, SPOUSE PETITIONS Center for Human Rights

More information

Special Immigrant Juvenile (SIJ) Status & Human Trafficking. Staff Attorney, Immigrant Advocacy Program Legal Aid Justice Center

Special Immigrant Juvenile (SIJ) Status & Human Trafficking. Staff Attorney, Immigrant Advocacy Program Legal Aid Justice Center Special Immigrant Juvenile (SIJ) Status & Human Trafficking May 27, 2016 Tanishka V. Cruz, Esq. Staff Attorney, Immigrant Advocacy Program Legal Aid Justice Center The Child Refugee Crisis Agenda Overview

More information

Immigration Options for Victims of Crime. Presentation Overview. What is Human Trafficking? One of the top three criminal industries in the world

Immigration Options for Victims of Crime. Presentation Overview. What is Human Trafficking? One of the top three criminal industries in the world Immigration Options for Victims of Crime Eric J. Tijerina Refugee and Immigrant Center for Education and Legal Services (RAICES) Presentation Overview Understanding Human Trafficking or trafficking in

More information

Mission Statement. core values. Inclusiveness. Safety. Integrity. Empowerment. Continuous Improvement

Mission Statement. core values. Inclusiveness. Safety. Integrity. Empowerment. Continuous Improvement Immigrant Legal Clinic Mission Statement The mission of the Tennessee Coalition Against Domestic and Sexual Violence is to end domestic and sexual violence in the lives of Tennesseans and to changes societal

More information

Cultural Perspectives Panel

Cultural Perspectives Panel Cultural Perspectives Panel ~~~~~ Fatuma Hussein Rashida Mohamed Olga Alicea Barbara Taylor Dolly Barnes Moderated by: Holly Stover WABANAKI TRIBES OF MAINE Domestic Violence and Sexual Assault Services

More information

Presenters 5/20/2015. U and T Nonimmigrant Status. U and T Nonimmigrant Status May 21, Sarah Bronstein, CLINIC

Presenters 5/20/2015. U and T Nonimmigrant Status. U and T Nonimmigrant Status May 21, Sarah Bronstein, CLINIC U and T Nonimmigrant Status U and T Nonimmigrant Status May 2, 205 Presenters Sarah Bronstein, CLINIC sbronstein@cliniclegal.org Lynette Parker, Santa Clara U. Law School lparker@scu.edu Upcoming Webinars

More information

Immigration Update: Temporary Protected Status

Immigration Update: Temporary Protected Status Immigration Update: Temporary Protected Status January 25, 2018 Agenda Temporary Protected Status - Background Temporary Protected Status Current Status Temporary Protected Status Looking Ahead 2 Temporary

More information

National Symposium. July 7 & 8, Hope, Help, and Healing: A Catholic Response to Domestic Violence and Abuse

National Symposium. July 7 & 8, Hope, Help, and Healing: A Catholic Response to Domestic Violence and Abuse National Symposium July 7 & 8, 2016 Hope, Help, and Healing: A Catholic Response to Domestic Violence and Abuse Jeanne Atkinson Executive Director, Catholic Legal Immigration Network, Inc (CLINIC) Cliniclegal.org

More information

Applying for Immigration Benefits Under VAWA

Applying for Immigration Benefits Under VAWA Applying for Immigration Benefits Under VAWA CORT First Friday Webinar April 3, 2009 Susan E. Reed Immigration Law Support Attorney, MPLP susanree@umich.edu 1 What this one-hour training will cover: How

More information

Anti-Bias Based Policing Immigration 101 & The U & T Visa. February 14, 2018

Anti-Bias Based Policing Immigration 101 & The U & T Visa. February 14, 2018 Anti-Bias Based Policing Immigration 101 & The U & T Visa February 14, 2018 Center for Immigrants Rights Clinic 2 Legal Disclaimer The materials presented are for informational purposes only and not for

More information

NOT FOR REPRODUCTION. Advocating for Children from Immigrant Families: Assessing for Immigration Relief

NOT FOR REPRODUCTION. Advocating for Children from Immigrant Families: Assessing for Immigration Relief Advocating for Children from Immigrant Families: Assessing for Immigration Relief Cristina Ritchie Cooper, JD American Bar Association Center on Children and the Law Elaine M. Kelley, PhD, MSW U.S. Citizenship

More information

Immigration Remedies for Survivors of Domestic Violence. April 4, 2017

Immigration Remedies for Survivors of Domestic Violence. April 4, 2017 1 Immigration Remedies for Survivors of Domestic Violence April 4, 2017 Introduction Immigrants can be particularly vulnerable to crimes like human trafficking, domestic violence and child abuse. Why?

More information

EXPLAINER U VISA: GUIDANCE FOR LOCAL LAW ENFORCEMENT AND INVESTIGATIVE BODIES

EXPLAINER U VISA: GUIDANCE FOR LOCAL LAW ENFORCEMENT AND INVESTIGATIVE BODIES Updated April 2018 U VISA: GUIDANCE FOR LOCAL LAW ENFORCEMENT AND INVESTIGATIVE BODIES by Kendra Sena * EXPLAINER Introduction Immigrants, especially women and children, can be particularly vulnerable

More information

Freedom from Fear: Helping Undocumented Victim of Domestic Violence

Freedom from Fear: Helping Undocumented Victim of Domestic Violence Freedom from Fear: Helping Undocumented Victim of Domestic Violence Legal Aid Foundation of Los Angeles Los Angeles, California October 11, 2010 Leslye Orloff www.iwp.legalmomentum.org Dynamics of Domestic

More information

Cecelia Friedman Levin, ASISTA. Participants will be better able to:

Cecelia Friedman Levin, ASISTA. Participants will be better able to: JUDICIAL RESPONSE TO IMMIGRATION ISSUES IN THE COURTROOM, ASISTA Goals Participants will be better able to: Identify the challenges and barriers that immigrant DV/SA survivors face when going to court

More information

U Visa Interim Regulations Fact Sheet and Guidance

U Visa Interim Regulations Fact Sheet and Guidance National Network to End Violence Against Immigrant Women --- Co-chaired by: Web site: www.immigrantwomennetwork.org Immigrant Women Program, Legal Momentum 1101 14th Street, NW Suite 300 Washington, DC

More information

Basics of Immigration Law. Jojo Annobil The Legal Aid Society Immigration Law Unit

Basics of Immigration Law. Jojo Annobil The Legal Aid Society Immigration Law Unit Basics of Immigration Law Jojo Annobil The Legal Aid Society Immigration Law Unit Why is immigration status important what does it determine? Vulnerability to removal Right to work legally Ability to petition

More information

Basics of Immigration Law

Basics of Immigration Law Basics of Immigration Law Jojo Annobil The Legal Aid Society Immigration Law Unit Why is immigration status important what does it determine? Vulnerability to removal Right to work legally Ability to petition

More information

table 1 Immigrant Victims of Trafficking and Other Serious Crimes: California Benefits Eligibility and Time Limits

table 1 Immigrant Victims of Trafficking and Other Serious Crimes: California Benefits Eligibility and Time Limits table 1 Immigrant Victims of Trafficking and Other Serious Crimes: California Benefits Eligibility and Time Limits Trafficking Victims (Pre-Certification) Trafficking Victims (ORR Certified) U Visa/Interim

More information

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM NOTES. (CT:VISA-1374; ) (Office of Origin: CA/VO/L/R)

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM NOTES. (CT:VISA-1374; ) (Office of Origin: CA/VO/L/R) 9 FAM 41.85 NOTES (Office of Origin: CA/VO/L/R) 9 FAM 41.85 N1 U NONIMMIGRANT VISA a. The U nonimmigrant classification was created to strengthen the ability of law enforcement agencies to investigate

More information

U Visa Interim Regulations Fact Sheet and Guidance (2007)

U Visa Interim Regulations Fact Sheet and Guidance (2007) National Network to End Violence Against Immigrant Women --- Co-chaired by: Web site: www.immigrantwomennetwork.org Immigrant Women Program, Legal Momentum 1101 14th Street, NW Suite 300 Washington, DC

More information

Sarang Sekhavat Federal Policy Director Massachusetts Immigrant and Refugee Advocacy Coalition

Sarang Sekhavat Federal Policy Director Massachusetts Immigrant and Refugee Advocacy Coalition Sarang Sekhavat Federal Policy Director Massachusetts Immigrant and Refugee Advocacy Coalition US Department of Homeland Security US Citizenship and Immigration Services (USCIS) US Immigration and Customs

More information

Governor s Office for Children, Youth & Families. Division for Women

Governor s Office for Children, Youth & Families. Division for Women Governor s Office for Children, Youth & Families Division for Women Southern Arizona Battered Immigrant Women s Project Mission Safety and empowerment for immigrant women and children victims of sexual

More information

Promoting Trusting Relationships between Law Enforcement and Immigrant Communities

Promoting Trusting Relationships between Law Enforcement and Immigrant Communities Immigrant Integration in Ohio: Promoting Trusting Relationships between Law Enforcement and Immigrant Communities Richard Biehl Director and Chief of Police, Dayton Police Department Kathleen Kersh Attorney

More information

Immigration Issues in Child Welfare Proceedings

Immigration Issues in Child Welfare Proceedings Immigration Issues in Child Welfare Proceedings National Council of Juvenile and Family Court Judges June 2014 Steven Weller and John A. Martin Center for Public Policy Studies Immigration and the State

More information

IMMIGRATION RELIEF AVAILABLE FOR ABUSED AND NEGLECTED IMMIGRANT CHILDREN AND YOUTH

IMMIGRATION RELIEF AVAILABLE FOR ABUSED AND NEGLECTED IMMIGRANT CHILDREN AND YOUTH IMMIGRATION RELIEF AVAILABLE FOR ABUSED AND NEGLECTED IMMIGRANT CHILDREN AND YOUTH Outline IMMIGRATION ENFORCEMENT OVERVIEW ROLES AND RESPONSIBILITIES OF CASE WORKERS REPRESENTING IMMIGRANT CHILDREN IN

More information

ADVISORY OPINION. AO (revised)

ADVISORY OPINION. AO (revised) Legal Services Corporation America s Partner For Equal Justice OFFICE OF LEGAL AFFAIRS Subject: ADVISORY OPINION AO-2016-002 (revised) Permissibility of Providing Legal Services to Noncitizen Parents and

More information

U and T Visa Certification Procedures

U and T Visa Certification Procedures U and T Visa Certification Procedures The Watchung Borough Police are required by NJ Attorney General Directive to process U- and T- visa certification requests. The U-visa is an immigration benefit for

More information

Challenges Faced by Immigrant Survivors

Challenges Faced by Immigrant Survivors Goal U visas: Your Role in Helping Immigrant Crime Survivors To provide those who work immigrant survivors of violence with essential information on U visas in order to increase survivor safety. Presented

More information

IMMIGRANT DEFENDANT QUESTIONNAIRE (Re: Padilla Counsel Consultation)

IMMIGRANT DEFENDANT QUESTIONNAIRE (Re: Padilla Counsel Consultation) Attorney Name: Contact : Email Address: IMMIGRANT DEFENDANT QUESTIONNAIRE (Re: ) Please answer every question. Leave NO blanks. You may write Unknown or N/A if necessary. USC stands for U.S. Citizen and

More information

The First Annual Con$umer Law

The First Annual Con$umer Law and present The First Annual Con$umer Law Session 5: The Intersection of Immigration and Consumer Law 11:45 AM - 12:45 PM Vicente Omar Barraza, Principal, Attorney at Law John Richard Laris, Associate

More information

IACP San Diego, California September 29, 2016

IACP San Diego, California September 29, 2016 Immigration and Law Enforcement Tools for Working with Immigrant Survivors Human Trafficking and Other Crimes IACP San Diego, California September 29, 2016 Faculty Introductions Elizabeth Dallam: US Citizenship

More information

CHAPTER TWENTY-FIVE Documents & Evidence in a U Visa Submission

CHAPTER TWENTY-FIVE Documents & Evidence in a U Visa Submission CHAPTER TWENTY-FIVE Documents & Evidence in a U Visa Submission B efore HRI accepts a case, we provide the client with a checklist of items that are required to file for a U Visa. By the time the case

More information

The U Visa. Training for Law Enforcement. Prepared by the International Institute of the Bay Area

The U Visa. Training for Law Enforcement. Prepared by the International Institute of the Bay Area The U Visa Training for Law Enforcement Prepared by the International Institute of the Bay Area OVERVIEW U VISA PURPOSE AND SOURCES BRIEF HISTORY BENEFITS REQUIREMENTS CERTIFICATION OF HELPFULNESS U VISA

More information

SB 1569 FACTSHEET. Expanded Protections For human trafficking Survivors: How to access benefits

SB 1569 FACTSHEET. Expanded Protections For human trafficking Survivors: How to access benefits SB 1569 FACTSHEET What Table of Contents Page 1 Background & Details Page 2 Establishing Eligibility for Trafficking Victims & How to demonstrate that an application has been filed Page 3 Writing a Certification

More information

DACA: What happens next? By Joseph R. Fuschetto, Bunger & Robertson & Frank Martinez, Indiana University, Associate General Counsel

DACA: What happens next? By Joseph R. Fuschetto, Bunger & Robertson & Frank Martinez, Indiana University, Associate General Counsel DACA: What happens next? By Joseph R. Fuschetto, Bunger & Robertson & Frank Martinez, Indiana University, Associate General Counsel DACA: Overview Deferred Action for Childhood Arrivals Purpose: Protect

More information

(C) API GBV 6/7/2017. Immigration 101: A Webinar for Domestic Violence Victim Advocates. June 6, 2017 Grace Huang, Policy Director

(C) API GBV 6/7/2017. Immigration 101: A Webinar for Domestic Violence Victim Advocates. June 6, 2017 Grace Huang, Policy Director Immigration 101: A Webinar for Domestic Violence Victim Advocates June 6, 2017 Grace Huang, Policy Director Asian Pacific Institute on Agenda: What Will Be Covered Basic Overview of Immigration System

More information

ELIGIBILITY. Applicant

ELIGIBILITY. Applicant Comparison Chart of U visa, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA) 1 By: Krisztina E. Szabo & Leslye E. Orloff September 12, 2017 U Visa Special Immigrant

More information

5 year bar unless pregnant or child<21. pregnant or child<21. pregnant or child< 21

5 year bar unless pregnant or child<21. pregnant or child<21. pregnant or child< 21 Health Coverage Crosswalk: Eligibility by Immigration Status Copyright March 2013 Benefit Related Immigration Classifications Lawfully Present5 Qualified Aliens Immigration Status Lawful Permanent Resident

More information

Program Letter Violence Against Women Act 2006 Amendments

Program Letter Violence Against Women Act 2006 Amendments Legal Semi- Corporation America's Partner For Equal Justice Program Letter 06-2 TO: FROM: All LSC Program Directors Helaine M. Barnett, President DATE: February 2 1,2006 SUBJECT: Violence Against Women

More information

Making the Best of the Wait: Community Education and Screening December 10, 2015

Making the Best of the Wait: Community Education and Screening December 10, 2015 Making the Best of the Wait: Community Education and Screening December 10, 2015 Today s Presenters Capacity Building Nathaly Perez, nperez@cliniclegal.org Training and Legal Support Ilissa Mira, imira@cliniclegal.org

More information

Immigration Relief for Unaccompanied Minors

Immigration Relief for Unaccompanied Minors Immigration Relief for Unaccompanied Minors Refugee and Immigrant Center for Education and Legal Services (RAICES) Jonathan Ryan, Executive Director American Bar Association, Commission on Immigration

More information

OPPORTUNITIES AND OBSTACLES IN U VISAS

OPPORTUNITIES AND OBSTACLES IN U VISAS OPPORTUNITIES AND OBSTACLES IN U VISAS Gloria A. Goldman(dl), Tucson, AZ Karl W. Krooth, San Francisco, CA Gail L. Pendleton, Plymouth, MA Statutory and Regulatory Authority INA 101(a)(15)(U) Status eligibility

More information

AICUM Spring Symposium at The College Of The Holy Cross March 23, 2017 Iandoli Desai & Cronin, PC 38 Third Avenue, Suite 100 Boston, Massachusetts

AICUM Spring Symposium at The College Of The Holy Cross March 23, 2017 Iandoli Desai & Cronin, PC 38 Third Avenue, Suite 100 Boston, Massachusetts AICUM Spring Symposium at The College Of The Holy Cross March 23, 2017 Iandoli Desai & Cronin, PC 38 Third Avenue, Suite 100 Boston, Massachusetts 02129 Richard L. Iandoli, Esq. Boston Office: 617.482.1010

More information

Immigration and Child Trafficking: Indicia and Options for State Court Intervention

Immigration and Child Trafficking: Indicia and Options for State Court Intervention Immigration and Child Trafficking: Indicia and Options for State Court Intervention Steven Weller San Diego, California March 24, 2015 Human Trafficking and the State Courts Collaborative: Contact Information

More information

Click to edit Master title style

Click to edit Master title style 3/29/2017 1 Workshop 2.4 Presenters Pathways to Freedom: Finding Hope through Immigration Assistance 1:45 2:45 p.m. Mario Gonzalez, Program Manager Centro La Familia Advocacy, Inc. 3/29/2017 2 Workshop

More information

Webinar. Safety Planning for Survivors in Light of Immigration Enforcement and DHS New Policies

Webinar. Safety Planning for Survivors in Light of Immigration Enforcement and DHS New Policies Webinar Safety Planning for Survivors in Light of Immigration Enforcement and DHS New Policies Background VAWA: Legislative History Congress created immigration protection for immigrant victims of domestic

More information

Hope, Help, and Healing: A Catholic Response to Domestic Violence and Abuse

Hope, Help, and Healing: A Catholic Response to Domestic Violence and Abuse Hope, Help, and Healing: A Catholic Response to Domestic Violence and Abuse Intro speakers Cecelia Friedman Levin Senior Policy Counsel at ASISTA Immigration Assistance Leslye Orloff Adjunct Professor

More information

Temporary Protected Status (TPS) Bills. ASPIRE TPS Act 2017 (H.R. 4384) Rep. Yvette Clarke (D-NY) 14 (As of Jan 19, 2018) Bipartisan

Temporary Protected Status (TPS) Bills. ASPIRE TPS Act 2017 (H.R. 4384) Rep. Yvette Clarke (D-NY) 14 (As of Jan 19, 2018) Bipartisan Temporary Protected Status (TPS) Bills Title ESPERER Act of 2017 (H.R. 4184) American Promise Act of 2017 (H.R. 4253) ASPIRE TPS Act 2017 (H.R. 4384) TPS Act (H.R. 4750) SECURE Act (S. 2144) Sponsor Rep.

More information

Addressing Human Trafficking in the State Courts NACM Annual Conference July 15, 2013

Addressing Human Trafficking in the State Courts NACM Annual Conference July 15, 2013 Addressing Human Trafficking in the State Courts NACM Annual Conference July 15, 2013 John Martin Marla Moore David Slayton Steven Weller Why Human Trafficking is Important for the State Courts There are

More information

Improving Child Protection Practice for Immigrant Families Experiencing Domestic Violence

Improving Child Protection Practice for Immigrant Families Experiencing Domestic Violence Improving Child Protection Practice for Immigrant Families Experiencing Domestic Violence Judge Susan M. Breall, Superior Court for the City and County of San Francisco Melissa Mangiaracina, JD, National

More information

You may request consideration of deferred action for childhood arrivals if you:

You may request consideration of deferred action for childhood arrivals if you: 1 of 16 8/3/2012 1:30 PM Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border

More information

Remedies for Youth, Adolescents and Young Adult Victims

Remedies for Youth, Adolescents and Young Adult Victims Remedies for Youth, Adolescents and Young Adult Victims August 6, 2014 Workshop II, Session C New Orleans, LA 08/06/2014 1 THIS PROJECT WAS SUPPORTED BY GRANT NO. 2013-TA-AX-K009 AWARDED BY THE OFFICE

More information

Practical Considerations for the Pro Bono Asylum Practitioner

Practical Considerations for the Pro Bono Asylum Practitioner Practical Considerations for the Pro Bono Asylum Practitioner Ted Bosquez & Taylor Pullins Vinson & Elkins L.L.P. March 2, 2012 Presentation Overview Ethical Obligations and Duties to Clients Framework

More information

Combating Human Trafficking HOMELAND SECURITY INVESTIGATIONS

Combating Human Trafficking HOMELAND SECURITY INVESTIGATIONS Combating Human Trafficking HOMELAND SECURITY INVESTIGATIONS Protecting the Borders Against Illicit Trade, Travel, and Finance Tenaz H. Dubash, Homeland Security Investigations HSI New York ELEMENTS OF

More information

Immigration Law Overview

Immigration Law Overview Immigration Law Overview December 13, 2017 Dalia Castillo-Granados, Director ABA s Children s Immigration Law Academy (CILA) History Immigration Laws Past & Present Sources for Current Laws Types of Immigration

More information

Deborah Weissman, Reef C. Ivey II Distinguished Professor of Law. Hannah Gill, Assistant Director, Institute for the Study of the Americas

Deborah Weissman, Reef C. Ivey II Distinguished Professor of Law. Hannah Gill, Assistant Director, Institute for the Study of the Americas Deborah Weissman, Reef C. Ivey II Distinguished Professor of Law Hannah Gill, Assistant Director, Institute for the Study of the Americas Ilana Dubester, Immigrant Advocate This workshop is sponsored by

More information

PART I: Legal Rights and Resources Available to Immigrant Victims of Domestic Violence and Other Crimes in the United States

PART I: Legal Rights and Resources Available to Immigrant Victims of Domestic Violence and Other Crimes in the United States Page 1 of 7 Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa Fact Sheet Purpose Immigrants are

More information

Immigration Issues in New Mexico. Rebecca Kitson, Esq

Immigration Issues in New Mexico. Rebecca Kitson, Esq Immigration Issues in New Mexico Rebecca Kitson, Esq Immigration Status United States Citizens (USC s): born in U.S., naturalized, or acquired/derived Lawful Permanent Residents (LPR s / green card holders

More information

TRENDS IN IMMIGRATION LAW IN HIGHER EDUCATION

TRENDS IN IMMIGRATION LAW IN HIGHER EDUCATION TRENDS IN IMMIGRATION LAW IN HIGHER EDUCATION AICUM Fall Symposium at The College Of The Holy Cross October 5, 2017 Iandoli Desai & Cronin, PC 38 Third Avenue, Suite 100 Boston, Massachusetts 02129 Richard

More information

IMMIGRATION UNDER THE NEW ADMINISTRATION WHAT TO EXPECT AND HOW TO PREPARE

IMMIGRATION UNDER THE NEW ADMINISTRATION WHAT TO EXPECT AND HOW TO PREPARE IMMIGRATION UNDER THE NEW ADMINISTRATION WHAT TO EXPECT AND HOW TO PREPARE COMPARISON OF THE OBAMA & TRUMP ADMINISTRATION OBAMA Priority system of deportationfocus on high priority cases such as 1) arriving

More information

Status Eligibility Definition SAVE Code Documentation Card Documentation

Status Eligibility Definition SAVE Code Documentation Card Documentation Lawfully Residing Noncitizen Children Lawful Permanent Resident Refugee Status Definition SAVE Code Documentation Card Documentation 5-Year Wait Eliminated Also known as Qualified Immigrants. LPRs have

More information

USCIS PUBLISHES NEW RULE FOR NONIMMIGRANT VICTIMS OF CRIMINAL ACTIVITY

USCIS PUBLISHES NEW RULE FOR NONIMMIGRANT VICTIMS OF CRIMINAL ACTIVITY Communications News Release September 5, 2007 Contact: USCIS Communications 202-272-1200 USCIS PUBLISHES NEW RULE FOR NONIMMIGRANT VICTIMS OF CRIMINAL ACTIVITY U-Visas Will Provide Temporary Immigration

More information

Federal Efforts and Legislation

Federal Efforts and Legislation Federal Efforts and Legislation Combating Sexual Exploitation and Trafficking: The Mann Act of 1910 This act was originally created to combat forced prostitution and debauchery. The Mann act made it a

More information

KNOW your RIGHTS. Read about your rights in this country SURVIVING DOMESTIC ABUSE IN THE USA SAFE (7233)

KNOW your RIGHTS. Read about your rights in this country SURVIVING DOMESTIC ABUSE IN THE USA SAFE (7233) KNOW your RIGHTS Read about your rights in this country SURVIVING DOMESTIC ABUSE IN THE USA 1-800-799-SAFE (7233) 1 By Alicia (Lacy) Carra, Leslye E. Orloff NO ONE EVER DESERVES TO BE HURT BY DOMESTIC

More information

IMMIGRATION RELIEF FOR HUMAN TRAFFICKING VICTIMS: FOCUSING THE LENS ON THE HUMAN RIGHTS OF VICTIMS I. INTRODUCTION

IMMIGRATION RELIEF FOR HUMAN TRAFFICKING VICTIMS: FOCUSING THE LENS ON THE HUMAN RIGHTS OF VICTIMS I. INTRODUCTION IMMIGRATION RELIEF FOR HUMAN TRAFFICKING VICTIMS: FOCUSING THE LENS ON THE HUMAN RIGHTS OF VICTIMS CAROLE ANGEL, ESQ. * I. INTRODUCTION Human Trafficking is a horrific crime that subjects its victims to

More information

Chapter 4: Amerasians and Other Eligible Individuals

Chapter 4: Amerasians and Other Eligible Individuals Amerasians Chapter 4: Amerasians and Other Eligible Individuals Definition Amerasians acquire status under the Amerasian Homecoming Act, Section 584 of the Foreign Operations, Export Financing and Related

More information

IMMIGRATION STATUS FOR VICTIMS OF WORKPLACE CRIME

IMMIGRATION STATUS FOR VICTIMS OF WORKPLACE CRIME IMMIGRATION STATUS FOR VICTIMS OF WORKPLACE CRIME Sheerine Alemzadeh, Chicago Alliance Against Sexual Exploitation Eunice Cho, Southern Poverty Law Center Sonia Parras Konrad, ASISTA Trisha Teofilo Olave,

More information

Adjustment of Status for T Nonimmigrants By Sarah Bronstein

Adjustment of Status for T Nonimmigrants By Sarah Bronstein Adjustment of Status for T Nonimmigrants By Sarah Bronstein The Victims of Trafficking and Violence Protection Act of 2000 created two new immigration benefits, T and U nonimmigrant status, in an effort

More information

Chapter 1 CHAPTER 1 INTRODUCTION TO HARDSHIP AND THE MANUAL. This chapter includes:

Chapter 1 CHAPTER 1 INTRODUCTION TO HARDSHIP AND THE MANUAL. This chapter includes: CHAPTER 1 INTRODUCTION TO HARDSHIP AND THE MANUAL Hardship in Immigration Law Chapter 1 This chapter includes: 1.1 Introduction... 1-1 1.2 How Does Hardship Come into Play?... 1-1 1.3 Hardship Is a Discretionary

More information

GUIDE FOR DETAINED IMMIGRANTS

GUIDE FOR DETAINED IMMIGRANTS GUIDE FOR DETAINED IMMIGRANTS 1119 Pacific Avenue, Suite 1400 Tacoma, WA 98402 253-383-0519 877-814-6444 253-383-0111 (fax) The Northwest Immigrant Rights Project (NWIRP) is a non-profit organization.

More information

6 DACA (Deferred Action for Childhood Arrivals)

6 DACA (Deferred Action for Childhood Arrivals) 6 On June 15, 2012, President Obama directed the United States Department of Homeland Security (DHS) to implement a new program called Deferred Action for Childhood Arrivals (DACA). DACA allows undocumented

More information

Screening TPS Beneficiaries for Other Potential Forms of Immigration Relief. By AILA s Vermont Service Center Liaison Committee 1

Screening TPS Beneficiaries for Other Potential Forms of Immigration Relief. By AILA s Vermont Service Center Liaison Committee 1 Screening TPS Beneficiaries for Other Potential Forms of Immigration Relief Background Information By AILA s Vermont Service Center Liaison Committee 1 When assisting a client with renewing their Temporary

More information

Community Workshop: Shining the Light on Violence Against Immigrant Women

Community Workshop: Shining the Light on Violence Against Immigrant Women Community Workshop: Shining the Light on Violence Against Immigrant Women Presented by Centre County Women s Resource Center s Civil Legal Representation Project and Penn State Law s Center for Immigrants

More information

TPS and DACA Programs. HR Connections April 19, 2018

TPS and DACA Programs. HR Connections April 19, 2018 TPS and DACA Programs HR Connections April 19, 2018 U.S. Department of Homeland Security (via USCIS) may grant TPS for a certain period of time to eligible nationals (who are already in the U.S.) of certain

More information

SALEM COUNTY PROSECUTOR S OFFICE

SALEM COUNTY PROSECUTOR S OFFICE SALEM COUNTY PROSECUTOR S OFFICE Standard Operating Procedure COUNTYWIDE DIRECTIVE CW #: 19-001 # OF PAGES: 12 SUBJECT: DEALING WITH THE IMMIGRANT COMMUNITY EFFECTIVE DATE: February 13, 2019 BY THE ORDER

More information

Promoting Safety Through Successful Family Court Outcomes When Family and Immigration Laws Intersect

Promoting Safety Through Successful Family Court Outcomes When Family and Immigration Laws Intersect Promoting Safety Through Successful Family Court Outcomes When Family and Immigration Laws Intersect Leslye E. Orloff IVAT-San Diego, California August 30, 2016 1 Opportunities to enhance just outcomes

More information

SPECIAL IMMIGRANT JUVENILE STATUS

SPECIAL IMMIGRANT JUVENILE STATUS SPECIAL IMMIGRANT JUVENILE STATUS Professor Sarah Rogerson, Director of the Immigration Law Clinic Margaret Burt, Esq., Child Welfare Attorney January 24, 2018 Child Migrant Crisis at the Southern Border

More information

United States Court of Appeals

United States Court of Appeals United States Court of Appeals FOR THE EIGHTH CIRCUIT No. 11-2771 Mary Mwihaki Hamilton, * * Petitioner, * * Petition for Review of v. * an Order of the Board * of Immigration Appeals. Eric H. Holder,

More information

Muslim Ban Executive Order Enforcement Executive Orders Sanctuary City Executive Order Supporting the RAISE Act Ending Temporary Protected Status

Muslim Ban Executive Order Enforcement Executive Orders Sanctuary City Executive Order Supporting the RAISE Act Ending Temporary Protected Status Muslim Ban Executive Order Enforcement Executive Orders Sanctuary City Executive Order Supporting the RAISE Act Ending Temporary Protected Status (TPS) designations Rescinding DACA Ongoing threats to reduce

More information

ASSISTING IMMIGRANT CHILDREN AND FAMILIES. June 22, 2017

ASSISTING IMMIGRANT CHILDREN AND FAMILIES. June 22, 2017 ASSISTING IMMIGRANT CHILDREN AND FAMILIES June 22, 2017 Important Disclaimer This presentation is based on information currently available. Many changes in the law are expected, and anyone who is directly

More information

OVERVIEW OF IMMIGRATION CONSEQUENCES ANALYSIS

OVERVIEW OF IMMIGRATION CONSEQUENCES ANALYSIS 1 OVERVIEW OF IMMIGRATION CONSEQUENCES ANALYSIS May 2015 2 Padilla v. Kentucky: Defense counsel is constitutionally obligated to provide affirmative, correct advice about immigration consequences to noncitizen

More information

PRESIDENT TRUMP S EXECUTIVE ORDERS ON IMMIGRATION

PRESIDENT TRUMP S EXECUTIVE ORDERS ON IMMIGRATION PRESIDENT TRUMP S EXECUTIVE ORDERS ON IMMIGRATION Disclaimer: This advisory has been created by The Legal Aid Society, Immigration Law Unit. This advisory is not legal advice, and does not substitute for

More information

Disclaimer. Image source: 2

Disclaimer. Image source:   2 1 Disclaimer This presentation is not a substitute for legal advice from an attorney Resources are available at https://pennstatelaw.psu.edu/im migration-after-election Image source: http://robcorry.com/disclaimer/

More information

Office of the State Public Defender

Office of the State Public Defender Office of the State Public Defender 2012 Annual Criminal Defense Conference Advising Non-Citizen Clients: Defense Counsel s Obligations Bradley J. Schraven Immigration Practice Coordinator Topics of Discussion

More information

This session will cover:

This session will cover: IMMIGRATION BASICS FOR BENEFITS PURPOSES Iris Gomez Massachusetts Law Reform Institute 40 Court Street, Suite 800 Boston, MA 02108 (617) 357-0700 ext. 331 igomez@mlri.org This session will cover: Identifying

More information

Protecting Immigrant Women and Girls Fleeing Violence

Protecting Immigrant Women and Girls Fleeing Violence Immigration Remedies for Survivors of Sexual and Domestic Violence Presented by: Kathryn Finley Immigration Staff Attorney Tahirih Justice Center Objectives Provide overview of Tahirih Justice Center services.

More information