I Want to Do Pro Bono Work BUT I M SCARED!

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1 I Want to Do Pro Bono Work BUT I M SCARED!

2 I have never done anything in family law or immigration, what if I mess up? CVLS provides tremendous support to their volunteers Legal Server: Allows volunteers to learn key facts about the case and level of difficulty Volunteer resources online: manuals, sample forms, and video explanations Human resources: Full-time attorneys and other CVLS staff are available to answer questions You are not alone

3 Legal Server

4 Volunteer Resources

5 Nuts and Bolts CVLS provides volunteers limited malpractice insurance coverage for the cases they volunteer to take at CVLS CVLS has an attorney code to be used for CVLS cases CVLS can provide access to computers, fax machines, copiers, mailing, etc. to assist you in completing cases on their behalf

6 CVLS Reputation CVLS has an excellent reputation with the judges in Cook County When you decide to provide pro bono work to CVLS, introduce yourself to the judge as a CVLS attorney True Story: A judge in guardianship court thanked me for providing pro bono services

7 PRO BONO WORK IS FUN AND REWARDING

8 Direct Client Interaction For those seeking client-facing experience, CVLS provides opportunities to work directly with clients on their issues

9 Professional Development Opportunity to argue motions Conduct discovery Prepare for trial Interact with judges Invitations to free CLEs

10 Social Benefits Meet new people in the legal profession Support CVLS fundraising efforts Race Judicata Vino and Van Gogh All for a good cause!

11 Pro Bono 101 Family Law

12 Pro Bono 101 Family Law FilinginCookCounty Room802,DaleyCenter Documents needed: Domestic Relations Cover Sheet(2) Petition for Dissolution of Marriage(4) Summons(4) Affidavit of Military Service(3) Certificate of Dissolution of Marriage (form found out clerks office)(2) CLSPFeeWaiverform

13 Pro Bono 101 Family Law Service of Summons and Petition for Dissolution Cook County Sheriff 7 th FloorattheDaleyCenter Service by Publication(Rm. 802) Affidavit of Service by Publication Order for Publication and Wavier of Publication Fees Service by Special Process Server Motion to Appoint Special Process Server PresentMotiontoJudgeonsamedayoffiling

14 Pro Bono 101 Family Law Uncontested Cases FileProSeAppearanceofSpouse (CLSPFeeWaivercanbeused) Certificate and Agreement to Proceed as Uncontested Cause(4) RequestProve UpDateRoom802,DaleyCenter FileNoticeofMotion,tonotifyspouseofproveup date.

15 Pro Bono 101 Family Law Default Cases Need Certificate and Motion for Default If spouse served personally and fails to respond within 30 days, Court has jurisdiction over spouse andcanenterajudgmentonallissues. If spouse was served via publication, court can only grant dissolution of marriage and reserve all other issues. Mustshowcourtthatyoutriedtolocatespouse

16 Pro Bono 101 Family Law Prove up on Uncontested Cases Judgment of Dissolution of Marriage(4) Marital Settlement Agreement(4) Allocation of Parental Responsibilities and Parenting Plan(4) Focus on Children Certificate(1) Uniform Order for Support and Notice to Withhold Certificate and Agreement to Proceed as an Uncontested Cause (4) ProveUpOrder(4) Court Reporter s Information Sheet(1) Order for free transcript(4) Judge s Information Sheet(1) CopyofNoticeofMotion(1)

17 Pro Bono 101 Family Law ProveuponDefaultCases Judgment of Dissolution of Marriage(4)) Uniform Order for Support and Notice to Withhold Certificate and Motion for Default(4) ProveUpOrder(4) Court Reporter s Information Sheet(1) Order for free transcript(4) Judge s Information Sheet(1) CopyofNoticeofMotion(1) Copy of Publication(1)

18 Pro Bono 101 Family Law Prove Up Date Have client(petitioner) present. Prove Up Testimony from Petitioner Prove up Questions available on CVLS Website, under Volunteer resources After prove-up conform all copies if any changes made Mail all orders to other party and file Certificate of Mailing with Clerk Within 28 days, pick up transcript from Court Reporter s office at 69 W. Washington, review, sign anddropoffatclerksoffice.retainonecopy.

19 Pro Bono 101 Family Law Property Allocation 750ILCS5/503 Illinois is an equitable distribution state marital property is divided in equitably not equally factors include: each spouse s contribution to the marital estate homemaking contributions dissipation of marital property length of marriage debt obligations age and health of parties living arrangements for children tax consequences

20 Pro Bono 101 Family Law Maintenance 750 ILCS 5/504 Factors Income and property of each party Needs of each party Realistic present and future earning capacity of each party Impairment of present and future earning capacity of each party Time necessary to enable party seeking maintenance to acquire appropriate education and training Standard of living established during the marriage Duration of marriage Age, health, occupation, amount and source of income, vocational skills, employability, estate, liabilities and needsofeachoftheparties

21 Pro Bono 101 Family Law If court determines maintenance is appropriate pursuant to 504(a) then court applies guidelines Ifcombinedgrossincomeoffamilyislessthan$250kandthepayor has no obligations to pay child support or maintenance from a prior relationship Amount: Payor gross income times 30% less Payee gross income times 20%andtotalmustnotexceed40%ofcombinedgrossincome Duration: length of marriage times years or less;.40 morethan5years,lessthan10;.60 morethan10years,lessthan15;.80 morethan15years,lessthan20; Greater than 20 years, then length of marriage or permanent If court deviates from guidelines, must provide reasoning

22 Pro Bono 101 Family Law ChildSupport750ILCS5/505 The Court shall determine the minimum amount of support by using the following guidelines: Number of Children Percent of Supporting Parties Net Income 1 20% 2 28% 3 32% 4 40% 5 45% 6ormore 50%

23 Pro Bono 101 Family Law In addition to child support, the Court can order the supporting party to contribute to: health needs not covered by insurance; child care costs; Educational costs; extracurricular activity costs. For Child Support Order, need Uniform Order of Support and Notice to Withhold Income Send copy of Support Order and Notice to Withhold Income to Employer and a copy to State Disbursement Unit If a party fails to pay child support after ordered, you can filepetitionforruletoshowcause

24 Pro Bono 101 Family Law Allocation of Parental Responsibilities (Formally known as custody ) 750 ILCS 5/602.5 Significant decision-making responsibility Which parent makes important decisions for the child(ren) in the areas of education, healthcare, extra-curricular activities and religion. Court can give one or both parents each of these responsibilities.

25 Pro Bono 101 Family Law Allocation of Parental Responsibilities Illinois requires a Judgment of Allocation of Parental Responsibilities and Parenting Plan If there is no agreement, parties must each submit a proposed parenting plan within 120 days of petitioning court for Allocation of Parental Responsibilities Parties will also have to attend mediation and Focus on Children classes Court will use best interest of child factors listed in Statute to determine allocation

26 Pro Bono 101 Family Law Parenting Time (formally known as visitation) 750 ILCS 5/602.5 The time the child(ren) spend with both parents Designation of a residential parent, the parent whohasmoreparentingtimewiththechild A parent who does not have any decision making responsibility is still entitled to parenting time

27 Pro Bono 101 Family Law Court will use best interest of child factors listed in Statute in determining parenting time for each parent. Including but not limited to: 1. The wishes of the parents 2. The wishes of the child, depending on the child's age, maturity, and education 3. The child's relationship with the parents, siblings, or other important people 4. How the child adjusts at home, school, and in the community 5. The mental and physical health of all parties 6. Any past and ongoing acts of violence by a parent against the other parent or a child 7. Whether one of the parents is a sex offender 8. For parents who are in the military, the terms of a parent s military family care plan 9. The willingness and ability of each parent to encourage a close and continuing relationship between the other parent and the children.

28 Pro Bono 101 Family Law Resources for CVLS volunteers

29 Providing immigration counsel to pro bono clients Prepared by Tejas Shah (Franczek RadeletP.C.) for the CLVS/IABA CLE on February 12, 2016

30 Agenda and Objectives: AGENDA: Provide a basic overview of the U.S. immigration system and particularly family-based immigration. Visa Bulletin Permanent Residency Process and Affidavit of Support Requirement. U.S. Citizenship Requirements. Common legal issues resulting from illegal presence in the U.S. Describe certain protection available to victims of crimes and domestic violence under U.S. immigration laws. OBJECTIVES: Arm you with tools and knowledge to provide basic assistance/identify basic immigration issues; Identify the types of issues that arise in a pro bono context; AND Provide resources for further learning.

31 Agencies you encounter Department of Homeland Security (DHS): United States Citizenship and Immigration Services (USCIS): Chicago office located at 101 W. Congress Customs and Border Patrol (CBP): Airports and deferred inspection located at 101 W. Congress Immigration and Customs Enforcement (ICE): Enforcement agents and attorneys Other agencies: DOS (Dept. of State), particularly the NVC (National Visa Center) quarterbacks consular processing. U.S. DOJ (EOIR - Exec. Office of Immigration Review) - Immigration Courts and Board of Immigration Appeals State and local law enforcement

32 Overview and key concepts Legal status: Whether somebody is present in the United States legally (with govt. permission) Temporary status/nonimmigrant: Somebody with permission to stay in the U.S. temporarily Immigrant visa: A document providing permission to become a U.S. legal permanent resident (LPR). Adjustment or change of status: Apply to the DHS (while in the U.S.) to become a permanent resident or obtain a different temporary status. U.S. Citizen (USC)

33 Primary immigration categories Employment-based Family-based Diversity visa (lottery) Asylum and refugee classification

34 Family-based immigration Divided into Immediate Relatives (IRs) and 4 preference categories IRs: Spouses and children (under 21) of U.S. Citizens Preference categories: Limited to certain relationships (see next slide) Windsor decision same-sex relationships are eligible for the same benefits Primary distinctions between IR and preference categories: No quota on IR visas whereas preference categories are subject to annual limits and lengthy waiting periods; IR category will forgive some immigration violations (overstay, for example)

35 Family-based immigration (cont.) Preference categories: F1: unmarried sons and daughters (over 21) of USCs F2: spouses and children (including unmarried children over 21) of permanent residents Very impt: No category for married children of LPRs! F3: married sons and daughters of USCs F4: siblings of US Citizens No ability for grandparents, uncles, aunts, etc. to sponsor outside these categories There are separate procedures for adoptions

36 Waiting periods/ Using the Visa Bulletin Congress allocated a limited number of visas every year to each preference category Each country has a certain allocation High demand for a limited number of green cards shortages and waiting periods Visa Bulletin and priority dates determine availability of green cards

37 Visa Bulletin

38 Visa Bulletin Continued

39 Permanent Residency Process Family-based preference category: Step 1: File I-130 visa petition to show qualifying relationship (birth certificates, marriage certificate, evidence of good-faith relationship, etc.) Step 2: When priority date becomes current, applicant seeks green card through adjustment or NVC process Include medical report, affidavit of support, certified conviction dispositions (if any), etc. Those with immediately available visa numbers (such as immediate relatives) can complete Step 1 & 2 concurrently.

40 Affidavits of Support (Form I-864) Required to show that intending immigrant and family members will not become public charge. Form I-864 represents a contract between sponsor and U.S. government; enforceable in a court of law. Sponsor must demonstrate income at 125% of federal poverty level (in most cases) after counting household size. Provide tax returns for last 3 years supplement with assets if unemployed/retired/can t meet guidelines. Primary sponsor cannot meet guidelines pull in joint sponsor (must be a U.S.C. or LPR residing in U.S.) Submitted at green card stage.

41 Issues that clients present Failing to keep USCIS or the National Visa Center updated about a change of address. Advise client to submit AR-11. Advise client to contact NVC about a change in address and the consequences of extended inaction. Being unfamiliar with the waiting periods. Explain to client the importance of staying apprised about case status. Death of a petitioning family member or a primary beneficiary. May be eligible to substitute a sponsor or, in certain cases, the petition can survive the person s death. Affidavits of support Advise the client to work with a low-cost immigration service provider/bia accredited service provider.

42 Becoming a U.S. Citizen LPR status for at least 3 (if married to USC) or 5 years. Physical presence for ½ of 3 or 5-yr period preceding application and good moral character. Advise clients that they will be required to provide travel history and may be required to provide proof. Criminal history and other discretionary considerations can impact moral character. Continuous residence for 3 or 5 year period. Extended absences, employment abroad, failure to file taxes, etc. can be a problem. Ability to meet the civics and English language requirement, unless subject to exception

43 Exceptions to the English and Civics Requirement Exceptions to the English language and civics test requirement apply to those with: Medical or physical impairments preventing them from learning English and meeting the civics requirement (must be documented on the N-648 form) Tip: Everybody wants to apply the government has become more stringent about req d medical proof. Individuals meeting the 55/20 or 65/10 rules can take the civics exam in their native language

44 Criminal history: what you need to know Crimes can be categorized as aggravated felonies and crimes involving moral turpitude ( CIMT ). An aggravated felony (defined by immigration law) may make even a legal permanent resident removable and inadmissible. CIMTs (defined as crimes involving a depraved mind) can render a person inadmissible and removable. Crimes can also result in a finding that a person lacks good moral character (necessary to apply for U.S. naturalization). Always a good idea to advise a client to get immigration advice before entering a guilty plea. A pardon, expungement, etc. carries little to no weight in reducing the negative immigration consequences of a guilty plea.

45 Being undocumented Can result from Entering without inspection (EWI) Overstaying an authorized period of stay Violating one s status (working without authorization, etc.)

46 Consequences of being undocumented May accrue unlawful presence 180 or more days of unlawful presence = 3-yr bar on reentry to the U.S. 365 or more days of unlawful presence = 10-yr bar on reentry to the U.S. You must generally (with certain exceptions) be in lawful status to change or adjust status. An undocumented person could face removal proceedings. Cannot qualify for a legal SSN without valid lawful status in the U.S. At risk of losing employment if ICE conducts an audit.

47 Protections for domestic violence and crime victims U visas are available to victims of qualifying criminal activity who obtain certifications from a law enforcement agency that the person is a victim and has cooperated in the crime s investigation. Conditional permanent residents (those with marriages less than 2 years old become conditional permanent residents) can remove the conditions if they can show physical or mental battery/extreme cruelty. T visas are for victims of human trafficking and S visas are for witnesses and police informants. Most of the above categories will require careful work with the client and could require collection of psychological records and records of physical injuries.

48 Other immigration pro bono assistance cases A. DACA: Executive action program providing work authorization and relief from deportation to Dreamers who entered the United States as youth. Legality of the larger program (DACA expansion and DAPA) that could benefit 4-5 million people is up before the Supreme Court this summer. B. Asylum claims: Providing asylum to individuals who have experienced past persecution or have a well-founded fear of future persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

49 Resources American Immigration Council practice advisories (available for free at Sign-up for information sessions through the National Immigrant Justice Center (NIJC) Visit the and review citizenship requirements Most importantly, volunteer at the IAC/CVLS legal clinic!

50 Contact details Questions, comments, or concerns?