Legal strategies for undocumented immigrants and immigrant victims of domestic violence

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1 Legal strategies for undocumented immigrants and immigrant victims of domestic violence

2 2 What We ll Be Talking About A quick look at our agenda today Tingen & Williams Some background info on our law practice and what we do Understanding Immigrants Before you can help the immigrant community its good to know where these people come from and why they are here

3 3 Special Immigrant Juveniles This is an option available to minor children who have been abandoned by one or more parent Asylum While many immigrants are fleeing harm, asylum is complicated and not a good solution for every case. VAWA & U Visas Options are available for victims of domestic violence in the United States Tracking Anklets Everything you ve wanted to know about tracking anklets on immigrants

4 TPS for Central America? Some recent headlines about this possibility 4 Questions & Closing How to get ahold of an immigration expert if you need to know more or if you need help with a specific case And that s about it! Let s get started!

5 5 Tingen & Williams A Modern Law Firm that Makes a Difference Tingen & Williams, PLLC was launched in 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.

6 6 Tingen & Williams Attorneys All attorneys are fluent in Spanish JACOB TINGEN, ESQ. Ben Williams, Esq. Trent Powell, Esq. Jonathan Jordan, Esq. Managing Partner Immigration Law Estate Planning Family Law & Criminal Defense

7 7 Legal Knowledge Base Learn more about immigration law and other topics at our website About the Knowledge Base More than 250+ articles and growing daily Legal information that is easy to read and access Immigration Law, Trademark Law, Family Law Estate Planning and Criminal Defense coming soon! Either search through our website or add tingen williams to your search on Google

8 8 What Our Clients Are Saying 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

9 9 What Our Clients Are Saying 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

10 Understanding Immigrants Why are so many immigrants crossing the border now?

11 11 The Move North 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. Deportations Our deportation & enforcement priorities saturate Central America with criminals and fuel immigration Solutions? Convince everyone in the U.S. to stop abusing drugs? Help Central American governments police? Mass Immigration Better to die on the way to the U.S. with hope than in home country with no hope.

12 Immigration Options for Minors And other recent border crossers

13 13 Special Immigrant Juvenile Status (SIJS) 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.

14 14 The SIJS Process how to get a green card for an eligible minor child Family Court SIJS Petition Immigration Court Green Card Application Interview Get Green Card Need custody order finding Minor child makes a self- Immigration court Minor child completes green USCIS will interview children Green card should come in the that it is not in the best petition for Special Immigrant administratively closes card application, undergoes over 14. Interviews are mail shortly after interview. interest of the child to return Juvenile Status. USCIS proceedings. background check and frequently waived, low Process is currently taking to home country due to reviews custody determination physical examination. pressure. about 6 to 9 months. abandonment, abuse, neglect, and factual findings. or a similar reason. Step 01 Step 02 Step 03 Step 04 Step 05 Step 06

15 15 SIJS Quirks 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 (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.

16 16 Asylum for Minor Children 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.

17 Victims of Domestic Violence U Visas and VAWA Petitions

18 18 U Visas: Domestic Violence & Other Crimes Aren t U Visas just for domestic violence? Nope. There s a list of qualifying crimes. DV is on it, and other crimes that can be argued to fit within the list may also qualify. Helping Local Law Enforcement is Key Does an applicant have to suffer? Yes, it is actually a requirement of the visa. This is why some crimes, generally nonviolent ones, don t qualify. Weak U Visa cases can be made strong through mental health evaluations. 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.

19 19 U Visa Process 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 Form I-918, Supplement B is Applicants have to prove Applicants have to relive and Many things can be waived U Visas are taking about 18 After 3 years in the U.S. in the law enforcement suffering. In the case of write down the experience to when applying for a U Visa. months for approval. continuous presence, a U Visa certification demonstrating that physical suffering, medical include in their application. A Other grounds of holder can apply for residency. the victim assisted local records are typically sufficient. couple of legal requirements inadmissibility may not be U Visa applicants can include authorities in prosecuting the Pictures, mental health must be met in the narrative. waived. Form I-192 carries a derivative family members in crime Step 01 evaluations also help. Step 02 Step 03 fee of $585. Step 04 applications. Step 05 Step 06

20 20 VAWA Self-petitions Who can apply? Spouses of U.S. citizens and stepchildren of U.S. citizens who have been subjected to abuse can self-petition 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. 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.

21 Tracking Anklets And what to do about them

22 Temporary Protected Status What is it and why should it be granted?

23 23 Questions? Get in Touch! Jacob Tingen, Esq. Tingen & Williams, PLLC 1900 Byrd Avenue, Suite 101E Richmond, VA P: (804) F: (804) E: W:

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