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

Transcription

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

2 Today s Presenters Capacity Building Nathaly Perez, nperez@cliniclegal.org Training and Legal Support Ilissa Mira, imira@cliniclegal.org Jennifer Riddle, jriddle@cliniclegal.org Legalization Michelle Sardone, msardone@cliniclegal.org 2

3 Today s Agenda Introduction Community education and self screening tool Mock community education presentation Q and A Tips for community education events Resources Q and A 3

4 Community Education & Self Screening for Immigration Options - Mock Community Presentation - Overview of common immigration remedies - Preliminary self-screening & recommendations for follow up - Responding to audience questions - CLINIC s Self-screening tool - Available on the CLINIC website - _other_forms_of_relief.pdf - Customize for your community

5 DO YOU QUALIFY FOR IMMIGRATION RELIEF? C O M M U N I T Y E D U C A T I O N DECEMBER 11, 2015

6 WELCOME TO TODAY'S COMMUNITY EDUCATION SESSION Who are we? Why are we here? What will we do today? What will we NOT do today? What next steps should you take?

7 FAMILY-BASED IMMIGRATION U.S. citizens and lawful permanent residents (LPRs) can help certain family members become LPRs. Step 1: USC or LPR family member files a petition to start the process Step 2: Family member applies for LPR status when a visa becomes available Wait times can be long and depend on several factors Q: Do you have any of the following U.S. citizen or LPR family members? Spouse Parent or Stepparent Son or Daughter (includes step-relationship or adoption) Brother or Sister or Step brother or Sister Fiancé Q: Do you have a parent, spouse, or son/daughter who has permission to be in the U.S.? What kind of permission?

8 PAROLE IN PLACE Allows certain undocumented people to temporarily live in the U.S. if they have a relative who has served in the U.S. Armed Forces. Permission to live in the U.S. lawfully for one year, renewable Work permit In some cases, can become an LPR without having to leave the U.S. Q: Do you have a spouse, parent, or child who: Is a current or former member of the U.S. military (U.S. Armed Forces, Selected Reserve, or the Ready Reserve)? Did you last enter the U.S. without permission?

9 U STATUS Temporary status for victims of serious crimes who cooperate with law enforcement. Temporary lawful status for 4 years Work permit U status for certain close family members After 3 years, may apply for lawful permanent residence Q: Have you or a close relative ever witnessed or been the victim of a serious crime in the US? Q: Do you have useful information about the crime? Q: Did you ever talk to the police about the crime? If not, are you willing to help them in the investigation?

10 ASYLUM Protection for refugees who fear persecution in their home country. Lawful asylee status (and for your spouse and children) Work permit After 1 year, may apply for lawful permanent residence Q: Were you or your family ever harmed in your home country by the government or by people the government cannot control? Q: Do you fear that you would be harmed if sent back to your home country? Q: Is the harm you fear because of your race, religion, nationality, membership in a particular social ground, or political opinion?

11 VIOLENCE AGAINST WOMEN ACT (VAWA) SELF-PETITION Allows someone who has been abused by certain USC or LPR relatives to selfpetition and apply for a green card without the abuser s involvement. Deferred action Work permit Can include children on the self-petition. Q: Has your USC or LPR spouse or parent hit, pushed, slapped, kicked, choked, sexually abused or otherwise physically harmed you or your child? Q: Has your USC or LPR spouse or parent ever threatened, insulted, controlled, or emotionally abused you or your child? Q: Have you lived with the abuser (past or present)?

12 SPECIAL IMMIGRANT JUVENILE STATUS (SIJS) Allows children to obtain green cards if they have been abused, abandoned or neglected and cannot be reunited with one or both parents Eligibility to apply for a green card once SIJS is approved Q: Are you unmarried and under 21? Q: Has either parent abused, abandoned, or neglected you? Do you live with either of your parents? Has either parent ever hit you, pushed you, choked you, or physically hurt you? Does either parent take care of you, provide for you, give you a place to live? Do you have a relationship with your parents? Do you communicate with them?

13 DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) Temporary protection against deportation Work permit Can renew every 2 years No path to lawful permanent residence Q: Were you born AFTER June 15,1981? Q: Did you come to the U.S. before your 16th birthday and have you been living here since June 15, 2007? Q: Were you in the U.S. on June 15, 2012 and had no lawful status? Q: Are you attending school? Or did you graduate from high school or get a GED?

14 DEFERRED ACTION FOR PARENTS OF US CITIZENS AND PERMANENT RESIDENTS (DAPA) *NOT CURRENTLY AVAILABLE BUT MAY BE IN THE FUTURE* Temporary protection against deportation Work permit Can renew every 3 years No path to lawful permanent residence Q: Are you the parent of a U.S. citizen or lawful permanent resident who was born on or before November 20, 2014? Q: Have you been living in the U.S. since January 1, 2010? Q: Were you in the U.S. on Nov 20, 2014 and had no lawful status?

15 YOU MAY BE A U.S. CITIZEN AND NOT KNOW IT! U.S. citizens may automatically pass on citizenship to their children. ACQUISITION: When a child is born to U.S. citizen parent overseas (depends on date of birth, were parents married, did parent ever live in U.S.) DERIVATION: When a lawful permanent resident child lives with a parent who becomes a U.S. citizen Q: Is one of your parents or grandparents a U.S. citizen? Was one of them born in the U.S., Puerto Rico, Guam, or U.S. Virgin Islands? Did one of them naturalize?

16 COUNTRY SPECIFIC REMEDIES From one of these countries? Cuba El Salvador Guatemala Guinea Haiti Honduras Liberia Nepal Nicaragua Sierra Leone Somalia Sudan South Sudan Syria Yemen Talk to a legal service provider to find out if any of these may apply to you: Central American Minors In- Country Refugee Processing Cuban Adjustment Act Haitian Refugee Immigration Fairness Act (HRIFA) Nicaraguan Adjustment and Central American Relief Act (NACARA) Temporary Protected Status (TPS)

17 WHAT SHOULD I DO NOW? Speak to a qualified legal worker to learn whether you might qualify for one of the benefits we discussed (or another benefit)! Who Can Help with Immigration Matters? - Licensed immigration attorneys [insert link to your state bar website] OR - Accredited representatives of a non-profit organization recognized by the Board of Immigration Appeals (BIA)

18 PROTECT YOURSELF AGAINST FRAUD! Who Cannot Provide Legal Advice or Representation? - notaries - notarios publicos - immigration consultants - immigration assistance service providers - tax providers Read more at:

19 RESOURCES Self-screening tool Immigration Clinic of [non-profit host organization] Drop In Hours: M, W, F 10 a.m. - 2 p.m. To make an appointment, call: (xxx) xxx - xxxx Checklist of documents to bring to the appointment Local referral list of other pro bono, low bono, and/or private attorneys How to obtain your criminal record Know Your Rights materials Who can help with immigration matters / UPL materials

20 QUESTIONS FROM THE AUDIENCE?

21 Tips for Community Education Events Be clear about the scope and purpose of the meeting. Speak in simple terms when describing legal remedies. Avoid legalese! Avoid answering audience questions about specific cases. Be cautious about unauthorized practice of law if the person presenting the information is not a lawyer or BIA rep. Customize community education presentation and slides to your community.

22 Resources Community education toolkit Envelope for immigration preparation Next week s webinar CLINIC trainings

23 Resources Committee for Immigration Reform Implementation (CIRI) Resources needed to implement AR and eventual CIR Immigration_Reform_and_Administrative_Relief_for_2014_ and_beyond US Unauthorized Population by State PERSON Survey (>14% eligible for permanent relief)

24 Questions?

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