COMMUNITY NAVIGATOR TRAINING MODULE 6: SCREENING 1

ACKNOWLEDGEMENTS This material was prepared by CIRI’s Regional Training Team, a subcommittee within CIRI’s Regional Coordination Working Group. The CIRI Regional Training Team includes staff with the AFL-CIO, National Partnership for New Americans (NPNA), New York Immigration Coalition (NYIC), People Improving Communities through Organizing (PICO), United Farmworkers Foundation (UFWF), and United We Dream (UWD). CIRI’s Regional Collaboration Working Group consists of the following organizations: AFL-CIO, CASA Maryland, CHRLA, CIRC, CLINIC, FIRM, Farmworker Justice, ICIRR, MIRA Coalition, National Domestic Workers Alliance, NPNA, NYIC, PICO, UNITE Here!, UFWF, UWD, Welcoming America and World Relief. Review and edits were conducted by CIRI’s Technical Assistance and Training (TAT) Working Group. This material builds off of the initial Community Navigator PowerPoint and detailed notes prepared by Tara Raghuveer of the National Partnership for New Americans (NPNA). Susan Schreiber and Jack Holmgren of Catholic Legal Immigration Network, Inc. (CLINIC) supplied the Immigration 101 module, based on CLINIC’s 2-day immigration law training. Mayron Payes and Larry Kleinman of FIRM/NPNA provided guidance on the Defending Administrative Relief module. Patrick Taurel of the American Immigration Council (AIC) contributed to the module on Unlawful Practice of Law. Frances Valdez (United We DREAM), Courtney Tudi (World Relief), Eddie Carmona (PICO), George Escobar (CASA de Maryland), Ruth Lopez (NPNA), Camille Mackler (NYIC), Adrienne DerVartanian (Farmworker Justice), and Kelly Rodriguez (AFL-CIO) all provided additional resources and guidance. This training is based on the NPNA-United Food and Commercial Workers naturalization partnership. 2

MODULE 6: SCREENING 4

WHY IS SCREENING IMPORTANT? Determining eligibility for DACA/DAPA Screening for other forms of relief Spotting red flags/deportation traps Referring cases to attorneys/other resources Navigators can actively participate in screening under supervision of an attorney! 5

SCREENING GOALS Basic level of screening Identify people who need referrals Flag potential eligibility for some forms of relief Can do more, such as provide consultations, if BIA Accredited Reps or immigration attorneys are present The screening is not An assessment of all the grounds of inadmissibility A screening for all forms of relief 6

Navigators can do the following under supervision of an attorney: Ask individuals questions about their identity, parental relationship, education, criminal background, etc. Spot red flags/deportation traps Refer individuals to attorneys (either present or off- site), other resources Walk individuals through the rest of the process: document preparation, application, biometrics, etc. Point community members to self-screening tools 7 SCREENING FOR DACA/DAPA

Navigators should not: Determine eligibility i.e., “you are eligible” (UPL) vs. “you may be eligible, pursue the following next steps...” (not UPL) Hold themselves as legal authorities Conduct screening outside of an organization setting 8

REVIEW: DACA/DAPA ELIGIBILITY REQUIREMENTS 9

KEY QUESTIONS - DACA Are you at least 15 years old? Were you born AFTER 6/15/1981? Did you enter the United States before your 16 th birthdate? Have you lived in the U.S. since 6/15/2007 until now? Were you present in the United States on June 15, 2012? Were you undocumented on 6/15/2012? Did you graduate from high school OR get a GED OR are currently attending school? 10

11 OWN THE DREAM SCREENING TOOLS

DEFERRED ACTION FOR PARENTS OF US CITIZENS AND PERMANENT RESIDENTS (DAPA) Parent of a U.S. citizen or green card holder, as of November 20, 2014 Continuous residence since January 1, 2010 Physical presence in the U.S. on November 20, 2014 and at the time of request No lawful status as of November 20,

KEY QUESTIONS - DAPA Are you the parent of a U.S. citizen or green card holder? Was your child born on or before November 20, 2014? Have you lived in the U.S. since January 1, 2010? Were you in the U.S. on November 20, 2014? Were you undocumented on November 20, 2014? Do you have a serious criminal conviction? 13

HYPOTHETICAL: Mary Beth thinks she may be eligible for DAPA. Tanya, her daughter, was born in Arkansas 5 years ago. Mary Beth has not left the U.S. since arriving in Mary Beth and Tanya watched President Obama’s announcement on television on November 20 at their community organization. What can you tell Mary Beth? 14

HYPOTHETICAL: Li thinks he may be eligible for DACA. Li arrived to the U.S. with his parents in 2002, when he was 11 years old. He has lived here since. He attended high school but dropped out to contribute financially to his family. What can you tell Li? 15

HYPOTHETICAL: Paula thinks she may be eligible for DACA. She and her parents came to the U.S. in 2008, when she was 15. She graduated from high school in 2011 and went on to college. She is now a senior in college and is on track to graduate. What can you tell Paula? 16

SCREENING FOR OTHER FORMS OF RELIEF Some individuals may qualify for “more permanent” forms of relief” Navigators can play a key role in spotting when this might be the case For DACA, around 15% of applicants were eligible for better relief 17

COMMON FORMS OF OTHER RELIEF Family-based immigration Temporary Protected Status (TPS) U visa for crime victim Special immigrant juvenile status (SIJS) Asylum Violence Against Women Act (VAWA) These are all preferable to DACA/DAPA because they present a route to legal residency. (Except TPS) 18

FAMILY-BASED IMMIGRATION Do you have any of the following family members who are U.S. citizens or LPRs? Spouse Parent or Stepparent Son or Daughter or Step Son or Daughter Brother or Sister or Step brother or Sister Fiancé Common law spouse Adopted child 19

OTHER IMMIGRATION BENEFITS BASED ON FAMILY Do you have any of the following family members who have permission to be in the U.S.? Spouse Parent or Stepparent Son or Daughter or Step Son or Daughter Brother or Sister or Step brother or Sister Common law spouse Adopted child 20

WHY DO YOU WANT TO KNOW ABOUT FAMILY RELATIONSHIPS? Family-Based Immigration System Allows spouses, parents, children, and siblings of U.S. citizens to apply for LPR status Allows spouses and unmarried children of LPRs to apply for LPR status Allows family members to bring their spouse and unmarried minor children with them when they apply for LPR status (in some cases) Waiting times for process to become LPR varies Immediate relative Preference system Certain types of immigration status can include family of the principal beneficiary 21

TEMPORARY PROTECTED STATUS (TPS) Where were you born? When did you first enter the U.S.? Have you had any trips abroad since your first came to the U.S.? Does your parent have TPS? Does your spouse have TPS? 22

WHY ARE YOU ASKING THOSE QUESTIONS? TPS Countries (8/6/15): El Salvador Guinea Haiti Honduras Liberia Nepal Nicaragua Sierra Leon Somalia Sudan South Sudan Syria Present in the U.S. since most recent TPS designation Residing in the U.S. since date required Late filing for TPS is allowed for some children of TPS parents Filing 60 days late is allowed for the spouse of a person granted TPS 23

VIOLENCE AGAINST WOMEN ACT (VAWA) BASIC SCREENING -Physical abuse -Has anyone in your family (a parent, spouse/partner, or adult child) hit, pushed, slapped, kicked, choked, sexually abused or otherwise physically harmed you or your child? -Psychological abuse -Has anyone in your family ever threatened, insulted, controlled, or emotionally abused you or your child? -Is the abusive family member a USC or LPR? -Have you ever lived with the abuser? 24

WHY ASK THESE QUESTIONS? -Benefit -Allows someone to self-petition and apply for a green card if they have been abused by certain USC or LPR family members. -Employment authorization -Can include children on the self-petition. -General Requirements -Spouse or child of an abusive USC or LPR; Parent abused by an adult USC child -Family member subjected the person to “battery or extreme cruelty” -Past or present residence with the abuser 25

U STATUS BASIC SCREENING Victim of Crime -Have you ever been the victim of a serious crime in the U.S.? -Have your parents/siblings/children ever been the victim of a serious crime in the U.S.? -Have you ever seen someone commit a serious crime? Cooperation with police -Did you talk to police or law enforcement officials about it? -Have you ever had to call the police? 26

WHY ASK THESE QUESTIONS? -Benefit -Nonimmigrant status for victims of certain serious crimes who cooperate with law enforcement -Employment authorization -Ability to apply for family members -Provides a pathway to legal permanent residence -General Requirements: -Victim of qualifying crime in the U.S. -Substantial physical or mental abuse resulting from crime -Possess information about crime -Help in investigation and/or prosecution -Law enforcement certification required 27

SPECIAL IMMIGRANT JUVENILE STATUS (SIJS) BASIC SCREENING -Are you under 21 and unmarried? -Have your parents abused, abandoned, or neglected you? -Do you live with your parents? If not, why? -Have your parents ever hit you, pushed you, choked you, or physically hurt you? -Do your parents 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 your parents? -Do your parents ever put you in dangerous or scary situations? 28

WHY ASK THESE QUESTIONS? -Benefit -For immigrant children who are victims of abuse, abandonment or neglect and cannot be reunited with one or both parents. -Abuse may have occurred in the U.S. or abroad -Provides a pathway to legal permanent residence -Requirements Child, under 21 and unmarried Dependent on state court or placed in the custody of an agency or individual Reunification with parent(s) is not viable due to abuse, abandonment or neglect or similar basis Not in child’s best interest to return to country of origin 29

ACQUIRED & DERIVED CITIZENSHIP -Are either of your parents U.S. citizens? -Are any of your grandparents U.S. citizens? -Born in the U.S., Puerto Rico, Guam, U.S. Virgin Islands -Naturalized 30

WHY ASK THESE QUESTIONS It’s possible to be a U.S. citizen without knowing it! USC parents can automatically pass on citizenship to their children in certain circumstances. -Acquisition occurs when child is born to U.S. citizen parent(s) -Derivation occurs when LPR child becomes a USC at some point after birth, because of parent’s citizenship Important factors: -Date of birth -One or both parents are U.S. citizens either by birth or by naturalization -Whether the parents were married -Whether the U.S. citizen parent lived in the U.S. and when -Was the person ever an LPR as a child (for derivation) 31

ASYLUM Were you or your family ever harmed in your country of birth? Do you fear being harmed if you were to return to your country of birth? 32

General benefit EAD Derivative status for spouse and children Eligible for asylee assistance Can apply to become a LPR after one year General requirements Well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion Government unable or unwilling to control persecutors WHY ASK THESE QUESTIONS? 33

HYPOTHETICAL: Remember Mary Beth? Review: Mary Beth thinks she may be eligible for DAPA. Tanya, her daughter, was born in Arkansas 5 years ago. Mary Beth has not left the U.S. since arriving in Mary Beth and Tanya watched President Obama’s announcement on television on November 20 at their community organization. Mary Beth also tells you she and Tanya are survivors of domestic violence committed by Mary Beth’s former spouse who is a green card holder. What can you tell Mary Beth? 34

INTERVIEWING TIPS What to keep in mind when screening clients? Confidentiality Scope of relationship Build trust Listen/be sensitive Explain the process Gather facts Use interpreters if necessary 35

CONFIDENTIALITY Confidentiality rules protect a client’s personal information Confidentiality protects a client’s information from disclosure to co- workers, friends, family, government personnel (in most cases) etc. 36

IDENTIFYING LEGAL RESOURCES Potential resources/next steps for people who may be eligible for relief: Local referral list of pro bono, low bono, and/or private attorneys Appointment with and organization/attorney Checklist of documents to bring to the appointment Info on how to obtain their criminal record Know Your Rights materials 37

REVIEW: WHY IS SCREENING IMPORTANT? 38