IWR Immigration and Anti-Trafficking Work

Immigration, Migrant, Anti-Trafficking (TSAP) Serve citizens and non-citizens statewide immigration, trafficking and migrant No income restrictions for TSAP clients

Understanding the Immigration System Different types of immigration status Ways to obtain legal status VAWA and U and T Visas: Options for victims of violence and crimes “Labor-based” crimes Options for victims of human trafficking -Why is this important to you? –get asked about it; lots of misinformation out there; relevant for people we know. Other reasons?

Types of Immigration Status Legal Permanent Resident “Green Card” Permission to live and work in the U.S. permanently Must renew card every 10 years Can petition for spouse and unmarried children to immigrate Can get deported for certain crimes Undocumented Overstayed visa or entered without permission No work permit No Social Security # No drivers’ license (in IL) Right to K-12 education Citizenship Right to vote Can petition for spouse, children, siblings and parents to immigrate Cannot be deported Visa Permission to enter U.S. Expiration date Conditional: student, business, tourist Usually no work permit Source: Immigration Law 101 International Institute of the Bay Area: http://www.smcccat.org/pdfs/Immigration_Presentation.pdf

Legal Permanent Resident Who is an immediate relative? Spouse Unmarried children Legal Permanent Resident -Petitioning for an immediate relative is much faster – everyone else has to wait in line Immediate Relative: Non-Immediate Relative: Spouse of a USC Siblings of a USC Children of a USC who are unmarried and under 21 Children of a USC who are married or over 21 Parents of a USC Spouse of an LPR Children of an LPR

I-130 Family Petition Visas are available “right away” for immediate relatives (within a year). Other relatives are assigned a “priority date” and have to wait for a visa. When the “priority date” becomes current, the relative’s visa will become available. Depending on where the person is from, this can take anywhere from 2 to 21 years. To check the current priority dates, go to: http://www.travel.state.gov/visa/bulletin/bulletin_5630.html -Bulletin is updated monthly -Questions about family based petitions?

Violence Against Women Act (VAWA) Non-citizens who have been abused by a USC or LPR spouse, parent, or child may be eligible to apply for VAWA. They must prove That their abuser is a US citizen or lawful permanent resident; That they entered into a legal, good faith marriage and cohabitated sometime during the marriage; There was physical battery or extreme mental cruelty; And are a person of good moral character -Let’s start with VAWA -not just women -option for people to get out of the abusive relationship but stay in this country -confidential

Benefits of VAWA Petitioner may be eligible to apply for Legal Permanent Residency (depending on abuser’s status); While VAWA is pending and once it is approved Petitioner is eligible to apply for certain public benefits; Can apply for work permit once approved; Protection from deportation, generally.

U Visa To qualify, an applicant needs to: Be a victim of a certain crime; Suffer substantial physical or mental abuse as a result of the crime; Report the crime to a government agency (state, federal, or local, for example: police, FBI, EEOC, Department of Labor, Attorney General); Cooperate in the investigation OR prosecution of the crime; and Submit a U Visa certification form from a government agency with your application. Certification valid for 6 months -certification: aka government has to attest that you helped investigation

Qualifying crimes Including the attempt, conspiracy, or solicitation to commit: Rape Witness tampering Torture Involuntary servitude Kidnapping Obstruction of justice Perjury Abusive sexual conduct Incest Sexual exploitation Domestic violence Sexual assault Blackmail Unlawful criminal restraint Abduction False imprisonment Manslaughter/Murder Extortion Female genital mutilation Felonious assault Being held hostage Slave trade Peonage Fraud in Foreign Labor Contracting Stalking Trafficking Prostitution

Benefits of the U Visa Protection against deportation; Work authorization - which can be used to obtain a valid social security number and driver’s license; After 3 years with a U visa, may be able to apply for legal permanent resident status (green card). Note: U-visa is only valid for 4 years

Derivatives: VAWA: U Visa: Undocumented minor children (under 21) can be included in your petition. U Visa: Minor undocumented children (under 21) Parents if applicant is a minor child and not married Siblings if applicant is under 18 Spouse -For both, can include family members on application

Trafficking, and T visas The term ''severe forms of trafficking in persons'' means: (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Common Misconceptions Trafficking requires the crossing of national or international borders Trafficking only involves foreign nationals, not US citizens Individuals cannot be paid for work Most victims and survivors of human trafficking will identify as such Trafficking cannot happen in a family context

Actions taken in the work place that violate labor law Labor Trafficking Actions taken in the work place that violate labor law For example, many factories, restaurants, migrant camps, may involve: • Extreme exploitation, including the absence of a living wage or long work hours • Poor working conditions, such as health and safety hazards • Arbitrary discipline, such as verbal or physical abuse, or • Fear and intimidation when they speak out, organize, or attempt to form a union.

Possible remedies for survivors Criminal Prosecution Under trafficking or other statutes, state, local, federal Civil Law Remedies Wage cases, civil damage for trafficking, sex harassment claims Repatriation or Immigration T visa

Questions on intake Sex trafficking How do you pay for things? Do you have any tattoos? Tell me about them? Have you runaway from home? Do you have other names? Tell me about your day? Do you go to work? Do you have a boyfriend? Does he pay for things? Was your ID taken away? Have you ever had sex for money or other support? Did you have to share the money with anyone? Did anyone ever tell you that if you loved them you would have sex for money Did anyone ever tell you what to say if you were arrested by the police Did anyone every hurt you or tell you things that made you afraid and feel like you had to have sex for money? Labor trafficking How did you make money? How did your employer make money? How did you hear about the job? Tell me about your day? How many hours a day did you work? Did you have debt? Do you owe money to anyone? How much?’ Do you have your identity documents? Did you ever have to work when you were sick? Did anyone ever tell you things that made you afraid not to work? Did you try to leave? Were you able to talk with your friends and family? Did anyone ever tell you what to say if you saw the police? Are you afraid of your employer?