 ALWAYS provides free legal services to help young adults eliminate legal obstacles that stand in the way of stability, safety, and self-sufficiency.  We provide representation and advice to youth and young adults up to age 24 who are impacted by: Homelessness Trafficking or Abuse Foster Care System (currently or previously)  Examples of our Services:  Seeking orders of protection, and temporary or final orders in family court regarding parenting time, legal decision making, child support  Applying for immigration status (DACA, T, U, and SIJ)  Addressing prior convictions, appealing denials of a fingerprint clearance card, obtaining ID ALWAYS

 About a third of ALWAYS cases are immigration related.  Our undocumented clients face a variety of situations:  Separated from their parent(s) because: Their parent(s) were detained or deported Their parent(s) are not able to provide for them Their self-identification as LGBTQ caused issues with parents They were sent to the U.S. alone to find safety They were sent to the U.S. alone to find better opportunities  They are facing daily challenges while: Couch surfing between friends or extended family Living in shelter or transitional living program Living in a foster care home or group home while in the custody of the child welfare system due to neglect or abuse What Do We See?

 It’s important to know immigration resources/services so you can connect students to them if students do tell you they are undocumented  Encourage students to research potential immigration benefits BEFORE they turn 18 so they don’t miss out on some benefits  Help students gather documents for their applications, especially transcripts and identity documents  Provide or arrange for transportation to appointments and consider attending with students  Help them find scholarships if they are ineligible for in- state tuition or state aid What Can You Do?

Undocumented students living in the U.S., particularly those dealing with homelessness, could be eligible for different immigration programs  Programs that can lead to Permanent Residency and potentially U.S. Citizenship Special Immigrant Juvenile Status (SIJ) U visa T visa VAWA (Violence Against Women Act) Asylum (Discussed in morning session)  Program that provides work authorization and a temporary reprieve from deportation DACA (Deferred Action for Childhood Arrivals) What Could a Student be Eligible For?

 General Requirements for SIJ –  A juvenile judge must determine that the youth is unable to reunify with one or both parents because of neglect, abuse, or abandonment by one or both parents, and that it is not in the best interest of the youth to return to home country and  Applicant must apply before 21 years of age and must be unmarried  Immigration Law Expert is Important  Youth should consult an attorney prior to applying, especially if criminal history or any prior deportation history is involved SIJ – Special Immigrant Juvenile Visa

To apply for SIJS, the youth needs an order from a U.S. state court that says:  Youth is: a dependent of the court (like in a juvenile dependency or juvenile delinquency case), or in the legal custody of a state or private agency, or in the legal custody of a private person. AND  The youth cannot be reunited with a parent because of one or more of these reasons: abuse, or abandonment, or neglect, AND  It is not in youth’s best interests to return to the home country (or the country last lived in). SIJ – What’s Needed From State Court

 If approved for SIJ, youth can obtain work authorization which opens the door to  Employment,  State Identification card or Driver’s License in some states,  In-State Tuition in some states  SIJ approval also makes it possible to obtain permanent residency – or what’s often called a green card. Note that:  Youth must be admissible. USCIS will review and could decline based on criminal history, prior deportations, etc.  If a youth obtains permanent residency through the SIJ program, the youth will not be able to petition for a green card for his/her parents.  The youth may be able to petition for a green card for brothers or sisters when he/she becomes a U.S. citizen. SIJ – What Are The Benefits

 Created by the Victims of Trafficking and Violence Protection Act of 2000  Designed to provide lawful status to noncitizen crime victims who have assisted, are assisting, or are willing to assist the authorities in investigating or prosecuting crimes that were committed against them U Visa

 A youth may be eligible for a U Visa based on his/her own experience or may be included as the dependent on another’s application  General Requirements:  Must be a victim of a crime covered under the U visa law, and the crime must have occurred in the U.S. or violate U.S. laws.  Must provide proof of substantial physical and mental abuse as a result of the crime.  Must have credible information about the crime and be willing to help in the investigation or prosecution of the perpetrators.  Adults must obtain certification from a government agency confirming participation in the investigation and prosecution. If applicant is under 16 years old, their parent, guardian, or “next friend” who has information about the criminal activity can be the one that has is helpful to the authorities investigating or prosecuting the criminal activity for purposes of the certificationnext friend  USCIS will review criminal and deportation history. Applicants must be admissible or apply for a waiver. U Visa

 Abduction  Abusive Sexual Contact  Blackmail  Domestic Violence  Extortion  False Imprisonment  Female Genital Mutilation  Perjury  Felonious Assault  Hostage Taken  Incest  Peonage  Involuntary Servitude  Kidnapping  Manslaughter  Rape  Murder  Obstruction of Justice  Witness Tampering  Prostitution  Sexual Assault  Slave Trade  Torture  Trafficking  Sexual Exploitation  Unlawful Criminal Restraint  Other Related Crimes U Visa Eligible Crimes

 Applicants can apply for Permanent Residency (a green card) after they’ve had a U visa for three years.  With a U visa, the applicants may be able to apply for visas on behalf of immediate family members. U Visa Benefits

 Human trafficking is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social services.  In October 2000, Congress created the “T” nonimmigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA).  T Visa provides immigration protection to victims of trafficking.  Allows victims to remain in the United States and assist law enforcement authorities in the investigation or prosecution of human trafficking cases. T Visa

 A person may be eligible for a T visa if he or she:  Is or were a victim of trafficking, as defined by law  Is in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking  Complies with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or is are under the age of 18, or is unable to cooperate due to physical or psychological trauma)  Demonstrates that he/she would suffer extreme hardship involving unusual and severe harm if removed from the United States  Is admissible to the United States. If not admissible, he/she may apply for a waiver. T Visa Eligibility

 Once granted a T visa, applicants may be eligible to apply for permanent residency – or a green card - after they’ve had the T visa for three years.  With a T visa, you also may apply for visas for your eligible immediate family members.  A person under age 21 may apply on behalf of spouse, children, parents and unmarried siblings under age 18.  An adult 21 or older may apply on behalf of spouse and children. T Visa Benefits

 The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents to file a petition for themselves, without the abuser's knowledge. This allows victims to seek safety and independence from their abuser.  Created for victims of domestic violence who are the child, parent, or current/former spouse of a United States citizen or a permanent resident (green card holder) and who are abused by the citizen or permanent resident. Violence Against Women Act Self-Petition

 Eligibility Requirements for a Child  Qualifying parent/child relationship: The child of a U.S. citizen or permanent resident abuser, or The child of a U.S. citizen or permanent resident abuser who lost citizenship or lawful permanent resident status due to an incident of domestic violence.  Has suffered battery/extreme cruelty by your U.S. citizen or permanent resident parent.  Has resided with your abusive parent.  Is a person of good moral character; a child less than 14 years of age is presumed to be a person of good moral character. VAWA Self-Petition

 A self-petitioning spouse or child that meets all requirements will receive a notice valid for 150 days that he/she can present to government agencies that provide certain public benefits to qualified victims of domestic violence  USCIS can grant deferred action for a period of time to allow person to remain in the United States while process is pending  If approved, the person is eligible to apply for work authorization. Children listed on approved petition also may also obtain work authorization  Once a Form I-360 is approved, you may be eligible to file for permanent residency or a green card. Children listed may also be eligible to apply for a green card. VAWA Self-Petition Benefits

 In 2012, the Obama Administration created DACA to create opportunity for people who came to the U.S. as children  The upside: DACA Provides Deferred action (no threat of removal/deportation) for two years Work authorization allowing person to get a job, and in some states, Driver’s Licenses, ID’s, and in-state tuition Opportunity to renew DACA every two years  The downside: Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. The DACA program can be changed or eliminated by a new President’s administration. DACA - Deferred Action for Childhood Arrivals

A person may be eligible for DACA if he/she:  Was under the age of 31 as of June 15, 2012;  Came to the United States before reaching 16th birthday;  Has continuously resided in the United States since June 15, 2007, up to the present time;  Was physically present in the United States on June 15, 2012, and at the time of making the request for deferred action with USCIS;  Had no lawful status on June 15, 2012;  Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development (GED) certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and  Has not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety DACA - Deferred Action for Childhood Arrivals Eligibility

 When applying for DACA, you can help students gather records Proof of identity Proof of presence in the U.S. on June 5, 2012 Proof he/she came to U.S. before 16th birthday Proof he/she continuously resided in U.S. since June 15, 2007 Proof of student status at the time of requesting DACA  For young people who have been told to stay under the radar their whole lives, the records can sometimes be a challenge  It’s best to encourage students to apply while still in school as transcripts can often serve as proof of continuous residence DACA–Need Records, Records, Records

 Tell students to be cautious about travel and see an attorney if a critical need arises to travel outside U.S.  Generally...  Traveling outside the U.S. before Aug. 15, 2012, will not interrupt continuous residence if the travel was brief, casual, and innocent.  But... If person travels outside the United States after Aug. 15, 2012, and before USCIS decides request for DACA, he/she will not be considered for DACA.  Once approved for DACA, the person is only allowed to travel outside the U.S. if he/she applies for and is granted Advanced Parole.  Here’s a resource just on DACA and travel - f f DACA - Deferred Action for Childhood Arrivals Travel Restrictions

 If USCIS Grants DACA in a Case  If USCIS grants DACA and employment authorization in a case, he/she will receive a written notice of that decision.  An Employment Authorization Document will arrive separately in the mail.  The person must remember to apply every two years to maintain deferred action and work authorization DACA - Deferred Action for Childhood Arrivals Eligibility

 Ana’s father moved from her home country to the U.S. when she was a toddler  When Ana was about 10, she was sent to live with her father in the U.S.  Ana’s father sexually abused her and physically abused her stepmother. He was prosecuted for his acts and is now in prison.  Ana is now in the foster care system  Her DCS caseworker would like to help her with immigration services Ana

 Anita’s family is very poor and lives in an extremely rural and poor region of another country.  When she was about 12, her family sent her to live with a couple in Arizona who was looking for help taking care of their kids and home.  She was smuggled into the U.S. She went to school during the day, and worked for the couple at night and in the mornings  The couple she lived with sent money to Anita’s family on a monthly basis.  When the male part of this couple raped her, she got pregnant and dropped out of school.  She was taken to and left at the hospital when she went into labor. The hospital called the FBI.  Anita has never sought immigration advice, and is fearful for her family if she tells the truth about what has happened to her. Anita

 Viktor came to the U.S. alone as a teenager from Ukraine dues to fears caused by a regional conflict  He lived under the radar and moved around a lot  When he lived in a home with roommates, a roommate attacked him and seriously injured him  Viktor’s aggressor was charged with Aggravated Assault, and Viktor was informed of his rights as the victim of a crime  Viktor has lacked money and access to immigration advice Viktor

 Came to the U.S. with parent but ended up living with extended family when his parent abused him  He finished high school with decent grades. When he turned 18, he had to make it on his own  He was 20 and living in a transitional housing program for homeless youth when he found ALWAYS  He never sought immigration benefits due to lack of money and legal advice Francisco

 Unaccompanied Children Resource Center   Resources for Immigrant Children and Youth  children-and-youth children-and-youth  A Guide for Immigrant Youth Living in the U.S.  en.pdf en.pdf  Kids In Need of Defense (KIND) Handbook  Special-Immigrant-Juvenile-Status-SIJS.pdf Special-Immigrant-Juvenile-Status-SIJS.pdf  Resources from USCIS  immigrant-juveniles-sij-status immigrant-juveniles-sij-status Find Local Help

 Learn more about ALWAYS:  Refer: If you are working with a young person in Maricopa or Pima County you believe we can assist with free legal services, please contact us:  (602)  Marissa, Sr. Staff Attorney,  January, CEO/Attorney, We Can Help

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