1. DETERMINING APPROPRIATE RELIEF
#ImmigrationLaw #FBA
CLIENT OPTIONS:
DETERMINING APPROPRIATE RELIEF
Moderator: Lena Graber, Staff Attorney, ILRC
Gina Amato, Senior Staff Attorney, Public Counsel, Immigrants’ Rights Project
Esther Limb, Senior Staff Attorney, Her Justice

2. #ImmigrationLaw #FBA
Panel Overview
Discuss practice tips on screening for different forms of relief
Provide overview of eligibility requirements
Determine how to choose best form of relief

3. Why Screen for So Many Forms of Relief?
#ImmigrationLaw #FBA
Why Screen for So Many Forms of Relief?
Undocumented immigrants may be eligible for existing forms of immigration relief and not know it.
14+% of those DACA-eligible found
to be potentially eligible for other relief.
Make the most of your contact with community members.

4. #ImmigrationLaw #FBA
Screening Goals
Screening: Identifying whether a person might be eligible for immigration relief
Opportunities for screening:
Individual case consultations
Legal workshops (e.g. DACA workshops)
Community immigration forums:
With onsite legal screening
With referral information
Using self-screening tools
Screening is not a conclusive determination of eligibility

5. Strategies on Screening
#ImmigrationLaw #FBA
Strategies on Screening
Build rapport with client
Assure the client that the conversation is confidential
Warn client that you may ask personal or sensitive questions
Explain why you are asking such questions
Ask pointed questions that relate directly to eligibility

6. Common Forms of Humanitarian Relief
#ImmigrationLaw #FBA
Common Forms of Humanitarian Relief
Violence Against Women Act (VAWA) Self-petition and Hardship Waivers
U nonimmigrant visa (“U visa”)
T visa
Special Immigrant Juvenile Status (SIJS)
Asylum
Temporary Protected Status
DACA

7. Violence Against Women Act (VAWA) Self-Petitions and Hardship Waivers
#ImmigrationLaw #FBA
Violence Against Women Act (VAWA) Self-Petitions and Hardship Waivers

8. Eligibility Under VAWA
#ImmigrationLaw #FBA
Eligibility Under VAWA
Abused spouse of USC or LPR*
Non-abused spouse of a USC or LPR whose child is abused by the USC or LPR spouse*
Abused child of USC or LPR*
Exception: If over 21 and under 25 and were eligible to self-petition before 21st birthday but did not, can still apply if abuse was “at least one central reason” for filing delay
Abused parent of USC daughter or son
* can include children as derivatives

9. VAWA Eligibility Requirements
#ImmigrationLaw #FBA
VAWA Eligibility Requirements
Self-Petitioner must show:
Family relationship (spouse, child, parent)
Good faith marriage (if abused spouse)
Battery or extreme cruelty to self (or child)
E.g. physical abuse, emotional abuse (e.g. insults), threatening to beat or terrorize, forcing to have sex when not wanted, threatening to take child away or hurt them, threatening to deport or call immigration, controlling activity, forced detention, other pattern of abusive behavior
Status of the abuser (LPR or USC)
Good moral character
Residence with the abuser

10. VAWA Self-Petitioning Benefits
#ImmigrationLaw #FBA
VAWA Self-Petitioning Benefits
Obtain immigration status without the abuser’s assistance or knowledge
Step 1: File I-360 (self-petition)
If “apparently approvable” govt aid
(e.g., Medicare and TANF)
Adjudicated in one central location
Derivative children included
Concurrent work authorization
Any credible evidence standard
If self-petition approved deferred action

11. VAWA Self-Petitioning Benefits
#ImmigrationLaw #FBA
VAWA Self-Petitioning Benefits
Step 2: Adjustment of Status/Consular Process
Certain inadmissibility waivers
Legal status for derivative children
More public benefits in some states
If approved  green card

12. I-751 Waiver for Conditional* LPR
#ImmigrationLaw #FBA
I-751 Waiver for Conditional* LPR
To remove the conditions on residence, Self- Petitioner must show:
Good faith marriage; AND
Battery or Extreme cruelty; or
Death of sponsoring spouse; or
Divorce; or
Undue hardship
*Green card is conditional because marriage is less than two years at the time of the initial grant

13. #ImmigrationLaw #FBA
I-751 Waiver Benefits
Petitioner can remove conditions on residence without the abuser’s assistance or knowledge
Can file at any time
Any credible evidence standard
If approved conditions on residence removed and receive 10 year green card

14. #ImmigrationLaw #FBA
U Nonimmigrant Status
AKA
The “U Visa”

15. U Visa Eligibility Requirements
#ImmigrationLaw #FBA
U Visa Eligibility Requirements
Victim of a statutorily-listed crime in violation of U.S. law or in territories/possessions
Helpfulness in a criminal investigation or prosecution
Substantial physical or mental abuse
Law enforcement certification of helpfulness
Any credible evidence standard

16. Victims Applicant must be a “victim” Direct victim Indirect victim
#ImmigrationLaw #FBA
Victims
Applicant must be a “victim”
Direct victim
Direct and proximate harm
Bystanders who suffer unusually direct injury
Indirect victim
Certain family members if direct victim is deceased due to murder or manslaughter, or incapacitated or incompetent
Spouse
Children under 21 and unmarried
Parents and siblings under 18 if the direct victim is under 21 years old
Age at time of qualifying criminal activity

17. #ImmigrationLaw #FBA
U Visa Procedure
Obtain law enforcement certification – must file within 6 months of receiving certification
File all forms with Vermont Service Center
There are no filing fees (except for I-192)
There is no interview
SB 674: CA law effective 2016 provides guidance to law enforcement and
requires response within 90 days!

18. U Visa Benefits Four years nonimmigrant status
#ImmigrationLaw #FBA
U Visa Benefits
Four years nonimmigrant status
Employment authorization
Can include derivative family members
Can apply for lawful permanent residence after 3 years of U nonimmigrant status
Can waive almost any inadmissibility ground!
Public benefits in some states upon application

19. UGH! The Waitlist Limit of 10K U visa per year +
#ImmigrationLaw #FBA
UGH! The Waitlist
Limit of 10K U visa per year +
95K cases currently pending =
A VERY LONG wait
and a slightly different process

20. “T Visa” for Victims of Human Trafficking
#ImmigrationLaw #FBA
“T Visa” for Victims of Human Trafficking

21. #ImmigrationLaw #FBA
T Visa Eligibility
Is or has been a victim of severe trafficking (sexual or labor)
Is physically present in the U.S. or at a point of entry on account of the trafficking
Has complied with any reasonable request for assistance in investigating or prosecuting the trafficking (if 18 or older)
Would suffer extreme hardship involving severe and unusual harm upon removal
Is admissible to the United States or eligible for a wavier

22. T Visa Benefits Four years nonimmigrant status
#ImmigrationLaw #FBA
T Visa Benefits
Four years nonimmigrant status
Employment authorization
Can include derivative family members
Can apply for lawful permanent residence after 3 years of T nonimmigrant status OR upon conclusion of investigation of trafficking
Generous inadmissibility waivers
Public benefits

23. Special Immigrant Juvenile Status (SIJS)
#ImmigrationLaw #FBA
Special Immigrant Juvenile Status (SIJS)

24. #ImmigrationLaw #FBA
SIJS Overview
Special Immigrant Juvenile Status (SIJS) provides protection for certain undocumented immigrant youth who have been abused, abandoned, or neglected, by allowing them to apply for lawful permanent residents.
ONLY for people under age 21!
Federal and state hybrid: requires finding by a state court first

25. SIJS Eligibility Requirements
#ImmigrationLaw #FBA
SIJS Eligibility Requirements
Youth must:
1) Be under 21 years of age;
2) Be unmarried;
3) Declared a dependent of a juvenile court or placed under the custody of a state agency or individual or entity appointed by the state or court;
4) Reunification with one or both parents is not viable due to abuse, neglect or abandonment; and
5) Not in youth’s best interest to be returned to country of origin

26. Juvenile Court: Establishing Jurisdiction
#ImmigrationLaw #FBA
Juvenile Court: Establishing Jurisdiction
If a case is already pending in juvenile court, no need to initiate one
If no case is already pending in a juvenile court, various actions may be available under your state’s law:
Custody suits
Dependency proceedings, including state foster care cases
Delinquency proceedings
Declaratory judgment suits
Guardianship suits
Adoption proceedings
Parentage suits

27. #ImmigrationLaw #FBA
Asylum

28. Asylum Eligibility Requirements
#ImmigrationLaw #FBA
Asylum Eligibility Requirements
Well-founded fear (physical harm, threats, detention, past persecution) of
Persecution
On account of
A protected ground
race, political opinion, religion, nationality, membership in a particular social group
Persecutor is state actor, or state “unwilling or unable” to control private actor
Cannot safely or reasonably relocate within state

29. Bars to Asylum One-year filing deadline Safe third country bar
#ImmigrationLaw #FBA
Bars to Asylum
One-year filing deadline
Safe third country bar
Previous asylum application denial
Persecutor of others
Particularly serious crime / aggravated felony
Serious nonpolitical crime
National security
Terrorism
Firm resettlement

30. Benefits of Asylum Offers lawful status Prevents removal
#ImmigrationLaw #FBA
Benefits of Asylum
Offers lawful status
Prevents removal
Employment authorization
Right to travel
Path to legal permanent residency

31. Temporary Protected Status (TPS)
#ImmigrationLaw #FBA
Temporary Protected Status (TPS)
in addition to asylum, which is for anyone from any country who meets the criteria, there is also immigration protection from people from certain countries in particular. Immigration law provides relief for those fleeing or cannot be safely returned to their homes, not necessarily because of persecution, but rather because of ongoing armed conflict, environmental disasters, or other extraordinary circumstances. INA 244

32. TEMPORARY PROTECTED STATUS: Statutory authority: INA §244
Temporary protection for immigrants from certain countries:
Protection from deportation
Work authorization
Travel authorization
DHS will designate certain countries as eligible for TPS if conditions in the home country prevent that country’s nationals from returning:
Ongoing armed conflict (e.g., civil war)
Natural disaster (e.g., hurricane, flood,
earthquake)
Other extraordinary and temporary conditions
[The eligibility criteria differs by country. We list the general requirements, followed by the specific country requirements.]
There are important limitations to TPS. Temporary Protected Status (TPS) is not a path to residency. It is temporary protection available for people from certain countries for certain periods of time. A person granted TPS receives some protection from deportation, work authorization, and the ability to travel on advance parole. The United States government designates which countries’ nationals can apply for TPS (generally based on either civil strife or a natural disaster, such as hurricane, flood, earthquake) and for how long.

33. TPS Eligibility Requirements:
Citizen of a TPS designated country
Entry before the specified date
Continuous residence
Continuous physical presence
Must register during the initial registration or meet an exception (e.g. children or spouse of someone with TPS; other pending application- asylum)
Must re-register during each re-registration period to maintain status
Be admissible under the grounds of inadmissibility or qualify for a waiver
In addition to being a national from a designated country a person must meet other requirement to qualify for TPS, which are specific to each country.
Generally speaking the person must have:
Entered before a specified date
Have been a continuous resident in the United States since the date specified for the country;
Have been continuously physically present in the United States since the most recent designation date of the country;
Files during the open registration or re-registration period, or meets the requirements for late initial registration during any extension of the country’s TPS designation;
Not be inadmissible or qualify for a waiver, including
Have met all the requirements for TPS registration or re-registration as specified for the Country. People who receive TPS must register with the government every year. The government can deny a person TPS if the person fails to register.

34. TPS Eligibility by Country
Each country has a separate registration period
For a complete list of eligible countries visit:
Each country has a separate registration period. See
El Salvador
entry on or before 2/13/2001
continuous residence (“CR”) since 2/13
continuous physical presence (“CPP”) since 3/9/2001
Guinea
Entry on or before 11/20/14
CR since 11/20/14
CPP since 11/21/14
Haiti
Entry on or before 1/12/2011
CR since 1/12
CPP since 7/23/11
Honduras
entry before on or before 12/30/98
CR since 12/30/98
CPP since 1/5/99

35. #ImmigrationLaw #FBA
DACA

36. DACA Eligibility Requirements
#ImmigrationLaw #FBA
DACA Eligibility Requirements
Under the age of 31 as of June 15, 2012; (born after June 15, 1981)
Came to the United States before their 16th birthday;
Continuously resided in the United States since June 15, 2007, up to the present time; 
Physically present in the United States on June 15, 2012, and at the time of making their request;
Undocumented as of June 15, 2012 (Entered unlawfully or your lawful immigration status expired)
Currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

37. Benefits of DACA Employment Authorization
#ImmigrationLaw #FBA
Benefits of DACA
Employment Authorization
Deportation is deferred for 2 years, with possibility of renewal – but can be taken away at DHS discretion
Social Security number
State Driver’s License
Travel outside the U.S. = possible with Advance Parole

38. Take Aways Don’t miss an opportunity to screen for other relief
#ImmigrationLaw #FBA
Take Aways
Don’t miss an opportunity to screen for other relief
ALWAYS screen for citizenship
Don’t forget to screen for asylum! Many people are afraid to go back to their country
Many forms of immigration relief are time-sensitive (e.g., SIJS, asylum, TPS)
Be aware of different bars to eligibility