1. Community Navigator 201 SCREENING: DACA 2012 and other forms of Relief
Objectives:
Teach importance and role of navigator in the screening process:
Determining eligibility
Screening for other forms of relief
Spotting red flags
Referring to attorneys/others as necessary
Review DACA/DAPA eligibility requirements
Provide practical tips/scripts to avoid UPL
Practice screening

3. WHY IS SCREENING IMPORTANT?
Determining eligibility for DACA 2012
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!
Discuss as a group the importance of screening
Key answers:
Determining eligibility for DACA/DAPA
Screening for other forms of relief
Spotting red flags/deportation traps
Referring cases to attorneys/other resources
Describe to the navigators the role screening will play/is playing in your organization’s work
i.e., “We conduct info sessions with the community, and at the end of those sessions we screen people who think they may be eligible for relief.”
i.e., “We distribute self-screening tools and then double check them when community members come in to see us.”

4. 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
We are not covering all the grounds of relief such as derivative/acquired citizenship, Cuban adjustment and parole for military family members

5. SCREENING Do’s and Don’t’s
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
Ask the group: In which other ways can navigators be helpful in the screening process?
Note: Emphasize that navigators can play a vital role in supporting their communities and your organization in this stage of the process under supervision of an attorney
Key answers:
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

6. SCREENING Do’s and Don’t’s
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
Ask the group: What are the potential consequences of unlawful practice of the law (UPL)?
Key answers:
Organization gets in trouble (charges, fines)
Navigators gets in trouble (charges, fines)
Individual gets scammed and/or deported
Review what navigators cannot do during the screening process:
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

7. DACA 2012 ELIGIBILITY REQUIREMENTS
REVIEW:
DACA 2012 ELIGIBILITY REQUIREMENTS
Key answers:
DACA 2012
Arrived in U.S. before 16 years old
Age cap = 31
In U.S. since before June 15, 2007
High school diploma or GED or military
2 year deferred action
Expanded DACA
No age cap
In U.S. since before January 1, 2010
3 year deferred action

8. 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 16th 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?

9. Own the dream screening tools

10. 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?
Give navigators the preliminary screening tool and have them fill in as you present the case
Alternatively, have one of the navigators role play the individual seeking screening
Key answers:
I’m not a lawyer or BIA rep so I can’t give you legal advice about your case, but generally, people who arrived in the U.S. by age 16 and by January 1, 2007 and meet the educational requirements are eligible for DACA
To meet the education requirements, you can consider enrolling in school, getting your GED, or pursuing certain vocational programs
Flag the school/GED question for DACA: For those not currently “in school.” There are many options for enrolling in a program of study (including literacy, job training, and GED prep programs) that will allow someone to qualify. There is no date by which someone needs to have enrolled

11. Immigration Relief Beyond DACA
14% of those eligible for DACA in 2012 were also eligible for other forms of immigration relief.
Each form of immigration relief has its own requirements. Many provide a path to lawful permanent residence (LPR).
Pic from admin relief
12/27/2018

12. 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)
Reference the screening form for other forms of relief
For trainers:
Other types of relief explained:
Family-based immigration: Typically through USC or LPR spouse or parent, or as parent of adult USC
Temporary Protected Status (TPS): Due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately.
U visa: For crime victim or direct victim of crime, and certain family members of the direct victim who qualify as derivative beneficiaries
Special immigrant juvenile status (SIJS): For certain abused or abandoned minors
Parole in place: For spouses, children, parents of family members who are on active duty in the military or who are vets
Asylum: For political refugees
VAWA: For abused spouse or child of USC or LPR or an abused parent of USC
The self-screening form also includes questions to screen for NACARA, asylum, and acquisition of citizenship at birth. And it also includes some questions to ascertain whether someone entered in a way that might support applying for residency through adjustment of status based on an “inspected admission”

13. 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

14. 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

15. 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

16. 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?

17. 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
Late filing for spouse and child still requires the applicant to have met residence and nationality requirements.

18. 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?
Threats to hurt someone close to you, take away your child, report you to immigration; control where you go and who you talk to
Note that someone who appears to be eligible for VAWA should be referred to a legal service provider. Legal service provider will do a more in depth screening to confirm eligibility and will look at whether the person has certain convictions and criminal activity; whether there is a qualifying relationship; whether there is a pattern of abuse…

19. 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

20. 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?
Examples of qualifying crimes: sexual abuse or assault, domestic violence, felonious assault, kidnapping, murder, manslaughter, involuntary servitude, stalking, extortion, blackmail
Questions to identify whether the person (or family member) was the victim of a serious crime in the U.S. Has that person cooperated with law enforcement in anyway or are they willing to? Even if the person has not talked to police about the crime, they should still be referred to a legal service provider.
Legal service provider will do further screening to determine if the crime was a qualifying one; whether law enforcement will certify that the victim of crime cooperated in the investigation/prosecution.

21. 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
U status granted for up to 4 years and can be extended
Examples of qualifying crimes

22. 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?
Questions to identify possible abuse, abandonment or neglect by one or both parents. Legal service provider will look more in depth to see

23. 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 23

24. 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

25. 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)

26. 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?

27. Why ask these questions?
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
INA §208(a)
Derivative Asylum Status: You may request derivative asylum status for any spouse or child (unmarried and under 21 years of age) who is not included in this decision and with whom you have a qualifying relationship, whether or not that spouse or child is in the United States.
Asylees may be eligible to receive assistance and services through the Office of Refugee Resettlement (ORR).  ORR funds and administers programs to help refugees, asylees and other special populations restart their lives in the United States.  Programs include cash and medical assistance, employment preparation and job placement, and English language training. Asylees may apply to receive refugee cash and medical assistance for up to 8 months beginning on the date that they are granted asylum.

28. What can you tell Mary Beth?
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?
“Mary Beth thinks she may be eligible for DAPA.” Not possible at present time.
Give navigators the screening tool for other forms of relief and have them fill in as you present the case
Alternatively, have one of the navigators role play the individual seeking screening
Key answers (from before):
I’m not a lawyer or BIA rep, so I can’t give you legal advice about your case, but generally, people who have lived in the U.S. since before January 1, 2010 and had a USC or LPR child by November 20, 2014 may be eligible for DAPA. You also checked yes to some of the questions (or one of the questions) on this form, so you may want to see a lawyer about whether you qualify for another form of relief
You should consider speaking to an attorney or a BIA rep because you may be eligible for a better form of relief
Encourage navigators to think about what they would say if the individual pressed for more information, asked follow up questions

29. 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

30. 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.

31. 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

32. WHY IS SCREENING IMPORTANT?
REVIEW:
WHY IS SCREENING IMPORTANT?
Key answers:
Determining eligibility
Screening for other forms of relief
Spotting red flags
Referring to attorneys/others as necessary