Legal strategies for undocumented immigrants and immigrant victims of domestic violence
2 What We’ll Be Talking About A quick look at our agenda today Tingen & Williams Some background info on our law practice and what we do Understanding Immigrants Before you can help the immigrant community its good to know where these people come from and why they are here
3 Special Immigrant Juveniles This is an option available to minor children who have been abandoned by one or more parent Asylum While many immigrants are fleeing harm, asylum is complicated and not a good solution for every case. VAWA & U Visas Options are available for victims of domestic violence in the United States Tracking Anklets Everything you’ve wanted to know about tracking anklets on immigrants
4 TPS for Central America? Some recent headlines about this possibility Questions & Closing How to get ahold of an immigration expert if you need to know more or if you need help with a specific case And that’s about it! Let’s get started!
5 Tingen & Williams A Modern Law Firm that Makes a Di ff erence Tingen & Williams, PLLC was launched in 2012. It expanded in 2014, 2015, and now again in 2016 to include 4 lawyers and multiple office staff. We regularly participate in local pro bono projects, and we provide a wealth of information on our website.
6 Tingen & Williams Attorneys All attorneys are fluent in Spanish JACOB TINGEN, ESQ. Ben Williams, Esq. Trent Powell, Esq. Jonathan Jordan, Esq. Managing Partner Immigration Law Estate Planning Family Law & Criminal Defense
7 Legal Knowledge Base Learn more about immigration law and other topics at our website About the Knowledge Base www.inspirasign.com • More than 250+ articles and growing daily • Legal information that is easy to read and access • Immigration Law, Trademark Law, Family Law • Estate Planning and Criminal Defense coming soon! • Either search through our website or add “tingen williams” to your search on Google
8 What Our Clients Are Saying They love Tingen & Williams “ They did good work for me…They solved my immigration problems and I am grateful that I ” can live in the U.S. Zein Lemus Immigration Client
9 What Our Clients Are Saying They love Tingen & Williams “ Do you know how hard it is to find a lawyer that Tingen & Williams. Jacob…is excellent. ” you can trust? I’m always telling people about Sonia Hernandez Immigration Client
Understanding Immigrants Why are so many immigrants crossing the border now?
11 The Move North What is happening in Central America? Gangs Honduras, El Salvador, & Guatemala The problem of gangs is ironically something that was exported from Most of the immigrants approaching our the U.S. Deportations souther border now are coming from an area known as the “Northern Triangle,” Our deportation & enforcement which includes Honduras, El Salvador, priorities saturate Central America with criminals and fuel immigration and Guatemala. Solutions? Convince everyone in the U.S. to The geography alone makes it difficult stop abusing drugs? Help Central to avoid drug trafficking, and the gangs American governments police? (organized crime) required to run drugs Mass Immigration up to the U.S. The drug trafficking and Better to die on the way to the accompanying violence has fueled U.S. with hope than in home m a s s i m m i g r a t i o n a n d h u m a n country with no hope. trafficking.
Immigration Options for Minors And other recent border crossers
13 Special Immigrant Juvenile Status (SIJS) What it is and how to take advantage of it SIJS is available to minor children who cannot be reunified with “one or both” parents as a result of abandonment, abuse, neglect, or a similar reason under state law. Single-parent SIJS is widely accepted. Many children who are currently eligible for programs like DACA may also be eligible for SIJS.
14 The SIJS Process how to get a green card for an eligible minor child Family Court SIJS Petition Immigration Green Card Interview Get Green Court Application Card Need custody order finding Minor child makes a self- Immigration court Minor child completes green USCIS will interview children Green card should come in the that it is “not in the best petition for Special Immigrant administratively closes card application, undergoes over 14. Interviews are mail shortly after interview. interest of the child” to return Juvenile Status. USCIS proceedings. background check and frequently waived, low Process is currently taking to home country due to reviews custody determination physical examination. pressure. about 6 to 9 months. abandonment, abuse, neglect, and factual findings. or a similar reason. Step 01 Step 02 Step 03 Step 04 Step 05 Step 06
15 SIJS Quirks Criminal Histories and Inadmissibility Juvenile criminal histories should not impact Family Courts and SIJS SIJS determinations much due to BIA precedent stating that juvenile convictions are Not all family law judges are familiar with SIJS, not criminal convictions under the INA ( See and interpretation varies, especially with Matter of Devison , 22 I&N Dec. 1362 (BIA regards to the “one or both parents” language in 2000)); however, differences in interpretation of the immigration statute. state law and the application of the INA can cause delays in the process and do have the potential to make a minor child ineligible. Some grounds of inadmissibility don’t affect SIJS determinations, others require a waiver, and still others may make a juvenile ineligible entirely. Appeals should be vigorously pursued.
16 Asylum for Minor Children Isn’t there a one year filing requirement? When is a child eligible for asylum? Yes, but it won’t typically apply to Asylum determinations can only be made on Unaccompanied Minors (UACs). If a parent a case-by-case basis. Potential asylum cases accompanied the minor, these cases should should be referred to an experienced urgently be referred to competent counsel. immigration attorney. Asylum applicants must prove they have What’s a particular social group? been persecuted due to their membership in a particular social group, and that their home This is the million dollar question. The BIA country’s government is either behind the attempts to clarify this question every few persecution or is unwilling or unable to stop years, but merely provides more caselaw to the persecution. argue either side from. Most asylum cases will hang on this determination.
Victims of Domestic Violence U Visas and VAWA Petitions
18 U Visas: Domestic Violence & Other Crimes Does an applicant have to su ff er? Aren’t U Visas just for domestic violence? Yes, it is actually a requirement of the visa. Nope. There’s a list of qualifying crimes. DV This is why some crimes, generally nonviolent is on it, and other crimes that can be argued ones, don’t qualify. Weak U Visa cases can to fit within the list may also qualify. be made strong through mental health Helping Local Law Enforcement is Key evaluations. U Visas hang on two factors. Suffering physical or emotional harm as a a result of being a victim of a crime, and providing assistance to local law enforcement.
19 U Visa Process how to get a U Visa for victim of a crime Supplement B Evidence of Personal Waiver Processing Green Card Request Suffering Narrative Requirement Times in 3 Years Form I-918, Supplement B is Applicants have to prove Applicants have to relive and Many things can be waived U Visas are taking about 18 After 3 years in the U.S. in the law enforcement suffering. In the case of write down the experience to when applying for a U Visa. months for approval. continuous presence, a U Visa certification demonstrating that physical suffering, medical include in their application. A Other grounds of holder can apply for residency. the victim assisted local records are typically sufficient. couple of legal requirements inadmissibility may not be U Visa applicants can include authorities in prosecuting the Pictures, mental health must be met in the narrative. waived. Form I-192 carries a derivative family members in crime evaluations also help. fee of $585. applications. Step 01 Step 02 Step 03 Step 04 Step 05 Step 06
20 VAWA Self-petitions Extreme Hardship Requirement Who can apply? A self-petitioning immigrant must prove Spouses of U.S. citizens and stepchildren of extreme hardship to themselves or to a child U.S. citizens who have been subjected to in the event they are deported. abuse can self-petition Can I apply if I am divorced already? This is easy in some cases—e.g., a U.S. citizen child in the relationship—but more Yes, but you need to apply within 2 years and difficult in others. the reason for the divorce must be related to the abuse suffered.
Tracking Anklets And what to do about them
Temporary Protected Status What is it and why should it be granted?
23 Questions? Get in Touch! Jacob Tingen, Esq. Tingen & Williams, PLLC 1900 Byrd Avenue, Suite 101E Richmond, VA 23230 P: (804) 477-1720 F: (804) 299-4113 E: jacob@tingenwilliams.com W: https://tingenwilliams.com
Thank You! And please review! Google “Tingen & Williams” and click “write a review” on the right.
There’s the button!
Recommend
More recommend
