120 E. MARKET STREET, SUITE 900 (3)
10/6/2014
TABITHA VILLARRUBIA, PARTNER 120 E. MARKET STREET, SUITE 900 INDIANAPOLIS, IN 46204
IMMIGRANT:
AN ALIEN WHO ENTERS THE
UNITED STATES WITH THE UNITED STATES
INTENTION OF RESIDING IN THE PERMANENTLY.
NON-IMMIGRANT:
IS AN ALIEN WHO ENTERS THE TEMPORARY PURPOSES.
UNITED STATES FOR
-FOR IMMIGRATION PURPOSES“ALIEN”: A NON CITIZEN OR NATIONAL OF THE UNITED STATES. INA 101 (a) (3)
“ADMISSION"
OR
"ADMITTED”:
ENTRY OF THE ALIEN INTO THE
WITH RESPECT TO AN ALIEN, THE LAWFUL
UNITED STATES AFTER INSPECTION INA (A) (13)
AND
AUTHORIZATION BY AN IMMIGRATION OFFICER.
ENTERED WITHOUT INSPECTION: NOT BEING ADMITTED BY AN IMMIGRATION OFFICER. LAWFUL ENTRY: ADMITTED AFTER INSPECTION UNLAWFUL ENTRY: ENTERED WITHOUT
INSPECTION
(EWI)
1
10/6/2014
WHY SEEK LEGAL ADVISE? THERE MAY BE SOME LEGAL REMEDIES SITUATION.
DEPENDING ON THE INDIVIDUAL’ S
FAMILY/SPOUSE PETITION REMOVAL/DEPORTATION DEFENSE HUMANITARIAN VISAS DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) NATURALIZATION EMPLOYMENT/BUSINESS VISAS U NONIMMIGRANT STATUS “U- VISA” ASYLUM WITHHOLDING AMONG MANY OTHER REMEDIES
WHAT FAMILY RELATIONSHIPS
QUALIFY TO PETITION FOR THE IMMIGRANT(S)?
THE IMMEDIATE RELATIVE (S) OF THE US CITIZEN PETITIONER (KNOWN AS “USC”) OR A LEGAL PERMANENT RESIDENT (KNOWN AS “LPR”) USC’s •Spouse •Alien Sibling(s) •Parent of minor children, unmarried/married children
LPR’s •Spouse •Parent of minor children and their unmarried adult children
ELIGIBILITY FOR ______________, WILL BE DETERMINED. CONSULAR PROCESSING
ADJUSTMENT
OF
STATUS
WAIVERS (PROVISIONAL WAIVERS
VS
I-601 WAIVERS)
GREEN CARD
2
10/6/2014
HOW ARE ALIENS PLACED IN PROCEEDINGS BEFORE THE IMMIGRATION COURT?
CONTACT WITH ICE/USCIS/OTHER GOVERNMENT AGENCY
ARRESTED
PORT OF ENTRY (CUSTOMS & BORDER PROTECTION)
PREVIOUS REMOVAL ORDER (FUGITIVE)
IMMIGRATION COURT PROCEEDINGS ◦ FEDERAL ADMINISTRATIVE LAW ◦ COURT IN CHICAGO ◦ FIRST HEARING – MASTER CALENDAR HEARING- PLEAD TO ALLEGATIONS AND STATE RELIEF ◦ INDIVIDUAL HEARING- TRIAL ◦ THERE IS A BACKLOG IN THE IMMIGRATION COURT SYSTEM AND CASES TAKE YEARS BEFORE THEY ARE RESOLVED
•10 YEARS
OF PHYSICAL PRESENCE IN THE
US FROM THE
DATE THE
NOTICE
TO
APPEAR (NTA) WAS
ISSUED
CANCELLATION OF
REMOVAL
ASYLUM/WITHHOLDING FOR REMOVAL/ CAT (CONVENTION AGAINST TORTURE ACT)
OTHER
ASYLUM
•MUST
PROVE THAT THE REMOVAL/DEPORTATION OF THE ALIEN WOULD RESULT IN AN UNUSUAL AND EXTREME HARDSHIP ON THE QUALIFYING RELATIVE
• MUST
BE A PERSON OF GOOD MORAL CHARACTER
• MUST
HAVE A QUALIFYING RELATIVE
• ASYLUM:
MUST APPLY WITHIN
•WITHHOLDING:
(USC OR LPR SPOUSE/PARENT/CHILD)
1 YEAR
OF ARRIVING IN THE
UNITED STATES
IF QUALIFY FOR ASYLUM BUT DID NOT APPLY/REQUEST IT WITHIN
1 YEAR
• PROSECUTORIAL DISCRETION (2011 MEMO) • ADJUSTMENT
OF
STATUS
WITHHOLDING OF REMOVAL
MUST BE IN THE US & PROVE THAT HE OR SHE HAS A WELL FOUNDED OR REASONABLE FEAR OF HARM IF RETURNED TO THE NATIVE COUNTRY
WHEN IN REMOVAL AND HAVE BEEN IN THE US FOR MORE THAN ONE YEAR
CAT RELIEF UNDER THE CONVENTION AGAINST TORTURE RELIEF TO APPLICANT IF HE/ SHE IS NOT ELIGIBLE FOR ASYLUM OR WITHHOLDING DUE TO LACK OF NEXUS TO ONE OF THE FIVE STATUTORY GROUNDS OR BECAUSE OF A BAR TO ASYLUM/WITHHOLDING OF REMOVAL SUCH AS CONVICTIONS, PRIOR PERSECUTORY ACTS, ETC .
MUST PROVE THAT HE OR SHE HAS WELL FOUNDED OR REASONABLE FEAR OF HARM IF RETURNED TO NATIVE COUNTRY (HIGHER BURDEN OF PROOF )
MUST APPLY WITHIN ONE YEAR
• BOTH
MSUT SHOW PAST HARM OR FEAR OF FUTURE HARM AS WELL AS EVIDENCE AS TO THE MOTIVATION OF PERSECUTOR.
• MUST
SHOW THAT THERE IS A DIRECT OR CIRCUMSTANTIAL EVIDENCE THAT THIS FEAR OF HARM IS BASED ON FIVE STATUTORY GROUNDS. (RACE, RELIGION, NATIONALITY, POLITICAL OPINION, OR MEMBERSHIP IN A PARTICULAR SOCIAL GROUP.
3
10/6/2014
UNACCOMPANIED MINORS ◦ NOW CAN SEEK REFUGEE STATUS WHILE IN THEIR HOME COUNTRIES ◦ MAY QUALIFY FOR SPECIAL IMMIGRANT JUVENILE STATUS (SIJS)
SIJS ◦ MUST BE IN THE US WHEN APPLYING. ◦ MUST BE UNMARRIED AND UNDER 21 YEARS OF AGE. ◦ MUST HAVE BEEN DECLARED A DEPENDENT UPON A JUVENILE COURT IN THE US, OR A COURT THAT HAS LEGALLY COMMITTED TO OR PLACED UNDER THE CUSTODY OF AN AGENCY OR DEPARTMENT OF A STATE, OR AN INDIVIDUAL OR ENTITY APPOINTED BY A STATE OR JUVENILE COURT. (FOSTER CARE, CHINS CASES, GUARDIANSHIPS, ETC.) ◦ HAS BEEN THE SUBJECT OF A DETERMINATION BY A JUVENILE COURT IN THE US THAT REUNIFICATION WITH ONE OR BOTH PARENTS IS TO VIABLE DUE TO ABUSE, NEGLECT, ABANDONMENT, OR A SIMILAR BASIS UNDER STATE LAW. ◦ MUST HAVE SPECIAL FINDINGS FROM SUCH COURT THAT IT WOULD NOT BE IN THE JUVENILE’S BEST INTEREST TO BE RETURNED TO THE JUVENILE’S OR HIS OR HER PARENTS’ COUNTRY OF NATIONALITY OR LAST HABITUAL RESIDENCE.
U NON-IMMIGRANT STATUS (KNOWS AS U-VISA) ◦ MUST BE A VICTIM OF CRIMINAL ACTIVITY UNDER INA (A)(15)(U)- MAINLY VIOLENT CRIMES SUCH AS RAPE, TORTURE, TRAFFICKING, INCEST, DOMESTIC VIOLENCE, SEXUAL ASSAULT, ABUSIVE SEXUAL CONTACT, PROSTITUTION, SEXUAL EXPLOITATION, FEMALE GENITAL MUTILATION, BEING HELD HOSTAGE, SLAVE TRADE, INVOLUNTARY SERVITUDE, KIDNAPPING, ABDUCTION, UNLAWFUL CRIMINAL RESTRAINT, FALSE IMPRISONMENT, BLACKMAIL, MANSLAUGHTER, MURDER, FELONIOUS ASSAULT, WITNESS TAMPERING, ETC. ◦ MUST PROVE THAT YOU HAVE SUFFERED SUBSTANTIAL PHYSICAL OR MENTAL ABUSE AS A RESULT OF HALVING BEEN A VICTIM OF THE QUALIFYING CRIME. ◦ MUST POSSESS INFORMATION CONCERNING THE QUALIFYING CRIMINAL ACTIVITY OF WHICH YOU WERE A VICTIM.
A FEDERAL, STATE OR LOCAL GOVERNMENT OFFICIAL INVESTIGATION OR PROSECUTING THE CRIME CERTIFIES (THROUGH AN APPLICATION) THAT YOU HAVE BEEN, YOU ARE BEING OR YOU ARE LIKELY TO BE HELPFUL TO THE OFFICIAL IN THE INVESTIGATION OR PROSECUTION OF THE CRIMINAL ACT OF WHICH YOU ARE A VICTIM. THE CRIME OF WHICH YOU ARE A VICTIM VIOLATED THE LAWS OF THE US OR OCCURRED IN THE US OR THE TERRITORIES AND POSSESSIONS OF THE US. PETITIONER CAN INCLUDE DERIVATIVES (QUALIFYING FAMILY MEMBERS) TO ADD TO THEIR PETITION. SPOUSES, UNMARRIED CHILDREN; PARENTS (IF UNDER 21), UNMARRIED SIBLINGS (IF PETITION IS UNDER 21 AND SIBLING IS UNDER 18). IF APPROVED, WILL GET NON-IMMIGRANT U STATUS FOR 4 YEARS. AFTER 3 YEARS OF CONTINUOUS PHYSICAL PRESENCE, CAN APPLY FOR LPR STATUS. CURRENTLY, IT IS BACKLOGGED. THERE ARE 10,000 AVAILABLE U VISAS EACH YEAR; THERE ARE CURRENTLY 35,000 TO 45,000 WAITING TO OBTAIN THIS STATUS.
4
10/6/2014
VAWA (VIOLENCE AGAINST WOMEN ACT) PETITION- MAY SELF PETITION FOR IMMEDIATE RELATIVE OR FAMILY SPONSORED IMMIGRANT CLASSIFICATION IF YOU: ◦
ARE NOW THE SPOUSE OR CHILD OF AN ABUSIVE US CITIZEN OF LPR;
◦
ARE ELIGIBLE FOR IMMIGRANT CLASSIFICATION BASED ON THAT RELATIONSHIP;
◦
ARE NOW RESIDING IN THE US OR HAVE RESIDED IN THE US WITH THE USC OR LPR ABUSER IN THE PAST;
◦
HAVE BEEN BATTERED OR HAVE BEEN THE SUBJECT OF EXTREME CRUELTY PERPETRATED BY:
◦
YOUR USC OR LPR SPOUSE DURING THE MARRIAGE, OR ARE THE PARENT OF A CHILD WHO HAS BEEN BATTERED BY OR HAS BEEN THE SUBJECT OF EXTREME CRUELTY PERPETRATE BY YOUR ABUSIVE CITIZEN OF LPR SPOUSE DURING YOUR MARRIAGE;
◦
YOUR USC OR LPR PARENT WHILE RESIDING WITH THAT PARENT;
◦
MUST BE A PERSON OF GOOD MORAL CHARACTER;
◦
ARE A PERSON WHOSE REMOVAL OR DEPORTATION WOULD RESULT IN EXTREME HARDSHIP TO YOURSELF, OR TO YOUR CHILD IF YOU ARE A SPOUSE; AND
◦
ARE A SPOUSE; AND ENTERED INTO THE MARRIAGE TO THE USC OR LPR ABUSER IN GOOD FAITH.
T VISAS- FOR VICTIMS OF SEVERE FORM OF TRAFFICKING IN PERSONS. ◦ MUST BEEN A VICTIM ◦ MUST BE PHYSICALLY
OF A SEVERE FORM OF TRAFFICKING IN PERSONS. PRESENT IN THE
US AND/OR US TERRITORIES.
◦ YOU MUST HAVE COMPLIED WITH ANY REASONABLE REQUEST FOR ASSISTANCE IN A FEDERAL, STATE OR LOCAL INVESTIGATION OR PROSECUTION OF ACTS OF TRAFFICKING OR THE INVESTIGATION OF CRIME WHERE ACTS OF TRAFFICKING ARE AT LEAST ONE CENTRAL REASON FOR THE COMMISSION OF THAT CRIME, UNLESS YOU ARE UNDER THE AGE OF 18; AND
◦ YOU
WOULD SUFFER EXTREME HARDSHIP INVOLVING UNUSUAL AND SEVERE HARM UPON REMOVAL.
◦ SAME QUALIFYING
FAMILY MEMBERS AS FOR
U-VISAS.
TPS (TEMPORARY PROTECTED STATUS) ◦ YOU MUST BE AN ELIGIBLE NATIONAL OF A FOREIGN STATE FOREIGN STATE) THAT WAS DESIGNATED FOR TPS BY THE SECRETARY OF HOMELAND SECURITY PURSUANT TO SECTION 244 OF THE IMMIGRATION AND NATIONALITY ACT (INA). ◦ FOR FOREIGN STATES THAT HAVE BEEN FOUND BY THE ATTORNEY GENERAL TO HAVE AN ONGOING ARMED CONFLICT WITHIN THAT STATE AND, DUE TO SUCH CONFLICT, REQUIRING THE RETURN OF ALIENS WHO ARE NATIONALS OF THAT STATE TO THAT STATE WOULD POSE A SERIOUS THREAT TO THEIR PERSONAL SAFETY. (SUDAN)
◦ IF THE AG FINDS THAT THERE HAS BEEN AN EARTHQUAKE, FLOOD, DROUGHT, EPIDEMIC, OR OTHER ENVIRONMENTAL DISASTER IN THE STATE RESULTING IN A SUBSTANTIAL, BUT TEMPORARY, DISRUPTION OF LIVING CONDITIONS IN THE ARE AFFECTED AND THE FOREIGN STATE IS UNABLE, TEMPORARILY, TO HANDLE ADEQUATELY THE RETURN TO THE STATE OF ALIENS WHO ARE NATIONALS OF THAT STATE AND THE FOREIGN STATE OFFICIALLY AHS REQUESTED DESIGNATION UNDER THIS SUBPARAGRAPHS. (HONDURAS, EL SALVADOR, HAITI)
◦ IF THE AG FINDS THAT THERE EXIST EXTRAORDINARY AND TEMPORARY CONDITIONS IN THE FOREIGN STATE THAT PREVENTS ALIENS WHO ARE NATIONALS OF THE STATE FROM RETURNING TO THE STATE IN SAFETY, UNLESS THE AG FINDS THAT PERMITTING THE ALIENS TO REMAIN TEMPORARILY IN THE US IS CONTRARY TO THE NATIONAL INTEREST OF THE US.
5
10/6/2014
REFUGEE STATUS- MUST BE OUTSIDE THE US AND MUST PROVE THAT HE OR SHE HAS A WELL FOUNDED OR REASONABLE FEAR OF HARM IF RETURNED TO THE NATIVE COUNTRY.
ASYLUM- MUST BE IN THE US AND MUST PROVE THAT HE OR SHE HAS A WELL FOUNDED OR REASONABLE FEAR OF HARM IF RETURNED TO THE NATIVE COUNTRY. MUST APPLY WITHIN 1 YEAR OF ARRIVING TO THE US. MUST SHOW PAST HARM OR FEAR OF FUTURE HARM AS WELL AS EVIDENCE AS TO THE MOTIVATION OF PERSECUTOR. THE APPLICANT MUST SHOW THAT THERE IS A DIRECT OR CIRCUMSTANTIAL EVIDENCE THAT THIS FEAR OF HARM IS BASED ON ONE OF FIVE STATUTORY GROUNDS– RACE, RELIGION, NATIONALITY, POLITICAL OPINION, OR MEMBERSHIP IN A PARTICULAR SOCIAL GROUP.
Executive Action taken by President Obama on June 15, 2012. DACA is for children that were brought here before the age of 16. Must have been physically and continuously present from June 15, 2007 until the present. Must show physical presence on June 15, 2012. Must show that he/she are in school now, have graduated from an accredited school, or have served or been discharged honorably from the armed forces. Cannot have more than 2 misdemeanors and NO significant misdemeanors Regardless of the sentence imposed, a significant misdemeanor is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or, If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence. Does not include traffic violations such as driving without a license.
6
10/6/2014
THANK YOU !
TABITHA VILLARRUBIA, PARTNER 120 E. MARKET STREET, SUITE 900 INDIANAPOLIS, IN 46204 (317) 822-9900
7
TABITHA VILLARRUBIA, PARTNER 120 E. MARKET STREET, SUITE 900 INDIANAPOLIS, IN 46204
IMMIGRANT:
AN ALIEN WHO ENTERS THE
UNITED STATES WITH THE UNITED STATES
INTENTION OF RESIDING IN THE PERMANENTLY.
NON-IMMIGRANT:
IS AN ALIEN WHO ENTERS THE TEMPORARY PURPOSES.
UNITED STATES FOR
-FOR IMMIGRATION PURPOSES“ALIEN”: A NON CITIZEN OR NATIONAL OF THE UNITED STATES. INA 101 (a) (3)
“ADMISSION"
OR
"ADMITTED”:
ENTRY OF THE ALIEN INTO THE
WITH RESPECT TO AN ALIEN, THE LAWFUL
UNITED STATES AFTER INSPECTION INA (A) (13)
AND
AUTHORIZATION BY AN IMMIGRATION OFFICER.
ENTERED WITHOUT INSPECTION: NOT BEING ADMITTED BY AN IMMIGRATION OFFICER. LAWFUL ENTRY: ADMITTED AFTER INSPECTION UNLAWFUL ENTRY: ENTERED WITHOUT
INSPECTION
(EWI)
1
10/6/2014
WHY SEEK LEGAL ADVISE? THERE MAY BE SOME LEGAL REMEDIES SITUATION.
DEPENDING ON THE INDIVIDUAL’ S
FAMILY/SPOUSE PETITION REMOVAL/DEPORTATION DEFENSE HUMANITARIAN VISAS DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) NATURALIZATION EMPLOYMENT/BUSINESS VISAS U NONIMMIGRANT STATUS “U- VISA” ASYLUM WITHHOLDING AMONG MANY OTHER REMEDIES
WHAT FAMILY RELATIONSHIPS
QUALIFY TO PETITION FOR THE IMMIGRANT(S)?
THE IMMEDIATE RELATIVE (S) OF THE US CITIZEN PETITIONER (KNOWN AS “USC”) OR A LEGAL PERMANENT RESIDENT (KNOWN AS “LPR”) USC’s •Spouse •Alien Sibling(s) •Parent of minor children, unmarried/married children
LPR’s •Spouse •Parent of minor children and their unmarried adult children
ELIGIBILITY FOR ______________, WILL BE DETERMINED. CONSULAR PROCESSING
ADJUSTMENT
OF
STATUS
WAIVERS (PROVISIONAL WAIVERS
VS
I-601 WAIVERS)
GREEN CARD
2
10/6/2014
HOW ARE ALIENS PLACED IN PROCEEDINGS BEFORE THE IMMIGRATION COURT?
CONTACT WITH ICE/USCIS/OTHER GOVERNMENT AGENCY
ARRESTED
PORT OF ENTRY (CUSTOMS & BORDER PROTECTION)
PREVIOUS REMOVAL ORDER (FUGITIVE)
IMMIGRATION COURT PROCEEDINGS ◦ FEDERAL ADMINISTRATIVE LAW ◦ COURT IN CHICAGO ◦ FIRST HEARING – MASTER CALENDAR HEARING- PLEAD TO ALLEGATIONS AND STATE RELIEF ◦ INDIVIDUAL HEARING- TRIAL ◦ THERE IS A BACKLOG IN THE IMMIGRATION COURT SYSTEM AND CASES TAKE YEARS BEFORE THEY ARE RESOLVED
•10 YEARS
OF PHYSICAL PRESENCE IN THE
US FROM THE
DATE THE
NOTICE
TO
APPEAR (NTA) WAS
ISSUED
CANCELLATION OF
REMOVAL
ASYLUM/WITHHOLDING FOR REMOVAL/ CAT (CONVENTION AGAINST TORTURE ACT)
OTHER
ASYLUM
•MUST
PROVE THAT THE REMOVAL/DEPORTATION OF THE ALIEN WOULD RESULT IN AN UNUSUAL AND EXTREME HARDSHIP ON THE QUALIFYING RELATIVE
• MUST
BE A PERSON OF GOOD MORAL CHARACTER
• MUST
HAVE A QUALIFYING RELATIVE
• ASYLUM:
MUST APPLY WITHIN
•WITHHOLDING:
(USC OR LPR SPOUSE/PARENT/CHILD)
1 YEAR
OF ARRIVING IN THE
UNITED STATES
IF QUALIFY FOR ASYLUM BUT DID NOT APPLY/REQUEST IT WITHIN
1 YEAR
• PROSECUTORIAL DISCRETION (2011 MEMO) • ADJUSTMENT
OF
STATUS
WITHHOLDING OF REMOVAL
MUST BE IN THE US & PROVE THAT HE OR SHE HAS A WELL FOUNDED OR REASONABLE FEAR OF HARM IF RETURNED TO THE NATIVE COUNTRY
WHEN IN REMOVAL AND HAVE BEEN IN THE US FOR MORE THAN ONE YEAR
CAT RELIEF UNDER THE CONVENTION AGAINST TORTURE RELIEF TO APPLICANT IF HE/ SHE IS NOT ELIGIBLE FOR ASYLUM OR WITHHOLDING DUE TO LACK OF NEXUS TO ONE OF THE FIVE STATUTORY GROUNDS OR BECAUSE OF A BAR TO ASYLUM/WITHHOLDING OF REMOVAL SUCH AS CONVICTIONS, PRIOR PERSECUTORY ACTS, ETC .
MUST PROVE THAT HE OR SHE HAS WELL FOUNDED OR REASONABLE FEAR OF HARM IF RETURNED TO NATIVE COUNTRY (HIGHER BURDEN OF PROOF )
MUST APPLY WITHIN ONE YEAR
• BOTH
MSUT SHOW PAST HARM OR FEAR OF FUTURE HARM AS WELL AS EVIDENCE AS TO THE MOTIVATION OF PERSECUTOR.
• MUST
SHOW THAT THERE IS A DIRECT OR CIRCUMSTANTIAL EVIDENCE THAT THIS FEAR OF HARM IS BASED ON FIVE STATUTORY GROUNDS. (RACE, RELIGION, NATIONALITY, POLITICAL OPINION, OR MEMBERSHIP IN A PARTICULAR SOCIAL GROUP.
3
10/6/2014
UNACCOMPANIED MINORS ◦ NOW CAN SEEK REFUGEE STATUS WHILE IN THEIR HOME COUNTRIES ◦ MAY QUALIFY FOR SPECIAL IMMIGRANT JUVENILE STATUS (SIJS)
SIJS ◦ MUST BE IN THE US WHEN APPLYING. ◦ MUST BE UNMARRIED AND UNDER 21 YEARS OF AGE. ◦ MUST HAVE BEEN DECLARED A DEPENDENT UPON A JUVENILE COURT IN THE US, OR A COURT THAT HAS LEGALLY COMMITTED TO OR PLACED UNDER THE CUSTODY OF AN AGENCY OR DEPARTMENT OF A STATE, OR AN INDIVIDUAL OR ENTITY APPOINTED BY A STATE OR JUVENILE COURT. (FOSTER CARE, CHINS CASES, GUARDIANSHIPS, ETC.) ◦ HAS BEEN THE SUBJECT OF A DETERMINATION BY A JUVENILE COURT IN THE US THAT REUNIFICATION WITH ONE OR BOTH PARENTS IS TO VIABLE DUE TO ABUSE, NEGLECT, ABANDONMENT, OR A SIMILAR BASIS UNDER STATE LAW. ◦ MUST HAVE SPECIAL FINDINGS FROM SUCH COURT THAT IT WOULD NOT BE IN THE JUVENILE’S BEST INTEREST TO BE RETURNED TO THE JUVENILE’S OR HIS OR HER PARENTS’ COUNTRY OF NATIONALITY OR LAST HABITUAL RESIDENCE.
U NON-IMMIGRANT STATUS (KNOWS AS U-VISA) ◦ MUST BE A VICTIM OF CRIMINAL ACTIVITY UNDER INA (A)(15)(U)- MAINLY VIOLENT CRIMES SUCH AS RAPE, TORTURE, TRAFFICKING, INCEST, DOMESTIC VIOLENCE, SEXUAL ASSAULT, ABUSIVE SEXUAL CONTACT, PROSTITUTION, SEXUAL EXPLOITATION, FEMALE GENITAL MUTILATION, BEING HELD HOSTAGE, SLAVE TRADE, INVOLUNTARY SERVITUDE, KIDNAPPING, ABDUCTION, UNLAWFUL CRIMINAL RESTRAINT, FALSE IMPRISONMENT, BLACKMAIL, MANSLAUGHTER, MURDER, FELONIOUS ASSAULT, WITNESS TAMPERING, ETC. ◦ MUST PROVE THAT YOU HAVE SUFFERED SUBSTANTIAL PHYSICAL OR MENTAL ABUSE AS A RESULT OF HALVING BEEN A VICTIM OF THE QUALIFYING CRIME. ◦ MUST POSSESS INFORMATION CONCERNING THE QUALIFYING CRIMINAL ACTIVITY OF WHICH YOU WERE A VICTIM.
A FEDERAL, STATE OR LOCAL GOVERNMENT OFFICIAL INVESTIGATION OR PROSECUTING THE CRIME CERTIFIES (THROUGH AN APPLICATION) THAT YOU HAVE BEEN, YOU ARE BEING OR YOU ARE LIKELY TO BE HELPFUL TO THE OFFICIAL IN THE INVESTIGATION OR PROSECUTION OF THE CRIMINAL ACT OF WHICH YOU ARE A VICTIM. THE CRIME OF WHICH YOU ARE A VICTIM VIOLATED THE LAWS OF THE US OR OCCURRED IN THE US OR THE TERRITORIES AND POSSESSIONS OF THE US. PETITIONER CAN INCLUDE DERIVATIVES (QUALIFYING FAMILY MEMBERS) TO ADD TO THEIR PETITION. SPOUSES, UNMARRIED CHILDREN; PARENTS (IF UNDER 21), UNMARRIED SIBLINGS (IF PETITION IS UNDER 21 AND SIBLING IS UNDER 18). IF APPROVED, WILL GET NON-IMMIGRANT U STATUS FOR 4 YEARS. AFTER 3 YEARS OF CONTINUOUS PHYSICAL PRESENCE, CAN APPLY FOR LPR STATUS. CURRENTLY, IT IS BACKLOGGED. THERE ARE 10,000 AVAILABLE U VISAS EACH YEAR; THERE ARE CURRENTLY 35,000 TO 45,000 WAITING TO OBTAIN THIS STATUS.
4
10/6/2014
VAWA (VIOLENCE AGAINST WOMEN ACT) PETITION- MAY SELF PETITION FOR IMMEDIATE RELATIVE OR FAMILY SPONSORED IMMIGRANT CLASSIFICATION IF YOU: ◦
ARE NOW THE SPOUSE OR CHILD OF AN ABUSIVE US CITIZEN OF LPR;
◦
ARE ELIGIBLE FOR IMMIGRANT CLASSIFICATION BASED ON THAT RELATIONSHIP;
◦
ARE NOW RESIDING IN THE US OR HAVE RESIDED IN THE US WITH THE USC OR LPR ABUSER IN THE PAST;
◦
HAVE BEEN BATTERED OR HAVE BEEN THE SUBJECT OF EXTREME CRUELTY PERPETRATED BY:
◦
YOUR USC OR LPR SPOUSE DURING THE MARRIAGE, OR ARE THE PARENT OF A CHILD WHO HAS BEEN BATTERED BY OR HAS BEEN THE SUBJECT OF EXTREME CRUELTY PERPETRATE BY YOUR ABUSIVE CITIZEN OF LPR SPOUSE DURING YOUR MARRIAGE;
◦
YOUR USC OR LPR PARENT WHILE RESIDING WITH THAT PARENT;
◦
MUST BE A PERSON OF GOOD MORAL CHARACTER;
◦
ARE A PERSON WHOSE REMOVAL OR DEPORTATION WOULD RESULT IN EXTREME HARDSHIP TO YOURSELF, OR TO YOUR CHILD IF YOU ARE A SPOUSE; AND
◦
ARE A SPOUSE; AND ENTERED INTO THE MARRIAGE TO THE USC OR LPR ABUSER IN GOOD FAITH.
T VISAS- FOR VICTIMS OF SEVERE FORM OF TRAFFICKING IN PERSONS. ◦ MUST BEEN A VICTIM ◦ MUST BE PHYSICALLY
OF A SEVERE FORM OF TRAFFICKING IN PERSONS. PRESENT IN THE
US AND/OR US TERRITORIES.
◦ YOU MUST HAVE COMPLIED WITH ANY REASONABLE REQUEST FOR ASSISTANCE IN A FEDERAL, STATE OR LOCAL INVESTIGATION OR PROSECUTION OF ACTS OF TRAFFICKING OR THE INVESTIGATION OF CRIME WHERE ACTS OF TRAFFICKING ARE AT LEAST ONE CENTRAL REASON FOR THE COMMISSION OF THAT CRIME, UNLESS YOU ARE UNDER THE AGE OF 18; AND
◦ YOU
WOULD SUFFER EXTREME HARDSHIP INVOLVING UNUSUAL AND SEVERE HARM UPON REMOVAL.
◦ SAME QUALIFYING
FAMILY MEMBERS AS FOR
U-VISAS.
TPS (TEMPORARY PROTECTED STATUS) ◦ YOU MUST BE AN ELIGIBLE NATIONAL OF A FOREIGN STATE FOREIGN STATE) THAT WAS DESIGNATED FOR TPS BY THE SECRETARY OF HOMELAND SECURITY PURSUANT TO SECTION 244 OF THE IMMIGRATION AND NATIONALITY ACT (INA). ◦ FOR FOREIGN STATES THAT HAVE BEEN FOUND BY THE ATTORNEY GENERAL TO HAVE AN ONGOING ARMED CONFLICT WITHIN THAT STATE AND, DUE TO SUCH CONFLICT, REQUIRING THE RETURN OF ALIENS WHO ARE NATIONALS OF THAT STATE TO THAT STATE WOULD POSE A SERIOUS THREAT TO THEIR PERSONAL SAFETY. (SUDAN)
◦ IF THE AG FINDS THAT THERE HAS BEEN AN EARTHQUAKE, FLOOD, DROUGHT, EPIDEMIC, OR OTHER ENVIRONMENTAL DISASTER IN THE STATE RESULTING IN A SUBSTANTIAL, BUT TEMPORARY, DISRUPTION OF LIVING CONDITIONS IN THE ARE AFFECTED AND THE FOREIGN STATE IS UNABLE, TEMPORARILY, TO HANDLE ADEQUATELY THE RETURN TO THE STATE OF ALIENS WHO ARE NATIONALS OF THAT STATE AND THE FOREIGN STATE OFFICIALLY AHS REQUESTED DESIGNATION UNDER THIS SUBPARAGRAPHS. (HONDURAS, EL SALVADOR, HAITI)
◦ IF THE AG FINDS THAT THERE EXIST EXTRAORDINARY AND TEMPORARY CONDITIONS IN THE FOREIGN STATE THAT PREVENTS ALIENS WHO ARE NATIONALS OF THE STATE FROM RETURNING TO THE STATE IN SAFETY, UNLESS THE AG FINDS THAT PERMITTING THE ALIENS TO REMAIN TEMPORARILY IN THE US IS CONTRARY TO THE NATIONAL INTEREST OF THE US.
5
10/6/2014
REFUGEE STATUS- MUST BE OUTSIDE THE US AND MUST PROVE THAT HE OR SHE HAS A WELL FOUNDED OR REASONABLE FEAR OF HARM IF RETURNED TO THE NATIVE COUNTRY.
ASYLUM- MUST BE IN THE US AND MUST PROVE THAT HE OR SHE HAS A WELL FOUNDED OR REASONABLE FEAR OF HARM IF RETURNED TO THE NATIVE COUNTRY. MUST APPLY WITHIN 1 YEAR OF ARRIVING TO THE US. MUST SHOW PAST HARM OR FEAR OF FUTURE HARM AS WELL AS EVIDENCE AS TO THE MOTIVATION OF PERSECUTOR. THE APPLICANT MUST SHOW THAT THERE IS A DIRECT OR CIRCUMSTANTIAL EVIDENCE THAT THIS FEAR OF HARM IS BASED ON ONE OF FIVE STATUTORY GROUNDS– RACE, RELIGION, NATIONALITY, POLITICAL OPINION, OR MEMBERSHIP IN A PARTICULAR SOCIAL GROUP.
Executive Action taken by President Obama on June 15, 2012. DACA is for children that were brought here before the age of 16. Must have been physically and continuously present from June 15, 2007 until the present. Must show physical presence on June 15, 2012. Must show that he/she are in school now, have graduated from an accredited school, or have served or been discharged honorably from the armed forces. Cannot have more than 2 misdemeanors and NO significant misdemeanors Regardless of the sentence imposed, a significant misdemeanor is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or, If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence. Does not include traffic violations such as driving without a license.
6
10/6/2014
THANK YOU !
TABITHA VILLARRUBIA, PARTNER 120 E. MARKET STREET, SUITE 900 INDIANAPOLIS, IN 46204 (317) 822-9900
7
