Representing Victims in T’s, U’s & VAWA

Representing Victims in T’s, U’s & VAWA CLE Presented by: Angela L. Williams The Law Offices of Angela L. Williams, LLC 4235 Baltimore Ave Kansas City, MO 64111 816-531-2166 (T) 816-531-2444 (F)angie.williams@me.com www.williamslawkc.com And Valerie Tarbutton McCrummen Immigration Law Group, LLC 2005 Swift Ave. North Kansas City, MO 64116 816-221-5444(T) 816-474-6822 (F) valerie@kcimmigrationlaw.com www.kcimmigrationlaw.com

My Client is an Immigrant. Now what? In all representation, it is important to verify the whether the client is a US citizen. Non-citizens, especially undocumented people may have immigration options.

Types of “Victim’s” Visas • U Visa- Visa for victims of certain qualifying crimes • T Visa- Visa for the victims of Human Trafficking • VAWA-Violence Against Women Act- Visas for abused spouses or children of US Citizens or Permanent Residents • Juvenile Visas- Special Juvenile Immigrants or Unaccompanied Minors • Deferred Action-Temporarily Stops Physical Deportation • Self Petitioning

U Visa I-918 • Nonimmigrant Status if in US/U Visa if outside US • Goal- to encourage undocumented people to report crimes and cooperate with law enforcement • Can be found at INA § 101(a)(15)(u)-Definitions; §214(p)-Numerical limits and procedure: 8 CFR §214; adjustment of status: INA §245(m) • Requires the alien (1) suffered physically/mentally as the result of being the victim of a qualifying crime, (2) has information helpful to an investigation, (3) has been helpful, was helpful, or is likely to be helpful in an investigation/prosecution, (4) qualifying criminal activity occurred in the United States. 8 CFR §214.4(b) • MUST have certification from law enforcement, prosecutor or judge (Form I-918B)

U Visas Continued • If approved gives the person and certain derivatives legal status and the right to work for 4 years • At the end of 3 years the person may self petition for Lawful Permanent Residency • After 5 years of Residency the person my self petition for US Citizenship • Waives almost all grounds of inadmissibility except committing genocide and being a member of the Nazi party (Form I-912)

T Visas I-914 • Definitions and Procedure: 8 CFR §214.11, INA 101(a)(15)(T) • Qualifications: (1) Be a victim of a severe form of trafficking in persons (2) Be physically present in the US as a result of the trafficking (3) Comply with any reasonable request for assistant or prosecution (4) would suffer extreme hardship involving unusual and severe harm upon removal from the US. 8 CFR §214.11(b)

T Visas Continued • Some family members can be included • Eligible to work/live in the US • 4 year status • May self petition for Lawful Permanent Residency After 4 years OR at the completion of the investigation/prosecution INA §245(l) • Pro- No need for the certification (must show attempt to get a certification) • Con- Higher level of proof of meeting the trafficking definition

Polling Question

VAWA I-360 • Definitions: INA §204(a), Procedure: 8 CFR §204.2(c) • Not just for women, can be abused men or children (USC or LPR) or parents (USC only) • Abuser must be USC or LPR: This statute takes the place of the Abusing Petitioner • Requirements: (1) resided with USC/LPR abuser, (2) battered or subjected to extreme cruelty during marriage, (3) marriage entered into in good faith, (4) otherwise eligible for a visa, (5) has good moral character

VAWA • Subjected to battery or extreme cruelty by the abuser • Resides or resided with the abuser • Good moral character • Pro- Do not need a sponsor and is self petitioning, can work, can remarry after petition is approved, can have derivatives; can apply to 751 as well as initial residency; Can apply for residency immediately if you qualify; 3 years to NATZ

VAWA • Cons: GMC not auto-waived like with U’s and T’s; Criminal history might make you ineligible; Multiple entries, deportations, Voluntary returns might make you ineligible; If married to a LPR you have to wait for the priority date; Common law marriage very hard to prove: No benefit if abuser is undocumented (though U might be available)

Children • Children can qualify for U’s, T’s & VAWA either as the stand alone victim or as a derivative to mom or dad • Abused, abandoned or neglected children- SIJS- Special immigrant juvenile status- Requires a guardian, maybe even one parent, needs state court action followed by immigration petition that takes them directly to LPR

Children • Juveniles in State Juvenile Court system • Juveniles in Federal Custody • MUST have a state juvenile court dependency order • Dept of Health and Human Services has responsibility for care and custody of unaccompanied minors in federal custody • May be able to file an asylum application in some situations

Children • Pros- One Stop Shop from undocumented to LPR; waives many things but not everything; Gives you until 21 to apply for the immigration benefit; Quick adjudication (180 days); Eligible to work; Cannot apply for abusive parents • Cons- have to be under 18 to get the state order but you have until 21 to apply for the immigration benefit; have to have a state court finding that the child needs a guardian not solely for immigration purposes; tricky if there are multiple entries or if even 1 parent of the child is in the US (though not impossible)

You may be the first person to hear this story • Representing victims means building a trust relationship with them. • This relationship sometimes takes time to develop • Be aware of your own limitations and preconceptions • Be courteous and do not dismiss what the person is saying

Considerations • Be aware of the cultural and social implication of what the client is telling you • Be aware that you will probably not get the whole story the first time • Be aware that depending on the trauma to the victim their story might be disjointed and have later remembered details • Be aware they may even lie because of shame or embarrassment

Other issues • Victim’s Statement • Your job as the editor or re-writer or transcriber • Working with very traumatized people • Working with translators/interpreters • What if the client has cold feet later? • What if he or she is still living with the abuser? • Working with difficult police, prosecutors or court victim’s advocates

Questions?

Representing Victims in T’s, U’s & VAWA