1 / 49

Presented by: Sonia Parras Konrad ASISTA Sonia@asistahelp

USEFULL TIPS FOR PRACTITIONERS WORKING WITH IMMIGRANT CLIENTS Polk County Bar Association Continuing Legal Education. Presented by: Sonia Parras Konrad ASISTA Sonia@asistahelp.org. The Goal/Objectives. Identify “red flags” Consider immigration implications in Civil cases Criminal cases

errol
Download Presentation

Presented by: Sonia Parras Konrad ASISTA Sonia@asistahelp

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Sonia Parras Konrad- ASISTA USEFULL TIPS FOR PRACTITIONERS WORKING WITH IMMIGRANT CLIENTSPolk County Bar AssociationContinuing Legal Education Presented by: Sonia Parras Konrad ASISTA Sonia@asistahelp.org

  2. The Goal/Objectives • Identify “red flags” • Consider immigration implications in • Civil cases • Criminal cases • Identify specific measures to take to enhance access to justice • Proper referrals Sonia Parras Konrad- ASISTA

  3. True or False? • Being undocumented is a crime • Undocumented people can apply to work • Undocumented people can apply to be US citizens • People without immigration status cannot access the legal system i.e. file for divorce Sonia Parras Konrad- ASISTA

  4. True or False? • Anyone born in the U.S. is a US citizen even if her parents are undocumented • A lawful permanent resident may be deported • The undocumented parents of US citizen children may be deported • Someone born outside the US may be a US citizen Sonia Parras Konrad- ASISTA

  5. True or False? • Some people born outside the U.S. are U.S. citizens • Puerto Ricans are not U.S. citizens • A person in immigration removal proceedings has the right to a lawyer • Marrying a U.S. citizen is an automatic path to legal status Sonia Parras Konrad- ASISTA

  6. Immigration Terminology • Citizens: • Acquired by birth in the U.S. (or territories) • Acquired by birth abroad • Derived by naturalization of parent • Derived by residence with citizen parent • Naturalization Sonia Parras Konrad- ASISTA

  7. Aliens • Nonimmigrant • Immigrant – Lawful Permanent Resident (LPR) • Family-based visas • Employment-based • Refugee, asylum • Defenses to removal • Long residence • Special immigrants - Diversity visa lottery Sonia Parras Konrad- ASISTA

  8. Undocumented • Without legal status – because entered without admission or inspection (EWI) • Entered with legal status but overstayed or violated conditions of stay Sonia Parras Konrad- ASISTA

  9. How Immigration System Works • DHS: Department of Homeland Security • CIS: Citizenship and Immigration Services • Administrative applications for “benefits” • ICE: Immigration and Customs Enforcement • Detaining and removing those inside US • CBP: Customs and Border Protection • Airports, border, 100 miles inside border Sonia Parras Konrad- ASISTA

  10. More on System • EOIR: Executive Office for Immigration Review • If detained by ICE/CBP (most cases) • If denied by CIS and issued hearing notice • Immigration judges (no appointed counsel) • Board of Immigration Appeals • Federal Courts of Appeal Sonia Parras Konrad- ASISTA

  11. Family Based Immigration • U.S. citizen may immigrate: spouse, parents, children (any age), and siblings • LPR may immigrate spouse and unmarried children (any age) • Either as an immediate relatives (no annual limit) or in preference system (under annual quota) Sonia Parras Konrad- ASISTA

  12. Section I • Intersection between Immigration Law & Criminal Law Sonia Parras Konrad- ASISTA

  13. Reasons for Removal Inadmissible: Entered without permission Seeking entry Applying for lawful permanent residence Deportable: Entered lawfully (admitted) Stayed after visa/status expired Committed crime or other offense Sonia Parras Konrad- ASISTA

  14. ICE ACCESS Programs 14

  15. Where is my client? • The ICE ACCESS Programs use the criminal justice system to channel immigrants into the deportation system, regardless of whether they have convictions that make them deportable • Immigration enforcement now happens at every point of the criminal system: arrest, courts, jails and probation/parole • Criminal bond/ public defender • Immigration detainer • 48 hours to issue NTA, process and charge • Habeas Sonia Parras Konrad- ASISTA

  16. 16

  17. Rights of non-citizens detained by DHS • Speak to an unappointed attorney • Hearing with Immigration Judge • Unappointed attorney at hearing and interview • Request release from detention unless subject to mandatory detention INA Sect 236 (d) Sonia Parras Konrad- ASISTA

  18. Defense Goals For Undocumented Persons (UPs) 1- Avoid ICE apprehension by getting/staying out of jail. - A UP who goes to jail for even one day is likely to encounter ICE, get an immigration detainer imposed and end up in ICE custody & removal proceedings. - If no detainer has yet been imposed, getting out of jail asap may be highest priority. Pay bond! Sonia Parras Konrad- ASISTA

  19. Cont. 2. Preserve avenues to obtain lawful status. • Congress currently debating immigration law changes that will provide UP with avenue to get lawful permanent resident (LPR) status. • Many UPs already have avenues to obtain lawful status, especially if LPR/USC spouse. • Criminal convictions could render them ineligible to do this. Preserving avenue(s) to obtain LPR status may be highest priority. (ie, 2 simple misdemeanors will render a person ineligible for TPS)  Sonia Parras Konrad- ASISTA

  20. Defense Goals For Lawful Permanent Residents (LPRs) & Refugees 1. Avoid a conviction that triggers deportation. Even where you do, advise clients not to leave the U.S. or apply for LPR status/citizenship without first consulting an immigration attorney. Sonia Parras Konrad- ASISTA

  21. Cont. 2. If #1 is not possible, preserve avenues for relief from deportation. LPRs and refugees will get a hearing before an immigration judge who has the power to grant discretionary “relief from removal (deportation)” through one of several legal avenues to qualifying noncitizens. Sonia Parras Konrad- ASISTA

  22. Sample Cheat Sheet: Sentences • All aggravated felonies • 365 days or more = potential aggravated felony problem • Maximum possible sentence = year or more, AND actual sentence of over 6 months MAY trigger crime of moral turpitude • Any period of confinement of 180 days or more = Good Moral Character bar • PADILLA-counsel must inform a client whether his plea carries a risk of deportation. Mr. Padilla's Sixth Amendment right to counsel was violated because counsel could have easily determined that a guilty plea would make Mr. Padilla eligible for deportation. Sonia Parras Konrad- ASISTA

  23. What You Can Do • Refer your client to an immigration expert • Check AILA • Develop partnerships • Sign up for National Immigration Project • Explain rights and remedies to all parties and ensure they understand them • Always give advisals about immigration consequences of criminal convictions Sonia Parras Konrad- ASISTA

  24. Sonia Parras Konrad- ASISTA SECTION IIA CROSSROAD IMMIGRATION AND FAMILY LAW

  25. INTERSECTIONS • Adoption Cases • Juvenile Court • Dissolution of Marriage (In General) • Spousal Support • Child Custody/Visitation • Domestic Violence Cases • Protective Orders • Remedies for Battered Immigrants Sonia Parras Konrad- ASISTA

  26. ADOPTIONS Sonia Parras Konrad- ASISTA

  27. ADOPTION CASES • Intercountry Adoption Act of 2000 • Adoption under INA Sec. 101 (b)(1)(F) • Orphan adoption under INA Sec. 101 (b)(1)(F) • Hague Convention under INA Sec. 101 (b)(1)(G) • U.S. State Department • Specific information on international adoptions htpp://Travel.state.gov. Sonia Parras Konrad- ASISTA

  28. ADOPTION CASES • Adoption-age limitation • Before child reaches 16 • Matter of Cariaga, 15 I.& N. Dec. 716, 1976 WL 32364 (B.I.A 1976). • Two years residence requirement; Two years legal custody prior to petition for immigration status (before or after the adoption) • Physical custody is not necessary. Matter of Cho, 16 I &N. Dec. 188, 1977 WL 39247 (B.I.A. 1977) • Exception to CINA • Must be valid in the country or state where it took place • Will need court decree or official document. Sonia Parras Konrad- ASISTA

  29. SPECIAL IMMIGRANT JUVENILE STATUS Sonia Parras Konrad- ASISTA

  30. SIJS-REQUIREMENTSINA Sec. 101 (a)(27)(J) • The applicant must be under the jurisdiction of the court or other juvenile proceeding • The applicant must have been deemed eligible for long term foster care (amended) • The court or some administrative agency must rule that it is not in the child’s best interest to be returned to his/her home country Sonia Parras Konrad- ASISTA

  31. What you can do • The court should make clear that it made its findings and orders based on abuse, neglect or abandonment of the child as opposed to assist the child in gaining immigration status • The juvenile court should sign an order making the above findings • Juvenile court must retain jurisdiction Sonia Parras Konrad- ASISTA

  32. DISSOLUTION OF MARRIAGE IN GENERAL Sonia Parras Konrad- ASISTA

  33. FAMILY RELATIVE PETITIONWHO IS WHO? • PETITIONER • Initiates process • Controls the petition • Can cancel, withdraw, not follow through • BENEFICIARY • Family member who is going to immigrate, qualifying relative • No control over petition • Must overcome grounds of inadmissibility • Petitioner MUST have the immigration status required for the petition (USC/LPR) • Petitioner and Beneficiary MUST have a qualifying relationship Sonia Parras Konrad- ASISTA

  34. Dissolution of Marriage • If no final immigration status, entering final decree will destroy immigration process • Careful with “appearance of final immigration status,” (I-751) • Pending Family Relative Petitions no longer viable (I-130/ I-485/I-765) • Non-immigrant dependents also affected (F, H,) • After 2 years bar for VAWA Self Petition relief Sonia Parras Konrad- ASISTA

  35. Top Strategy in Family Court • Bring immigration status as the focus of the case. • This only happens when the other party has immigration status and is often a tactic to bring attention to the immigration status rather than the matter at hand. • Educate your Judge, bring expert witness if needed • Lack of immigration does not mean removal is imminent Sonia Parras Konrad- ASISTA

  36. Is Your Client a Victim of Domestic Abuse? • SPECIAL REMEDIES UNDER THE VIOLENCE AGAINST WOMEN ACT • Dissolution will not prevent battered immigrant from obtaining lawful permanent residency if Self Petition filed within 2 years of final decree. Sonia Parras Konrad- ASISTA

  37. HELP FOR IMMIGRANT VICTIMS OF CERTAIN CRIMES OF VIOLENCE • WAIVER OF JOINT FILING TO REMOVE CONDITIONS FROM LPR • I-751, INA Sec. 216 • SELF PETITION • I-360, INA Sec. 204 • CANCELLATION OF REMOVAL • INA Sec. 240A • U VISA • INA Sec. 101(a)(15)(U) Sonia Parras Konrad- ASISTA

  38. Self-petition U visa • Subjected to Battery or Extreme cruelty • By USC or LPR spouse or parent, o by USC son or daughter • Residence • Good Faith Marriage • Good Moral Character • Substantial physical or emotional abuse from criminal activity • Possesses information • Criminal activity must occur in US or violate US law • Law enforcement certification (was helpful, is helpful, likely to be helpful) in the investigation or prosecution Sonia Parras Konrad- ASISTA

  39. U Visa Crimes Rape Torture Trafficking Incest Domestic violence Sexual assault Abusive sexual contact Prostitution Sexual exploitation Female genital mutilation Being held hostage Peonage Involuntary servitude Slave trade Kidnapping Abduction Unlawful criminal restraint False imprisonment Blackmail Extortion Manslaughter Murder Felonious assault Witness tampering Obstruction of justice Perjury or attempt, conspiracy, or solicitation, to commit any of the above mentioned crimes Sonia Parras Konrad- ASISTA

  40. Call ASISTA! • 244-2469 • Asistahelp.org Sonia Parras Konrad- ASISTA

  41. SPOUSAL SUPPORT Sonia Parras Konrad- ASISTA

  42. I-864 Affidavit of Support • Required under INA § 213A with I-130 • I agree to provide the sponsored immigrant(s) whatever support is necessary to maintain the sponsored immigrant(s) at an income that is at least 125 percent of the Federal poverty guidelines. I understand that my obligation will continue until my death or the sponsored immigrant(s) have become U.S. citizens, can be credited with 40 quarters of work, depart the United States permanently, or die.” Sonia Parras Konrad- ASISTA

  43. Sonia Parras Konrad- ASISTA CHILD CUSTODY AND VISITATION INTERNATIONAL PARENTAL KIDNAPPING

  44. Preventive measures • Obtain preventive language in both a Protective Order and a Custody Decree • Language should include the following: • Court ordered supervised visitation. • Statement prohibiting the child from traveling outside jurisdiction/state/U.S. without client’s or court’s permission. • Both parties agreeing not to have Embassy issue passport on behalf of child. Sonia Parras Konrad- ASISTA

  45. Cont. • Ask foreign embassy or consulate not to issue a passport to your child. • Include statement signed by both parties with agreeing to the Hague convention terms • Inform foreign embassy that a copy is being sent to U.S. Dept. of State. Sonia Parras Konrad- ASISTA

  46. Sonia Parras Konrad- ASISTA IOWA CHAPTER 236 CROSS-ROAD;IMMIGRATION LAW & CIVIL PROTECTIVE ORDER

  47. Know your facts • Abusers raise the issue of the victim’s lack of legal immigration status. • Victims are often undocumented because of their abusers or status is connected to the abuser’s visa • Congress created different routes to protect immigrant victims against abuser’s use of the law to perpetuate control over their victims Sonia Parras Konrad- ASISTA

  48. Will my client be deported? • Issuance of a civil protection order does not trigger immigration consequences. • Violation of the protective provisions is a deportable offense. Sonia Parras Konrad- ASISTA

  49. Remember • Know your client’s immigration status • Partner with an immigration expert • Inform your client of rights if arrested by ICE • Connect with AILA, NIP, ASISTA • Asistahelp.org Sonia Parras Konrad- ASISTA

More Related