DO I HAVE A PATH TO A LEGAL STATUS IN THE UNITED STATES? Pro Se Boot Camp

DO I HAVE A PATH TO A LEGAL STATUS IN THE UNITED STATES?Pro Se Boot Camp

Pro Se Bootcamp • Partnership between volunteer attorneys and the William S. Boyd School of Law • We teach different legal topics every Friday at 11:30am • LACSN is looking for clients—contact them to apply for a pro bono attorney!

Purpose of this Class • To provide you with credible information regarding your immigration status. You may learn that there is no remedy available for you. • To provide you with resources that may help.

Purpose of this Class • You may attend this class as many times as you want. • You may sign up for a free consultation with an attorney at the end of the class.

Warning • Beware of notarios. Notarios are not trained attorneys and have defrauded individuals in our community. They might try to sell you a path that doesn’t exist. Attorneys can assist you with completing forms and providing legal advice; however, notarios can only assist with completing forms and cannot provide legal advice.

Warning • If you have been cited, arrested or convicted of a crime, you should speak with an attorney before filing any immigration documents. • If you entered the country without inspection, you should speak with an attorney before filing any immigration documents.

You may have a path to citizenship if one of the following applies: • You have a family member who has legal status. • You were abused by your spouse, child or parent. • You were the victim of domestic violence, sexual assault or other specified crime.

You may have a path to citizenship if one of the following applies: • You were the victim of human trafficking. • You left your country because of persecution or fear of persecution due to your race, religion, nationality, political opinion, or membership in a particular social group. • You are a Cuban native or citizen.

Terminology • Undocumented refers to someone with no legal permission from the U.S. government to be in the United States. • Lawful Permanent Resident (LPR)-any person not a citizen of the U.S. who is residing in the U.S. under legally recognized and lawfully recorded permanent residence; green card holder

Terminology • U.S. citizen (USC)-person who by place of birth, nationality of one or both parents, or by going through the naturalization process has sworn loyalty to the U.S. • U.S. National-a person born in our having ties with an outlying possession of the U.S. (American Samoa and Swain Island). • Temporary Protected Status (TPS)-Protected status granted to individuals from certain designated countries.

1) Family Petition Overview & Requirements This might apply if you have a parent, child, husband, wife or sibling that is either a United States citizen or lawful permanent resident.

1) Family Petition Overview & Requirements Step One: The Petition • Only a United States citizen or lawful permanent resident can file a petition on behalf of a family member. The individual filing the petition is called the petitioner. The family member who is going to immigrate is called the beneficiary. • You must demonstrate a family relationship exists (parent and child, husband and wife, siblings). • Birth certificates and marriage licenses • A married couple may also have to show the marriage is bona fide.

1) Family Petition Overview & Requirements Step Two: Application to Immigrate • If the beneficiary is an immediate relative of a United States citizen, then he or she can immigrate quickly. Visas are always available for immediate relatives. A person qualifies as an immediate relative if he or she is the spouse, child or parent of a United States citizen, who is at least 21 years old.

1) Family Petition Overview & Requirements Step Two: Application to Immigrate • Other relatives of United States citizens and lawful permanent residents can immigrate if they qualify for a visa under the preference system. The number of people who can immigrate each year under the preference system is limited. Thus, a beneficiary may have to wait several years before he or she can immigrate.

1) Family Petition Overview & Requirements Step Two: Application to Immigrate • The waiting times can vary greatly depending on your country, category and priority date.

1) Family Petition Overview & Requirements Step Two: Application to immigrate • If you are a United States citizen or Lawful Permanent Resident and the family member you are petitioning for is unlawfully present in the U.S., you are not barred from petitioning for that family member, but should consult an attorney to discuss the implications of their unlawful presence.

1) Family Petition Overview & Requirements Step Two: Application to Immigrate • People can immigrate in one of two ways: by applying for an immigrant visa through consular processing in another country at a U.S. consulate or by applying for adjustment of status at a USCIS office in the United States. • When the beneficiary applies to immigrate, he or she must be admissible. This means no ground of inadmissibility applies. If grounds of inadmissibility exist, the beneficiary may still be able to immigrate if a waiver is granted.

1) Family Petition Overview & Requirements Step Two: Application to Immigrate • Some married couples will have to go through a third step. The beneficiary may receive a Lawful Permanent Resident card with a condition attached to it that must be removed at the expiration of two years. The couple must petition jointly to remove that petition. The beneficiary may petition alone to remove the condition under certain limited circumstances.

1) Family Petition Overview & Requirements Derivative Beneficiaries: • People who immigrate under the preference system can have their children and spouses immigrate with them on the same petition to keep the family together. • There are no derivative beneficiaries of immediate relatives. Anyone who immigrates as an immediate relative must qualify in his or her own right and the petitioner must file separate visa petitions for each person.

2) Violence Against Women Act Overview & Requirements (VAWA) This might apply if you were subject to battery or extreme cruelty by your USC or LPR spouse , parent or USC child.

2)Violence Against Women Act Overview & Requirements (VAWA) • An abused spouse, child or parent of a USC or LPR may file a self-petition for immigration relief without the abuser’s involvement. • There is no limit on the number of VAWA petitions approved each year. • VAWA is not limited to women.

2) Violence Against Women Act Overview & Requirements (VAWA) Spouse • You were abused by your Lawful Permanent Resident or United States citizen spouse. • You may include your unmarried children under 21 if they have not filed for themselves. • Must demonstrate the following: • The status of your spouse • Good faith marriage • You resided with your spouse. • You suffered battery and/or extreme cruelty by your spouse. • You are a person of good moral character.

2) Violence Against Women Act Overview & Requirements (VAWA) Parent • You were abused by your United States citizen child who is at least 21 when the petition is filed. • Must demonstrate the following: • The status of your child • You resided with your child. • You suffered battery and/or extreme cruelty by your child. • You are a person of good moral character.

2) Violence Against Women Act Overview & Requirements (VAWA) Child • You are under 21 and unmarried and were abused by your USC or LPR parent. You may include your children on your petition. You can file after 21 but before 25, if you can demonstrate that the abuse was the reason for the delay in filing. • Must demonstrate the following: • The status of your parent • You resided with your parent. • You suffered battery and/or extreme cruelty by your parent. • You are a person of good moral character. A child under 14 is presumed to have good moral character.

2) Benefits of VAWA • The ability to remain in the U.S. legally. • The ability to obtain an employment authorization document (EAD) to work legally; EAD is renewable each year. • If the abuser is a United States citizen, you can also apply for adjustment of status concurrently.

2) Benefits of VAWA • If your abuser is a Lawful Permanent Resident, you must wait for your priority date to become current before you can apply for adjustment of status. You will have deferred action status based on your approved VAWA while you wait for your priority date. • Everyone may not be able to adjust status. If a ground of inadmissibility is present, you may be barred from adjusting status. • Provides path to citizenship.

3) U Visa Overview & Requirements This may be an option for you if you were a victim of a crime, suffered substantial physical or mental abuse as a result of the crime, and cooperated in the investigation of the crime.

3) U Visa Overview & Requirements The U Visa provides status to victims of certain serious crimes who have suffered substantial physical or mental abuse as a result of the crime. Only 10,000 are issued each year. Once the 10,000 visas are issued, an individual can be granted deferred action. This means he or she is a low priority for removal and can apply for an employment authorization document: • Must be the victim of a qualifying criminal activity and obtain certification from law enforcement or other agency.

3) U Visa Overview & Requirements • Must have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity. • You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next of friend may assist law enforcement on your behalf.

3) U Visa Overview & Requirements • The crime occurred in the U.S. or violated U.S. laws.

3) Qualifying Criminal Activity • Includes any similar activity when the elements of the crime are substantially similar. • Includes attempt, conspiracy or solicitation to commit any of the above crimes.

3) Substantial Physical or Mental Abuse

3) Substantial Physical or Mental Abuse Your personal declaration will detail the substantial physical and/or mental abuse that you have suffered. Other evidence of the abuse may include: • Medical records • Police report • Court records • Pictures • Statements from 3rd parties

3) Did you help law enforcement?

3) Did you help law enforcement? The certifying agency must sign the I-918, Supplement B. The certifying agency can withdraw the certification if you stop cooperating with the investigation. The certifying agency is merely certifying that you were helpful in the investigation of the crime. They are not advocating for you to gain immigration status. The certification is only valid for six (6) months. United States Citizenship and Immigration Services (USCIS) may request that you obtain a new certification.

3) Benefits of U Visa • You can petition for certain family members. If you are 21 or older, you can petition for your spouse and unmarried children under the age of 21. If you are under 21, you can apply for your spouse, children, parents and unmarried siblings under 18. • You can remain legally in the U.S. for four (4) years. • You can work legally in the U.S. for four (4) years.

3) Benefits of U Visa • You can become a Lawful Permanent Resident at the expiration of three (3) years. • Provides path to citizenship.

4) T Visa Overview & Requirements This may apply to you if you were brought to the United States as a victim of human trafficking.

4) T Visa Overview & Requirements The T Visa provides status to victims of human trafficking. Only 5,000 are issued each year. • Must be the victim of human trafficking • Must have arrived in the U.S. or a U.S. territory as a result of the human trafficking • Must comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of the human trafficking. It is preferred that you obtain certification from law enforcement or other agency. • Demonstrate that you would suffer extreme hardship if you were removed from the U.S.

4) Benefits of T Visa • You can petition for certain family members. If you are 21 or older, you can petition for your spouse and unmarried children under the age of 21. If you are under 21, you can apply for your spouse, children, parents and unmarried siblings under 18. • You can remain legally in the U.S. for four (4) years. • You can work legally in the U.S. for four (4) years.

4) Benefits of T Visa • You can become a Lawful Permanent Resident at the expiration of three (3) years. • Provides a path to citizenship.

5) Asylum Overview & Requirements This may apply to you if you fled your country because you were afraid of persecution due to your race, religion, nationality or beliefs.

5) Asylum Overview & Requirements • Asylum is a form of protection from removal to a country of feared persecution of an individual due to his or her race, religion, nationality, membership in a particular social group, or political opinion that allows an eligible refugee to remain in the United States and eventually to become a lawful permanent resident. • You must apply for asylum within one year of your last arrival in the United States. Limited exceptions are available. You can apply for withholding of removal after one year if you can show that there is a clear probability of persecution if you were returned to your country.

5) Asylum Overview & Requirements • You can include your spouse and children under 21 and unmarried who are present in the U.S. at the time you file or any time until a final decision is made. • If your spouse and children are out of the country, you can petition for them. You must file the petition within two (2) years of being granted asylum.

5)Asylum Overview & Requirements • You may apply for Lawful Permanent Resident status one (1) year after being granted asylum. • There are two (2) processes for applying for asylum. Affirmative asylum processing occurs with United States Citizenship and Immigration Services. Defensive asylum processing occurs when you request asylum as a defense against removal from the U.S.

5) Asylum Overview & Requirements • You cannot apply for your employment authorization document at the same time you apply for asylum. • If you are granted asylum, you may work immediately. An employment authorization document is not necessary to work if you are an asylee. • Due to the large number of asylum applications being filed, the processing time has significantly increased. United States Citizenship and Immigration Services has established a prioritization system to process the numerous applications.

6) Cuban Adjustment Act of 1966 This may apply if you are a Cuban citizen or have Cuban ancestry.

6) Cuban Adjustment Act of 1966 Provides a procedure to grant Cuban natives or citizens and their children and spouses lawful permanent residency status. Requirements: • Must have been present in the U.S. for at least one (1) year, been admitted or paroled into the U.S. and be admissible as an immigrant. • No underlying immigrant petition has to be filed. • Provides a path to citizenship.

Citizenship • Immigrants can become United States citizens through a process called naturalization. • You are a citizen if you were born in the U.S. or its territories of Puerto Rico, the U.S. Virgin Islands, Guam or the Northern Mariana Islands. • You may have acquired citizenship at birth if one or both of your parents were citizens at that time and you were born outside of the U.S. • If one or both parents became naturalized U.S. citizens before you were 18 years old, you may have derived citizenship.

Citizenship Requirements for Naturalization: • Be at least 18 years old. • Be a lawful permanent resident for 5 years (3 years if you are married to a U.S. citizen). • Have made the United States your continuous residence for 5 years (3 years if you are married to a U.S. citizen). 4. Have been in the United States for at least half of the 5 years (3 years if you are married to a U.S. citizen) before applying for naturalization.

DO I HAVE A PATH TO A LEGAL STATUS IN THE UNITED STATES? Pro Se Boot Camp