MINORS IN REMOVAL

1. MINORS IN REMOVAL Moderator: Rosanne Milano Panelists: Laurie Carafone, KIND (Kids in Need of Defense) Nancy Kelly, GBLS (Greater Boston Legal Services, Inc.) Patrick Taurel, AIC (American Immigration Council)

2. SPECIAL IMMIGRANT JUVENILE STATUS(SIJS)

3. Definition of UAC at entry NO immigration status Under 18 No parent/guardian Office of Refugee Resettlement (ORR) Release to sponsor or foster care Unaccompanied Alien Child (UAC)

4. 1. Unmarried & under 21 *In MA, generally need predicate order before18* 2. Dependent on state court 3. Cannot reunify (abuse, abandonment, neglect, other “similar basis”) 4. Best Interest SIJS: Eligibility Criteria

5. Guardianship/Custody/ Other Petition + Motion for Special Findings _____________________________ = Predicate order signed by judge SIJS Phase I: Special Findings Order

6. Role of USCIS Jurisdiction / Lockbox Deference to state court Interview SIJS Phase 2: File I-360 with USCIS

7. Where do I file? File I-485 with court OR Motion to terminate and file with USCIS SIJS Phase 3: Adjustment of Status (I-485)

8. Deferred Action for Childhood Arrivals (DACA)

9. June 15, 2012 Announcement: DHS to grant deferred action for young people who were brought to the U.S. as children and meet specific eligibility criteria. What is deferred action? What isn’t deferred action? What is DACA?

10. Under 31 on 06/15/12; Came before turning 16; Continuous residence requirement; Physical presence requirement; EWI or lawful status expired requirement; Education or military service requirement; and Public safety/national security bars. ALSO – client must be at least 15 years old to request DACA from USCIS, unless you are in removal proceedings, have a final order, or a voluntary departure order Eligibility Requirements

11. Fees Filing for DACA Forms Total fee of $465. $380 fee plus $85 fee for biometric services. No fee waivers are available, but there is a limited fee exemption process

12. 120 days No supporting evidence necessary for most renewal requestors Filing fee remains $465 Renewal will be on I-821D. May use ELIS. What to Know About Renewal (as of 01/30/14)

13. Q. Can DACA requestors travel? A. No. Advance Parole May apply for AP only after receiving DACA 6 Things to be mindful of in DACA context I-512L Not Multiple Entry Unless Specifically Requested USCIS will grant AP for no longer than necessary to accomplish purpose of trip CIR False claims and other 212 grounds Prior removal orders Potential adjustability Next Steps for DACA Grantees – Travel, cont.

14. Detained – cannot apply for DACA with USCIS. Must seek release. Not Detained – apply for DACA with USCIS. Seek OCC’s position on joint motion to terminate or admin close. Reopening If lower level officials behaving badly, go up the chain of command. My Client is in Proceedings or has a Prior Order

15. Minors and asylum

16. Asylum Eligibility Must be a refugee INA §101(a)(42) Refugee if: Past Persecution Or Well-founded Fear of Future Persecution On Account of: Race Religion Nationality Political Opinion Membership in a Particular Social Group

17. Past Persecution Presumption of Well-Founded Fear Rebut if: 1. Fundamental Change in Circumstances Or 2. a. Reasonably Relocate within Home Country b. Reasonable to Expect Him/Her to do so Overcome Rebuttal if: 1. Would Suffer Other Serious Harm 2. Severity of Past Persecution

18. Children and Asylum Types of Cases: Political Opinion/ Imputed or Actual Gang Related Sexual Orientation Domestic Violence Cultural Practices (FGM, Forced Marriage) Street Child Trafficking

19. Procedure: Children’s Docket USCIS Jurisdiction in First Instance for UACs One Year Filing Deadline Child Sensitive Procedures Issues: Child Sensitive Interviewing Articulating and Documenting the Claim Level and Form of Persecution Harm to Family Members Persecution because of Family Membership Country-Wide Persecution

20. HYPOTHETICALS

21. QUESTIONS