Review of Current Immigration System Trafficking and Dispelling

Review of Current Immigration System, Trafficking, and Dispelling Myths Presented by Jennifer Smith, SMITH IMMIGRATION www. glenwoodimmigration. com Copyright © 2019 Smith Immigration. All Rights Reserved.

Disclaimer: This is an informational session only, designed to help you understand the general nature of the immigration system and the impact of this system on clients. ■ We have not created an attorney-client relationship with any attendee. ■ We will not be providing individual legal advice to any attendee. ■ Do not use the information you learn today to commit the unauthorized practice of law.

Immigration 101

Immigration Agencies • What agencies are involved? • ICE (Immigration & Customs Enforcement) • CBP (Customs & Border Protection) • CIS (Citizenship & Immigration Services) • DOJ: EOIR (Executive Office for Immigration Review), BIA (Board of Immigration Appeals) • DOS (Dept. of State) • DOL (Dept. of Labor) Copyright 2017. Smith Immigration • DHS (Dept. of Homeland Security)

• U. S. Citizens • Immigrants - Lawful Permanent Residents (LPR) • Non-immigrants - Visa holders (e. g. tourist, business, U/T visas) • No lawful status/undocumented – DACA, TPS, EWI’s, overstays Copyright 2017. Smith Immigration Categories of Immigration Status

• Sponsored • “Green card” holders Immigrants/Preference • Noncitizens who have authorization to work in Categories • Employment Based the U. S. • Family Based • Can serve in the U. S. military • Others, e. g. : • Cannot vote • Diversity Lottery • Must follow certain • Asylum/Refugee guidelines when they • Victims of Crime travel • May be deported (e. g. criminal convictions, abandonment) Copyright 2017. Smith Immigration Lawful Permanent Residency (LPR)

• U. S. citizens can sponsor their spouses, parents, and children (under 21, unmarried). If otherwise admissible, these family members are eligible for LPR status immediately upon approval (“immediate relatives”). • U. S. citizens can sponsor their adult sons & daughters (married or single) and their siblings, but they are subject to the preference system. • LPRs can sponsor their spouses, children, and adult unmarried sons & daughters, subject to the preference system. Copyright 2017. Smith Immigration Family Based Immigration

Family. Sponsored All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES F 1 22 AUG 11 01 AUG 97 01 MAR 07 F 2 A 08 NOV 16 15 OCT 16 08 NOV 16 F 2 B 15 MAR 12 08 JUN 97 22 JUN 07 F 3 15 AUG 06 22 DEC 95 22 JUL 95 F 4 22 MAY 05 15 JUN 04 08 FEB 98 01 SEP 95 Copyright 2017. Smith Immigration Family Based Immigration

Non-immigrants • Immigrants whose stay is temporary • Authorized to stay for specific period of time, then must return home or apply for extension • In some cases eligible to apply for LPR Copyright 2017. Smith Immigration • E. g. tourists and business visitors (B 1/B 2), students (F/J), seasonal/temporary workers (H), investors (E), U/T visas

Other categories • • DACA (Deferred Action for Childhood Arrivals) TPS (Temporary Protected Status) Stay of Removal Deferred Action

Visas for Victims of Trafficking

What is trafficking? • While people smuggling and human trafficking are linked there are fundamental differences between the two. • Smuggling involves migrants being facilitated with entry through illegal means whereas trafficking must have threat of or use of force, coercion or deception against a victim. • Trafficking in persons (TIP) can be compared to a modern day form of slavery. It involves the exploitation of people through force, coercion, threat, and deception and includes human rights abuses such as debt bondage, deprivation of liberty, and lack of control over freedom and labor. Trafficking can be for purposes of sexual exploitation or labor exploitation.

T visa Eligibility § CLIENT is a victim of a severe form of trafficking in persons § TRAFFICKER recruited, harbored, transported, provided, and/or obtained CLIENT for labor or services in the United States § TRAFFICKER used force, fraud, or coercion to recruit/harbor/transport/provide/obtain CLIENT to perform labor or services § TRAFFICKER recruited/harbored/transported/provided/obtained CLIENT for the purposes of involuntary servitude § Analogous cases § CLIENT is physically present in the U. S. on account of the trafficking § CLIENT complied with all reasonable requests for assistance by law enforcement § CLIENT would suffer extreme hardship involving unusual and severe harm upon removal

Sample Scenarios • Domestic servant accompanying US citizen, or a NIV holder, may enter on a B -1 (Trafficking often happens due to violation of labor laws and Trafficking laws by the family that brought the servant) • J-1 workers are supposed to have a contract and terms and safe conditions, but their hosts or employers may have other ideas for them on arrival • H-2 A and H-2 B workers may escape intimidation, violence, unsafe conditions • Fraud in labor contracting may be the first step in trafficking • True story from the valley https: //www. postindependent. com/news/mexican-government-steps -in-for-workers-stranded-in-glenwood/

Red Flags • • • What is your understanding of what would happen to you if you left your job? What would happen to you if you went home/returned to your home country? Have you been physically harmed or threatened to be harmed in any way? Have you been deprived of food, water, sleep, medical care? Are you allowed to come and go as you please? Talk to family? Did you sign a contract? What did it say? Did your employer provide your shelter? What were those conditions like? Do you owe money to your employer? Did your boss tell you what to say if the police come? Are you forced to have sex as part of your job? What happens if you make a mistake at work? Are you free to leave your employment situation? What is your understanding of what would happen if you did? Are there guards or video cameras at work? • Where and how do you keep your wages?

Value of a T visa § § § T-Visas are valid for four years Provides work authorization Opportunity to travel on advance parole Allows T nonimmigrant to bring family members Provides for adjustment of status at the end of three years or at the completion of the investigation/prosecution

Copyright 2017. Smith Immigration Call 1 -888 -373 -7888 ( TTY: 711)|Text 233733

Dispelling the Myths and Rumors

Can a person access state and federal benefits? ■ Nothing has changed the law yet. ■ https: //www. nilc. org/issues/economic-support/overview -immeligfedprograms/ ■ https: //www. nilc. org/issues/economic-support/ ■ Each program has it’s own rules and there is no legal basis to deport anyone who is accessing a program to which he or she is legally entitled.

• Both ICE and CBP have sensitive location policies. • This means that the agencies will not undertake enforcement actions at these locations. • Schools, health care facilities, places of worship, funerals and weddings, and public demonstrations • https: //www. cbp. gov/border-security/sensitive-locationsfaqs • https: //www. ice. gov/ero/enforcement/sensitive-loc Copyright 2017. Smith Immigration Is it safe to access school, church, and health care?

If you are not a licensed attorney, what can you tell clients who ask about immigration?

Notarios, Paralegals, and Legal Assistants, case managers, therapists, nurses, tax preparers, etc. , are NOT lawyers ■ It is illegal for anyone who is not a lawyer to practice law. C. R. S. § 12 -55110. 3 is the Colorado law on how notaries public may advertise for services. Among other requirements, a notary public who is not an attorney, and who advertises in a language other than English, must make clear that he or she is not an attorney and cannot practice law. https: //www. stopfraudcolorado. gov ■ Even lawyers make mistakes. http: //www. coloradosupremecourt. com/Complaints_Disc. asp

What can you tell clients to be prepared? • Talk to an immigration attorney • Have a family action plan • Know where your important documents are located and make sure a trusted friend knows where to find them • Know who to call if something happens to your family • Carry evidence of your proof of presence in the US and legal status if you have it • Memorize important phone numbers • Carry a know your rights card • Save money for bond attorneys

Stay informed ● American Immigration Council provides information and analysis about the US immigration system and related issues and policies. www. americanimmigrationcouncil. org ● Department of Homeland Security Agencies provide information about policies and procedures governing lawful immigration law. www. uscis. gov; cbp. gov; ice. gov

Thank you. Smith Immigration Helping Others Open New Doors 932 Cooper Glenwood Springs, CO 81601 970 -945 -5111 www. glenwoodimmigration. com