Sonia Parras Konrad ASISTA USEFULL TIPS FOR PRACTITIONERS

Sonia Parras Konrad- ASISTA USEFULL TIPS FOR PRACTITIONERS WORKING WITH IMMIGRANT CLIENTS POLK COUNTY BAR ASSOCIATION CONTINUING LEGAL EDUCATION Presented by: Sonia Parras Konrad ASISTA Sonia@asistahelp. org 1

The Goal/Objectives Power. Point 2 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

True or False? Power. Point 3 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

True or False? 4 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

True or False? 5 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

Immigration Terminology 6 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

Aliens 7 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

Undocumented 8 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

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 Power. Point 9 Sonia Parras Konrad- ASISTA

More on System Power. Point 10 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

Family Based Immigration 1 1 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

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

Reasons for Removal Power. Point 13 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

ICE ACCESS Programs 287 g Program Criminal Alien Program Operation Community Shield Secure Communities Rapid REPAT Operation Predator Operation Firewall Law Enfcmt Support Ctr LESC Document and Benefit Fraud Task Force Customs Cross. Designation Intellectual Property Fugitive Rights Center Operations Teams Border Enforcement Asset http: //www. ice. gov/oslc/ice Security Task Force Forfeiture/E access. htm quitable 14 Sharing

Where is my client? 15 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 Sonia Parras Konrad- ASISTA Habeas

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Rights of non-citizens detained by DHS Power. Point 17 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

Cont. 19 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

Cont. 21 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

Sample Cheat Sheet: Sentences Power. Point 22 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

What You Can Do Power. Point 23 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

Sonia Parras Konrad- ASISTA SECTION II A CROSSROAD IMMIGRATION AND FAMILY LAW 24

INTERSECTIONS 25 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

ADOPTION CASES 27 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

ADOPTION CASES 28 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

SIJS-REQUIREMENTS INA Sec. 101 (a)(27)(J) 30 1. 2. 3. 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 Sonia returned to. ASISTA his/her home Parras Konrad-

What you can do 31 4. 5. 6. 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

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

Dissolution of Marriage 34 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

Top Strategy in Family Court 35 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

Is Your Client a Victim of Domestic Abuse? 36 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

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

Self-petition U visa 38 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

U Visa Crimes Power. Point 39 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

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

41 SPOUSAL SUPPORT Sonia Parras Konrad- ASISTA

I-864 Affidavit of Support 42 Required under INA § 213 A 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

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

Preventive measures 44 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

Cont. 45 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

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

Know your facts 47 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

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

Remember 49 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