Legal strategies for undocumented immigrants and immigrant victims of domestic violence

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A quick look at our agenda today

What We’ll Be Talking About

Tingen & WilliamsSome background info on our law

practice and what we do

Understanding ImmigrantsBefore you can help the immigrant community its good to know where these people come from and why they are here

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Special Immigrant JuvenilesThis is an option available to minor

children who have been abandoned by one or more parent

AsylumWhile many immigrants are fleeing harm, asylum is complicated and not a good solution for every case.

VAWA & U VisasOptions are available for victims of

domestic violence in the United States

Tracking AnkletsEverything you’ve wanted to know about tracking anklets on immigrants

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Let’s get started!

And that’s about it!

TPS for Central America?Some recent headlines about this

possibility

Questions & ClosingHow to get ahold of an immigration expert if you need to know more or if you need help with a specific case

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A Modern Law Firm that Makes a Difference

Tingen & WilliamsTingen & Williams, PLLC was launched in 2012. It expanded in 2014, 2015, and now again in 2016 to include 4 lawyers and multiple office staff.

We regularly participate in local pro bono projects, and we provide a wealth of information on our website.

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All attorneys are fluent in Spanish

Tingen & Williams Attorneys

JACOB TINGEN, ESQ.Managing Partner

Ben Williams, Esq.Immigration Law

Trent Powell, Esq.Estate Planning

Jonathan Jordan, Esq.Family Law & Criminal Defense

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About the Knowledge Base• More than 250+ articles and growing

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Learn more about immigration law and other topics at our website

Legal Knowledge Base

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They love Tingen & Williams

What Our Clients Are Saying

They did good work for me…They solved my immigration problems and I am grateful that I

can live in the U.S. ”“

Zein LemusImmigration Client

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They love Tingen & Williams

What Our Clients Are Saying

Do you know how hard it is to find a lawyer that you can trust? I’m always telling people about

Tingen & Williams. Jacob…is excellent. ”“

Sonia HernandezImmigration Client

Understanding ImmigrantsWhy are so many immigrants crossing the border now?

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The Move NorthWhat is happening in Central America?

Honduras, El Salvador, & GuatemalaMost of the immigrants approaching our souther border now are coming from an area known as the “Northern Triangle,” which includes Honduras, El Salvador, and Guatemala.

The geography alone makes it difficult to avoid drug trafficking, and the gangs (organized crime) required to run drugs up to the U.S. The drug trafficking and accompanying violence has fueled m a s s i m m i g r a t i o n a n d h u m a n trafficking.

GangsThe problem of gangs is ironically

something that was exported from

the U.S.

Mass ImmigrationBetter to die on the way to the

U.S. with hope than in home

country with no hope.

Solutions?Convince everyone in the U.S. to

stop abusing drugs? Help Central

American governments police?

DeportationsOur deportation & enforcement

priorities saturate Central America

with criminals and fuel immigration

Immigration Options for MinorsAnd other recent border crossers

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What it is and how to take advantage of it

Special Immigrant Juvenile Status (SIJS)SIJS is available to minor children who cannot be reunified with “one or both” parents as a result of abandonment, abuse, neglect, or a similar reason under state law.

Single-parent SIJS is widely accepted. Many children who are currently eligible for programs like DACA may also be eligible for SIJS.

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The SIJS Processhow to get a green card for an eligible minor child

Family Court SIJS Petition Immigration Court

Green CardApplication

Interview Get GreenCard

Step 01

Need custody order finding

that it is “not in the best

interest of the child” to return

to home country due to

abandonment, abuse, neglect,

or a similar reason.Step 02

Minor child makes a self-

petition for Special Immigrant

Juvenile Status. USCIS

reviews custody determination

and factual findings.

Step 03

Immigration court

administratively closes

proceedings.

Step 04

Minor child completes green

card application, undergoes

background check and

physical examination.

Step 05

USCIS will interview children

over 14. Interviews are

frequently waived, low

pressure.

Step 06

Green card should come in the

mail shortly after interview.

Process is currently taking

about 6 to 9 months.

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Family Courts and SIJS

SIJS QuirksNot all family law judges are familiar with SIJS, and interpretation varies, especially with regards to the “one or both parents” language in the immigration statute.

Criminal Histories and Inadmissibility

Juvenile criminal histories should not impact SIJS determinations much due to BIA precedent stating that juvenile convictions are not criminal convictions under the INA (See Matter of Devison, 22 I&N Dec. 1362 (BIA 2000)); however, differences in interpretation of state law and the application of the INA can cause delays in the process and do have the potential to make a minor child ineligible.

Some grounds of inadmissibility don’t affect SIJS determinations, others require a waiver, and still others may make a juvenile ineligible entirely.

Appeals should be vigorously pursued.

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When is a child eligible for asylum?

Asylum for Minor ChildrenAsylum determinations can only be made on a case-by-case basis. Potential asylum cases should be referred to an experienced immigration attorney.

Asylum applicants must prove they have been persecuted due to their membership in a particular social group, and that their home country’s government is either behind the persecution or is unwilling or unable to stop the persecution.

Isn’t there a one year filing requirement?

Yes, but it won’t typically apply to Unaccompanied Minors (UACs). If a parent accompanied the minor, these cases should urgently be referred to competent counsel.

What’s a particular social group?

This is the million dollar question. The BIA attempts to clarify this question every few years, but merely provides more caselaw to argue either side from. Most asylum cases will hang on this determination.

Victims of Domestic ViolenceU Visas and VAWA Petitions

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Aren’t U Visas just for domestic violence?

U Visas: Domestic Violence & Other CrimesNope. There’s a list of qualifying crimes. DV is on it, and other crimes that can be argued to fit within the list may also qualify.

Does an applicant have to suffer?

Yes, it is actually a requirement of the visa. This is why some crimes, generally nonviolent ones, don’t qualify. Weak U Visa cases can be made strong through mental health evaluations.Helping Local Law Enforcement is Key

U Visas hang on two factors. Suffering physical or emotional harm as a a result of being a victim of a crime, and providing assistance to local law enforcement.

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U Visa Processhow to get a U Visa for victim of a crime

Supplement BRequest

Evidence ofSuffering

PersonalNarrative

WaiverRequirement

ProcessingTimes

Green Cardin 3 Years

Step 01

Form I-918, Supplement B is

the law enforcement

certification demonstrating that

the victim assisted local

authorities in prosecuting the

crimeStep 02

Applicants have to prove

suffering. In the case of

physical suffering, medical

records are typically sufficient.

Pictures, mental health

evaluations also help.Step 03

Applicants have to relive and

write down the experience to

include in their application. A

couple of legal requirements

must be met in the narrative.

Step 04

Many things can be waived

when applying for a U Visa.

Other grounds of

inadmissibility may not be

waived. Form I-192 carries a

fee of $585.Step 05

U Visas are taking about 18

months for approval.

U Visa applicants can include

derivative family members in

applications.Step 06

After 3 years in the U.S. in

continuous presence, a U Visa

holder can apply for residency.

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Who can apply?

VAWA Self-petitionsSpouses of U.S. citizens and stepchildren of U.S. citizens who have been subjected to abuse can self-petition

Extreme Hardship Requirement

A self-petitioning immigrant must prove extreme hardship to themselves or to a child in the event they are deported.

This is easy in some cases—e.g., a U.S. citizen child in the relationship—but more difficult in others.

Can I apply if I am divorced already?

Yes, but you need to apply within 2 years and the reason for the divorce must be related to the abuse suffered.

Tracking AnkletsAnd what to do about them

Temporary Protected StatusWhat is it and why should it be granted?

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Questions? Get in Touch!Jacob Tingen, Esq.

Tingen & Williams, PLLC 1900 Byrd Avenue, Suite 101E Richmond, VA 23230 P: (804) 477-1720 F: (804) 299-4113 E: jacob@tingenwilliams.com W: https://tingenwilliams.com

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