Transcript Screening Cases and Identifying Forms of Immigration Relief

Screening Cases and Identifying
Forms of Relief
Eric B. Sigmon, National Center for Refugee
and
Immigrant Children
Power Point Presentation created by Christina Wilkes, Children’s Project Director at Ayuda, Inc.
PowerPoint Modified with Permission.
Know Your Client
• Research the child’s country of origin
• Keep in mind the child’s age, gender, level
of education and perception of what is
going on
• Also, take into account what the legal status
of the family members with whom the child
lives
Review Child’s File
• Review referral information
• Child information after release
• Review NTA (charging document) & other
legal documents
• Listen to Court recording and review Court
file
• Obtain copy of ORR file and FOIA request
Initial Meeting
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Location of Meeting
Create a comfortable environment
Dress casually
Use of Interpreter
Explain who you are, who you work for, and
what your role is in the process.
• Retainer Letter
Child Client
• Child = Client
– After initial meeting with
child and sponsor, meet
with child alone.
– Child makes the decisions.
– Explain process
thoroughly, in a way a
child can understand.
– Be honest with child about
risks and prospects.
– Respond promptly to
phone calls and requests
for information from
child.
• Confidentiality
– Explain who you are, who
you work for, and what
your role is in the process.
– Do not promise anything
that you can’t deliver.
– Explain your obligation to
confidentiality.
– Explain why you are
taking notes and what you
will do with the notes.
Appointments with Children
• Be flexible with appointment times.
• Plan for multiple shorter appointments,
rather than a handful of long ones.
• Allow for “getting to know you” time and
chit-chat time.
• Allot time for bathroom breaks, snacks, etc.
Interviewing a Child
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Limit the attorney to child ratio.
Sit next to, not across from the child.
Ask open-ended, not leading questions.
Let the child tell his/her story. Don’t interrupt,
don’t finish his/her sentences, etc.
• Tolerate pauses, even if they are long.
• Be an active listener.
• Ask the same questions in different ways.
SCREENING CASES FOR
IMMIGRATION RELIEF
Screening Cases
Consider:
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What happened in the child’s country of origin
What was the child’s relationship like with his/her parents
Does the child fear returning home?
Manner of entry into US
What has happened since arrival in the US
Previously filed immigration petition(s)
Previous immigration removal case(s)
Arrests, delinquency adjudications, criminal convictions
Marital Status
Age
Asylum
• If the child expresses a fear of return, you
should asylum as a possible legal option.
• Get the child’s full story
• Child may not have full information to
understand conflict in home country.
– Family members, experts, background research
• Note difference between why a child left
home country vs. why a child came to U.S.
SIJS Overview
• Combination of federal immigration law
and state family/juvenile state law
• Children who have been abused, abandoned
or neglected by parent or legal guardian in
their home country or in the U.S.
• U.S. state law standard of abuse, neglect or
abandonment (changes by state)
T & U Visa
• Trafficking (T) Visa Eligibility:
– Victim of a “severe form” of trafficking in persons
– Complies with reasonable requests for assistance in the
investigation or prosecution trafficking OR is under 18 years old
and files T visa before then
• U Visa Eligibility:
– Victims of certain crimes
– Who have suffered substantial physical or mental abuse because of
being a victim
– Who are helpful or are likely to be helpful in the investigation or
prosecution of the enumerated crime or similar activity
TPS Eligibility
• Temporary Protective Status
• Child can prove he/she is a
national of a current TPS
country:
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Burundi
El Salvador
Honduras
Liberia
Nicaragua
Somalia
Sudan
• Parents with TPS
• Administrative Closure
• Late TPS filing
US Citizenship
• Derived or Acquired Citizenship
• Confirm child’s family
– Parents with Lawful Permanent Status (green card) or US
citizenship
– Grandparents with U.S. Citizenship