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II. Immigration

IMMIGRATION RELIEF FOR CHILD TRAFFICKING SURVIVORS

  1. CLINIC and LAFLA Trafficking Legal Guide – Comprehensive guide for advocates providing services to victims of human trafficking.
  2. Legal Aid Foundation of Los Angeles Guide to Human Trafficking – Comprehensive resource guide on U.S. Laws pertaining to human trafficking.

CONTINUED PRESENCE

  1. Instructions For Applying For Continued Presence

Necessary Forms

  1. Continued Presence LEA Certification
  2. Request For Continued Presence
  3. Continued Presence I-765
  4. Continued Presence I-102

T-VISA

  1. Final Regulations for Classification for Victims of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status, Federal Register, 1/31/02: T-Visa Regulations 8 CFR 214
  2. Outline For T-Visa Interview – Client Declaration
  3. T-Visa Checklist

For additional information and guidance on T-Visas please visit ASISTA’s Website at: http://www.asistaonline.org/vawa.asp

U-VISA

  1. U-Visa Regulations
  2. Public Counsel U-Visa Interview Guide
  3. Public Counsel U-visa Good Moral Character Worksheet for Waiver
  4. U-Visa Question and Answer Session – U-Visa Question and Answer session, from November 2007 Q&A sessions with USCIS, ICE and CBP at the National Network to End Violence Against Immigrant Women conference in Lexington, Kentucky.
  5. How to Obtain U-Interim Relief: A Brief Manual for Advocates Assisting Immigrant Victims of Crime – NOTE: Although much of the information in this guide is still relevant, since the regulations have been released this guide should be followed with caution as U-Visa applicants no longer have to apply for Interim Relief
  6. October 8, 2003 USCIS Memo re: Centralization of Interim Relief for U Non-Immigrant Applicants – Memorandum with new guidance on U-Visa Interim relief.
  7. “How to Live and Work in the United States if You Are a Crime Victim” Flyer – U Visa flyer provides a quick outline of the requirements necessary to qualify for U Visa Interim Relief.
  8. US Immigration FAQ’s Immigrants Who are Victims of Serious CrimesThis page offers a definition of the U-Visa, a brief history behind it and what makes one eligible for a U-Visa.

For additional information and guidance on U-Visas, please visit ASISTA’s Website at: http://www.asistaonline.org/u.visa.asp

SIJS

  1. Manual on Special Immigrant Juvenile Status for Children Under Juvenile Court Jurisdiction – Comprehensive guide on Special Immigrant Juvenile Status by the Immigrant Legal Resource Center
  2. Special Immigrant Juvenile Status in Florida – A Guide for Judges, Lawyers, and Child Advocates – Guide intended to provide an overview of the process of applying for Special Immigrant Juvenile Status in Florida and to help point out potential difficulties in the process. These materials are meant to assist judges, attorneys, social workers, accredited representatives and advocates in assisting those children potentially qualified for Special Immigrant Juvenile Status. Although the manual provides an overview of federal and state law with regard to SIJ Status, it is geared to assisting lawyers, social workers and judges operating in Florida.
  3. Center for Human Rights and Constitutional Law: Unaccompanied Minors Project SIJS Page – Information on Special Immigration Juvenile Status (SIJS) and links to forms
  4. Sample Order of the Juvenile Court
  5. USCIS Memo Re: Field Guidance on SIJS – Memorandum is to provide policy and procedural clarification on the adjudication of Special Immigrant Juvenile (SIJ) petitions. This guidance memorandum, the third since the 1997 statutory amendment, consolidates and supersedes all previous guidance issued by the Immigration and Naturalization Service.
  6. National Immigration Justice Center – SJIS training manual for attorneys that outlines much of the procedure involving children under federal custody seeking special status.

VAWA

  1. Violence Against Women Act (VAWA) Manual: Immigration Relief for Abused Immigrants – Comprehensive guide for advocates working with immigrant survivors of domestic violence. Consisting of 15 chapters, this manual includes in-depth information on the VAWA self-petitioning requirements and process, adjustment of status, inadmissibility and waivers, consular processing, conditional permanent residency, VAWA cancellation of removal, special immigrant juvenile status, the new U and T visas, gender-related asylum, and public benefits. Also featured are practical tips for working with immigrant survivors of domestic violence, assembling and documenting a strong VAWA self-petition, fee waiver requests, declarations and more.
  2. Document Gathering for Self-Petitioning under the Violence Against Women Act: A Step-by-Step Guide – Manual designed to give overview of document gathering requirements under the 1994 Violence Against Women Act (VAWA) and its recent revisions and updates. The manual is not a comprehensive explanation of the law or its requirements, but instead a user-friendly guide to gathering the necessary documents for a VAWA self-petition.
  3. Memo re: VAWA 2005 Immigration Provisions: Analysis of VAWA 2005 immigration provisions by Legal Momentum
  4. ImmSpec.com Forms Preparation Service: Extensive information on how to acquire a green card for a spouse/parent and their children under the Violence Against Women Act.
  5. WomensLaw.Org: VAWA Laws and Procedures – Site provides information on how to gain permanent residency under VAWA as well as information regarding certain special cases such as being divorced, widowed, or remarried.

For additional information and guidance on VAWA Relief please visit ASISTA’s site at: http://www.asistaonline.org/vawa.asp

ASYLUM – CHILD-SPECIFIC

  1. INS Guidelines for Children’s Asylum Claims – Memorandum is written to provide the Asylum Officer Corps (AOC) with background and guidance on adjudicating children’s asylum claims. This guidance applies primarily to, children under the age of 18 who apply for asylum independently rather than as a derivative applicant by submitting a Form I-589 asylum application in their own name. Many of these issues will also be relevant to overseas Immigration Officers in processing the refugee applications of children.
  2. US Department of Justice Executive Office for Immigration Review: May, 2007 Operating Policies and Procedures Memorandum: Guidelines for Immigration Court Cases Involving Unaccompanied Alien Children – Provides guidance and suggestions for adjudicating cases where the respondent
    is an unaccompanied alien child. The suggestions focus primarily on assisting the judge in ensuring that the respondent understands the nature of the proceedings, effectively presents
    evidence about the case, and has appropriate assistance.
  3. Bhabha, J., Schmidt, S. (2006). Seeking Asylum Alone. United States. Unaccompanied and Separated Children and Refugee Protection in the U.S. – A comprehensive report detailing the issues facing unaccompanied children seeking asylum in the U.S. and available legal remedies.
  4. AsylumSupport.info – Site offering information and links to worldwide organizations regarding human trafficking and asylum issues.
  5. Protecting Unaccompanied Immigrant and Refugee Children in the United States – A 2005 article from the American Bar Association’s Human Rights magazine by Christopher Nugent on legal issues for detained children facing removal proceedings.
  6. Asylee Eligibility for Resettlement Assistance: A Short Guide – Guide that describes what an “asylee” is and the types of benefits and services asylees are eligible for.
  7. Florida State University Center for the Advancement of Human Rights – Site has a brief overview of child trafficking as well as the claims by which children can claim asylum in the United States as well as the limitations of the current laws and regulations regarding asylum.
  8. America Immigration Law Center – Answers to some frequently asked questions regarding asylum
  9. Brief Asylum Overview for Children – Manual used to help children understand the process they are going through.
  10. Provides legal tools for asylum seekers based on country as well as case support.

For additional informtion and guidance on seeking asylum please visit the site for the Center for Gender and Refugee Studies (CGRS) at the University of California Hastings Law School at http://cgrs.uchastings.edu//

About CGRS: CGRS’s core mission is to protect the basic human rights of refugee women and girls by advancing gender-sensitive asylum laws, helping advocates successfully represent women in need of protection, and preventing these refugees from being forcibly returned to the countries from which they have fled.

NATURALIZATION

  1. “Citizenship for Children” – Conference Call Training for Refugee Service Providers – Powerpoint presentation that briefly covers the legal landscape of citizenship for children.
  2. USCIS Fact sheet on the Child Citizenship Act of 2000 – Information about the Child Citizenship Act of 2000. Provides answers to key questions about the Act.
  3. Child Citizenship Act (CCA) liberalizes in several ways the requirements that must be met for children born abroad to acquire United States citizenship – 2000 National Immigration Law Center news brief describing the Child Citizenship Act and how it expands the ways in which the requirements for derivation naturalization can be met.
  4. Citizenship for Children: Acquisition, Derivation and Section 322 Citizenship (login required):
    http://www.immigrationadvocates.org/link.cfm?10265
  5. Determining Whether Child Acquired Citizenship (login required):
    http://www.immigrationadvocates.org/link.cfm?10266
  6. Citizenship for Children: Derivation (login required):
    http://www.immigrationadvocates.org/link.cfm?10268
  7. Webinar – Citizenship for children, produced by Catholic Legal Immigration Network (login required):
    http://www.immigrationadvocates.org/link.cfm?10269
  8. Form N-600, Application for Certificate of Citizenship
  9. Strategies for Naturalizing the Most Vulnerable Applicants: A Guide to Helping Refugees and Immigrants Who Are Elderly, Low-Income, Low Literate, and Limited English Proficient – Extensive guide that describes tips and strategies for guiding these populations through the citizenship process.
  10. Managing an Immigration Program: Steps for Creating and Increasing Legal Capacity – Management manual that describes best practices used by many of the country’s most experienced non-profit immigration programs and managers.
  11. Acquisition of Citizenship if Born Out of Wedlock (login required):
    http://www.immigrationadvocates.org/link.cfm?10267

Cases

  1. Poole v. Mukasey, opinion by the U.S. Court of Appeals for the Second Circuit granting a derivative citizenship case (login required):
    http://www.immigrationadvocates.org/link.cfm?10270
  2. Matter of Baires-Lairos, a BIA decision addressing acquisition of citizenship (login required):
    http://www.immigrationadvocates.org/link.cfm?10271

OTHER IMMIGRATION RESOURCES – CHILD-SPECIFIC

  1. Immigration Options for Undocumented Children – A collection of fact sheets on: Special Immigrant Juvenile Status (SIJS), Violence Against Women Act (VAWA), Family Visas, U Visas, U.S., Citizenship, Asylum, Temporary Protected Status
  2. Living in the United States: A Guide for Immigrant Youth – Guide that helps identify immigration status, rights and benefits for immigrant youth.
  3. “How to Fight for the Custody of Your Child While You are Incarcerated and How to Fight Against Deportation While You Are Incarcerated and After You Are Released” – Manual containing self-help materials for incarcerated immigrants in Southern California with specific information for women serving time at the California Institution for Women.

OTHER IMMIGRATION RESOURCES – GENERAL RESOURCES

Know Your Rights – Homeland Security handbook that outlines the rights of a person detained.

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