Immigration for the Non-Immigration Lawyer: What You Need to Know and How You Can Get Involved in Pro Bono

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Immigration for the Non-Immigration Lawyer What
You Need to Know and How You Can Get Involved in
Pro Bono

• Chicago Bar Association
• Pro Bono Week
• October 2006

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National Immigrant Justice Center (NIJC)

• A program of Heartland Alliance for Human Needs
  and Human Rights
• NIJC Provides legal assistance in immigration
  matters to low-income immigrants, including
  asylees, refugees, victims of family violence,
  unaccompanied minors and detained immigrants

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NIJCs Pro Bono Program

• The National Immigrant Justice Center (NIJC), a
  program of Heartland Alliance for Human Needs
  Human Rights, is a non-profit, immigrant legal
  aid organization.
• NIJC provides direct service to and advocacy on
  behalf of the most impoverished and needy
  immigrants, refugees, and asylum seekers.

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NIJCs Pro Bono Program

• What we do
• Case screening, assessment and acceptance
• Placement with pro bono attorneys
• Case management
• Attorney support and technical assistance

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Government Agencies

• Department of Justice
• Executive Office for Immigration Review
• Board of Immigration Appeals
• Department of Homeland Security
• US Citizenship Immigration Services
• Immigration and Customs Enforcement
• Detention and Removal
• Office of Chief Counsel (Trial Attorneys)

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Immigration Status

• US Citizen (most protected)
• Lawful Permanent Residents (green card holders)
• Immigrants (family based, employment based,
  asylees, refugees, etc.)
• Non-Immigrants (tourists, students, etc.)
• Undocumented immigrants

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How do people permanently immigrate to the U.S.?

• Family Sponsored Immigrants
• Protection Based Immigrants
• Employment Sponsored Immigrants
• Refugees and Asylees

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Refugees and Asylees

• Refugees and asylees are persons who obtained
  protection from persecution in their home
  countries
• INA 208, 209 8 CFR 208, 209
• Refugees and Asylees are eligible to apply for
  LPR status after one year of obtaining their
  asylee/refugee status

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Family Sponsored Immigrants

• Priority System of Immigrating INA 204
• 2 Steps
• Family Petition
• Permanent Residency Process (Adjustment of
  Status) INA 245 208

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Protection Based Petitions

• Violence Against Women Act (VAWA)
• T visas, for Victims of Human Trafficking
• U visas, for Victims of Certain Crimes
• Special Immigrant Juvenile Status (SIJ) for
  certain children who are victims of abuse,
  neglect or abandonment

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Grounds of Inadmissibility INA 212

• Health-related grounds
• Criminal and related grounds
• Security and related grounds
• Public charge
• Illegal entrants and immigration violators
  (misrepresentation or fraud to obtain immigration
  benefit)
• False claim to U.S. citizenship
• Aliens previously removed
• Aliens unlawfully present
• There are waivers available for some grounds

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Citizenship

• Acquired citizenship
• Children born abroad to a USC parent
• Derived citizenship
• Children who are LPRs and have USC parents
• Naturalization
• After becoming an LPR persons can apply for
  naturalization after either 5 or 3 years
  depending on how they obtained their LPR status

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DO NOT BE A VICTIM OF IMMIGRATION FRAUD
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Who can Answer Your Immigration Questions?

• Private Attorneys call the American Immigration
  Lawyers Association at 1-800-954-0254 for a
  referral
• Attorneys or Accredited Representatives at Board
  of Immigration Appeals Recognized Non-Profit
  Organizations a list of these organizations can
  be found at www.usdoj.gov/eoir/statspub/raroster.
  htm

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How Can I Prevent Notary Fraud?

• Only go to an attorney or accredited
  representative if you have immigration questions
• Lawyers must have a license to practice law ask
  to see their law license
• Accredited representatives have to be accredited
  and work for an agency recognized by the Board of
  Immigration Appeals ask to see their
  accreditation documents
• Never sign an application with false information
• Never sign a blank form
• Ask for copies of everything you sign
• Get a second opinion before filing any
  immigration application, especially if the advice
  sounds too good to be true

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If You are a Victim Report It!

• Attorney General of Illinois
• www.IllinoisAttorneyGeneral.gov
• 1-800-386-5438
• City of Chicago Dept. of Consumer Services
• www.cityofchicago.org
• 311

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National Immigrant Justice Center

• NIJC
• 208 S. LaSalle St., Suite 1818
• Chicago, IL 60604
• [phone]
• www.immigrantjustice.org
• Mony Ruiz-Velasco, Director of Legal Services
• [phone]
• mruizvelasco_at_heartlandalliance.org
• Jeff Mok, Pro Bono Coordinator
• [phone]
• jmok_at_heartlandalliance.org