Who Qualifies for Relief Under Federal Immigration Law? Deena N. Sharuk, Esq.

Is Your Client Undocumented or Out of Status? Were they inspected by an immigration officer upon entry to the United States? If No – Undocumented If caught at the border without documents and released from detention – Undocumented and likely in proceedings If Yes – Did they have a visa? Is the Visa/Entry still valid? No. They’re out of Status

Relevant Questions to Ask How did you arrive to the U.S.? (With a visa, without papers, with a border crossing card, by land, etc.) How many times did you enter the U.S. (and what were the circumstances surrounding each entry)? When was each entry? Does anyone in your family have a Green Card or Citizenship? Have you ever applied for an immigration benefit or has anyone ever applied for you? (If so – When?) Have you ever had any trouble with the police here or in your home country? Have you ever been in immigration court here in the U.S.?

Immigration Benefits for which your client may qualify in the immediate

Asylum A person in the United States who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion Can be done Affirmatively or Defensively Needs to be filed within one year of entry barring exceptional circumstances

Withholding of Removal / Convention Against Torture (CAT) Withholding: A person in the United States who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because there is a clear probability that you will be persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion CAT: You have to show that it is more likely than not that you would be tortured if removed to the country from where you are claiming protection. The persecution has to be torture - any intentional unlawful infliction of severe -- physical or mental -- suffering or pain, with consent of a public official, for purposes such as punishment, obtaining a confession, intimidation, or discrimination

Family Based Petitions And Waivers Dependent on Entry/Entries Dependent on Family Members Waivers

Special Immigrant Juvenile Status (SIJS) Under 21 years old Cannot be Married Family Court Must declare You dependent of the court to legally place you with a state/private agency, or individual Not in your best interests to return to your home country AND You cannot be reunited with a parent because of abuse, abandonment, neglect, or similar reason under state law

Other Humanitarian Options U-Visa T-Visa Violence Against women Act (VAWA) TPS DACA

Immigration Benefits for which your client may qualify if they are in removal

Cancellation of Removal Non LPR Physically present in the US for a continuous period of not less than 10 years Good moral character Not convicted of particular crimes Establishes removal would result in exceptional and extremely unusual hardship to alien’s spouse, parent, or child, who is a citizen of the US or an LPR. LPR Lawfully admitted for permanent residence for not less than 5 years Resided in the US continuously for 7 years Not convicted of an Aggravated Felony

Challenging Constitutional/Regulatory Violations by ICE Motions to Suppress Evidence Motions to Terminate Removal Proceedings

Voluntary Departure

Where can you refer someone who you identify as being eligible for relief?

An Immigration Attorney…

Organizations that Serve Immigrants in Virginia