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

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

NIJC ’ s 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.

NIJC ’ s Pro Bono Program What we do: Case screening, assessment and acceptance Placement with pro bono attorneys Case management Attorney support and technical assistance

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)

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

How do people permanently immigrate to the U.S.? Family Sponsored Immigrants Protection Based Immigrants Employment Sponsored Immigrants 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

Family Sponsored Immigrants Priority System of Immigrating INA §204 2 Steps  Family Petition  Permanent Residency Process (Adjustment of Status) INA § §245; 208

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

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

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

DO NOT BE A VICTIM OF IMMIGRATION FRAUD

Who can Answer Your Immigration Questions? Private Attorneys –call the American Immigration Lawyers Association at 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

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

If You are a Victim … Report It! Attorney General of Illinois    City of Chicago Dept. of Consumer Services   311

National Immigrant Justice Center NIJC 208 S. LaSalle St., Suite 1818 Chicago, IL (312) Mony Ruiz-Velasco, Director of Legal Services  (312)  Jeff Mok, Pro Bono Coordinator  (312) 