Presentation on theme: "Screening Cases and Identifying Forms of Relief Power Point Presentation created by Christina Wilkes, Children’s Project Director at Ayuda, Inc. PowerPoint."— Presentation transcript:
Screening Cases and Identifying Forms of Relief Power Point Presentation created by Christina Wilkes, Children’s Project Director at Ayuda, Inc. PowerPoint Modified with Permission. Eric B. Sigmon, National Center for Refugee and Immigrant Children
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 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 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 Consider: 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: –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