MINORS IN REMOVALModerator: Rosanne Milano

Panelists:

Laurie Carafone, KIND (Kids in Need of Defense) Nancy Kelly, GBLS (Greater Boston Legal Services, Inc.)Patrick Taurel, AIC (American Immigration Council)

SPECIAL IMMIGRANT JUVENILE STATUS

(SIJS)

Unaccompanied Alien Child (UAC)

Definition of UAC at entry NO immigration status Under 18 No parent/guardian

Office of Refugee Resettlement (ORR) Release to sponsor or foster care

3

SIJS: Eligibility Criteria

1. Unmarried & under 21 *In MA, generally need predicate

order before18*2. Dependent on state court3. Cannot reunify

(abuse, abandonment, neglect, other “similar basis”)

4. Best Interest

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SIJS Phase I: Special Findings OrderGuardianship/Custody/

Other Petition+

Motion for Special Findings

_____________________________

= Predicate order signed by judge

SIJS Phase 2: File I-360 with USCIS

Role of USCIS Jurisdiction / Lockbox Deference to state court Interview

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SIJS Phase 3: Adjustment of Status (I-485)

Where do I file?File I-485 with court

OR

Motion to terminate and file with USCIS

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Deferred Action for Childhood Arrivals (DACA)

What is DACA?

June 15, 2012 Announcement: DHS to grant deferred action for young people who were brought to the U.S. as children and meet specific eligibility criteria.

What is deferred action?

What isn’t deferred action?

Eligibility Requirements1. Under 31 on 06/15/12;2. Came before turning 16;3. Continuous residence requirement; 4. Physical presence requirement;5. EWI or lawful status expired requirement;6. Education or military service requirement; and7. Public safety/national security bars.

ALSO – client must be at least 15 years old to request DACA from USCIS, unless you are in removal proceedings, have a final order, or a voluntary departure order

Forms Fees

I-821D, Consideration of Deferred Action for Childhood Arrivals

I-765, Application for Employment Authorization

I-765WS, Worksheet

Filing for DACA

Total fee of $465. $380 fee plus $85 fee for biometric services.

No fee waivers are available, but there is a limited fee exemption process

What to Know About Renewal (as of 01/30/14)

1. 120 days 2. No supporting evidence necessary for

most renewal requestors 3. Filing fee remains $4654. Renewal will be on I-821D. May use ELIS.

Next Steps for DACA Grantees – Travel, cont.

Q. Can DACA requestors travel? A. No.Advance Parole

May apply for AP only after receiving DACA 6 Things to be mindful of in DACA context

I-512L Not Multiple Entry Unless Specifically RequestedUSCIS will grant AP for no longer than necessary to accomplish purpose of tripCIRFalse claims and other 212 groundsPrior removal orders Potential adjustability

My Client is in Proceedings or has a Prior Order

Detained – cannot apply for DACA with USCIS. Must seek release.Not Detained – apply for DACA with USCIS. Seek OCC’s position on joint motion to terminate or admin close.Reopening If lower level officials behaving badly, go up the chain of command.

MINORS AND ASYLUM

Asylum EligibilityMust be a refugee INA §101(a)(42)

Refugee if:Past Persecution

OrWell-founded Fear of Future Persecution

On Account of:

RaceReligionNationalityPolitical OpinionMembership in a Particular Social Group

Past PersecutionPresumption of Well-Founded FearRebut if:

1. Fundamental Change in CircumstancesOr

2. a. Reasonably Relocate within Home Countryb. Reasonable to Expect Him/Her to do so

Overcome Rebuttal if:

1. Would Suffer Other Serious Harm2. Severity of Past Persecution

Types of Cases:

Political Opinion/ Imputed or ActualGang RelatedSexual OrientationDomestic ViolenceCultural Practices (FGM, Forced Marriage)Street ChildTrafficking

Children and Asylum

Procedure:Children’s Docket

USCIS Jurisdiction in First Instance for UACs

One Year Filing Deadline

Child Sensitive Procedures

Issues:Child Sensitive Interviewing

Articulating and Documenting the Claim

Level and Form of Persecution

Harm to Family Members

Persecution because of Family Membership

Country-Wide Persecution

HYPOTHETICALS

QUESTIONS