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

Chicago Bar AssociationPro 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

Refugees and asylees are persons who obtained protection from persecution in their home countriesINA § § 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 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

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

www.IllinoisAttorneyGeneral.gov 1-800-386-5438

City of Chicago Dept. of Consumer Services www.cityofchicago.org 311

National Immigrant Justice Center NIJC208 S. LaSalle St., Suite 1818Chicago, IL 60604(312) 660-1370www.immigrantjustice.org Mony Ruiz-Velasco, Director of Legal

Services (312) 660-1306 mruizvelasco@heartlandalliance.org

Jeff Mok, Pro Bono Coordinator (312) 660-1307 jmok@heartlandalliance.org