National Legal Center for Immigrants

Administrative relief is coming and, whatever shape it takes, we can be certain that consular identification cards will be important in the implementation of immigration action.  Starting November 1, Mexican Consulates in the United States began issuing new, enhanced consular IDs to ensure the continued security of these vital documents.  Visual and safety features have changed, and maintaining awareness of format changes to the consular ID cards is essential.

Representing Unaccompanied Children: What to Do and How to Do It

As the news of the large numbers of unaccompanied children apprehended along the border began to break, CLINIC went into high gear to figure out how we could support our affiliates and other service providers inundated with requests for assistance from this vulnerable population.  Training is one of the things CLINIC does best so we started to think about what type of training would be most useful.  My colleague Debbie Smith and I took the lead on developing the curriculum, materials and webinars for a course.  With assistance from other CLINIC staff,  we put together a four-week course co

The Board of Immigration Appeals (BIA) recently issued a landmark decision that impacts domestic violence victims who are seeking asylum in the United States.  Asylum applicants must show that the persecution they have or will face is on account of one of five protected grounds: race, religion, national origin, political opinion, or membership in a particular social group.  It is the last ground that has received the most interest and litigation. 

 

 

This webinar provides an overview of the DACA renewal process and highlights other updates to DACA guidance.  We share practice tips and respond to common questions about the renewal process and the new Form I-821D. 

2:00 p.m. - 3:30 p.m. Eastern Daylight Time

11:00 a.m. - 12:30 p.m. Pacific Daylight Time

By Ilissa Mira, CLINIC Training and Legal Support Attorney

By Susan Schreiber

Three recent circuit court decisions provide some good news for immigrants related to immigration consequences of criminal offenses. These decisions, summarized below, address (a) analyzing when an offense is a crime of moral turpitude; (b) LPR eligibility for an INA § 212(h) waiver; and (c) conviction finality.

GENERAL

 

1. Can DACA recipients travel abroad? 

Yes, but only if they receive permission from the government. 

By Tatyana Delgado, CLINIC Training and Legal Support Attorney

On June 15, 2012, the Secretary of the U.S. Department of Homeland Security issued a memorandum allowing individuals who entered the U.S. as children and meet certain guidelines to apply for Deferred Action for Childhood Arrivals (DACA).   U.S. Citizenship and Immigration Services (USCIS) began accepting DACA applications in August 2012 and issuing DACA approvals in September 2012.  This article provides updates on a variety of issues related to DACA eligibility and adjudications. 

In this webinar we will review how priority dates are established, how they can be lost, and under what circumstances they may be recovered.

Now that 2014 is just around the corner, it's time to find out about trainings available to you in the coming year!

New Policy on Minors and False Claims to U.S. Citizenship

By Sarah Bronstein

BIA Affirms Effect of Entry with False Claim of Citizenship

By Charles Wheeler

Recent Circuit Court Cases on Derivation and Acquisition

By Jennie Guilfoyle and Debbie Smith

Derivation of Citizenship

Derivative citizenship under former INA § 321(a) does not require LPR status prior to turning 18, as long as the individual was residing in the United States before age 18, the Second Circuit held on August 12, 2013.  Nwozuzu v. Holder (2d Cir. 2013)

2:00 p.m. - 3:30 p.m. Eastern Daylight Time
Cost: $50; $25 for CLINIC Affiliates paying annual dues

Who qualifies for a waiver of crime-based inadmissibility?

On September 26-27, 2013, CLINIC conducted a two-day training in Kansas City on provisional adjudication of unlawful presence waivers. The training included a presentation by Robert Blackwood, Assistant Section Director for Adjudications at the National Benefits Center (NBC), who gave an update on the waiver adjudication process at the NBC and answered questions from training participants. A summary of the information he provided appears below.

On September 26-27, 2013, CLINIC conducted a two-day training in Kansas City on provisional adjudication of unlawful presence waivers. The training included a presentation by Robert Blackwood, Assistant Section Director for Adjudications at the National Benefits Center (NBC), who gave an update on the waiver adjudication process at the NBC and answered questions from training participants. A summary of the information he provided appears below.

In two separate letters to Senator Harry Reid of Nevada, the Departments of State (DOS) and Homeland Security (DHS) indicated that both federal agencies are adopting a new policy regarding minors who make false claims to citizenship.

This webinar is for non-immigration lawyers, community organizers, Deferred Action for Childhood Arrivals (DACA) recipients, and others who would like to learn about how DACA recipients can travel abroad.

This webinar is for legal service providers and others helping DREAMers apply for Deferred Action for Childhood Arrivals (DACA). One year after DACA’s launch, we will review important DACA developments and explore ways we can continue to improve DACA-related services.

BIA Clarifies When Derivatives May Adjust under 245(i)

By Charles Wheeler

In a recent decision the Board of Immigration Appeals held that after-acquired derivatives are not eligible to be considered “grandfathered” for purposes of eligibility for section 245(i) adjustment of status. Matter of Estrada, 26 I&N Dec. 180 (BIA 2013).  This decision clarifies but is consistent with prior USCIS memos interpreting this provision.

Court Strikes Down Regulation Limiting K-4 Adjustment

 By Charles Wheeler

Updates on Family-Based Immigration from the VSC and NVC

By Jennie Guilfoyle

CLINIC's new book Filing Successful Provisional Waivers: A Practitioner's Guide provides a step-by-step guide to the new provisional waiver process. The book's ten chapters and numerous sample materials guide practitioners through the process of interviewing clients, establishing extreme hardship, completing the waiver form, preparing declarations, identifying and gathering supporting documents, and filing the waiver application.

E-learning Course:

Overview of Immigration Law and Skills

April 18 – May 16, 2013 

$200 per person for CLINIC affiliate agencies

   $225 per person for other nonprofit agency staff

$325 per person for private attorneys and staff

March 27, 2013
All About Voluntary Departure; What It Is, What You Get, and What You Lose When You Don't Depart 

February 27, 2013
All About Conditional Residency  

2:00 p.m. - 3:30 p.m. Eastern Daylight Time
11:00 a.m. - 12:30 p.m. Pacific Daylight Time
Cost: $50; $25 for CLINIC Affiliates paying annual dues

 April 29, 2013

When Is a Kid a Kid (under the INA)?

 
2:00 p.m. - 3:30 p.m. Eastern Daylight Time
11:00 a.m. - 12:30 p.m. Pacific Daylight Time
Cost: $50; $25 for CLINIC Affiliates paying annual dues  

Introduction to Immigration Law Practice:
A Course for New Practitioners


Presented by
Catholic Legal Immigration Network, Inc. (CLINIC)
And
Catholic Charities of Dallas, Immigration and Legal Services Program

April 23 – 24, 2013
8:45 a.m. - 5:15 p.m. – Day One
8:45 a.m. – 4:45 p.m. – Day Two

Location:
Catholic Charities of Dallas
1st Floor Conference Room
9461 LBJ Freeway (Hwy 635)
Dallas, TX 75243
(214) 634-7182 x 228

This webinar discussed the recent final regulation implementing the provisional waivers for unlawful presence.

Click here to view the PowerPoint slides.

Held on January 8, 2013.

On January 3, 2013, the USCIS finalized its regulation regarding the adjudication of waivers for those who are consular processing and would be triggering the unlawful presence ground of inadmissibility.  The rule provides a process by which the agency will adjudicate these waivers before the applicants leave for their immigrant visa interview.  The procedure would be available only to immediate relatives who are inadmissible based on unlawful presence – and no other grounds – and who can establish extreme hardship to a qualifying U.S.

On January 3, 2013, the USCIS finalized its regulation regarding the adjudication of waivers for those who are consular processing and would be triggering the unlawful presence ground of inadmissibility.  The rule provides a process by which the agency will adjudicate these waivers before the applicants leave for their immigrant visa interview.  The procedure would be available only to immediate relatives who are inadmissible based on unlawful presence – and no other grounds – and who can establish extreme hardship to a qualifying U.S. citizen spouse or parent.  To be eligible, the applicant would need to have an approved I-130 or I-360 petition and have paid the immigrant visa fee bill. 

The USCIS will begin receiving and adjudicating the provisional waivers on March 4, 2013.  No applications will be accepted before that date. Applicants will be using a new Form I-601A, which the agency will publish sometime before that date. The filing fee for the waiver application is $585.  There is no filing fee waiver available for the provisional waiver or the biometrics that are required as part of the process.

E-learning Course:
Good Moral Character in Naturalization Cases

March 18 – April 15, 2013

$200 per person for CLINIC affiliate agencies
$225 per person for other nonprofit agency staff
$325 per person for private attorneys and staff

This four-week course covers acquisition and derivation of citizenship, and the requirements for naturalization, including residence, physical presence, good moral character, civics and English language requirements and exemptions, disability waivers, oath requirements and the application process. Throughout the course, participants will review both the law and procedure for acquisition, derivation, and naturalization, including examination of primary and secondary sources and sample application forms.

Co-Sponsored by
Catholic Legal Immigration Network, Inc. (CLINIC), and
Catholic Charities Immigration Legal Services of the Archdiocese of Omaha

 March 20-22, 2013
8:30 – 5:00, March 20, 21
Optional tour of Nebraska Service Center, March 22

Location:
Hilton Garden Inn
1005 Dodge St.
Omaha, NE 68102
(402) 341-4400 

This four-week course will present information on both the theory and practice of developing and submitting successful waiver applications. Participants will learn what the legal standards of extreme hardship are, how to create a theory of the case, how to marshal the facts of the case, and what kinds of supporting documentation to submit.

E-learning Course:
Understanding and Preparing Waivers


$200 per person for CLINIC affiliate agencies

$225 per person for other nonprofit agency staff

$325 per person for private attorneys and staff

May 30 – June 27, 2013

E-learning Course:
Introduction to Family-Based Immigration

February 5 – March 19, 2013

$270 per person for CLINIC affiliate agencies

$295 per person for other nonprofit agency staff

$425 per person for private attorneys and staff

E-learning Course:
Ethical Issues in Immigration Law Practice

February 7 – February 28, 2013

$165  per person for CLINIC affiliate agencies

    $190   per person for other nonprofit agency staff

$290  per person for private attorneys and staff

E-learning Course:
Overview of Citizenship: Acquisition, Derivation and Naturalization

January 8 – February 5, 2013

$200 per person for CLINIC affiliate agencies

$225 per person for other nonprofit agency staff

$325 per person for private attorneys and staff

E-learning Course:
Immigration Legal Skills

January 10 – February 7, 2013

$200 per person for CLINIC affiliate agencies (paying annual dues)

$225 per person for other nonprofit agency staff

$325 per person for private attorneys and staff 

October 12, 2012
What Really Happened at the Border: Determining Whether Your Client was Ordered Removed

2:00 p.m. - 3:30 p.m. Eastern Daylight Time
11:00 a.m. - 12:30 p.m. Pacific Daylight Time
Cost: $50; $25 for CLINIC Affiliates paying annual dues

E-learning Course:

Understanding and Preparing Waivers

November 14 - December 19, 2012

The course webinars will take place on the five consecutive Wednesdays (except November 21) beginning on November 14, 2012.  All webinars will run from 2:00-3:30 p.m. Eastern Time. Click here for a more detailed course outline, including exact dates and times of the five webinars.

14th Annual Family Immigration Law Conference and Tour of the Consulate

Co-Sponsored by:

Catholic Legal Immigration Network, Inc. (CLINIC)
Catholic Charities of Dallas, and
Diocesan Migrant and Refugee Services

November 14-15, 2012
Optional tour of the consulate on November 16 (separate registration required)

Invites you on a

Tour of the American Consulate in Ciudad Juarez

Friday, November 16, 2012

9:00 a.m. – 2 p.m.

Cost: $40

Please note that the price includes a box lunch.

Anticipated Schedule:

E-learning Course:
U Nonimmigrant Status for Victims of Crime

November 19 – December 17, 2012

Click here for a more detailed course outline including the dates and times of the four webinars.

$200 per person for CLINIC affiliate agencies

$225 per person for other nonprofit agency staff

E-learning Course:
Introduction to Immigration Consequences of Crimes  

October 11 – November 29, 2012

$270 per person for CLINIC affiliate agencies

$295 per person for other nonprofit agency staff

$425 per person for private attorneys and staff

August 9, 2012
Terrorism-Related Inadmissibility Grounds 
 
2:00 p.m. - 3:30 p.m. Eastern Daylight Time
11:00 a.m. - 12:30 p.m. Pacific Daylight Time
Cost: $50; $25 for CLINIC affiliates paying annual dues

E-learning Course: 

Introduction to VAWA Self-Petitioning 

September 6 – October 4, 2012

$200 per person for CLINIC affiliate agencies

   $225 per person for other nonprofit agency staff

$325 per person for private attorneys and staff

July 31, 2012
Spotlight on the Petitioner

2:00 p.m. - 3:30 p.m. Eastern Daylight Time 
11:00 a.m. - 12:30 p.m. Pacific Daylight Time

June 28, 2012

Citizenship for Elders: Issues and Options in Test Preparation

12:00 p.m. - 1:30 p.m. Eastern Daylight Time 
9:00 a.m. - 10:30 p.m. Pacific Daylight Time

Cost:  Free  

Immigration Program Management Training

Sponsored by
Catholic Legal Immigration Network, Inc. (CLINIC)

Hosted by
Catholic Charities of St. Paul and Minneapolis

July 31st and August 1st,  2012
8:00 a.m. – 5:00 p.m.  Day One
8:00 a.m. – 3:30 p.m. Day Two

Children who have been the victims of abuse, abandonment or neglect are among the most vulnerable immigrants in our society.  These children may qualify for Special Immigrant Juvenile Status (SIJS), a pathway to becoming a lawful permanent resident.  The presenters discuss the eligibility requirements for SIJS as well as the procedures for applying both affirmatively and defensively in removal proceedings.  The presenters for this webinar are Sarah Bronstein and Kristina Karpinski, Training and Legal Support Attorneys with Catholic Legal Immigration Network.

June 12, 2012
How Long Is Too Long: LPRs and Abandonment of Residency
  

2:00 p.m. - 3:30 p.m. Eastern Daylight Time 
11:00 a.m. - 12:30 p.m. Pacific Daylight Time

Cost:  $50; $25 for CLINIC affiliates paying annual dues

 E-learning Course: 

Good Moral Character in Naturalization Cases

July 2 – 23, 2012

Click here for a more detailed course outline including the dates and times of the four webinars.
Before registering for this training, please make sure that you will be available for these webinars.

Introduction to Immigration Law Practice:

A Course for New Practitioners

Presented by

Catholic Legal Immigration Network, Inc. (CLINIC)

July 17 - 18, 2012
8:45 a.m. - 5:30 p.m. – Day One
8:45 a.m. – 4:45p.m. – Day Two

Location:

The USCIS has published its proposed regulation on stateside pre-adjudication of unlawful presence waivers.

 E-learning Course: 

Overview of Citizenship: Acquisition, Derivation and Naturalization

May 29- June 26, 2012

Click here for a more detailed course outline including the dates and times of the five webinars.  Before registering for this training, please make sure that you will be available for these webinars.

E-learning Course:

Immigration Legal Skills

June 4 - July 2, 2012

The course webinars will take place on the five consecutive Monday of the course, beginning June 4, 2012, and ending July 2, 2012.  All webinars run from 2:00-3:30pm Eastern Standard Time.

 Before registering for this training, please make sure that you will be available for these webinars.

E-learning Course:

Understanding and Preparing Waivers

June 6 - July 11, 2012

March 23, 2012
Keeping Up with the News: CLINIC's New Quarterly Update Webinar for our Affiliates
 
 
2:00 p.m. - 3:30 p.m. Eastern Standard Time 
11:00 a.m. - 12:30 p.m. Pacific Standard Time

Cost:  Free

E-learning at CLINIC: Find Out What It's All About

February 29, 2012

2:00 pm-2:45 pm EST

Selected Issues in Family-Based Immigration

Co-Sponsored by
Catholic Legal Immigration Network, Inc. (CLINIC)
and
Catholic Charities of Dallas, Immigration and Legal Services Program

April 3-4, 2012
8:45 a.m. - 5:15 p.m. – Day One
8:45 a.m. – 4:45 p.m. – Day Two

Location:
Catholic Charities of Dallas
1st Floor Conference Room
9461 LBJ Freeway (Hwy 635)
Dallas, TX
214-634-7182 ext. 228

March 19, 2012
When the Price is Too High: All About Fee Waivers

2:00 p.m. - 3:30 p.m. Eastern Standard Time     
11:00 a.m. - 12:30 p.m. Pacific Standard Time
Cost: $50; $25 for CLINIC affiliates paying annual dues

By Charles Wheeler

Salvadorans who have already been granted Temporary Protected Status (TPS) are eligible to live and work in the United States for an additional 18 months and continue to maintain their status.  The extension of TPS for nationals of El Salvador was effective from March 9, 2012 and will remain in effect through September 9, 2013.  Nationals of El Salvador who have been granted TPS previously must re-register during the current re-registration period, which began January 9, 2012 and will remain in effect through March 12, 2012.

Immigration Attorney
Catholic Charities – Orlando
Catholic Charities of Central Florida

Closing Date: When Filled

FT/PT FULL TIME

Minimum Salary: Commensurate with qualifications and experience

Affiliates may find the Federal Trade Commission’s (FTC) new “Who Can Help Me?” cards (wallet size that cleverly expands into a 8” by 14” paper) in English and Spanish an important resource to distribute to clients. This pocket-sized fold-out flyer teaches consumers how to spot and avoid scams that target immigrants. The resource also provides information on how to report an immigration scam.

Order this resource here.

The Board of Immigration Appeals (BIA) is seeking input from U.S.

The USCIS announced that effective January 1, 2012, the filing locations for I-130s will change from the Chicago Lockbox to one of two lockboxes, depending on where they reside in the United States.  This new change only affects stand-alone I-130s.  Those filing the I-130 together with the I-485 will continue to mail them to the Chicago Lockbox at USCIS, P.O. Box 805887, Chicago, IL 60680-4120.  Those residing abroad will continue to file them with the overseas USCIS office having jurisdiction over the area where they live or with the Chicago Lockbox at USCIS, P.O.

CLINIC welcomes two new subscribers to our network:

Church World Service/Lancaster Legal Immigration Program, located at 308 E. King Street in Lancaster, PA.  Janet Tisinger is the Program Director and a BIA partially accredited representative.   Sheila McGeehan and Beth May are partially accredited representatives, and Melissa Engle is the program’s Legal Outreach Worker (BIA partial accreditation pending).

The Neighborhood Good Samaritan Center, Inc., Charlotte, North Carolina.  Patrice K. M. Ognodo is the Executive Director.

By Allison Posner

February 13, 2012 
All About Lying: Immigration Consequences of Willful Misrepresentations

2:00 p.m. - 3:30 p.m. Eastern Standard Time     
11:00 a.m. - 12:30 p.m. Pacific Standard Time 

E-learning Course: 

Grounds of Inadmissibility 

March 14-April 25, 2012 

Click here for a more detailed course outline including the dates and times of the seven webinars.  Before registering for this training, please make sure that you will be available for these webinars.

E-learning Course: 

Introduction to Immigration Consequences of Crimes  

March 15 – April 26, 2012

Click here for a more detailed course outline including the dates and times of the seven webinars.
Before registering for this training, please make sure that you will be available for these webinars.

$270 per person for CLINIC affiliate agencies

E-learning Course: 

Introduction to Family-Based Immigration

March 13-April 24, 2012 

Click here for a more detailed course outline including the dates and times of the seven webinars.  Before registering for this training, please make sure that you will be available for these webinars.

Preparing for State-Side Pre-Adjudication of Waivers

Join us for a this Affiliates Only Webinar on January 12
12:00 PM - 1:30 PM EST

By Nadine Wettstein

Arnulfo Hinjosa received his BIA partial accreditation on November 14, 2011. He is employed at the Federation of Employers and Workers of America in Bay City, TX.

CLINIC and the United States Conference of Catholic Bishops are hosting a conference on state and local immigration issues!  The conference will be held in Salt Lake City, Utah from January 11 through13, 2012.  We will discuss methods for opposing enforcement initiatives and supporting comprehensive immigration reform. Workshops will include:

  • strategies for communications and messaging;
  • coalition building; and
  • parish organizing and education

On topics such as:

A new practice advisory on working with clients with mental competency issues has been released by the American Immigration Council's Legal Action Center (LAC) in collaboration with The University of Houston Law Center Immigration Clinic.

In May, the Board of Immigration Appeals (BIA) issued a precedent decision in Matter of M-A-M.  The respondent was represented by the University through CLINIC’s BIA Pro Bono Representation Project.  The decision set forth a framework for immigration judges to follow in cases involving individuals with mental competency issues.

In order to centralize and streamline receipting of citizenship and naturalization forms, USCIS has made changes to the filing locations of certain forms. 

On Oct. 30, 2011, USCIS began accepting Forms N-336, N-600 and N-600K at its Phoenix Lockbox facility and Form N-300 at its Dallas Lockbox facility.  Until Dec. 2, 2011, applications filed at field offices were forwarded to the appropriate lockbox.  After December 2, all applications erroneously filed at field offices will be returned to applicants to re-file with the proper lockbox.

In response to stakeholder feedback, EOIR has announced that it will reinstate the ability of callers to check the status of multiple cases in one call.  Starting on December 12, callers will be able to press the “pound” key (#) to return to the main menu and enter additional alien registration numbers.   In addition, callers will be able to press the “star” key (*) to skip the maintenance message at the beginning of the recording. 

By Allison Posner

As of November 30, 2011, the California and Vermont service centers will once again send all original notices, including I-797 approval notices, to the representative of record according to the G-28 on file.  The Texas and Nebraska service centers will do the same on or before December 5, 2011.

By Susan Schreiber

Section 212(c) of the INA provides relief from removal to law permanent residents who are deportable for certain criminal convictions.  There are many restrictions regarding eligibility for this form of relief, but at a minimum, the applicant must meet the following criteria:

Held on November 21, 2011.

Immigration and Customs Enforcement issued a memo on November 17th announcing a case-by-case review of the EOIR immigration court docket in each office.  This review will include both incoming cases as well as those currently pending in immigration courts.  This review will last for two months, until mid-January 2012, at which point the agency will assess the data and case outcomes before taking further action or review.  The review is viewed as a further step in implementing the June 17, 2011 Prosecutorial Discretion Memorandum that set forth various factors an

On November 4, 2011, the DHS extended TPS for nationals of Honduras and Nicaragua.  Nationals from those two countries who have previously registered for TPS are now eligible to re-register for an 18-month extension of their TPS status and employment authorization document (EAD).   TPS was scheduled to expire for these persons on January 6, 2012, but the USCIS recently extended TPS eligibility until July 5, 2013.  TPS beneficiaries from those two countries who pursue re-registration will also have their EADs automatically extended for six months, or until July 5, 2012.

By Leya Speasmaker

What method does your office use to process new client consultations? Read below to learn how two CLINIC affiliates have each created a system that accommodates and meets the needs of their office and their community.

Appointment-Only Model

Juan Torres of Catholic Charities of Salina, Inc. received his BIA Partial Accreditation in October 2011.

Magda Leleaux, Program Director of Catholic Social & Community Services, Inc., Migration & Refugee Center, Biloxi, MS, received BIA partial accreditation on November 14, 2011.

CLINIC and the United States Conference of Catholic Bishops are hosting a conference on state and local immigration issues.  The conference will be held in Salt Lake City from January 11-13, 2012.  We will discuss methods for opposing enforcement initiatives and supporting comprehensive immigration reform. Workshops will include:

  • strategies for communications and messaging;
  • coalition building; and
  • parish organizing and education.

On topics such as:

On October 31, the Department of Justice announced it was filing a complaint and injunction against certain provisions in the recently passed South Carolina immigration law (Act No. 69).  Passed in June, the South Carolina law is set to go into effect on January 1st. The law requires police officers to question the immigration status of individuals stopped for other reasons if the officers suspect them to be undocumented.

CLINIC’s State & Local Initiatives Project is pleased to announce its Alabama Resource Center, located on CLINIC’s website.  The site includes an analysis of the new law and the subsequent court rulings blocking parts of it, and talking points for advocacy on this and other state anti-immigrant measures.

By Allison Posner

On October 24, 2011, CLINIC celebrated the 10th Anniversary of the Board of Immigration Appeals (BIA) Pro Bono Project.  A reception was generously hosted by the law firm Fried Frank with special guests in attendance, including the Honorable Immigration Judge Paul Schmidt, Acting Director of EOIR Juan Osuna, and Acting Chairman of the BIA David Neal.

E-learning Course:

Immigration Legal Skills

January 11-February 8, 2012

The course webinars will take place on the five consecutive Wednesdays of the course, beginning January 11, 2012, and ending February 8, 2012.  All webinars run from 2:00-3:30pm Eastern Standard Time. 

 Before registering for this training, please make sure that you will be available for these webinars. 

E-learning Course: 

U.S. Citizenship: Acquisition, Derivation and Naturalization

January 10- February 7, 2012 

Click here for a more detailed course outline including the dates and times of the five webinars.  Before registering for this training, please make sure that you will be available for these webinars. 

Assisting Family Members of U Status Applicants and U Status Holders

December 16, 2011

2:00 p.m. - 3:30 p.m. Eastern Standard Time  
11:00 a.m. - 12:30 p.m. Pacific Standard Time
Cost: Free for CLINIC affiliates paying annual dues

  Introduction to Immigration Law Practice:

A Course for New Practitioners 

Co-Sponsored by

Catholic Legal Immigration Network, Inc. (CLINIC) and
Catholic Charities of Central Florida

 January 25-26, 2012
8:45 a.m. - 5:30 p.m. – Day One
8:45 a.m. – 4:45p.m. – Day Two

Location


      Click here for the Novmber 2011 Visa Bulletin.

By Nadine Wettstein

The U.S. Supreme Court will be ruling on at least four major immigration issues in its 2011-2012 term, which began on October 3, 2011.  The Court may yet add additional cases and issues to the docket. The Court’s decisions promise to settle some long-fought arguments and significantly affect the development of immigration law.  The following is a short summary of the cases and questions the Court already has accepted this term.

By Leya Speasmaker

How does your program respond to clients seeking to renew their Green Card? Here are two different approaches from affiliates in Texas. Alma Garza-Cruz from Catholic Charities of Southeast Texas in Beaumont responded to the following questions:

CLINIC and the United States Conference of Catholic Bishops will be hosting a conference on state and local immigration issues.  The conference will be held in Salt Lake City, Utah from January 11 through13, 2012.  We will discuss methods for opposing enforcement initiatives and supporting comprehensive immigration reform.

Last month, DHS’s Homeland Security Advisory Council (HSAC) released a report outlining its findings and recommendations regarding the Secure Communities Program.  CLINIC shared its concerns that the recommendations do not go far enough to correct the real problems with the program.  On October 18, CLINIC wrote a letter to the HSAC welcoming several of the recommendations proposed by the Task Force.  CLINIC reiterated, however, the concerns expressed in our August letter to the Task Force and called upon HSAC to consider broader reforms.  CLINIC continues its active advocacy role with resp

CLINIC is interested in hearing about your recent experiences with U Visa certification practices in your area, to inform our advocacy with DHS’s Office of Civil Rights and Civil Liberties (CRCL) regarding that office’s oversight of certification practices in the field.  Have your local ICE/CBP agents, police departments and state attorneys general been certifying meritorious U Visa applications, or have they refused?  Contact CLINIC Advocacy Attorney Karen Siciliano Lucas at klucas@cliniclegal.org.

 

November 22, 2011

The ABC's of Employment Based Immigration    

2:00 p.m. - 3:30 p.m. Eastern Daylight Time 

The Nuts and Bolts of Case Management and Legal Supervision

November 10, 2011 

2:00 p.m. - 3:30 p.m. Eastern Daylight Time
11:00 a.m. - 12:30 p.m. Pacific Daylight Time


    Click here or on the icon to view the Visa Bulletin.

  Introduction to Immigration Law Practice:  A Course for New Practitioners

October 18- 19, 2011

Louisville, KY 40202

 

 

Overview of Citizenship: Acquisition, Derivation and Naturalization

October 19 - 20, 2011

Phoenix, AZ 85013

By Charles Wheeler

The most ambiguous and hotly contested provision in the Child Status Protection Act (CSPA) concerns the status of derivative beneficiaries after they age out.  The relevant provision, codified in INA § 203(h)(3), reads as follows:

By Karen Siciliano Lucas

Part 1: Federal Judge Temporarily Blocks Part of Georgia’s HB 87

On Monday, June 27, 2011, federal Judge Thomas W. Thrash, Jr. temporarily blocked the implementation of two sections of Georgia’s controversial immigration law, House Bill 87.  He did so by issuing a preliminary injunction, which prevents the state of Georgia from enforcing these sections of the law until a final determination can be made by a federal court as to their constitutionality.

By Nadine Wettstein

In a deeply split decision, with separate concurring and dissenting opinions, the en banc Ninth Circuit significantly expanded the reach of its “modified categorical approach” for deciding whether a conviction was an aggravated felony or a crime involving moral turpitude.   The court overturned a prior en banc decision, Navarro-Lopez v. Gonzales, 503 F.3d 1063 (9th Cir. 2007), which had governed immigration cases arising in the Ninth Circuit since 2007.

By Sarah Bronstein

On September 6, 2011, the USCIS issued proposed regulations implementing changes to the Immigration and Nationality Act (INA) relating to Special Immigrant Juvenile Status (SIJS) (76 FR 54978) (Sept. 6, 2011).  SIJS is an immigration benefit available to children who have been the victims of abuse, abandonment or neglect.   The proposed regulations incorporate several legislative amendments culminating in the significant changes that were made by the William Wilberforce Trafficking Victims Protection Reauthorization act of 2008 (TVPRA 2008). 

By Susan Schreiber

VAWA 2005, signed into law in January 2006, extended self-petitioning eligibility to (a) abused parents of adult U.S. citizens, and (b) abused sons and daughters of U.S. citizens and lawful permanent residents over age 21 and under 25, who may apply as self-petitioning children if the abuse was a central reason for the delay in filing.   Recent policy memoranda issued by USCIS provides new guidance on eligibility to self-petition in each of these categories

E-learning Course:

Understanding and Preparing Waivers

November 9 –December 14, 2011

Click here for a more detailed course outline including the dates and times of the 5 webinars.  Before registering for this training, please make sure that you will be available for these webinars.

 

E-learning Course: 

Select Issues in VAWA Self-Petitioning

 

Presented by:

U.S. Department of Justice Office on Violence Against Women (OVW), in partnership with

Catholic Legal Immigration Network, Inc. (CLINIC)

 

November 3-December 8, 2011

 

E-learning Course: 

Introduction to VAWA Self-Petitioning

November 8-December 13, 2011

 

Click here for a more detailed course outline including the dates and times of the five webinars.
Before registering for this training, please make sure that you will be available for these webinars.

 

VAWA Self-Petitioners and Inadmissibility 

 October 13, 2011

2:00 p.m. - 3:30 p.m. Eastern Daylight Time
11:00 a.m. - 12:30 p.m. Pacific Daylight Time

Held on September 8, 2011

All About Cuban Adjustment

September 22, 2011

  

2:00 p.m. - 3:30 p.m. Eastern Daylight Time
11:00 a.m. - 12:30 p.m. Pacific Daylight Time
Cost: $50; Free for CLINIC affiliates paying annual dues 
 

 

Diocesan Migrant and Refugee Services

Invites you on a

Tour of the American Consulate in Ciudad Juarez

Friday, November 18, 2011
9:00 a.m. – 2 p.m.

Cost: $40 

Please note that the price includes a box lunch. 

 

   Introduction to Immigration Law Practice:

A Course for New Practitioners

\

Co-Sponsored by

Catholic Legal Immigration Network, Inc. (CLINIC)
and
Catholic Charities of Louisville

 

Keeping Up with CSPA 


September 8, 2011


 

Strategies for Naturalizing the Most Vulnerable Applicants


September 12, 2011


2:00 p.m. - 3:30 p.m. Eastern Daylight Time
11:00 a.m. - 12:30 p.m. Pacific Daylight Time
Free for All

E-learning Course: 

Introduction to Family-Based Immigration

September 14-October 26, 2011

 

Click here for a more detailed course outline including the dates and times of the seven webinars.  Before registering for this training, please make sure that you will be available for these webinars.

 

D. DETAINED UASC HAVE A RIGHT TO FREE COUNSEL

The three arguments discussed in the preceding sections could assist in providing a right to free legal counsel for all UASC navigating immigration proceedings in the United States. A narrower argument that is also open to advocates concerns the promotion of a right to free counsel for detained UASC.

B. CHILDREN TEMPORARILY OR PERMANENTLY DEPRIVED OF THEIR FAMILY ENVIRONMENT HAVE A RIGHT TO FREE LEGAL COUNSEL

III. POTENTIAL ARGUMENTS

This section identifies potential arguments, which could be utilized by U.S.-based advocates to promote a right to free legal counsel for UASC navigating immigration proceedings in the United States. The arguments are intended to provide a broad framework within which advocacy strategies and campaigns promoting a right to free legal counsel can be designed. Once advocates identify the most compelling and promising arguments, further research on the merits of these arguments will be undertaken.

D. FREE LEGAL COUNSEL FOR CHILDREN DEPRIVED OF LIBERTY

In Article 37(d), the CRC explicitly addresses the right to counsel for all children, including UASC, who are deprived of liberty.

Article 37(d): Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.

C. NON-DISCRIMINATION, BEST INTERESTS OF THE CHILD, AND SPECIAL PROTECTION AND ASSISTANCE  

B. THE CONVENTION ON THE RIGHTS OF THE CHILD AND THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES

 As a preliminary matter, a brief introduction to the Convention on the Rights of the Child, the Committee on the Rights of the Child, the United Nations High Commissioner for Refugees and the Executive Committee of the United Nations High Commissioner for Refugees is provided.  This treaty and bodies speak to the rights of UASC.

 

1. The Convention on the Rights of the Child

A.  INTRODUCTION

The international materials discussed in this section include:

§  The Convention on the Rights of the Child (1989);

§  The Committee on the Rights of the Child: General Comment No. 6 on Treatment of Unaccompanied and Separated Children Outside Their Country of Origin (2005);

§  The United Nations High Commissioner for Refugees’ Executive Committee Conclusion No. 107 on Children at Risk (2007);

II.  Main Sources of International Law and Commentary

A.  Introduction

The international materials discussed in this section include:

§  The Convention on the Rights of the Child (1989);

§  The Committee on the Rights of the Child: General Comment No. 6 on Treatment of Unaccompanied and Separated Children Outside Their Country of Origin (2005);

§  The United Nations High Commissioner for Refugees’ Executive Committee Conclusion No. 107 on Children at Risk (2007);

II.  Main Sources of International Law and Commentary

A.  Introduction

The international materials discussed in this section include:

§  The Convention on the Rights of the Child (1989);

§  The Committee on the Rights of the Child: General Comment No. 6 on Treatment of Unaccompanied and Separated Children Outside Their Country of Origin (2005);

§  The United Nations High Commissioner for Refugees’ Executive Committee Conclusion No. 107 on Children at Risk (2007);

B. STRUCTURE

Section II of this memorandum introduces excerpts from international law and commentary directly or indirectly applicable to the provision of free legal counsel for unaccompanied and separated children in civil proceedings. This serves as background to the discussion in Section III on how the identified law and commentary could be utilized to support attempts to promote a right to free legal counsel for unaccompanied and separated children navigating immigration proceedings in the United States.

 

C. DEFINITIONS

 For the purpose of this memorandum, the following definitions apply:

 §  Child: Every human being below the age of 18 years, unless under the law applicable to the child, majority is attained earlier.[1]

§  Unaccompanied children: Children (as defined above) who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so.[2]

A. PURPOSE

This memorandum highlights international human rights law and commentary as well as potential arguments based on this law that could be utilized by U.S.-based advocates to promote a right to free legal counsel for unaccompanied and separated children navigating domestic immigration proceedings. Where relevant, the memorandum also references regional human rights law and national policies and identifies further avenues of research for advocates.

I.  Introduction

A.  Purpose

This memorandum highlights international human rights law and commentary as well as potential arguments based on this law that could be utilized by U.S.-based advocates to promote a right to free legal counsel for unaccompanied and separated children navigating domestic immigration proceedings. Where relevant, the memorandum also references regional human rights law and national policies and identifies further avenues of research for advocates.

The following resources were created as part of a partnership between CLINIC and the Institute for the Study of International Migration at Georgetown University to encourage the use of international law arguments in U.S. immigration cases:

What is an ITIN?

ITIN stands for Individual Tax Identification Number. It is a nine-digit number issued by the Internal Revenue Service (IRS) to individuals who do not qualify for a Social Security Number (SSN). The ITIN always begins with the number 9 and has a 7 or 8 in the fourth digit. For example: 9XX-7X-XXXX.

An ITIN permits individuals without a valid Social Security Number (SSN) to: