COMMUNITY NAVIGATOR TRAINING MODULE 7: PREPARING DOCUMENTS

COMMUNITY NAVIGATOR TRAININGMODULE 7: COLLECTING DOCUMENTSAPRIL 7, 2015

1ACKNOWLEDGEMENTSThis presentation is a product of the Committee for Immigration Reform Implementation (CIRI) Regional Coordination subcommittee. This was prepared by Tara Raghuveer of the National Partnership for New Americans (NPNA). Susan Schreiber and Jack Holmgren of Catholic Legal Immigration Network, Inc. (CLINIC) supplied the Immigration 101 module, based on CLINICs 2-day immigration law training. Mayron Payes and Larry Kleinman of FIRM provided guidance on the Defending AR module. Patrick Taurel of the American Immigration Council (AIC) contributed to the module on Unlawful Practice of Law. Frances Valdez (United We DREAM), Courtney Tudi (World Relief), Eddie Carmona (PICO), George Escobar (CASA de Maryland), Ruth Lopez (ICIRR), Camille Mackler (NYIC), Adrienne DerVartanian (Farmworker Justice), and Kelly Rodriguez (AFL-CIO) all provided additional resources and guidance. This training is based on the NPNA-United Food and Commercial Workers naturalization partnership. 2Refer navigators to manual instructions2

www.adminrelief.org

MODULE 7:COLLECTING DOCUMENTS4

Objectives:Introduce effective practices and strategies for doc prep Have participants understand the purpose, limits and tactics of doc prep assistanceMethodologyThis training utilizes a modified form of popular educationWherever practical, this means starting with participants information and ideasThe facilitator adds important information not brought forth by participants and corrects misinformationIts important for the facilitator to monitor the group dynamic and not let a few voices dominate the brainstormsTwo other key methods are small-group brainstorm (with report out to assemble collective wisdom) plus role-play, affording participants an opportunity to try out examples of the role they will play as a Community Navigator

4WHAT ARE THE POTENTIAL CHALLENGES?5Explain the importance of document preparation and its centrality to implementing administrative relief Facilitate group discussion: Has anyone ever helped a friend get a document from an agency or business?What was easy? (e.g., I had a contact or knew where to go.)What was a challenge? (e.g., I got sent from one person to the next.)How did you overcome it? (e.g., I called a friend who knew someone.)Explain that in one way or another, weve all been navigators. The challenge today is to build on that experience so we can each guide dozens, maybe hundreds, to assemble the evidence they need to apply for DAPA/DACA

5REVIEW: WHAT IS DAPA/DACA?WHO QUALIFIES?6Review the eligibility requirements, identify key features of both programs Method: Popcorn style group brainstorm. Ask questions, scribe answers, to move quickly through identifying from the group the key elements. If the answers cease to pop, add to the listWhat does an applicant receive if they apply and are approved?Key answer: Employment authorization valid for an initial period of three yearsOther: Protection from deportation/removalValid Social Security numberRight to travel outside the U.S. and return [note: this is not automatic]Eligibility for unemployment benefitsWhat are the basic requirements to qualify for DAPA?Key answers:Reside continuously in the U.S. since before January 1, 2010Have a U.S. citizens or Lawful Permanent Resident childHave been physically present in the U.S. on November 20, 2014Not have a serious criminal convictionWhat are the basic requirements to qualify for DACA?Key answers:Reside continuously in the U.S. since before January 1, 2010Have graduated from high school or be currently enrolled in high school or in a GED or equivalent programHave been physically present in the U.S. on November 20, 2014Not have a serious criminal conviction

6EFFECTIVE PRACTICESAvoid UPL Have applicant sign agreementReview document checklist Organize documentsOffer strategies and referralsIndependent, institutional, systematic7Refer navigators to the full list of effective practices in the manual Avoid UPL Explain what this means (Reference MODULE 5: Avoiding Unlawful Practice of Law) Have applicant sign agreementReview document checklist Organize documentsOffer strategies and referralsIndependent, institutional, systematicDiscuss general information: USCIS will accept just about anything thats relevant. How much weight they accord it, though, is another matter. For example, under DACA, USCIS instructed that affidavits from friends and family members alone would be insufficientThe most credible sources are those widely recognized as independent, institutional, or systematic. For example, from a source that recorded data at or near the time of an event or action. As a general rule, the most credible evidence is not easily falsified, and is issued by a party with no direct interest in the immigration process

7DAPA CHECKLIST Proof of identity Proof of continuous residence Proof of parental relationship Proof of childs U.S. citizen/LPR status Proof of presence and unlawful status on November 20, 2014 Criminal records (if applicable)

88DACA CHECKLIST Proof of identity Proof of continuous residence Proof of education/military service Proof of presence and unlawful status on June 15, 2012 Criminal records (if applicable)

99PROVING IDENTITYBoth DAPA and DACA

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For both DAPA and DACA, you need to be able to prove who you are. You can most likely do so with any of the following: Birth certificatePassportConsular ID (Mica) Marriage certificateDivorce certificateAdoption recordsSchool ID Drivers license Discuss images and limitations of some of the forms of identification (i.e. TVDL may NOT be considered identification alone in some cases) 10PROVING CONTINUOUS RESIDENCEWork/UnionSchool Financial MilitaryReligious

MedicalHome/carCommunity orgPersonal/legal

11For both DAPA and DACARefer navigators to list in manualDiscuss strategies to take with particular institutions (i.e. schools, libraries), facilitate discussion about how people would go about finding this information NOTE: Seeking documents from current employers is very risky. The employer may fire the individual if they understand them to be undocumented because this means the employee had used false information when employed or because the employers fear sanctions for continuing to hire an employment without work authorizationFacilitate discussion: Some applicants may have lots of documentation saved up. Most applicants will need to seek documents from agencies or businesses with offices in our city, town, or even in our neighborhood. Were going to spend a few minutes in small teams to come up with ideas about how to meet the following challenge: Next week, 50 people who live in your community are coming to your organization to seek your advice about how they can obtain documentation from local agencies and business. What could your team do in advance to prepare to assist those 50 people?Key answers: Contact the school, utility companies, and such to find out who is the key contact and find about their documentation issuance (required information, cost, method of request, lead time needed)Form letters are (already) prepared for both the request for documentation and for the documentation issuer to simple fill in11WHAT IS AN AFFIDAVIT?An affidavit is a sworn statement that is signed and dated. If you lie in an affidavit, you commit a crimeI declare under penalty of perjury that this statement is true and correct to the best of my knowledge and belief.

12Explain when an affidavit might be helpful:You have gaps in papers showing you were here from January 1, 2010 to the presentYou need to describe a departure between January 1, 2010 and time of application*You need evidence of good moral character**If this applies to you, it is especially important that you speak with a legal service providerYou cant use an affidavit alone to prove.That you meet the education requirementThat you were here on November 20, 2014That you came to the US before you turned 16That you are a childs parentThat your child is a US citizen or LPR Refer navigators to the affidavit guide in the manual

12PROVING EDUCATIONSchool attendedSchool districtState or public records office

13For DACA only

13PROVING PARENTAL RELATIONSHIPBirth certificateAdoption papersCertificate of marriage to biological parent AND birth certificate listing other parent (for step parents) Paternity acknowledgement/decreeDivorce certificateCustody/child support orderBaptismal records

14For DAPA only 14PROVING CHILDS STATUSU.S. Citizenship of childBirth certificate/baptismal recordPassportNaturalization or citizenship certificateLPR status of childGreen cardI-551 passport stamp

15For DAPA only 15PROVIDING CRIMINAL RECORDSFBI recordsState criminal recordsLocal police recordsCourt records16For both DAPA and DACARefer navigators to the steps in the manual and re-emphasize the importance of being forthright about criminal recordTalk about red flags here that would necessitate more legal attention, might bar someone from qualifying 16LOCAL RESOURCES17Share local providers, referral list

17ACTIVITY: ASSEMBLING A PACKET18[Under construction]Hand out packets of redacted documents, have navigators break into small teams and assemble a packetDiscuss as a group the challenges, what to do next (refer to legal help, etc.) 18