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 FOR

IMMIGRATION RELIEF

Screening CasesConsider:• 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