Tips for Representing Uacs: U Visas, T Visas, SIJS and Asylum

Tips for Representing UACs: U Visas, T Visas, SIJS and Asylum

U Visas

–Domestic violence, felonious assault, rape/sexual assault, trafficking, incest, involuntary servitude, slave trade, kidnapping, et al; OR

–attempt, conspiracy, or solicitation to commit any of the above mentioned crimes;

Suffered “substantial mental or physical abuse”; AND
Is being, has been, or is likely to be helpful to the investigation or prosecution of the criminal activity.

Remember that declarations of the victim are mandatory!
If the victim was under 16, the parent can be the one who was helpful to the investigation and can complete the declaration.
In addition to filing U visas where the UAC is the victim of crime, if living with a parent, adequately screen the parent and other immediate family members for U visa eligibility.
Remember that certifications can be sought from a variety of agencies including prosecutor’s offices and judges!
Be careful with I-192 waivers!

T Visas

Recruiting, harboring, moving or obtaining someone;
Using force, fraud, or coercion;
For involuntary servitude, debt bondage, slavery or sexual exploitation (forced prostitution).

Are or were a victim of trafficking, as defined by law;
Are in the United States due to trafficking;·
Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking; AND
Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States.

Remember that a law enforcement certification is not required, but is very helpful!
Victims under the age of 18 are not required to show compliance with law enforcement requests!
Also, cooperation is not required if the victim is unable to cooperate due to physical or psychological trauma.

Special Immigrant Juvenile Status

Be under 21 years old at the time of filing;
Unmarried;
Present in the U.S.;
Have the requisite state juvenile court order that has made the following findings:
Declaresthe juvenile a dependent of the court or legally place the juvenile with a state agency, a private agency, or a private person;
It is not in the juvenile’sbest interests to return to his/her home country (or the country the juvenile last lived in);AND
The juvenile cannot be reunited with one or both parents because of abuse, neglect, abandonment, or a similar reason under state law.

Note that the findings regarding best interest and reunification are FACTUAL findings, and therefore the court is NOT being asked to adjudicate that the juvenile has been abused, neglected, or is dependent under state law (O.R.C. § 2151, et seq.).
Most counties prefer cases to be filed as private custody actions instead of Abuse, Neglect, Dependency (AND) actions (exception: Butler County).
Service issues:
The Hague Convention on Service does not apply to Guatemala, El Salvador, and Honduras as they are not parties to the treaty;
Obtaining waivers of service and consents to change in custody from cooperative parents is very helpful when possible.

Having trouble obtaining signatures or documents from abroad? Consider using international agencies, such as Global Workers’ Alliance.
USCIS:
Centralized adjudication
Visa bulletin
Don’t let USCIS officers bully UACs! Refer to 2004 & 2009 policy memoranda: no “second-guessing” the court’s order or whether the order was properly issued.
Beware of ancillary questioning about smuggling and family members –thoroughly prepare clients before interviews.

Asylum

One year bar and UAC exception – what happens after turning 18?
Gang-based asylum claims – what is working, what isn’t working.
Domestic violence and violence against women claims – expand these cases to the UAC population!
Working with children versus working with adults, especially those who suffered trauma.

UAC Docket updates