Criminal Defense of Immigrants

(D)  Screen for Immigration Relief.  Counsel in delinquency and adult criminal proceedings involving minors should screen for immigration relief that may be available to the child.  The following questions may be asked:

                (1)  Was the youth a victim of family violence or abuse? (SIJS, see § 12.7, infra, and VAWA Relief, see § 24.26, infra).

                (2)  Was the child a victim of trafficking in persons or of a serious crime? (T and U Visas, see § § 24.16, 24.17, infra).

                (3)  Does the youth have a willing citizen or permanent resident spouse or biological, step- or adoptive parent? (Family immigration, see § 24.2, infra).

                (4)  Does the child fear return to the home country based on political, economic or other factors?  (Asylum and similar relief, see § § 24.18, 24.31, infra, Temporary Protected Status, see § 24.25, infra).

                (5)  Is the youth a long-term permanent resident?  (Cancellation for Permanent Residents, see § 24.4, infra).

                (6)  Does an undocumented youth have a long history in the U.S. and close citizen or permanent resident relatives? (Cancellation for Non-Permanent Residents, see § 24.5, infra).

Most immigrant children do not see immigration counsel.  As their defender, it is likely that you will be the only legal counsel that the child sees who can alert them to possible immigration relief.  Some relief requires action on your part (for example, getting the delinquency judge to sign a short order to qualify the child for “special immigrant juvenile status” – see § 12.7, infra).   Several forms of relief are based upon the same abusive life circumstances that may have brought the minor to delinquency in the first place, such as being a victim of family violence or other crime.