Deportation Defense

Special Immigrant Juvenile (SIJ) Status

• Must be under 21 at the time of the filing of the SIJ petition.
• Must reside in the U.S. both at the time of the filing of the SIJ petition and the time USCIS adjudicates the petition.
• Must be unmarried.
• Must have a valid “juvenile court” order finding that:
• Petitioner is dependent on court or is in custody of state agency or individual/entity appointed by the court;
• Petitioner cannot be reunified with one or both parents because of abuse, abandonment, neglect, or a similar basis; AND
• It is not in Petitioner’s best interests to return to country of origin or last residence.
• Must have sought juvenile court order for intended purpose and not primarily to obtain an immigration benefit.

U Visa Eligibility

• Must be a victim of qualifying criminal activity.
• Must suffer substantial physical or mental abuse as a result of having been a victim of criminal activity.
• Must have information about the criminal activity.
• Must show that petitioner was helpful, is helpful, or is likely to be helpful to law enforcement in the investigation or prosecution of the crime.
• The crime must have occurred in the United States or violated U.S. laws.
• Must show petitioner is admissible to the United States or is eligible for a waiver of inadmissibility.

Qualifications

• Qualifying crimes include: rape, sexual assault, incest, domestic violence, felony assault, kidnapping, murder/manslaughter, prostitution, stalking
• Children under the age of 16 or those unable to provide information due to a disability can have a parent, guardian, or next friend cooperate as to the crime on their behalf.
• Requires U certification from law enforcement, prosecutor, or judge
• Derivative status available for qualifying family members
• If petitioner over 21, spouse and children
• If petitioner under 21, spouse, children, parents and unmarried siblings under age 18
• Cap of 10,000 per year (currently 4 years, soon to be 7)
• May be placed on waitlist and get deferred action & EAD

T Visa Eligibility

• Victim of a “severe form of trafficking in persons”—defined to include two categories of labor: sex and labor
• Sex trafficking: involves a coerced commercial sex act or person under 18 induced to perform a sex act
• Labor trafficking: coerced labor or services for purpose of involuntary servitude or debt bondage
• Physically present in the U.S. because of trafficking
• Compliance with reasonable request for assistance from law enforcement agency
• Exceptions: Petitioner is under the age of 18 or is unable to cooperate due to physical or psychological trauma
• Extreme hardship involving unusual and severe harm if removed

• Compliance requirement can be satisfied by T Cert (from LEA), but doesn’t have to be—you just have to prove it up!
• Compliance requirement not applicable if under 18 or can show unable to meet due to trauma
• Reasonableness of request determined based on totality of circumstances, including standard LE practices, nature of victimization, and victim’s specific circumstances (fear, trauma, age, maturity).
• Hardship: factors include age; personal circumstances; physical/psychological consequences of trafficking; impact of loss of access to U.S. criminal justice system & civil redress; possibility of retaliation or revictimization if returned to home country
• 5,000 cap (typically not met)
• EAD, path to AOS