quick reference chart and notes for determining immigration - ILRC

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California Quick Reference Chart and Notes February 2010 3. Prior Deportations: Ever been deported or gone before an immigration judge? YES NO Date? ______________________ Reason? ___________________________________________ Do you have an immigration court date pending? YES NO Date? _______________________________ Reason?_________________________________ 4. Prior Immigration Relief: Ever before received a waiver of deportability [§ 212(c) relief or cancellation of removal] or suspension of deportation? YES NO Which:______________ Date: ____________ 5. Relatives with Status: Do you have a U.S. citizen (parent), (spouse), (child -- DOB(s) _________________________________), (brother) or (sister)? Do you have a lawful permanent resident (spouse) or (parent)? _____________________________________________ Relief: Consider family immigration, see DINC § 11.13. 6. Employment: Would your employer help you immigrate (only a potential benefit to professionals)? YES NO Occupation:____________ Employer’s name/number:____________________________ 7. Possible Unknown U.S. Citizenship: Were your or your spouse’s parent or grandparent born in the U.S. or granted U.S. citizenship? YES NO Were you a permanent resident under the age of 18 when a parent naturalized to U.S. citizenship? YES NO 8. Have you been abused by your spouse or parents? YES NO Relief: Consider VAWA application, see DINC § 11.19. 9. In what country were you born? _________________ Would you have any fear about returning? YES NO Why? __________________________________________________ Relief: Consider asylum/withholding, or if recent civil war or natural disaster, see if entire country has been designated for “TPS.” See DINC §§ 11.4-5, 7. 10. Are you a victim of serious crime or alien trafficking and helpful in investigation or prosecution of the offense? YES NO Relief: Consider “T” or “U” visa; see DINC §§ 11.28-29. Immigrant Legal Resource Center N-147
California Quick Reference Chart and Notes February 2010 §N.16 IMMIGRATION CONSEQUENCES OF JUVENILE DELINQUENCY Inadmissibility (8 USC § 1182(a)) and Deportability (8 USC § 1227(a)) Although not a conviction for immigration purposes, a delinquency adjudication still can create problems for juvenile immigrants. Certain grounds of inadmissibility (bars to obtaining legal status) and deportability (loss of current legal status) do not depend upon conviction; mere “bad acts” or status can trigger the penalty. The following are commonly applied conduct-based grounds and the juvenile court dispositions that might provide the government with evidence that the person comes within the ground. Delinquency Disposition Prostitution (being the prostitute, not the customer) Drug Trafficking: Sale, possession for sale, cultivation, manufacture, distribution, delivery, other drug trafficking offenses Drug Abuse or Addiction: Repeated drug findings, finding of abuse (more than one time experimentation in last three years), addiction to drugs Behavior showing a mental condition that poses a current threat to self or others: including suicide attempt, torture, mayhem, repeated sexual offenses against younger children (predator), perhaps repeated alcohol offenses (showing alcoholism) False Claim to U.S. Citizenship: Use of false documents and fraud offenses relating to false claim to citizenship Violations of protective or “no-contact” orders designed to prevent repeated harassment, credible threats of violence or bodily injury Immigration Penalty & Waiver Inadmissible for engaging in prostitution Waivers often available Inadmissible where DHS/ICE has “reason to believe” participation in drug trafficking No waivers except for the S, T, or U visa. Inadmissible and deportable for drug addict or abuser Waivers often available Inadmissible for mental disability posing threat to self or other Waivers may be available Inadmissible and deportable for false claim to U.S. citizenship Waivers may be available, e.g., SIJS and U Visa Deportable where Court finds violation of domestic violence protective order designed to prevent repeated harassment, credible threats of violence or bodily injury Some waivers WARNING! Be aware that gang membership, affiliation, and activity, violent offenses, and sex offenses can cause also problems for noncitizen youth including secure detention and denial of immigration applications as a matter of discretion. Go to www.defendingimmigrants.org for more information and resources on immigration consequences of delinquency. N-148 Immigrant Legal Resource Center
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