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California Quick Reference Chart and Notes February 2010 Diagnostic Questions For Noncitizen Youth: Determining Potential Avenues For Legal Status 1. Is the child a U.S. citizen without knowing it? A. Anyone born in the U.S. or Puerto Rico is a citizen, and born in Guam, American Samoa or Swains Island is a national who can’t be deported. B. If person born outside the U.S., ask two threshold questions to see if the person automatically is a U.S. citizen. If the answer to either might be yes, refer for immigration counseling. • Was there a USC parent or grandparent at time of person’s birth? Or, • Before person’s 18 th birthday, did both of these events happen (in either order): child became a permanent resident, and at least one natural or adoptive (but not step-) parent having some form of custody over the child is or becomes a U.S. citizen. (Tip: Encourage the parent to naturalize!) 2. Is the child currently under delinquency court jurisdiction where the court has ruled that the child (a) cannot be reunified with one or both parents parent because of abuse, neglect or abandonment or a similar basis under state law and (b) that it would not be in the child’s best interest to be returned to the home country? The child may qualify for special immigrant juvenile status. • IMPORTANT: if possible, the child should stay in the jurisdiction of the delinquency court until the entire SIJS application is adjudicated, so watch out for youth aging out of the system. If this is not possible, the court should explicitly state that termination of jurisdiction is being done based on age. 3. Has the child been abused by a U.S. citizen or permanent resident spouse or parent, including adoptive, natural or step-parent? Has the child’s parent been a victim of domestic violence by his/her U.S. citizen or permanent resident spouse? Consider VAWA relief. • Child doesn’t need to be under current court jurisdiction, and may be reunited with the other parent. • Child will need to show “good moral character.” Violent crimes will be a negative factor, but can be offset if there is a connection between the abuse and the bad conduct. 4. Has the child been a victim of serious crime, or of alien trafficking? Is the child willing to cooperate with authorities to investigate or prosecute the offense? Consider the S, T, or U visas. • This is one of the few forms of relief available even if the child has a drug trafficking delinquency disposition. 5. Does the child have a U.S citizen or permanent resident parent or spouse who is willing to petition for her? Investigate family immigration. • To immigrate through an adoptive parent the adoption must be completed by the child’s 16 th birthday. 6. Does the child come from a country that’s recently experienced civil war, natural disaster, or political persecution? Investigate various forms of relief such as asylum and temporary protective status. Immigrant Legal Resource Center N-149
California Quick Reference Chart and Notes February 2010 Books § N.17 Other Resources: Books, Websites, Services Immigrant Legal Resource Center. Along with writing Defending Immigrants in the Ninth Circuit, formerly California Criminal Law and Immigration, the Immigrant Legal Resource Center creates extensive on-line materials for criminal defense attorneys, and works with communities and media to obtain fair treatment and a reasonable view of noncitizens convicted of crimes. Go to www.ilrc.org for additional information. The Immigrant Legal Resource Center publishes several other books and materials on immigration law, all written to include audiences of non-immigration attorneys. It also is a center for community organizing for immigrants’ rights. See list of publications, trainings and projects at www.ilrc.org or contact ILRC to ask for a brochure. Law Offices of Norton Tooby. A criminal practitioner with over thirty years experience who has become an expert in immigration law as well, Norton Tooby has written several books that are national in scope. Recently he offered for free Tooby’s Guide to Criminal and Immigration Law, which handles critical topics such as interview, working with immigration counsel, translaters, and other issues. Criminal Defense of Noncitizens includes an in-depth analysis of immigration consequences and moves chronologically through a criminal case. Safe Havens, Aggravated Felonies and Crimes Involving Moral Turpitude provide general discussion of these areas, and also discuss and digest in chart form all federal and administrative immigration opinions relating to these categories. Other books include studies of means of obtaining postconviction relief under California law, and nationally. Go to www.criminalandimimgrationlaw.com or call 510/601-1300, fax 510/601-7976. National Immigration Project, National Lawyers Guild. The National Immigration Project publishes the comprehensive and encyclopedic national book, Kesselbrenner and Rosenberg, Immigration Law and Crimes. Contact West Group at 1-800-328-4880. Websites Board of Immigration Appeals (BIA) decisions can be accessed from a good government website. Go to www.usdoj.gov/eoir. Click on “virtual law library” and look for “BIA/AG administrative decisions.” The website of the law offices of Norton Tooby offers a very valuable collection of archived articles and a free newsletter. Other services, including constant updating of Mr. Tooby’s books, are offered for a small fee. Go to www.criminalandimmigrationlaw.com. The national Defending Immigrants Partnership is a national effort to assist criminal defense counsel who defend indigent immigrants. See the website at www.defendingimmigrants.org, N-150 Immigrant Legal Resource Center
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