Nicole Assists Refugees at the Jewish Family Services of Silicon Valley Legal Clinic
Jewish Family Services of Silicon Valley ("JFS") is a non-profit organization dedicated to helping members of the community successfully meet the challenges of everyday life. It offers a broad range of professional social services to children, adults, and families without regard to race, religion, ethnicity, or ability to pay. One of those services is legal assistance for refugees from all over the world, including Iran, Russia, and Egypt.
Nicole has been volunteering at the JFS legal clinic each month for about a year. During that time, she has assisted dozens of immigrant refugees with their applications for green cards, citizenship, and family members. The
clinic recently had its 2 year anniversary, and is still going strong!
You can learn more about the JFS legal clinic by visiting their website at:
Nicole Participates in New Americans Campaign Citizenship Workshop
Recently Nicole was able to put her experience regarding the citizenship process to work for a good cause!
On Thursday, October 30th, Nicole made the short trip to Redwood City, California, where she participated in the New Americans Campaign Citizenship Workshop on behalf of Hurtubise Weber Law. The workshop was provided to assist individuals who may meet the requirements to apply for citizenship but can not afford to hire a private attorney.
Sponsoring non-profit organizations SIREN (Services, Immigrant Rights, and Education Network) and the IIBA (International Institute of the Bay Area) made the workshop possible. SIREN's mission is
to empower low-income immigrants and refugees in Santa Clara County through community education and organizing, leadership development, policy advocacy and naturalization services
. More information can be found on their website:
http://www.siren-bayarea.org/?page_id=106
. The IIBA
welcomes, educates and serves immigrants, refugees and their families as they join and contribute to the community
. More information can be found on their website at:
http://iibayarea.org/index.php?option=com_content&view=article&id=71&Itemid=88
.
Although turnout was lower than expected, those who did seek assistance were grateful for access to experienced immigration attorneys in their quest for citizenship. Nicole was excited to further one of the core missions of the firm - to stay involved with our local communities and to help those who need it most.
A Special Immigrant Juvenile Success Story
Danny was able to be placed in the foster home of a retired nurse, who was familiar with his condition and could provide the care and support that he needed both physically and emotionally. However, Danny was present in the United States illegally. Unless that changed, he would always have to live in fear of deportation at any time. While Danny was able to receive certain benefits as a foster child, once he became an adult and was released from the dependency system he would no longer be eligible for subsidized health care. In addition, he would not have access to student loans or be able to obtain authorization to work in the United States. Danny was okay for the moment, but his future was looking grim.
Fortunately, Danny's juvenile dependency attorney recognized that he may be eligible for an immigration benefit called Special Immigrant Juvenile Status. He contacted Hurtubise Weber Law to request that we take Danny's case on a pro bono basis.
Special Immigrant Juvenile Status (SIJS) was created so that a certain class of vulnerable young people can have a chance at a real life in the United States - with the option of going to school, working, and taking advantage of our social safety net, without fear of deportation. SIJS is an excellent option for young people because it leads to lawful permanent residency (a green card) and eventually citizenship.
To be eligible for SIJS, you must be under 21 years old and unmarried. A state court must have declared you a dependent of the state (this usually occurs in juvenile or family court, and is the case for foster children) and found (1) that it is not in your best interests to return to your home country and (2) that you can not be reunited with a parent due to abuse, abandonment, neglect, or a similar reason.
Danny was a prime SIJS candidate - he met all of the criteria and had an extremely sympathetic story due to his illness. We were able to submit his application materials, and a few months later, Danny received his green card! In 5 years, he will be able to apply for citizenship.
Danny is just one of many foster children we are committed to helping through our pro bono legal assistance. In the past few months we have obtained lawful permanent residency (green cards) for two foster children, and are currently in the process of assisting two more.
The U Visa: A Crime Victim's Path to Lawful Permanent Residency
The documentary focuses on sexual abuse of undocumented female farm workers. However, undocumented women in all industries face abuse and exploitation due to the power that their employers and supervisors wield over them - the threat of notifying the government that they are here without status. Many undocumented women fear that if they report a crime or harassment against them at work, then either their employer or the police will turn them over to immigration, and they will eventually be deported.
In fact, this is a valid fear because it does occur in some cases. However, there is hope for women in this difficult situation. The U visa was created in the year 2000 in order to provide undocumented victims of crime with an avenue to lawfully remain in the United States. To qualify for the U visa, an applicant must show that she is a victim of crime, that she has suffered substantial mental or physical abuse due to the criminal activity, and that she possesses information concerning the criminal activity. She must obtain a certification from a law enforcement agency stating that she has been, is being, or is likely to be helpful in the investigation or prosecution of the criminal activity.
Applicants may include their spouses, as well as their children under the age of 21 years, in their applications. In addition, if an applicant is under the age of 21 years, she may include a parent or unmarried sibling under the age of 18 years as well.
Although a U visa is a non-immigrant visa, which means that it authorizes temporary residence in the United States, it can lead to Lawful Permanent Residency (a green card) in some circumstances. Generally the holder of a U visa may obtain Lawful Permanent Residency if she has been physically present in the United States in U visa status for 3 years, has not unreasonably refused to provide assistance to law enforcement in the matter that led to the U visa, and can show that her continued presence in the United States is justified either on humanitarian grounds or to ensure family unity or that it is in the public interest.
Section 3 of DOMA Declared Unconstitutional: Same-Sex Couples May Now Apply for a Green Card for a Spouse
In a victory for same-sex couples across the nation, the United States Supreme Court has ruled DOMA (the Defense of Marriage Act) unconstitutional. What does this mean for immigrants who are currently married to a United States Citizen or Lawful Permanent Resident?
This decision means that the federal government may no longer deny an immigrant who is lawfully married to a United States Citizen or Lawful Permanent Resident benefits solely on the basis of the fact that the marriage is between two men or two women.
In order for a marriage to be lawful, it must be recognized as valid in the country or state in which it occurred. However, because the Defense of Marriage Act and all of immigration law is federal law, the couple need not currently reside in a place where same-sex marriage is legal. For example, a couple who married in Connecticut and currently reside in Arkansas will now be eligible for benefits under federal immigration law.
It is important to note that the new ruling applies only to couples who are lawfully married. Couples united through a civil union or any other type of non-marital union remain ineligible. In addition, local prejudice against same-sex couples may make the process of applying for a green card through a spouse more difficult.
To read more about the Supreme Court's decision, see below:
http://www.nytimes.com/2013/06/27/us/politics/supreme-court-gay-marriage.html?_r=0
To schedule a consultation to discuss how this decision may impact you, please visit our website at hwimmigrationlaw.com or call us today at 415-413-8760.
