Web Seminar on Immigration Training on Legal Assistance for Temporary Protected Status January 22, 2010 3:00 p.m. ESTSlide 2
www.sps.cuny.edu www.cuny.edu/citizenshipnow www.legal-aid.org www.thenyic.org www.nyc.gov/html/imm/html/home/home.shtmlSlide 3
How to Ask Questions During the Seminar Submit Questions Here Mac PC If you encounter specialized challenges please call, 1-800-263-6317 Press 1 for GotoWebinar then 2 for TechSupportSlide 4
Allan Wernick Director, CUNY Citizenship Now!Slide 5
Jay Hershenson Senior Vice Chancellor for University Relations and Secretary of the Board of Trustees, City University of New YorkSlide 7
Immigration Law Studies Certificate Program Basic Course Introduction to Immigration Law Advanced Courses Business Immigration Law Family-Based Immigration Law Proceedings in Immigration Court Naturalization and CitizenshipSlide 8
Help the Haitian Community by Volunteering Saturday, January 30 10 a.m.- 5 p.m. Medgar Evers College 1650 Bedford Ave Founders Auditorium (amongst Montgomery and Crown Streets) Brooklyn, NY 11225 Saturday, February 6 10 a.m.- 5 p.m. PS 181 1023 New York Avenue (amongst Snyder and Tilden Avenues) Brooklyn, NY 11226 Visit www.cuny.edu/citizenshipnow to join 8Slide 9
Today\'s Presenters Jojo Annobil Attorney in Charge, Immigration Law Unit, Legal Aid Julie Dinnerstein Co-Director, Immigration Intervention Project, Sanctuary for FamiliesSlide 10
Training on Legal Assistance for Temporary Protected Status What is TPS? a. Benefits/drawbacks b. Qualification c. Necessities Where to document. a. Expenses/Fee Waivers b. Post documenting Crimes and InadmissibilitySlide 11
Julie Dinnerstein Co-Director, Immigration Intervention Project, Sanctuary for FamiliesSlide 12
What is TPS? Julie Dinnerstein TPS remains for Temporary Protected Status. TPS is a status which permits noncitizens to live and work in the United States. TPS is a nonimmigrant status characterized by INA §244 and portrayed by 8 CFR §244.1 - .20. TPS is, occasionally, offered to nationals (and stateless inhabitants) of assigned nations for particular timeframes by DHS where there has been a characteristic debacle or disastrous common turmoil.Slide 13
Haitian TPS Julie Dinnerstein Per the Federal Register, Nationals of Haiti (and outsiders having no nationality who last constantly dwelled in Haiti) who have been "persistently physically present" in the United States since January 21, 2010 and have "ceaselessly lived" in the United States since January 12, 2010, may apply for TPS inside the enrollment time frame that starts on January 21, 2010 and closes on July 20, 2010. This assignment of Haiti for TPS is successful on January 21, 2010, and will stay essentially through July 22, 2011. The 180-day enlistment period for qualified people to present their TPS applications starts January 21, 2010, and will stay in actuality until July 20, 2010. Assignment of Haiti for Temporary Protected Stats, 75 Fed. Reg. 3476-3479 (Jan. 21, 2010)Slide 14
What is TPS not? Julie Dinnerstein TPS is not a travel archive. TPS is not legal changeless inhabitant (LPR, otherwise known as "green card") status. TPS does not prompt LPR status or U.S. citizenship.Slide 15
Benefits of applying for TPS Julie Dinnerstein Under 8 CFR §244.5(b), a TPS candidate who has built up at first sight qualification for TPS "might be managed transitory treatment benefits" which include: brief stay of expelling (8 CFR §244.10(e)(1)(i)); and impermanent livelihood approval (8 CFR §244.10(e)(1)(ii)) Under N.Y. Soc. Serv. Law § 122(c), as adjusted by Aliessa v. Novello, 96 N.Y.2d 418 (2001), a New York occupant TPS candidate is qualified for New York financed Medical Assistance (referred to prevalently as "Medicaid," despite the fact that not governmentally subsidized). TPS candidates keep up these advantages once conceded TPS.Slide 16
Downside to applying for TPS Julie Dinnerstein Applicants will be fingerprinted by USCIS. Candidates with criminal records that may make them ineligible for TPS and different advantages signal their criminal histories. Candidates whose applications are denied might be set in evacuation procedures (8 CFR §244.18) which can prompt confinement and extradition. Candidates who intentionally give fake data on applications might be liable to criminal obligation.Slide 17
Who is qualified to apply for TPS? Julie Dinnerstein Haitian nationals (and stateless people who last chronically lived in Haiti) who: have been ceaselessly living in the United States since January 12, 2010; and are not ineligible in light of a solitary lawful offense or two wrongdoing feelings; or in view of other criminal and security grounds of unacceptabilitySlide 18
Poll Question Julie Dinnerstein Jose was brought up in the Dominican Republic however when he was 15 he moved to Haiti, however he never turned into a Haitian resident. He lived in Haiti until 2007, when he went to the U.S. at age 35. Could Jose apply for TPS?Slide 19
Help the Haitian Community by Volunteering Saturday, January 30 10 a.m.- 5 p.m. Medgar Evers College 1650 Bedford Ave Founders Auditorium (amongst Montgomery and Crown Streets) Brooklyn, NY 11225 Saturday, February 6 10 a.m.- 5 p.m. PS 181 1023 New York Avenue (amongst Snyder and Tilden Avenues) Brooklyn, NY 11226 Visit www.cuny.edu/citizenshipnow to join 19Slide 20
What is required to petition for TPS? Julie Dinnerstein All TPS candidates must record: Form I-821 Form I-765 (answer C19 to Question #16) and include: Evidence setting up Haitian nationality (or statelessness with Haiti as the nation of last ongoing habitation); Evidence building up constant physical nearness since January 12, 2010 $50 expense or demand for charge waiver Additional necessities, contingent upon time of candidatesSlide 21
What else is required to petition for TPS? Candidates 13 and more youthful Julie Dinnerstein No additional expenses (other than the $50 charge or expense waiver demand) required. 2 travel permit style pictures if an Employment Authorization Document (EAD) is asked. (Continuously ask for an EAD – it is a noteworthy ID, notwithstanding for infants and youthful youngsters.) EAD is free.Slide 22
What else is required to petition for TPS? Candidates 14 - 65 Julie Dinnerstein notwithstanding the fundamental $50 expense or charge waiver demand, different charges are required $80 biometric charge (or expense waiver demand) If an EAD is asked for (and dependably ask for an EAD), 2 visa style photographs; $340 EAD application expense (or charge waiver demand).Slide 23
What else is required to petition for TPS? Candidates 66 and more seasoned Julie Dinnerstein notwithstanding the essential $50 charge or expense demand, different charges are required $80 biometric expense (or charge waiver demand) If an EAD is asked for (and dependably ask for an EAD), 2 international ID style photographs. EAD is free.Slide 24
Establishing Haitian nationality Julie Dinnerstein Primary proof under 8 CFR §244.9(a)(1) • Passport (regardless of whether expired); • Birth authentication (with guaranteed translation) joined by photo recognizable proof; • Any national personality archive from Haiti bearing photograph and/or fingerprints.Slide 25
Establishing Haitian Nationality (Cont.) Julie Dinnerstein • General evidentiary standard: "If a required report, for example, a birth or marriage endorsement, does not exist or can\'t be acquired, a candidate or solicitor must show this and submit optional confirmation, for example, church or school records, related to the truths at issue. On the off chance that auxiliary proof additionally does not exist or can\'t be acquired, the candidate or solicitor must exhibit the inaccessibility of both the required archive and important optional confirmation, and submit two or more affirmations, pledged to or insisted by people who are not gatherings to the appeal who have direct individual learning of the occasion and conditions." 8 CFR § 103.2(b)(2)(i) Regulations on auxiliary proof • TPS standard: "If any required report is distracted, an oath or other believable proof might be submitted." 8 CFR § 244.9(a)Slide 26
Establishing Haitian Nationality (Cont.) Julie Dinnerstein Some conceptualizing recommendations Birth authentications of youngsters conceived in New York list the nation of birth of both guardians; A man may FOIA his/her FBI records, which records may contain data on nation of birth (and, as an or more, may give adequate data to an eventual Haitian TPS candidate to such an extent that he or she understands that her criminal history will block the award of TPS and consequently the individual ought not petition for TPS). Government records from Haiti (marriage, divorce, charge records, and so forth)Slide 27
Julie Dinnerstein Poll Question Which of the accompanying would you use to build up your Haitian nationality? An announcement from:Slide 28
Help the Haitian Community by Volunteering Saturday, January 30 10 a.m.- 5 p.m. Medgar Evers College 1650 Bedford Ave Founders Auditorium (amongst Montgomery and Crown Streets) Brooklyn, NY 11225 Saturday, February 6 10 a.m.- 5 p.m. PS 181 1023 New York Avenue (amongst Snyder and Tilden Avenues) Brooklyn, NY 11226 Visit www.cuny.edu/citizenshipnow to join 28Slide 29
Establishing Haitian Nationality (Cont.) Julie Dinnerstein New York City 271 Madison Avenue, 5 th Floor New York, NY 10016 (between 39 th and 40 th ) Telephone : 212.697.9767 E-mail: email@example.com Work with the Haitian Consulate in NYC and Embassy in DC Washington DC 2311 Massachusetts. Ave., N.W. Washington, DC 20008 Telephone: 202-332-4090 Email: firstname.lastname@example.orgSlide 30
Practice Tip Julie Dinnerstein After presenting a TPS application, a Haitian without a present, substantial international ID may wish to acquire one to encourage ensuing fingerprinting arrangements and different cooperations with government authorities requiring personal ID.
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