Charlottesville Immigration
Law Center
Preparing for a Future Benefits Program
A guide for individuals and organizations
Contents:
Background
The Charlottesville Immigration Law Center [CILC] has initiated a project to encourage people who are in the US in non-valid immigration status to organize there documents in preparation for a possible benefits program. With estimates of the number of undocumented immigrants as high as 20 million people, the Congress of the United States and the American people have been actively debating the establishment of a benefits program for such persons. The Senate has already approved a bill that would provide immigration benefits and a path to citizenship for many. While the House of Representativeshas taken a position against such a program, some members have shown an interest in it. A major hold up in the program is the feeling by many Americans that it will only encourage another influx of people to the US unless procedures and safeguards are in place to prevent such an event.
One principle attorney with the CILC was in active practice during the amnesty program enacted by the Immigration Reform and Control Act of 1986. While this program was largely a success and allowed for the legalization of millions of immigrants, the program was in some ways chaotic and saw the filing of a huge number of fraudulent applications. In recent public statements by the Department of Homeland Security [DHS], which includes United States Citizenship and Immigration Services [USCIS], officials have stated that there will be a primary focus on dealing with the documentation necessary to establish eligibility and that document fraud procedures will be in place to minimize the filing of fraudulent applications in any future benefits program.
Dr. Emilio Gonzalez, Director of USCIS, spoke at the recent American Immigration Lawyers Association Conference in San Antonio, Texas and encouraged member of the private bar to reach out to their communities and to start preparing people for a benefits program. Based on the statements by Dr. Gonzalez and the experience the CILC has from the past benefit programs, the following outreach project is being initiated. In preparation for any future benefit program, the project focuses on two aspects: internal organization preparation and community outreach.
Preparation
Internal Organization Preparation
The first step in preparing is to identify, recruit, and — where possible — train the necessary staff to assist with the application process for any future benefit program. The CILC is urging non-profit and local government organizations to identify people who will be able and willing to assist in the preparation of a massive amount of documents. These people can be from all sectors of society and with a variety of skills. There will be a need for people to assist in liasing with clients, organizing paperwork, and assisting clients with application submissions and responses.
One source of potential volunteers are the undocumented immigrants who will benefit from the program, since these would most likely be non-paying positions. Members of the affected communities would be highly useful in identifying the specific needs of their community. There will likely be an urgent need for people who can act as translators. USCIS is relying more and more on the Internet for online filing of applications, collection of fees, and communication with applicants. This undoubtedly will be used to a maximum amount in any future benefits programs and non-profit and local government agencies should seek the assistance of people with computer and Internet skills.
NB: Persons — especially volunteers — and organizations assisting with applications who do not have attorneys with immigration experience on staff must be trained to recognize when a client presents issues that should be referred to an attorney specializing in immigration and naturalization. For example, an applicant with a long criminal history or complex prior dealings with the immigration service will need special attention to determine eligibility and bars.
Community Outreach
Based on the comments of Dr. Gonzalez and the experience of the professional staff at the CILC, any future benefits program will involve detailed documentation requirements. Applicants will almost certainly be required to submit documentary proof covering four areas: identity, presence, criminal history, and prior immigration records. Even where a benefits program doesn't require this evidence, it would be highly useful for undocumented persons to collect it for other use under future immigration programs or outside programs for government services. People who are expected to be eligible for a proposed benefits program should begin now to assemble this documentary evidence. The documents fall into the following classifications:
First are documents which provide proof of identity. These include passports, national ID cards, US drivers licenses (where validly issued), and birth certificates. Foreign birth certificates should be official government records, if possible, and must be translated into English. The applicant may also need to submit documentation regarding a false name or alias that the applicant has used in the United States.
Second are documents that establish physical presence in the US for the requisite time period. The benefits proposal approved by the Senate, for example, requires that the applicant be in the US for at least five years. The applicant should try to produce documents from each year of presence. This is the area of document preparation that is the most difficult because a number of applicants, especially those who entered without inspection and have lived in the US out of status the entire time, will have almost no valid documentation. Consequently, this is the area that created the fraud problem in the past that DHS is so concerned with today. All documents submitted should match the applicant's identity. Tax or work records that are issued to the applicant under a fake name or alias may still be useful, but will require additional documentation. The best documents are those the can be verified by historical or official records. Government and
commercial documents carry more weight in this category than affidavits from friends, relatives, or ministers. A wide variety of documents can satisfy this requirement and this is where the volunteer assisting the applicant can be creative and most useful. The following is a partial list of acceptable documents.
- Government tax records. Copies of income tax returns for the required period including the W-2s. W-2s and work stubs are especially good as they can show the applicant was present for a large part of the year.
- Copies of medical records from hospitals or doctors supported by a letter from the medical facility attesting to the validity of the document. Unpaid or outstanding bills are suitable as well. An overdue bill is still good evidence that the applicant was present for the appointment or procedure.
- Children's birth certificates, if they were born in the US.Commercial, automobile, or residential leases and receipts for major purchases.
- Electricity, water, gas, telephone, cell phone, or other utility bills.
- Educational records from public or private elementary or secondary schools or schools of higher education supported by a letter from the school attesting to the validitity of the document for individuals who were minors during part of their presence.
- School correspondence, PTO/PTA membership, and other evidence from the school of participation for parents of school age children.
- Monthly bank statements.
- Credit card statements.
- Evidence of credit arrangements for the payment of past-due bills such as bills for medical services.
- Record of driving license.
- Pictures taken in the US where the back of the picture is date stamped if it clearly shows that it was taken in the US.
- Arrest records can also be used.
- Marriage or divorce records.
- Envelopes addressed to the applicant in the US that have dated cancellations. These will have limited value if not supported by other documentation due to the ease of fraud.
- Letters from prior employers, but these will have limited value if not supported by other documentation.
- Letters from churches showing membership. These also have limited value if not supported by other documentation.
Third are documents describing any prior arrests in the US. These are important documents because all applicants will have
to have their fingerprints taken and all such arrests will be identified by the DHS. This includes all criminal arrests even if the person was found not guilty or if the matter was dropped by the prosecuting attorney. The DHS will insist that the applicant have a certified copy of the disposition of the matter issued by the court that heard the case. This can be a very difficult document to get and may require the assistance of a volunteer, especially when the arrest occurred in California or other states physically distant from Virginia. In most cases, the applicant will have to contact the court having jurisdiction over the matter and request a certified copy of the disposition. Often times, an applicant may not understand if he or she had been arrested or the outcome of the arrest. This is especially so in cases where the applicant was intoxicated at the time or was released with an order to appear in court at a later date. Laws and procedures vary from state to state, so the applicant should be asked about any interactions with the police and all such incidents should be investigated. If the applicant is unable to describe or recall the incidents, the applicant's rap sheet can be requested from the FBI through the FOIA process. In some cases, the applicant may have an outstanding bench warrant against them for not appearing in court for minor criminal problems. Efforts have to be made to clear this warrant.
Fourth are prior immigration records. If the applicant has ever been arrested by the INS or by ICE/DHS for immigration matters, it is useful to have such documentation available. This may involve filing FOIA requests with DHS. Many of the applicants will have complicated immigration histories that they may not fully understand or even know about. Previous applications for or grants of immigration benefits, like TPS or asylum, should be documented. It is also important that applicants have available copies of any immigration benefits that were ever filed for on their behalf by family members or by employers. Finally an attempt should be made to identify any previous deportation or removal. If the applicant has an alien number (“A number”), call the EOIR case information number (800-898-7180) and enter the A number to see if the applicant has been involved in immigration court proceedings.
Once a possible applicant has obtained sufficient documentation, the applicant should be given careful instructions on the importance of preserving these documents. It is the recommendation of the CILC that each applicant keep his or her original documents. If the voluntary organization wishes to assist in preserving these documents, they can maintain a copy in a file.
Final Thoughts
Non-profit agencies, local government organizations, and private attorneys who are unfamiliar with immigration law are encouraged to contact the CILC for guidance or assistance with special problems. They are also encouraged to inform the CILC of success they have had in working with the community. Immigration benefit programs are exciting times for not only the immigrant community but for the community as a whole. Emotions run very strong. As a counterpart to the tension and frustration that the process can bring, applicants will show strong emotions when they get their benefits. They may cry or just go around hugging everyone involved. The celebration that follows often involves family, friends, employers, and those who assisted with the application process. Those who are fortunate enough to be part of the event will not only always remember it but will always be remembered by the people they helped.
As a personal note, one day about four years ago at a supermarket the young man behind the counter looked at me and said “Are you Mr. Braverman?” I told him I was and he came out to shake my hand and to thank me for helping him get his green card. I apologized that I could not remember him and he said, “You took me and my family into the Immigration and you got the cards for us.” I still could not remember him so I asked how long ago it was. He thought for a minute and said, “I was eight years old when I got the card.”
- Stanton Braverman