In-Country Processing for Children from Guatemala, Honduras and El Salvador

• Sponsored by Church World Service (CWS), Ethiopian Community Development Council (ECDC), HIAS, International Rescue Committee (IRC), Jesuit Conference USA, Kids in Need of Defense (KIND), Lutheran Immigration and Refugee Services (LIRS), U.S. Conference of Catholic Bishops Migration and Refugee Services (USCCB/MRS) and the U.S. Committee for Refugees and Immigrants (USCRI) Church World Service (CWS), Ethiopian Community Development Council (ECDC), HIAS, International Rescue Committee (IRC), Jesuit Conference USA, Kids in Need of Defense (KIND), Lutheran Immigration and Refugee Services (LIRS), U.S. Conference of Catholic Bishops Migration and Refugee Services (USCCB/MRS) and the U.S. Committee for Refugees and Immigrants (USCRI)

Agenda9:30 Introductions, context, overview of agenda

Naomi Steinberg, RCUSA and Greg Chen, AILA

9:45 Background: children & families fleeing violence in Central America, Q&AMary DeLorey, Jesuit Conference; Aryah Somers, KIND; and Leslie Velez, UNHCR

10:35 Background on the U.S. refugee resettlement program, Q&AStacie Blake, USCRI

11:05 Central American Minors Affidavit of Relationship program, Q&A Anastasia Brown, USCCB

12:10 Protection concerns & advocacy issues, Q&AAnna Greene, IRC; Joanne Kelsey, LIRS; Bill Frelick, HRW

1:00 Q&A and conversation on resources needed, next steps, lunch provided

1:30 Adjourn

THE CENTRAL AMERICAN MINORS (CAM) REFUGEE RESETTLEMENT AND PAROLE

PROGRAM

Importance of collaboration• The in-country processing program is not the sole solution to

the challenges faced by children, families and other individuals fleeing violence in Central America. But it can help some.

• We all want to see as many children as possible from Central America able to seek safety and reunite with family members.

• Information and collaboration between refugee resettlement offices, immigration legal services providers and immigrants rights groups will be essential in seeing more people helped by this program.

• As we seek to implement this program and DACA and DAPA applications, there will be families who may benefit from both of these programs.

How could ICP/CAM be integrated into your current work?

• Build the information into existing Know Your Rights presentations in detention and community-based settings

• Working with Unaccompanied Children– If you already represent unaccompanied children, and

the child’s parent is lawfully present, there may be siblings eligible for ICP/CAM

• Working with Central American communities– If you already do work in Central American

communities, help to disseminate materials that we have provided through this briefing

Central American Minor – Affidavit of Relationship

• The DS-7699, Central American Minor - Affidavit of Relationship (CAM AOR) was created for minors who are nationals from El Salvador, Guatemala and Honduras and have a parent with legal status in the U.S.

• The Administration sees this as “a safe, legal and orderly option to border crossing.”

• It is estimated to help approximately 250 children in FY15, under the Latin America/Caribbean regional allocation of 4,000 refugees for FY2015.

• Due to a late launch (Dec 1, 2014) and processing time frames, a small number of children are expected to be resettled in FY2015. Less than 25 applications have been received, so there is a real need for outreach, specifically to individuals with TPS.

– There is no fee to apply and no preparation fees permitted – beware of scams!

• The timeframe of this process from start to completion is still unknown.

How it works:1. A U.S. - based parent in a current lawfully present status makes an

appointment with a refugee resettlement office.

2. The resettlement office helps this “anchor parent” complete a CAM-AOR application (DS-7699) for their qualifying child who lives in Guatemala, El Salvador or Honduras.

3. The Refugee Support Center in Latin America, managed by International Organization for Migration (IOM) in Quito will contact the anchor parent through the resettlement office to complete DNA testing.

4. If the DNA test returns affirming the relationship, U.S. Citizenship and Immigration Services (under DHS) will schedule a refugee interview with the child and, if relevant, add-on derivative or parent in their home country.

5. When interviews, background checks and medical exams are approved, individuals are provided cultural orientation and a travel loan to go the US.

Anchor Parents

• They must be living in the United States with a legal status, which includes LPR, TPS, DACA recipient, deferred action recipient, parolee, deferred enforced departure recipient, or a withholding of removal grantee.

• They must be 18 years of age or older• They do not need to be natives of Honduras,

Guatemala or El Salvador• If an anchor parent is a recipient of parole or

deferred action, the original grant must have been for one year or more.

Qualifying Child (QCH) Eligibility• A QCH must have been born in a Honduras, El Salvador or

Guatemala. • Their relationship to the U.S. - based parent can include

biological child, step child (if the marriage took place before they turned 18), or adopted child (if the adoption took place before the age of 16 and they have lived with their adopted parent for at least two years.)

• There is no minimum age requirement, but they must be unmarried and under the age of 21 to qualify, and still be unmarried when they enter the U.S.

• Children must meet the minimum standards for a refugee and undergo a refugee interview.

• Children unable to undergo a refugee interview on their own must be accompanied by a parent or trusted adult.

Derivatives of qualifying child• Derivatives of the qualifying child may be included if they are

unmarried and under 21 years old. They would derive their refugee status from the Qualifying Child and do not have to independently establish a persecution claim.

• On a case-by-case basis, the Legal Parent of a Qualifying Child (Anchor Parent’s Legal Spouse) may also qualify if:– 1. Lives in the same household as the Child &– 2. Is part of the same economic unit as the Child &– 3. Maintains a documented marriage to the anchor parent

• A parent does not need to have been born in the Guatemala, El Salvador or Honduras, but need to be living there now

• A parent cannot derive his/her refugee status from a child, and therefore must independently establish that he/she qualifies as a refugee.

Requirements when filing the DS-7699

• Must be completed by a resettlement agency

• Current photos will need to be provided

• Documentation of parent’s lawful status

• Any other relevant documentation

• Resettlement agency will provide more details when an appointment is made

DNA Testing

•DNA relationship testing will occur between the parent in the United States and his/her biological children. Upon notification from a Refugee Support Center, the parent must complete DNA testing at an American Association of Blood Banks (AABB)-accredited DNA testing site: www.aabb.org•The parent has to pay for DNA tests up front. If the results are positive, they will be reimbursed. Upfront cost will be around $650.•If denied, you may want to submit a Request for Review (RFR) through the refugee resettlement office, along with DNA to prove blood family relationships

1. Parent in the US files CAM-AOR with assistance of local

Resettlement Agency (RA)

2. Minor in El Salvador, Guatemala,

or Honduras is interviewed by Resettlement

Support Center (RSC)

3. Parent in the US receives DNA

instructions, contacts AABB lab, submits DNA and pays for

testing

4. Minor’s DNA is collected abroad by the RSC and sent to

the AABB lab

5. DNA results are received and file is

reviewed (if all results are positive,

parent is reimbursed)

6. Minor is interviewed by US

Citizenship and Immigration

Service (USCIS) Officer abroad

A. IF APPROVED FOR REFUGEE STATUS:

i. Minor has medical exam and receives

Cultural Orientation

ii. Resettlement Agency conducts home study with Parent in the US

iv. With assistance from

International Organization for

Migration, Minor travels to

the US to join parent

B. IF DENIED REFUGEE STATUS, AND CONSIDERED FOR PAROLE STATUS:

i. Minor must pay for medical

examination

ii. Minor must book and pay

for travel to the US through a

USCIS approved process

i. Minor may submit a

Request for Review (RFR)

within 90 days

U.S. Refugee Admissions ProgramCentral American Minors Flowchart

22 Jan 2015

iii. Resettlement Agency provides

sponsorship assurance

iii. With assistance

through a USCIS approved

process, Minor travels to the US

to join parent

C. IF DENIED REFUGEE STATUS (REGARDLESS OF PAROLE CONSIDERATION):

If denied, the option of parole

• If an applicant is found by USCIS to be ineligible for refugee status, but

wishes to be considered for parole, the applicant will be subject to the

following additional requirements:

• 1) Form I-134, Affidavit of Support: In order for the applicant(s) to be

considered for parole, a sponsor will need to submit a Form I-134, Affidavit

of Support, with supporting documentation to USCIS on behalf of each

applicant to ensure that someone has committed to financially support the

applicant should he or she be paroled into the U.S. under this program.

• 2) Medical Clearance and Costs: All applicants for parole will be required

to obtain and pay for a medical clearance.

• 3) Travel Arrangements and Costs: An individual with authorized parole

must book his or her travel through an approved USCIS process and pay

for the flight to the United States.

Differences between refugee and parolee

REFUGEE• Receive travel loan• Receive resettlement

assistance• Authorized to work• Children attend school• Must adjust to permanent

residency after 1 year• Can include unmarried

children as derivatives• Once in the U.S. can petition

for unmarried children under 21 to join them

• Eligible to apply for citizenship after 5 years

PAROLEE• Must pay for own travel upfront• No resettlement assistance• Must apply for work authorization– Must request advance parole if

wish to travel outside the US– Can not apply for any family

members to join them in the U.S.• Children attend school• Temporary - must reapply or leave

U.S. prior to expiration• No permanent immigration status

or pathway to citizenship– Need financial “sponsor” (Form I-

134 Affidavit of Support)– Generally not eligible for most

public benefits (varies by state)– Will be in need of legal services

Some benefits are available to all regardless of immigration status:• Emergency Medicaid• Immunizations/treatment of communicable diseases• School breakfasts and lunches• WIC (food assistance program for “Women, Infants, and Children”)• Short-term noncash emergency disaster assistance• Other in-kind services necessary to protect life/safety (as long as no

income qualifications are required for eligibility), including: Child/adult protective services Federal programs that address weather emergencies & homelessness Shelters for domestic violence victims, runaway children, and the homeless Soup kitchens Community food banks Meals-On-Wheels Medical, public health, & mental health services necessary to public safety Violence and abuse prevention Disability/substance abuse services necessary to protect life/safety Programs that safeguard children, workers, and community residents.

Parolees - Benefits

Warning on Fraud

• Misrepresenting a relationship so that someone can gain access to the U.S. Refugee Admissions Program could make a parent inadmissible to the United States, ineligible for certain immigration benefits, and/or subject to removal. A copy of all documents filed, DNA results and the approval / denial will become a part of the qualifying parent’s permanent immigration file and may be reviewed if the qualifying parent applies for additional immigration benefits.

Discussion Questions

• What are you hearing from people about the in country processing program?

• Do you know of people who will qualify? • What are potential applicants most worried

about, or why might they not come forward?• What are the biggest obstacles to the program

that might keep eligible individuals from applying?

• What’s the best way to get the word out?• How can you bring information about this

program into your own work and your network’s work?

Other important questions

• Are there other immigration programs that the child, parent or other family members may qualify for?

• How do individuals who may qualify for expanded DACA and DAPA overlap with individuals who may utilize in-country processing to be reunited?

How can we work together on ICP/CAM outreach?

• Outreach to Existing Client Base – Can this information be built into existing Know Your Rights

presentations in detention and/or community-based settings?– Can this information be shared with existing or former

unaccompanied child clients and their families?• If you already represent unaccompanied children, and the child’s

parent is lawfully present, there may be siblings eligible for ICP/CAM

• Outreach to Central American Communities– If you work with Central American communities, what are

ways to effectively disseminate materials that we have provided through this briefing and information generally about this program?