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How Do You Get Jv 356 Request For Special Immigrant Juvenile Findings Fillable Editable And Saveable California Judicial Council Forms and Sign It Instantly?

[Music].hi.welcome to zan associates it's an.exciting week it's ayla's 2020 virtual.conference.i'm gonna do a review for each session.well not every session but the sessions.that i'm attending.and we're gonna be sharing it with you.now if you're not familiar with ayla.it's.american immigration lawyer association.it's the largest immigration lawyer.association.in the united states probably in the.world each year thousands of attorneys.around the world will be gathering to.discuss the pressing immigration.issues of the day discussing strategies.and tips and ayla will be inviting the.top.immigration lawyers on these subject.matters to present their findings.now before we get started a quick.disclaimer the opinions expressed in.this video are solely mine.even though i am an ayla member my.opinions do not represent the opinions.of ayla organization.nor even the opinions of the speakers.themselves.you can download the original video and.presentation from ayla university so you.can fact check everything i'm saying.my goal is to present a short condensed.summary of the presentations that i.witnessed.and also express some kind of my opinion.if you like this kind of video please.subscribe.follow and you can also look to ela.university they provide.awesome content day one session five.this is the last one for me today.i hope you guys all have been enjoying.the videos this is sigis.special immigrant juvenile this is a.very special classification for.children who have been abandoned abused.or neglected.by their parents in their home country.they are here.they are under the court's supervision.and it is in the best interest of the.child.to get a green card in the u.s it's.extremely complicated and we have.great immigration attorneys talking.about this subject here are the speakers.the best immigration attorneys on this.subject with one particular shout out to.previous ayla president.anna luisa padilla who championed.children's rights.and it's a pleasure hearing her voice.again it's been a long time.she's on the cutting edge of this type.of case and it's so awesome to hear what.she has to say.so a little background on stitches it's.not too difficult to understand.it's just a process that's complicated.so if you are a child.that you have been neglected abused or.abandoned you can prove to family court.that you have suffered this neglect and.it is in your best interest as a child.to grow up in the u.s as opposed to go.back to your home country.then the family court will issue a.predicate order.and then once you get this predicate.order whether it's somebody else taking.care of you or the government taking.care of you.you take it and you file it along with.your i360 application.to uscis they will review it.then once uscis approves it the child.can file a 45.and get their green card the key.difference is instead of a company.petitioning a foreign worker.with an i-140 now it's the child.self-petitioning.instead of it's marrying to a u.s.citizen proving a bona fide marriage.with an i-130.now it's a child proving that the family.court has already approved the predicate.order.and therefore filing a 360. it's a.simple three-step process but.each step is extremely difficult and.takes a long long time.the first step is to get a predicate.order and all the speakers pretty much.agree that it's such a difficult and.complicated and long process.that you are better served just by.giving it to a experienced family law.attorney.now if you yourself are a experienced.family law attorney.and you know how to navigate the family.court system and the juvenile court.system.and get things to expedite and get.things to go before a judge and you work.with the court clerks.then it is extremely worthwhile for you.to do if not.it is a completely different field of.practice and if you try to do both and.you're not experienced.you might adversely affect a child.because you really need to get that.predicate order.before the child turns 18 before a child.turns 21.so that you can file the 360 lock in the.age so that they can get the green card.if you somehow malpractice and didn't.file the right forms and the case gets.delayed by three years or four years.and then now the child aged out you just.ruined this child's life.and the second thing to emphasize is.this is related to family law.so unlike immigration law family law is.a state.by state practice and actually county by.county also has different procedures.each court has their own procedures.so if you're not familiar with a.particular court if your client is in a.different jurisdiction and that you're.not used to that court or that state law.you can you cannot actually practice.there unless you have the state bar.license.so immigration law is a federal law it's.you can practice.anywhere but if you're not licensed and.if you're not familiar.it's actually extremely ill-advised to.practice this area of law.and it's better that you just outsource.it to another family law attorney for.example.here in california we actually file a.lot of stitches cases because you can.get the predicate order.before the child turns 18 so if the.child is 12.13 you file it you wait maybe two years.three years you get the predicate order.child's 15 16 17 you can file the 360 it.may take a couple years.but the child will still be able to get.the green card before they graduate.college right so that's a.very very important time stamp that most.people should know if you're in one of.those jurisdictions that you have to.file.after you turn 18 then you might not get.it your predicate order until the child.is already 22.and then you start the 360 then you kind.of aged out and then it might be too.late.so that's something you really need to.pay attention to now how do you prove.that the child has been neglected.abandoned or abused the speakers share.story after story and in our own.experience as well.you don't need something super crazy one.of the craziest story that i heard from.the sharing is.um the parent forgot to take a kid to.get their tooth check to go to the.dentist.and there was cavities and then suddenly.that's considered neglect and therefore.the.kid can get a green card in the u.s that.seems pretty intense and that's an.awesome story but that just shows kind.of the far end of it in my opinion that.is like.super small neglect i mean if that.qualifies if you leave the car in the.parking lot with the windows up for an.hour does that count as neglect you know.there's a police report that's filed in.shanghai and suddenly the kid is like.hyperventilating does that count you.know.so i mean i i wouldn't file a case and.go through the entire process with that.claim alone if that's a supporting.argument right maybe.you didn't get your cavities checked.maybe you didn't enroll in school.maybe you've been locked up in a.basement for a year and you haven't done.anything productive in your life and.you're malnutritious.okay that's a pretty strong claim that.there was neglect and abuse.but essentially building this case is.key and the reason why it's actually.different and much more difficult.compared to other type of cases.is because your client is the child.maybe this kid is only 12 years old 10.years old some are even younger.how do you pull facts from the child.and ask them questions and get them to.trust you and get them to think.creatively and get them to write their.testimony.it's extremely difficult when you're.working with adults they are.well organized they can prepare.documents they can search their email.maybe this kid has nothing how do you.even document his abuse when he was.locked up in a basement.if you guys know please leave a comment.below right so.there's a testimony of the child that's.main and primary.but what else is there maybe they're.relatives maybe right after his abuse.he told somebody that told somebody and.yes it's double hearsay but at least.it's something right.and maybe the lack of evidence is a sort.of evidence right he didn't attend.school for three years.he cannot even speak or write or even be.able to do math.and he's already seventh grade in asia.and that shows.huge neglect what you're asian you're.seventh grade and you can't do calculus.there's something wrong with you right.that's the kind of evidence we're.talking about right the lack of.ability or lack of evidence can be used.as a affirmative.argumentation so you really have to be.creative in getting these sort of.documentation.to prove to the family court hey this.child has suffered neglect and abused.overseas.america is a better country this child.will really be able to grow.and develop here and he will be able to.make america great please.grant us uncle grandparents the.adoptive rights to take care of this.child and the child will file with uscis.to get a green card so different.speakers share about their experience.going through this process.and even though the family court itself.the procedures is long and arduous.and there's a lack of resource to.finally get the child before a court.judge to be able to get this predicate.order.um it is not undoable and most of the.time the judge is actually very very.understanding because they see these.cases.all the time and they see worst cases.and so yes.granting an order to somebody to take.care of the child.is something just just go ahead and do.it right just just do it.i mean what's the option kick the kid.out of the country and send them back to.suffering.most judges when presented with good.documents won't do that now that's level.one.level two once you get that family core.order you have to file the i360.with uscis now this process is extremely.long.and there's no processing time it's.really up to discretion of uscis and.their resources and so this process can.take.two years three years or even longer the.good news is that we are seeing.a lot of successful approvals with this.type of case the cases are mounting.higher and higher.one key reason is because it's not up to.uscis.to adjudicate whether or not the child.has really suffered abuse the state law.the state judge.already determined that and now the.uscis just review everything else and if.everything else is in order.they should just approve it now that is.not the experience of uscis.officers they always have the discretion.and they maintain the last authority on.immigration status.and so they will always issue an rfe if.they think it's a weak case and if you.get a request for evidence or a notice.of intent to deny by a uscis officer.because they don't think the child has.enough.abuse enough neglect and enough.abandonment.to qualify for a green card you need to.remind the officer that hey.a family court judge already reviewed.this this person has been trained.this person to see all these sorts of.cases day in day out.this is what they're good at and they.know the psychology and the impact that.has done on the kid.and by the way not only did he approve.it here's all these additional evidence.that we are providing you and really.convince the officer.so typically these cases do get approved.it's just long and there's a lot of.documentation.and step three once the 360 gets.approved then it's just straightforward.45 application.now of course and when the child has a.filing for 45.you do want them to meet all the other.requirements right and so.a lot of times these kids come into the.country with fraudulent documentation or.with a false belief that they are u.s.citizen.think about it they're in elementary.school they're in junior high they are.they are seeing all their classmates.they're all u.s citizen they're swearing.the oath of allegiance to the flag.every single day they think they're u.s.citizens so they might have told the few.people that they're u.s citizen.typically when you have falsely claimed.you're a u.s citizen.that's a complete bar to getting any.type of immigrant paperwork.in the case of children especially.citrus cases this type of case.that can be weighed so during the 45.application you really need to document.all of that because.this is the time to do it if you don't.do it now and later on you get a green.card and then later on they'll revoke.your green card then you're in trouble.so those are all the pro tips from our.amazing speakers.now on top of these tips to how to deal.with these applications.they constantly remind the practitioner.hey look.your client is a child you don't want.them to relive.that horrific experience of their abuse.some excuses not just one time.some abuse might last over years and.years and we're talking about.their own parents abusing them.neglecting them think about what it's.doing to their psyche.think about what that's going to do to.their self-confidence and to their.upbringing and to their.self-image so you really want to be.patient with them you really want to.care for them and if you're treating.this like a case.it's not like an ordinary case you.really have to.be by the child's side and you really.need to take some classes.those are really good advice and i know.as attorneys that's not our training.we're not trained to.comfort and take care and nurture.children we are trained to.take facts and make it as good of a.story as possible.to zealously advocate for our client but.in this instance.zealously advocating for a client in one.way might actually cause detrimental.harm.to their growth and really need to take.a step back and.also when you do take care of the kid.when you do.really understand them you might.actually build a better case so you just.need to be patient.a lot of the attorneys have been saying.you know you sometimes need to take two.hours or three hours.take them outside of the office take.them to some somewhere where they're.comfortable.maybe meet with them at their home in.order to elicit this powerful.explanation and you might want to talk.to more than them you might want to talk.to.a whole bunch of people and you have to.take ownership.of this you cannot just throw this whole.thing to the client.to the child and say hey 12 year old i.know you're not even in.high school yet but here give me these.50 documentation or here write this.convincing brief for me and feed me the.information i need you know you might.need to help them.as if you are their parent because maybe.when they're here.their aunts and uncles and grandparents.maybe they can't help right and because.if they can help maybe they would have.already done so.and so basically here's my two cents.basically this is what they're saying.you as the attorney you're the.mandalorian and your client the child.is baby yoda protect baby yoda and baby.yoda will protect you.and that's a wrap for day one five.videos it was fun.uh i think i still have pretty good.energy tomorrow we have a lot more.episodes and a little shameless plug.i'm speaking at a networking event.talking about how to get a job if you're.a law student if you guys want to.improve your resume feel free to attend.if you've never been to ayla's national.conference before.after each session typically all the.attorneys will get together.and ask the speaker questions they will.ask each other questions they'll discuss.the issue at hand.it's a super fun time networking event.before the next session starts.now since we're not at the conference.but i'm pretty much treating as if i'm.at the conference for the next four days.if you have any ideas or suggestions.please leave a comment below.or email us or call us just let us know.your thoughts and we'll be happy to.engage with you.again a huge shout out to ayla.university for putting together this.conference.on such a short notice especially given.the pandemic as well as all the speakers.that carved out their time and prepared.this presentation.to help educate the rest of the ila.community on these important topics.i know i personally gain a lot from it.and i go every single year now for the.viewers if you like this video or.interested in more videos like.this please subscribe leave a comment.let us know what other things that you.want to see.we'll be happy to create more videos.that are like this.have a great rest of the conference take.care bye.you.

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