	Immigrant and Refugee Resettlement: Resettlement Practice with Separated and Unaccompanied Children; Transition Services; Immigration, Citizenship and Naturalization Legal Assistance Services

Introduction

Administration and Management

Service Delivery Administration Standards

Service Standards

PA-IRR 10: Immigration, Citizenship, and Naturalization Legal Assistance

Individuals requesting immigration, citizenship, and naturalization assistance receive accurate information and comprehensive guidance, including how to obtain representation before appropriate federal governmental agencies.

Interpretation: Appropriate governmental agencies include Citizenship and Immigration Services, Immigration and Customs Enforcement, Department of Labor, The Executive Office for Immigration Review.

NA The agency does not provide Immigration, Citizenship and Naturalization Legal Assistance Services.

PA-IRR 10.01

Service recipients are advised about:

possibilities for case resolution;
required procedures and documentation;
probable time involved;
costs, if any; and
risks of disclosure of information, if any.

PA-IRR 10.02

Services include assistance with:

determination of necessary legal and financial resources available to pursue residency or citizenship;
preparation and filing of immigration petitions for individuals or family members;
representation of families before appropriate federal government agencies;
preparation of applications for permanent residency, preparation for citizenship, or arrangements to receive these services elsewhere;
referrals, in cases too complex to serve; and
follow-up, as needed.

Interpretation: Communications with private and governmental bodies will not jeopardize the interests of service recipients, provided the agency does not violate applicable law. The agency will ensure that a complete copy of any application sent to the government, all government correspondence, and thorough relevant dated and signed case notes are retained in the client’s case file.

PA-IRR 10.03

The agency provides or arranges educational programs on immigration and citizenship matters accessible and convenient for individuals receiving services and the community.

Interpretation: The agency serves as a source of information about immigration laws and practices considered to be in the best interests of its service population.

PA-IRR 10.04

The agency:

collaborates with governmental organizations and other service providers to improve service access and resolve issues confronting service recipients; and
serves as a community resource on immigration and citizenship issues.

PA-IRR 10.05

The agency is recognized by, and employs or has volunteers accredited by, the Board of Immigration Appeals, U.S. Department of Justice.

Interpretation: Standards 10, 10.02, and 10.05 are consistent with the Code of Federal Regulations (CFR) 8 CFR §1292.2(a) that specifies qualifications of organizations to be recognized. The standard is: “A non-profit religious, charitable, social service or similar organization established in the United States and recognized as such by the Board may designate a representative or representatives to practice before the Board. Such organization must establish to the satisfaction of the Board that: (1) It makes only nominal charges and assesses no excessive membership dues for persons given assistance; and (2) It has at its disposal adequate knowledge, information and experience.” Section 1292.2(d) of 8 CFR states that accredited representatives must be “of good moral character.”

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	PURPOSE: Immigrants and refugees acquire the cross-cultural information, skills, and social support network needed to gain stability, make a positive personal and social adjustment, maintain family connections and well-being, and achieve educational, economic and civic participation goals.

RELATED FILES


	IMMIGRANT An individual not born in the United States, Puerto Rico, or an outlying US territory, who migrates from his/her country of nationality or any country in which they last habitually resided and chooses to seek a better economic, social or religious life abroad. Immigrants, and children of immigrants, can be citizens, Legal Permanent Residents "a step toward naturalization as a US citizen" or non-citizens, either legal or undocumented without legal status.


	REFUGEE Those who flee their home country because of persecution or a well-founded fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion and are unable or unwilling to return to, or avail themselves of, their home country.


	FAMILY Two or more people who consider themselves family and who assume obligations, functions, and responsibilities generally essential to healthy family life. Child care and child socialization, income support, long-term care, and other caregiving are among the functions of family life. The definition of "family" will rest with an individual's indication of who plays a family member role, including current or former foster family, adoptive family, extended family members, fictive kin, or significant others. Organizations that believe family is the central constellation in a child's life, and that family attachments are of primary importance for human development, will strive to work with professional staff to develop a common understanding of "family."


	SERVICE One or more organization-operated programs or activities that have a common general objective and deploy the organization's material and human resources in a planned and systematic manner. An organization that publicly promotes or identifies itself in writing as offering a service, is licensed to deliver a service, assigns personnel and/or space to a service, or allocates financial resources to a service is considered to offer that service.


	SERVICE RECIPIENT The individuals, groups, organizations, or communities that use, receive, or benefit from programs and services. Service recipients can include consumers, patients, family members, legal guardians, advocates, public/private organizations, employers, and purchasers. All are regarded as significant stakeholders served in a variety of agencies and practice settings.


	CASE A general term used to designate clients (including individuals, families, and groups) served by an organization for purposes of monitoring the provision of services. A foster care case is generally based on the placement of an individual child, although casework for the child may include services to the child's family. A child protective services case is based on an entire family household if a family assessment model is used; otherwise a case is defined as a child.


	PROGRAM A system of services offered by an organization. For example, an organization providing a mental health service may offer several mental health programs to different populations, e.g., a mental health program for adolescent teens. The word "program" can be used interchangeably with the word "service" or to describe specific programs.


	COMMUNITY A specific group of people living in the same locality and who may share a common culture, values, and norms. Communities can also be defined by race, religion, ethnicity, age, occupation, political status, tribal affiliation, interest in particular problems or outcomes, or other common bonds. The term "community" encompasses worksites, schools, tribes, residential neighborhoods, business districts, recreational areas, and health and human service sites.


	PRACTICE Established actions or ways of proceeding in the regular performance of organizational duties. Policies and procedures often guide practice.


	SERVICE POPULATION A group or target population that the organization's services are designed to serve in accord with its mission, and which includes the organization's service recipients. An organization's service population may be defined by geographic location, specific problems or needs, religion, ethnicity, culture, or other factors.


	CLIENT See service recipient.


	VOLUNTEER An individual who performs services for an organization for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered. Such service must be offered freely and without pressure or coercion, direct or implied, from an employer. If the individual is otherwise employed by the same employer for which s/he volunteers, the individual cannot volunteer to perform the same type of services that s/he is paid to perform as an employee.