Description
For those of you who missed our October 2024, conference on "Preventing and Overcoming Hurdles to Survivor-Based Relief," the session recordings are now available for purchase. The online training is composed of five separate sessions. You can buy all five sessions togheter and save $100 or buy individual sessions.
See below the agenda for additional information (Intermediate)
Session 1: Documenting the Case (2 hrs.)
For most survivor-based petitions, the applicant bears the burden of proving both that they meet the elements of the benefit and that the adjudicator should use their discretion to grant their case. In this session, we discuss effective strategies for case presentation, primarily before USCIS, including the strongest types of evidence for the legal elements and positive discretion. Panelists draw on their years of experience and broad perspectives to highlight areas that are commonly overlooked by practitioners or subjected to heightened scrutiny by adjudicators—and to offer suggestions to clear these early hurdles.
Speakers:
- Cynthia Lucas, Founding Partner, Lucas & Barba LLP
- Kelly Byrne, Staff Attorney, ASISTA
- Lia Ocasio, Staff Attorney, ASISTA
Session 2: Supporting the Survivor (and Your Relationship!) (2 hrs.)
The Traumatic experiences that make someone eligible for U, T, or VAWA relief can affect the survivor for years to come, in many different ways. In this session, we will review the neuroscience of trauma and its common effects on memory, judgment, and behavior. We will discuss how to support the survivor as they retell their experiences to build their case, and how to ensure any enduring symptoms of trauma do not become hurdles to working with you or winning their case.
Speakers:
- Payal Sinha, Managing Attorney, Tahirih, San Francisco
- Cristina Velez, Legal & Policy Director, ASISTA
Session 3: RFEs and NOIDS (1.5 hrs.)
In this session, we will discuss trends in requests for evidence and notices of intent to deny in survivor-based applications. Among other areas of focus will be cases for survivors with criminal histories and those who may not have told you about a ground of inadmissibility when you asked, as well as cases where you do not timely (or ever) receive a copy of the RFE or NOID. Panelists will cover effective ways to respond—and pitfalls to avoid—and invite the audience to share their own experiences.
Speakers:
- Annelise Araujo, Founder and Principal, Araujo & Fisher, LLC
- Rebecca Eissenova, Senior Staff Attorney, ASISTA
- Lia Ocasio, Staff Attorney, ASISTA
Session 4: Post-Decision Motions and Appeals (1.5 hrs.)
Despite our best efforts, cases are sometimes denied, and the survivor must decide whether to pursue any post-decision motions, appeals, or another course of action. In this session, panelists will use sample scenarios drawn from real cases to discuss choosing the best post-decision option for various bases of denial, and presenting a strong case for a different decision on review.
Speakers:
- Joy Ziegeweid, Director, Urban Justice Center, NY
- Rebecca Eissenova, Senior Staff Attorney, ASISTA
Session 5: Less-Used Strategies (1 hr.)
When the strategies from the rest of the sessions do not resolve a case in your favor, what other recourse may exist? Panelists will describe less common ways forward, including nunc-pro-tunc filings, pursuing survivor-based options in immigration court, federal court litigation, and strategically re-filing after post-conviction relief.
Speakers:
- Rebecca Eissenova, Senior Staff Attorney, ASISTA
- Lia Ocasio, Staff Attorney, ASISTA
- Cristina Velez, Legal & Policy Director, ASISTA
DISCLAIMER: Content is current as of date of recording. It is your responsibility to ensure content is up to date. Written materials accompany the webinar. Please note that you will not receive CLE credit for watching the recording.
