The best practices guide and supporting materials below are designed to help family court counsel identify when to work with an immigration attorney in a client’s case and navigate the complexities of incorporating immigration concerns into their representation.
Actions taken in family court, such as admissions to non-citizen status, findings that the respondent has violated an order of protection, or findings of
abuse and neglect, may lead directly to immigration consequences. Respondents in family court may also suffer immigration consequences through criminal proceedings that are concurrent to the family court case. By consulting with an immigration expert early in a case and using the materials below, counsel can provide accurate and valuable advice to their clients.
Appendix of Supporting Materials:
- Initial Intake Flowchart – provides questions to screen for immigration status and includes initial advice to give family court clients tailored to the client’s immigration risk
- Family Court Immigration Intake Worksheet – a long-form guide for gathering a family court client’s immigration history and screening for possible immigration relief
- Immigration Status Guide for Assigned Counsel – overview of common forms of immigration status with images of sample immigration documents (ID cards, USCIS notice, NTA, IJ removal order, expedited removal order)
- Advice handouts for clients in English and Spanish: