Practicing in immigration law is different from practicing in many other areas of law because there are rarely trials or other court room proceedings, so there is almost never any need for juries, depositions, expert witnesses, motions, etc. The main way lawyers help victims of trafficking or other crimes is to file applications to help them obtain visas. First, look at forms and instructions, then read practice guides from professional organizations like AILA or from on-line sources like Westlaw, and then search for relevant information in administrative materials.
While there are no "expert witnesses" or "exhibits" as such in visa applications, you do need evidence to support all elements required for the particular application you will file.
One of the most common types of evidence is the "Personal Declaration" where the applicant describes the history of the trafficking or crimes he or she experienced. The Personal Declaration is your chance to tell the client's story, so any resources useful for persuasive writing will be helpful when you draft your client's Personal Declaration. I recommend any basic texts on legal writing, especially the ones you already have from RWA!
Another source of evidence for most T-visas, and required for all U-visas, is the Supplement B Certification.
Law Enforcement officials file the Supplement B Certification, available on the USCIS website, when an individual has evidence material to an investigation of human trafficking or other qualifying crimes. The practitioner does not actually file this form because it is filed by the law enforcement official, but it is useful to read the Supplement B Certification Form and its instructions on the USCIS website because this gives background information on what information or evidence law enforcement agents will need to be able to file the form.
To request Supplement B Certification:
Employment-based visas require Foreign Labor Certification Forms from the Department of Labor saying that allowing the applicant to come work in the U.S. will not deprive any American citizens of jobs because there are not currently enough American citizens to fill the demand for a particular job.
Detailed discussion of the Foreign Labor Certification process is beyond the scope of this guide, however the necessary forms and instructions are available on the U.S. Department of Labor website.
If USCIS has information that would be helpful, it is often possible to request that information under the Freedom of Information Act (FOIA) using form G-639 available on the USCIS website.
Some government forms, such as requests for fee waivers, refer to poverty guidelines. USCIS provides a poverty guidelines form on its website.
Don't forget to request the fee waiver! Some applications, such as the T-visa application, are free. However, other applications, such as adjustment of status, require a fee and those fees may be several hundred dollars! Many victims of trafficking or other crimes will be eligible for fee waivers. Fee waivers must be filed at the same time the application is filed by including Form I-912 available on the USCIS website.
Don't forget derivatives! Sometimes a client's family members can also come to the U.S. as derivatives of their application, but each family member eligible to come must file a derivative application according to the instructions for that visa!
The first step is to read the forms and instructions available for free on the USCIS website very carefully. A lot of the time simply reading the forms and instructions carefully is all that is necessary! When you know which type of visa you should apply for, select the appropriate form.
The American Immigration Lawyers Association (aila) has many resources for practitioners including practice management, practice guides, mentors, CLE, updates on important laws and topics in immigration, updates on law, and much more! However, most of these resources are only available to members.
Various treatises and practice guides are available on Immigration law. Westlaw has "Immigration Procedures Handbook" and "Labor Certification Handbook," discussing immigration practice.
Other resources for practitioners include: Am. Jur., Am. Jur. Proof of Facts, Causes of Action, and Corp. Jur. all available on Westlaw.
Next, it might be helpful to consult administrative law materials such as Administrative Law Judge's Benchbooks and Agency Operations Manuals, discussed in greater detail in the sub-tab "administrative materials." Since immigration cases are mostly decided by government officials or administrative law judges, these sorts of administrative materials are particularly important.
