CBA Record February-March 2019

YLS Special Issue– Diversity of Opportunity

and can be served by publication or, if their whereabouts are known, they may consent to service. However, many cases are more com- plex. Children may know the address of the parent that abandoned, abused, or neglected them and that parent may not be willing to consent to service or admit to their prior actions. This may necessitate service on a party that resides out of state or, more realistically, out of the country. Depending on the home country of the child, this may involve service of process through The Hague Convention or the Inter-American Convention on Letters Rogatory &Additional Protocol (IACAP). Each of these processes can be lengthy and expensive, so complications of service and time constraints related to the age of the child must be considered before filing. These cases are often initiated when a child is 16 or 17, so service issues alone may disqualify a child from this relief if the

predicate orders are also supported by 750 ILCS 5/600(a) and 750 ILCS 60/103(a), and a definition of “abandonment” for this purpose is found within the UniformChild Custody Jurisdiction and Enforcement Act (UCCJEA) at 750 ILCS 36/102(1). As such, it is essential that practitioners carefully interview clients and discuss vari- ous options with the child’s immigration attorney in order to select the most appro- priate route. Practitioners must provide clients with realistic expectations, as there is no guarantee that the predicate order will be granted or that the desired immigration outcome will be successful. Complications and Risks These cases may also give rise to complica- tions with jurisdiction or service of process. In the best of circumstances, service can be efficiently effectuated by publication or consent and waiver. The parent who abandoned the child may not be located

SOLUTIONS The National Immigrant Justice Center (NIJC) screens children for eligibility for SIJS, along with other immigration remedies, and works with experienced family lawattorneys to obtain SIJS predicate orders in state courts. NIJC also provides regular training and technical support for family law attorneys and attorneys from other areas of lawwho arewilling to bring these cases in state court to benefit immigrantminors. For more information about NIJC, visit https:// For details about the SIJS and the predicate order process, contact the authors at hrichardson@heartlandalliance. org and

YLS Estate Planning Pro Bono Programs–Volunteers Needed

The Public Outreach Committee of the YLS coordinates estate planning pro bono programs for lawyers, law students, and non-lawyer volunteers to serve the community. Estate planning experience is not required, but welcomed. Training is available. Upcoming opportunities include: Wills for Heroes Monthly workshops at which volunteers create free wills, living wills, and other estate planning documents for local emergency first responders and their spouses or partners. Save-the-date for upcoming workshops on March 23, May 4, and June 1. Serving Our Seniors Advanced directive workshops in conjunction with the Center for Disability and Elder Law to assist low-income seniors in completing Powers of Attorney for Healthcare and Property and LivingWills. Save-the-date for upcoming workshop on April 20.. Visit and search under "YLS Volunteer Programs" for more information and to RSVP for upcoming workshops.


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