Child and Parent Legal Representation Resources in Divorce and Undocumented Children (Harris County, TX)*

This is going to look out of left field for anyone that actually follows this blog, so the background is that I have been volunteering with Child Advocates since November. My case has been closed since July, but I’ve keeping up with the family who will be adopting their nephew. I also got a new case in August and the mother of the family in question is looking to divorce a father who has been deported. In the process of investigating, I tapped into the knowledge bases of my mother (a lifelong social worker — CIS, Star of Hope, Headstart, Harris County–ECI) and some of her co-workers. When I got all this information back in my inbox and dutifully taken notes, I thought I would be remiss if all this info stayed in my inbox and didn’t get out there to the universe.

The conversation started with me asking if anyone had the contact info for “Legal Aid” — which is a proper resource within Harris County for subsidized legal help. (Google is painfully unhelpful with this query). I’m not familiar with how it works, but one of my cases, the mother’s trying to get a divorce from her deported husband.
On an unrelated case I had a DFPS (CPS) case worker working on something with regard to a recently placed child’s immigration status and was curious what she might be poking around in. He had been placed with his aunt, a US resident, but he is undocumented.

So, I got the below responses [my commentary in brackets]*:

“Here is a link that explains the [Services to Children and Families Who Are Not U.S. Citizens]:
http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_6580.jsp

It looks as if the child may be allowed to stay with relatives and depending on circumstances an opportunity to become a citizen, but it seems they have to let the consulate know of the child in custody, first.

[Turns out that DFPS/CPS is handling the notification of the consulate through their attorneys; also because the child is in the Permanent Managing Conservatorship (PMC) of the State of Texas, he has no risk of deportation. --per DFPS)]

If the child was placed on a temporary basis in the Aunt’s custody, no changing of immigration status will occur. He will be in limbo till it’s determined the guardian of child is going to be his permanent guardian.

[DFPS confirmed that this is the case, and as mentioned above, his immigration will not change since the State of Texas retains PMC.]

If the  child was placed permanently in the Aunt’s custody, a court decree stating that she is now the legal guardian, is all she needs to begin the filing of change of status from undocumented (EWI) to a permanent resident for her nephew. CPS may not pay for the status change. [In this case, CPS/DFPS is appears to be handling all parts associated with this process -- updates to come once paperwork is approved and filed with the State].

Catholic Charities helps with these type of cases. For a low fee to do all necessary paperwork for family reunification. The family must first attend a Charla, which is held on Tuesdays, to meet with an attorney who will review the case and decide to pick up the case.  Catholic Charities is well respected with INS and are prompt in their work.

Types of Cases Handled by Cabrini (a service of Catholic Charities)

How to Become a Client – Immigration Charlas

En Español

In order to become a client of Cabrini Center, individuals must first attend a “charla,” an informational session regarding immigration law. After attending the session, each person will have the opportunity to speak individually with an attorney or accredited representative regarding his or her case. If it is a type of case that Cabrini Center may be able to handle, then the individual can make an appointment to come back for a full intake.

There is no cost to attend a charla and receive an individual legal consultation. Cabrini Center’s charlas are offered the first three Tuesdays of each month at 1:00 PM. The first and third Tuesdays are given in Spanish, and the second Tuesday is given in English. Charlas take place at Catholic Charities’ main office, located at 2900 Louisiana Street, Houston, TX 77006.

If you are attending the charla, we ask that you please:

Do not bring children. Having young children at the charla interferes with our ability to give the presentation and have a quiet room in which to provide legal advice.

We can only accommodate the first 100 people on a first come, first served basis. If you arrive after the sign-in sheet is full, you’ll be asked to return to another charla presentation. You will speak with a legal representative in order of your arrival.

Be prepared to spend two hours or more at the charla. Because we have a limited number of legal staff to accommodate a large crowd, please be ready to wait your turn to speak with an attorney or accredited representative.

Cabrini Center handles a wide range of immigration cases, which include:

• Family-based visa petitions, which assist United States Citizens and Lawful Permanent Residents to reunite with family members and assist immigrant family members adjust their status to permanent residence;
• Citizenship applications;
• Representation in affirmative and defensive asylum proceedings, for individuals who fear persecution in their home country;
• Adjustment of status for refugees and asylees;
• Representation to Cuban entrants eligible to obtain permanent residency under the Cuban Adjustment Act;
• Legal assistance to immigrant crime victims, including Violence Against Women Act Self-Petitions, T Visas for victims of human trafficking, and U visas for victims of serious crimes;
• Representation for unaccompanied minors detained by the Office of Refugee Resettlement; and
• Other immigration matters before the U.S. Citizenship and Immigration Service, Immigration Court, and Board of Immigration Appeals.

First Come First Served.

For the divorce case:

They call and make an appointment at one of the below organizations for pre-qualification and for presenting their qualifying documentation.There are strict income levels that apply. If there are no children in the marriage, she can divorce for about $500 dollars. Any lawyer in the Spanish-language newspapers can do it.  If  she is low-income, and has children, then legal aid would be the way to go.   They have a waitlist, the majority of them.  If there is a case of domestic abuse and documented, a police report: she may be eligible for Victim’s Assistance Fund to cover her living cost and probably the divorce cost.:

These are a few Legal Aid orgs. Here are the different types of help that can be provided by Texas free legal aid organizations:

• FULL REPRESENTATION – by a lawyer or a legal advocate in court or at a hearing at a government agency.
• LEGAL CLINIC – briefly speak with an attorney about your legal problem in person.
• BRIEF ADVICE – in person or over the telephone.
• SELF-HELP MATERIALS – educational materials such as fact sheets and brochures.
• PRO SE CLINICS – learn how you can “help yourself” with a particular legal problem.
• OTHER – workshops, referrals to private attorneys, and other services.

Organizations offering reduced-cost legal aid include:

• Houston Volunteer Lawyers Program (HVLP) Representation in family and general civil legal matters 713-228-0732
• Aid to Victims of Domestic Abuse Legal Services and Battering Intervention 1001 Texas Avenue, suite 600 Houston, 77002 (713) 224-9911
• Southeast Texas Legal Clinic 800-642-3994 or 713-523-7852 (Houston)
• Lone Star Legal Aid 1415 Fannin Street Houston, Texas 77002 (713) 652-0077 (800) 733-8394 Fax: (713) 652-3814
• Legal Advocacy and Outreach 405 Main Street, Suite 911, Houston, TX 77002 (713) 224-9911

These two may be able to help the child in case they try to deport.

Kids In Need of Defense (KIND)
Houston Office
c/o Houston Volunteer Lawyers Program, Inc.
712 Main St., Suite 2700
Houston, TX 77002
Phone: 713-228-0735, ext. 102
(KIND serves children under age 18 only)

Catholic Charities of the Archdiocese of Galveston-Houston
2900 Louisiana
Houston, TX 77006
713-526-4611

*Disclaimer: I am not a legal professional. This information was collected from the internet and through second-hand experience it should not take the place of actual legal counsel and is provided as help only. I’m just a volunteer guy trying to learn the ins and outs of “the system” and hopefully get that information to people that it can help. If you find that something is inaccurate, please feel free to email me at cvaldez80 at gmail dot com.