Introduction to Immigration

							Introduction to
   Immigration



   Presented by Immigration Services
   at Catholic Social Services, Atlanta, GA
                            Agenda
 Overview
 Who is in charge of Immigration to the US?
 What is a Visa?
 What are the basic ways to immigrate to the US?
 Extraordinary Remedies
 What if I am arrested by USCIS/ICE/BCPB?
 What is relief from removal?
 What if I am in removal proceedings?
 Citizenship
                        Overview
Quickoverview of what
 American Immigration is about.
    Generally speaking, “Immigration is the
     admission of foreign-born individuals to
     reside permanently in the United States as
     Lawful Permanent Residents (LPR’s)
     through family-sponsored
     immigration, employment based
     immigration, refugee status, asylum
     grant, and diversity vissa.
     Some key definitions
   Alien vs. Immigrant: Legally speaking, an alien is a
    foreign-born individual who is not necessarily eligible to
    reside in the U.S., whereas an immigrant is also a
    foreign-born individual who has been admitted to reside
    permanently in the US as a green card holder.

   Petitioner: A U.S citizen (USC) or permanent resident
    relative who files a petition for an individual to be
    granted LPR status through a family or business
    relationship.

   Beneficiary: A person on whose behalf a relative or
    employer has filed a petition for the individual to
    eventually be granted LPR status.
     Who is in charge of
Immigration to the U.S. ?

     Department of Homeland Security (Which includes
     Citizenship and Immigration Services (USCIS)
     (Benefits),
    Immigration and Customs Enforcement (ICE)(interior
     enforcement and removal), and
     Bureau of Customs and Border Patrol (BCBP)(border
     enforcement) and the
    Department of State (DOS).
        Who can help you
      with an Immigration
                problem ?
 1. An attorney
 2. An accredited representative of a non-profit
  agency approved by the Justice Dept.

   In the USA, Notarios are not lawyers and
    have no standing to do legal work, go to court
    or give legal advice. They have no training in
    immigration law and proceedure. Remember-
    “ NO-tarios”
             What is a Visa?
   A visa is a permit to enter the US temporarily or
    permanently.
      Temporary stay: visitor, student, entertainer,
       diplomat, businessman, etc.
      Permanent stay: Visa that leads to LPR status.



   Some people enter the country without a visa and
    they are referred to as EWI (Entry Without Inspection)
    and some others enter the US with a visa, but remain
    in the country beyond the term of their visa
    (Overstay). For accumulating more than 6 months
    or more than one year of illegal time, one
    respectively triggers a 3 or 10 year bar from the
    US.
    NonImmigrant Visas
 A-Diplomat
 B- Visitor for pleasure or business
 C- Transit
 D- Crewman
 E- treaty investor
 F- Student
 G-Employee of international organization
 H- temporary workers
 I-Foreign media
 J-Exchange aliens
 K-Fiances of USC and their children, spouses
  of USC’s and their children
 L-Intracompany transferee
 M-Vocational
 N-Parents and children of some special
  immigrants
 O-Extraordinary merit and ability
 P- Artists,Athletes, performers
 Q-International  cultural exchange
 R- Religious workers

 S- witness or informants –”snitch”

 T-victims of trafficking

 U-crime victims

 V-special spouse and children of LPRs-

 applications filed pre 2000.
     What are the basic ways
     to immigrate to the US?

1.   A petition by a family member
2.   A petition by an Employer
3.   Diversity Lottery
4.   A successful Asylum claim
5.   NACARA and HRIFA
6.   Extraordinary Remedies
                      The Forms
 1. Form I-130 establishes the relationship of
  petitioner and beneficiary (ie
  married, parents, brother-sister) and the
  petitioner’s ability to file (LPR or USC)
 2. Adjustment of Status (form I-485) or
  consular processing considers whether the
  beneficiary is the kind of person that should
  be allowed to be a resident , any bars to
  residence, and the petitioner’s ability to
  support the beneficiary.
     A Petition by a family member
When petitioner is a USC (United State Citizen):

                                 Approved I-130 to NVC Consular appointment
                           EWI
Petitioner – Beneficiary
                           245i or visa
                                          One-Step application to adjust


When petitioner is a LPR:

                            Approved I-130
Petitioner – Beneficiary
                            EWI (Have to go back home)
                 A Petition by a family
                 member (continued)
   A USC citizen can file for:
    His parents, spouse and minor child (no preference). His
    children over 21 (1st preference), his married children (3rd
    preference), and his brothers and sisters (4th preference).
    Once the I-130 is filed for the spouse or child still abroad, the
    beneficiary can be granted a “K” visa at the consul and
    complete processing in the US.

   A LPR can file for:
    His spouse and his single children of any age (preference 2a
    and 2b). At present, once the spouse or minor child has been
    waiting over 3 years on a petiton filed pre-2000, they may
    obtain a “V” visa to enter, or if already here, to be legal to work.
Priority Dates for Family Based Immigrant
          Visas as of August 2003

         Others    India     Mexico    Philippines
Family

1st      01FEB00 01FEB00     15JUL94   22MAR98

2A*      01JUL98   01JUL98   15JAN96 01JUL98

2B       15JAN95 15JAN95     22NOV91 15JAN95

3rd      01MAY97 01MAY97 22MAY94 22MAR88

4th      22SEP91 22MAY90 22SEP91 01MAR81
       A petition by an Employer
    An employer can file for:
1.   Persons with extraordinary merit
2.   Professionals with university degrees or a
     combination of degrees
3.   Experienced or skilled workers whose
     talents are in short supply in the US.
4.   Churches may file for full-time employees
     for temporary or permanent visas if the
     persons are employed as “religious
     professionals.”
                Diversity Lottery

Certain countries of low immigration have
 visas available each year through
 lottery. There are 50,000 visas and they
 are available only until the end of the
 fiscal year. Applications are accepted in
 October each year using the internet.
        Successful Asylum Claim
In general, persons can apply for asylum if:
1. They file within their first year after entry ( or
    meet an exception to the rule)
2. Can prove their identity and nationality

3. Can prove past persecution or

4. Can prove a well-founded fear of future
    persecution on account of their
    race, religion, nationality, political opinion or
    social group by the government of their
    country or a group that the government cannot
                 Asylum Process
                     Arrive undocumented
    Apply for asylum                    Remain undocumented

     BCIS interview                          Arrest by Immigration

Asylum granted     Asylum denied             Voluntary Departure

May apply for green      Hearing before the Judge
card 1 year after
                      Request asylum again
  Asylum granted                                 Asylum denied
                                   File Appeal

          Asylum granted     Voluntary departure    Be Deported
                  Refugee vs. Asylee
 A refugee is a person outside of the United States
  who seeks protection on the ground that he or she
  fears persecution in his or her homeland.
 A person who has already entered the United
  States, and who fears persecution if sent back to
  his country, may apply for asylum here. Once
  granted asylum, the person is called an “Asylee.”
 Like a refugee, an asylum applicant must also
  prove that he has a “well-founded fear of
  persecution” based on race, religion, membership
  in a social group, political opinion, or national origin
  grounds
          Extraordinary Remedies
1.   Juvenile: Children found in the US who are under
     the care of the state or juvenile court and cannot be
     returned to their home country.
2.   VAWA (Violence Against Women Act): Persons
     physically abused by their USC/LPR spouse or
     parent or who suffered severe emotional abuse as
     identified by a licensed counselor.
3.   REGISTRY :Persons here without interruption since
     1-1-1972
4.   CANCELLATION:Persons who can show to an
     Immigration Judge that they have been here 10
     years, are persons of good Character (paid
     taxes, paid child support, etc), and can show
     extraordinary and unusual hardship to USC or LPR
     spouse or child.
   5. HRIFA: residence for nationals of Haiti who entered
    the US and filed asylum pre 12-31-95
   6. NACARA:
   Adjustment of status for Cubans and Nicaraguans
    here since 12-1-1995.
   Special Rule Cancellation for Salvadorans and
    Guatemalans who registered for ABC or filed for
    asylum pre 4-1-90 after entering by a date certain.
   Residence for some Eastern Europeans who entered
    prior to 12-31-90 and filed for asylum pre 12-31-1991.
       Obligations of a
    Permanent resident
 Must  report change of address within 10
  days on form AR-11.
 All men 18-26 must register for selective
  service
 Must pay income taxes as a resident.

 Must be present in the U. S. more than.
  outside the U.S.
                       What is TPS?
 Temporary Protected Status is protection for
  persons in the US by a certain date from a
  country designated by the Attorney General
  as suffering temporary problems due to war,
  earthquake or other natural disaster.
 Unlike Asylum or refugee status, having TPS
  does not lead to a green card.
 Nations currently listed are: Burundi, El
  Salvador, Honduras, Liberia, Montserrat,
  Nicaragua, Somalia, and Sudan.
                What if I am arrested by
                      BCIS/BICE/BCBP?
   If you are stopped at the airport for not having a
    proper visa or entry document, you will be sent back. If
    you claim residence or citizenship, you may be held
    until that is cleared up.

   If you ask for asylum at the airport, you will be
    detained until a decision is made or you are ordered
    deported.

   If you are found in the US illegally, you will have a
    hearing unless you have been previously deported. If
    you re-enter after removal, that is a permanent bar
    and may lead to federal charges and jail.
                 What if I am arrested by
              BCIS/BICE/CBP? (continued)
   If you have an outstanding removal or deportation
    order, it will be enforced and you will be removed
    without further hearing unless you move to re-open
    the old case for good cause. If the hearing was over 6
    month prior, the District Counsel for USCIS/ICE must
    agree.

   If you commit a crime, you will go directly from the
    county or state facility to ICE for detention. If your
    sentence was for over 5 years, you may be removed
    without a hearing. If for shorter period, you will see the
    Immigration Judge and may ask for relief.
 What is relief from removal?
As the title indicates, relief from removal is a way for –
  eligible persons – not to be deported. It is also
  known as:
 Withholding of Removal or Protection under the Torture
  Convention is a temporary protection for those who are
  prevented from seeking asylum by the seriousness of
  their crime.
 Cancellation of removal – for resident and non-residents
  who have been here 7-10 years, and can prove
  extraordinary and unusual hardship to USC or LPR
  family.
 212-h waiver for persons married to USC, seeking to
  adjust and can show extreme hardship.
 212-c waiver for person with certain criminal convictions
  received prior to 4/96.
 Refugee waiver – for refugee not yet LPRs convicted of
                 What if I am in removal
                            proceedings?
   Persons may be in removal proceedings for the
    following reasons, which are covered by the
    “Grounds of Removability”
    (inadmissibility, deportability, and excludability) term:
1. Health related Grounds 2. Economic Grounds
3. Criminal Grounds           4. Moral Grounds
5. Violation of BCIS laws or documents
6. Security related Grounds
7. Miscellaneous (such as Unlawful voting, False claim
    to US citizenship, International abduction…)
     How do I get my citizenship?
     One can get its citizenship (naturalize) through:
1.    Five (5) consecutive years of
      permanent residency.
2.    If receive residence by marriage to a
      USC, the wait before applying is only 3
      years if still married.
3.    Derivitive citizenship for the child of US
      citizens. Automatic citizenship for
      children under 18 when parents
      naturalize.
   Rights and Duties of
           U.S. Citizen
 Can   Register and vote
 Can apply for more family members

 Will travel on a U.S. passport

 Able to serve on a jury

 Opportunity to work in higher security
  jobs
               USCIS and other
                     websites
   USCIS.gov
   Amnesty-usa.org
   Aila.org
   Asylumlaw.org
   ucchastings.edu (center for gender and refugee
    studies.
   Hrw.org (human rights watch)
   ILRC.org (Immigrant legal resource center)
   Aclu.org/immigrantsRights
   Refugeelawcenter.org
   State.gov (human rights reports.)