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									IMMIGRATION LAW BASICS

   LCDR Conner W. Childers
      NRLSO SW 119
       LEGAL AUTHORITIES

• Immigration and Nationality Act (INA) 8
  U.S. C. et seq.
• 8 C.F.R. et seq.
• Attorney General’s Memorandums and
  Policy Statements
• Board of Immigration Appeals
• United States Circuit Courts
• United States Supreme Court
         LEGAL RESIDENCE
         Family Based Visas
• 8 U.S.C. § 1255; INA §245
• Generally a 3 step process
  – Step 1: Sponsor requests the United States to
    make a visa available for their qualifying
    relative(s)
  – Step 2: Applicant requests visa from United
    States for Permanent Residence
  – Step 3: Sponsor/Applicant Interview
                  Step 1
• Sponsor: an United States Citizen or
  Lawful Permanent Resident
• Applicant: generally a person without legal
  status to remain in the United States
  indefinitely who is related to someone with
  legal status to remain in the United States
• Forms used:
  – I130
  – I129
               Step 1: I130
• Filed in Chicago, Il, in most cases
• Filing Fee $355.00
• Supporting Documents:
  – Sponsor’s proof of Citizenship or Legal
    Residence
  – Sponsor’s proof of relationship with Applicant
• Process time: Approximately 3 months
              Step 1: I129(f)
• K1 Visa (Fiance visa)
• K3 Visa (Spouse of a United States Citizen Visa)
• These visas typically used when Applicant or
  Spouse and Applicant are not already in the
  United States
• Creates a legal method for Applicant to come to
  the United States before entire application is
  granted
• Process time: 3-6 months
              Step 2: I485
• Once the I130 or I129 Visa is approved,
  and a Visa is available, the Applicant may
  request to be made a Lawful Permanent
  Resident
• Request is made via I485
• Filing Fee $1010.00
• Process time:6-9 months
   Local/Consular Adjustments
• Applicant may adjust in the United States
  if:
  – They entered the United States Legally
  – They entered the United States illegally but
    have an approved I130 filed on or before April
    30, 2001
     • Must pay fine ($1000.00) and file I485 Supp A
    Step 2: Supporting Forms
• G325A
  – (both Sponsor and Applicant)
• Affidavit of Support
  – Sponsor/Co-Sponsor
• Medical Exam
• I485 Supplement
    Supporting Forms: G325A
• Must be submitted by both Applicant and
  Sponsor
• Merely a biographical form to provide
  Immigration Services with background
  information
• No Filing Fee
   Supporting Forms: Affidavit of
             Support
• I864
• Must be filed and signed by the Sponsor
• Sponsor must prove he/she make 125% of
  the poverty level for their family
• Special Rule for Military…100% of Poverty
  level
• Affidavit of Support is a binding contract
  between Sponsor and Applicant and
  Sponsor and United States Government
 Supporting Forms: Medical Exam
• I693
• Applicant must take a medical exam from
  an approved Doctor
• List of approved Doctors may be found at
  www.uscis.gov
Supporting Forms: I485 Supp A
• Filing Fee: $1000.00
• Filed by Applicant
• Form effectively forgives the Applicant’s
  illegal entry
• To eligible:
  – Must have approved I130 that was filed befor
    May 1, 2001
  – Must have not left the United States (illegal
    presence)
 Step 2: Supporting Documents
• Birth Certificates: Sponsor, Applicant,
  Children (if any)
• Marriage License
• Tax returns
• Biometric photos (both Sponsor and
  Applicant
• Photos
• Additional proof of relationship
          Step 1 AND Step 2
• Steps 1 and 2 may be combined and filed
  all at one time if:
  – Petitioner is a United States Citizen
  – Applicant is in the United States and eligible
    to adjust in the United States
  – A visa is immediately available to petitioner
       Step 3: Sponsor/Applicant
               Interview
• Both Sponsor and Applicant must be present
• Interview to review application and ensure
  validity of relationship between Sponsor and
  Applicant
• Interviewer will attempt to determine if Applicant
  is “inadmissible to the United States”
• If in United States:
   – Interview will take place at a local CIS office
• If outside the United States:
   – Interview will take place at consulate/embassy of
     Applicant’s home country
                  Inadmissibility

•   Illegal Presence
•   Criminal Convictions
•   Drug Use
•   Bad Moral Character
    – Prostitution
    – Illegal gambling
    – Addict
• Persecutor
• Communist
             Inadmissibility
• Some may be waived
  – I601 waiver
  – I212(h) waiver
  – I212(i) waiver
             Visa Approved
• Conditional Residents
  – I751
  – Filing Fee: $455.00
• Failure to file form will result in Lawful
  Residence being terminated
• May file up to 90 days before filing
  deadline
    SPECIAL IMMIGRANT VISAS
•   VAWA
•   Form I360
•   Filing Fee: 375.00
•   Prerequisites:
    – Abuser must have been United States Citizen
      or Lawful Permanent Resident
    – Must have proof of Abuse (police
      reports/conviction documents)
    Employment Authorization
• Form I765
• Filing Fee: $340.00 (no fee if filed at same
  time as I130 and I485)
• Visa must be immediately available
• 120 day minimum wait
   DEPORTATION ISSUES
• CRIMES INVOLVING MORAL
  TURPITUDE
• AGGRAVATED FELONY
• DRUG CONVICTIONS
        RESOURCES
• WWW.USCIS.GOV
QUESTIONS

								
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