Basics of Immigration Law
Jojo Annobil The Legal Aid Society Immigration Law Unit
Why is immigration status important – what does it determine?
Vulnerability to removal Right to work legally Ability to petition for family members Right to get Social Security number Eligibility for public benefits Right to vote
Immigration and Nationality Act Code of Federal Regulations Court decisions
Department of Homeland Security (DHS)
ICE – U.S. Immigration and Customs Enforcement
USCIS - U.S. Citizenship and Immigration Services
CBP – U.S. Customs and Border Protection
2 Different Immigration Statuses
United States Citizen – USC
Legal Permanent Resident - LPR
Humanitarian categories: Refugee/Asylee, TPS
Nonimmigrant status (visitor, student, fiancé, U, etc.)
Undocumented persons
U.S. Passport
3 U.S. Certificate of Naturalization
Permanent Resident (Green) Card
4 Old Green Cards
Old Green Cards
5 Old Green Cards
Old Green Cards
6 Immigrant Visa
Registration number = A number
Non-Immigrant Visa
B1/B2 = visitor (tourist) Expiration date not controlling – look at I-94 date instead
7 I-94 Arrival/Departure Record
June 25, 2006 = entered April 23, 2009 = authorized to stay until L-1 = visa type ATL = Atlanta Airport
NYC or MIA
I-94 for Asylee/Refugee
8 Employment Authorization
Employment Authorization
9 Becoming a Lawful Permanent Resident (Getting a Green Card)
Avenues for obtaining Legal Permanent Resident (LPR) Status
Family based immigration Employment based immigration Self-petitions Diversity lottery Registry Humanitarian entrants
10 To become a LPR or non-immigrant
Grounds of inadmissibility:
crimes committed and/or convictions
Health – TB, SARS, etc. HIV is no longer an issue
immigration violations/illegal entry
public charge
Counting towards admissibility:
Good Moral Character (“GMC”)
Avenues for obtaining Legal Permanent Resident (LPR) Status
1. Family-based
Step 1: Petitioner establishes qualifying relationship
Step 2: Beneficiary submits application to adjust status
11 Relatives: Immediate versus Preference
Immediate relatives:
Spouses of USC
children of USC (unmarried and under 21)
parents of USC (21 or older)
Preference relatives: st 1 = sons & daughters of USC (21 or older, unmarried)
2A = spouses and children (under 21, unmarried) of LPR
2B= sons & daughters of LPR (21 or older, unmarried) rd 3 = sons & daughters of USC (any age, married) th 4 = siblings of USC
Visa Bulletin – priority dates
travel.state.gov > Immigrant Visas
12 Adjusting Status vs. Consular Processing
“Adjustment of Status” – process of applying for green card while living in the United States
USCIS
“Consular Processing” – process of applying for green card while living outside the United States
USCIS, National Visa Center and Dept. of State
Conditional Permanent Residence
Only if got green card based on marriage to a U.S. citizen or lawful permanent resident within 2 years or less after the date of marriage
Green card expires in two years instead of ten years.
13 Conditional Permanent Residence
90 days before green card expires, spouses must jointly file a petition to remove the conditions Waiver of the joint filing requirement:
entered marriage in “good faith” but then divorced
entered marriage in “good faith” but spouse died
victim of domestic violence
extraordinary circumstances
Conditional Permanent Residence
Same for dependent children of the conditional resident who also received their green card through the marriage
granted conditional residence
need to lift their conditions as well
proof of parents’ good faith marriage
14 Avenues for obtaining Legal Permanent Resident (LPR) Status
2. Employment based
Step 1: Employer establishes qualifying relationship Step 2: Beneficiary submits application to adjust status
Similar to family based, but petitioner is employer Same inadmissibility issues apply
INA § 245(i)
Sort of amnesty program Allowed certain otherwise-ineligible individuals to get their green cards without first having to leave the U.S. Expired April 30, 2001
Grandfathered in, if had certain family- or employment-based petitions filed on or before that date
15 Avenues for obtaining Legal Permanent Resident (LPR) Status
3. Self-petitions
Widow(er)s of U.S. citizens Violence Against Women Act (“VAWA”) Battered Spouse Waiver Special Immigrant Juvenile Status (“SIJS”) T and U Visas
Avenues for obtaining Legal Permanent Resident (LPR) Status
4. Diversity & 5. Registry
Diversity Lottery – for nationals of countries that have low numbers of immigrants
Registry – persons who entered before Jan. 1, 1972 and lived in U.S. continuously
16 Avenues for obtaining Legal Permanent Resident (LPR) Status
6. Humanitarian
Country specific – Cuba, Nicaragua, Haiti
TPS and other programs Refugees, asylees U visas – crime victims T visas – victims of human trafficking
Deferred Action for Young People – DREAMers
At least 15 years of age now Entered US before 16 Continuously in US since January 1, 2010 Out of status since June 15, 2012 Enrolled in school, graduated from HS, GED or honorable discharge from military No felonies, “significant misdemeanors”, or 3 misdemeanors of any kind
17 Deferred Action (cont.)
If approved – Deferred Action for 3 years
possibility of renewal Work permit for 3years
possibility of renewal Still “out of status,” just free from threat of deportation and allowed to work Can obtain Social Security Number and driver’s license (in some States)
but no Federal Financial Aid
Deferred Action for Parental Accountability (DAPA) Have U.S. citizen or legal permanent resident child Child born on or before Nov. 20, 2014 Child can be any age, and married or single Entered on or before Jan. 1, 2010 Were physically present on Nov. 20, 2014 Don’t have certain criminal issues Lacked legal status from Nov. 20, 2014 to present Pay taxes, prospectively
18 Becoming a U.S. Citizen
Becoming a U.S. Citizen
LPR for 5 years LPR for 3 years, if married to USC No wait, if enlist in armed forces during time of hostilities Good moral character Physical presence Continuous residence Pass civics exam Pass English exam Selective Service registration
19 Citizenship test in native language
50 years old, green card for 20 years 55 years old, green card for 15 years
65 years old, green card for 20 years
Easy questions
Deriving citizenship
The following eligibility requirements pertain to children turning 18 after 2/27/2001:
Child was less than 18 years old
Had green card
One or both parents was U.S. citizen
Child was in legal and physical custody of that parent
20 Why immigrants should apply for U.S. citizenship
Cannot be deported Petition for relatives (petitioner 21 or over)
Did relative enter U.S. with or without a visa? Vote Receive government benefits Can travel and live abroad longer than a year
Get help from U.S. Embassies abroad
Stay abroad for as long as you want
Benefits for U.S. citizens
Food stamps Medicaid Subsidized housing
Section 8
NYCHA Projects Social Security, SSI Unemployment State disability
21 Miscellaneous
Warnings Common criminal convictions that could result in deportation:
Theft or fraud offense Controlled substance offense
Including marijuana Sex offense Assault offense Firearm offense Domestic violence offense Violation of order of protection
Civil or criminal Prostitution offense
22 Warnings Immigrants with criminal record(s) should speak with an immigration attorney before:
Applying for a green card Renewing a green card Applying for work authorization Applying for citizenship Filing any other application or petition with USCIS Traveling outside the U.S.
Certificate of Disposition
Clients who have criminal arrests or convictions should obtain a certificate of disposition for each arrest
23 ICE Online Detainee Locator System
www.ice.gov/locator
Two ways to search:
A-Number and country of birth, or
Last name, first name and country of birth
Detention Hotline
(212) 577-3456, Wed 1-5pm
Questions?
24 Immigration Law Unit Legal Aid Society 199 Water Street, 3rd Floor New York, NY 10038 (212) 577-3330
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