DOCSLIB.ORG

Immigration Consequences to a Charge of Simple Assault Or Battery Deborah Gonzalez Roger Williams University School of Law

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Immigration Consequences to a Charge of Simple Assault Or Battery Deborah Gonzalez Roger Williams University School of Law Roger Williams University DOCS@RWU Law Faculty Scholarship Law Faculty Scholarship 2-2013 Immigration Consequences to a Charge of Simple Assault or Battery Deborah Gonzalez Roger Williams University School of Law Follow this and additional works at: http://docs.rwu.edu/law_fac_fs Part of the Constitutional Law Commons, Criminal Law Commons, Immigration Law Commons, and the Supreme Court of the United States Commons Recommended Citation 61 RIBJ 21 This Article is brought to you for free and open access by the Law Faculty Scholarship at DOCS@RWU. It has been accepted for inclusion in Law Faculty Scholarship by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. Immigration Consequences to a Charge of Simple Assault or Battery It is never an easy task determining whether an offense of simple assault or battery/domestic in “alien’s” 1 misdemeanor crime of simple assault Rhode Island .4 or battery under RI Gen. Laws § 11-3-5 is an RI Gen. Laws § 11-5-3 states as follows: (a) aggravated felony, a crime of moral turpitude Except as otherwise provided in § 11-5-2, every or a domestic crime of violence according to person who shall make an assault or battery the Immigration Nationality Act. This article or both shall be imprisoned not exceeding one focuses solely on misdemeanor dispositions ,2 year or fined not exceeding one thousand dol - under RI Gen. Laws § 11-5-3/12-29-5, and how lars ($1,000), or both; (b) Where the provisions these dispositions are viewed in the immigration of "The Domestic Violence Prevention Act,” context, as well as the consequences a client may chapter 29 of title 12, are applicable, the penal - face based on a conviction or plea pursuant ties for violation of this section shall also to this statute. Issues reviewed include: 1) the include the penalties as provided in § 12-29-5.” Deborah S. Gonzalez, Esq. consequences of a conviction or of accepting a (emphasis added) Gonzalez Law Offices, Inc. plea for simple assault/domestic where the sen - Notably, this section does not charge a defen - Roger Williams University tence falls outside the purview of a definition dant with one crime, but with two distinct School of Law Visiting of an aggravated felony pursuant to 8 U.S.C. § crimes: assault or battery or both. Although Associate Professor 1101(a)(43)(F) and even some that do; 2) how not defined by the statute, the terms assault and Immigration Customs Enforcement (ICE) may battery have different and distinct definitions consider such a conviction or plea to be a crime and elements according to Rhode Island case law. of domestic violence (C DV) and/or a crime Assault is defined it as “an unlawful attempt When an alien is involving moral turpitude (CIMT) ; and 3) sug - or offer, with force or violence, to do corporal convicted of, or gestions as to how a client may fall outside the hurt to another, whether with malice or wan - has pled to, a aggravated felony category even if the client tonness.” See State v. McLaughlin , 621 A.2d 5 charge of simple must accept a one-year suspended sentence. 170, 177 (R.I.1993) . “[B]attery refers to an act that was intended assault pursuant Crime of Domestic Violence pursuant to 8 to cause, and does cause, an offensive contact to R.I. Gen. Laws U.S.C. § 1227(a)(2)(E) or Aggravated Felony with or unconsented touching of or trauma and placed in pursuant to 8 U.S.C. § 1101(a)(43)(F) as upon the body of another.” See McLaughlin , removal proceed - defined in 18 U.S.C. § 16(a) 621 A.2d at 177, citing to State v. Messa , 594 ings, the issue at Section 1227(a)(2)(E)(i) of the Code renders A.2d 882, 884 (R.I.1991) (quoting Proffitt v. any alien (documented or undocumented) re - Ricci , 463 A.2d 514, 517 (R.I.1983)). the immigration movable if the alien at any time after admission When an alien is convicted 6 of, or has pled court level is (or entry) was convicted of a CD V, stalking, to, a charge of simple assault pursuant to RI whether the alien child abuse, child neglect or child abandonment. Gen. Laws § 11-5-3 and placed in removal pro - is removable or The term “domestic violence” means crime of ceedings, the issue at the immigration court inadmissible as a violence as defined pursuant to section 16, Title level is whether the alien is removable or inad - 18 of the United States Code .3 missible as a result of having been convicted of result of having Section 16, title 18 of the U.S.C. defines a a crime of violence and/or a crime of domestic been convicted of crime of violence as: “(a) an offense that has violence (depending on the charge) or a crime a crime of violence as an element the use, attempted use, or threat - involving moral turpitude .7 and/or a crime of ened use of physical force against the person The issue of what acts constitute a crime of or property of another domestic violence or (b) any other offense violence (COV) pursuant to 18 U.S.C. § 16 was that is a felony and that, by its nature, involves brought to the United States Supreme Court or a crime involving a substantial risk that physical force against the in Leocal v. Ashcroft , 125 S.Ct. 377 (2004). moral turpitude. person or property of another may be used in Josue Leocal, a lawful, permanent resident the course of committing the offense.” (empha - (LPR) , was convicted under the Florida statute sis added). Here, we will review only title 18 for driving under the influence in violation of U.S.C. § 16(a), as it focuses on the misdemeanor Fla. Stat. § 316.193(3)(c)(2) (2004). The statute Rhode Island Bar Journal Januar y/February 2013 21 required a showing of only negligence. Department of Homeland Security sub - U.S.C. § 1227(a)(2)(E)(I); INA § 237(a)(2) The issue in Leocal became whether an mitted as evidence the criminal complaint (E)(i)) likely will be sustained if the alien offense that does not require a showing and the criminal docket sheet. The crimi - has a conviction pursuant to RI Gen. of intent is a COV pursuant to 18 U.S.C. nal docket sheet listed the charge as Laws § 11-5-3/12-29-3, even if the alien § 16. See Leocal v. Ashcroft , 125 S. Ct. “simple assault-domestic,” along with received probation or a filing and no sus - 377 (2004). the various docket entries and the final pended sentence. The Leocal Court noted that the lan - disposition .8 The Court in Lopes relied In 2010, the US Supreme Court in guage “use of physical force against the on the criminal docket sheet, holding that Johnson v. US , 130 S. Ct. 1265 (2010) person or property of another,” found in “[t]he criminal docket report states that a was tasked with deciding whether the 18 U.S.C. § 16(a), required a higher degree plea of nolo contendere was entered on a Florida misdemeanor offense of battery of intent than merely negligent or acci - count of simple assault-domestic. On the of “actually and intentionally touching” dental. Leocal 125 S. Ct. at 382. The basis of these two documents, it is clear another person has as an element “the Supreme Court, however, never defined that Lopes was convicted of assault.” use…of physical force against the person the term “physical force,” until 2010 in Lopes , 505 F.3d at 62 of another” pursuant to the definition of Johnson v. US , 130 S.Ct. 1265 (2010). The Court in Lopes also found that “physical force” in 18 U.S.C. § 924(e)(2) In 2007, the First Circuit in Lopes v. the physical force required to commit an (B) (i), and whether the Florida convic - Keisler , 505 F.3d 58 (1st Cir 2007) was assault, which, as defined in Rhode Island, tion constitutes a “violent felony” under asked to answer the question of whether does not require touching at all ,9 is suffi - the Armed Career Criminal Act, § a conviction/plea pursuant to RI Gen. cient to be considered a crime of violence 924(e)(1). Laws § 11-5-3-/12-29-5 is considered a pursuant to 18 U.S.C. § 16(a); and there - Violent felony pursuant to 18 U.S.C. COV pursuant to 18 U.S.C. § 16(a), there - fore, an aggravated felony for immigra - § 924(e)(2)(B): by possibly rendering a foreign national tion purposes, as an assault in Rhode 1. Has an element of use, attempted removable as an aggravated felon, pur - Island requires a higher degree of intent use, or threatened use of physical suant to 8 U.S.C. § 1227(a)(2)(A)(iii). than negligent or mere accidental con - force against the person of another ; Lopes, a lawful permanent resident, duct. See Lopes , 505 F.3d at 63; see also (emphasis added) or was charged with violation of RI Gen. Immigration Nationality Act (hereinafter 2. Is burglary, arson or extortion Laws § 11-5-3. The criminal complaint INA ) § 101(a)(43)(F). involves use of explosives or other - stated that Lopes “commit[ted] assault As a result of the Lopes decision, a wise involves conduct that presents and battery upon the body of [name charge of removal pursuant to INA ’s a serious potential risk of physical omitted].” Lopes , 505 F.3d at 62.
Load more

Recommended publications
  • Compatibility of the 1954 Convention Relating to the Status of Stateless Persons with Canada’S Legal Framework and Its International Human Rights Obligations
    ENDING STATELESSNESS STATELESSNESS ENDING Relating To e Status COMPATIBILITY Of Stateless Persons With Canada’s Legal OF THE Framework And Its International Human 1954 CONVENTION Rights Obligations A SPECIAL REPORT Ending STATELESSNESS W Y #IBELONG © United Nations High Commissioner for Refugees, 2015 Researched And Written For UNHCR By Gregg Erauw ------------------------------------------------------------------------------------------------------------ COMPATIBILITY OF THE 1954 CONVENTION RELATING TO THE STATUS OF STATELESS PERSONS WITH CANADA’S LEGAL FRAMEWORK AND ITS INTERNATIONAL HUMAN RIGHTS OBLIGATIONS ------------------------------------------------------------------------------------------------------------ RESEARCHED AND WRITTEN FOR UNHCR BY GREGG ERAUW © United Nations High Commissioner for Refugees, 2015 The views expressed in this report are those of the author and do not necessarily reflect those of the United Nations or UNHCR. COMPATIBILITY OF THE 1954 CONVENTION RELATING TO THE STATUS OF STATELESS PERSONS WITH CANADA’S LEGAL FRAMEWORK AND ITS INTERNATIONAL HUMAN RIGHTS OBLIGATIONS EXECUTIVE SUMMARY .................................................................................................................... 1 INTRODUCTION .................................................................................................................................. 3 Background to the Report .................................................................................................................... 3 The Purpose of the
    [Show full text]
  • Alien Removals and Returns: Overview and Trends
    Alien Removals and Returns: Overview and Trends Updated February 3, 2015 Congressional Research Service https://crsreports.congress.gov R43892 Alien Removals and Returns: Overview and Trends Summary The ability to remove foreign nationals (aliens) who violate U.S. immigration law is central to the immigration enforcement system. Some lawful migrants violate the terms of their admittance, and some aliens enter the United States illegally, despite U.S. immigration laws and enforcement. In 2012, there were an estimated 11.4 million resident unauthorized aliens; estimates of other removable aliens, such as lawful permanent residents who commit crimes, are elusive. With total repatriations of over 600,000 people in FY2013—including about 440,000 formal removals—the removal and return of such aliens have become important policy issues for Congress, and key issues in recent debates about immigration reform. The Immigration and Nationality Act (INA) provides broad authority to the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to remove certain foreign nationals from the United States, including unauthorized aliens (i.e., foreign nationals who enter without inspection, aliens who enter with fraudulent documents, and aliens who enter legally but overstay the terms of their temporary visas) and lawfully present foreign nationals who commit certain acts that make them removable. Any foreign national found to be inadmissible or deportable under the grounds specified in the INA may be ordered removed. The INA describes procedures for making and reviewing such a determination, and specifies conditions under which certain grounds of removal may be waived. DHS officials may exercise certain forms of discretion in pursuing removal orders, and certain removable aliens may be eligible for permanent or temporary relief from removal.
    [Show full text]
  • Migrant Workers: Precarious and Unsupported
    Conseil canadien pour les réfugiés Canadian Council for Refugees Bill C-6 An Act to amend the Citizenship Act and to make consequential amendments to another Act Submission of the Canadian Council for Refugees April 2016 Canadian Council for Refugees Introduction The Canadian Council for Refugees welcomes the introduction of amendments to the Citizenship Act through Bill C-6, reversing many provisions of Bill C-24, the Strengthening Canadian Citizenship Act that we opposed.1 The CCR also commends the new government for making this a priority piece of legislation. Bill C-6 provides an excellent opportunity to create an inclusive citizenship regime that promotes maximum civic participation and engagement. We need to bring down barriers to citizenship, especially for already disadvantaged groups such as refugees, the elderly, and women. In line with Canada’s international obligations, we encourage the government to craft a new citizenship regime to which all applicants will have equal access without discrimination. Canada has a legal obligation to facilitate access to citizenship for refugees: “The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings.” (Convention relating to the Status of Refugees, Article 34). Access to nationality and citizenship is an important factor in the participation of newcomers in the political process. Participation in the political process, in turn, increases the sense of belonging and identification with the immigrants’ new country. At present, non-citizens in Canada are unable to vote in federal, provincial/territorial, and municipal elections.
    [Show full text]
  • U.S. Naturalization Policy
    U.S. Naturalization Policy Updated May 3, 2021 Congressional Research Service https://crsreports.congress.gov R43366 U.S. Naturalization Policy Summary Naturalization is the process that grants U.S. citizenship to lawful permanent residents (LPRs) who fulfill requirements established by Congress and enumerated in the Immigration and Nationality Act (INA). In general, U.S. immigration policy gives all LPRs the opportunity to naturalize, and doing so is voluntary. To qualify for citizenship, LPRs in most cases must have resided continuously in the United States for five years, show they possess good moral character, demonstrate English language ability, and pass a U.S. government and history examination, which is part of their naturalization interview. The INA waives some of these requirements for applicants over age 50 with 20 years of U.S. residency, those with mental or physical disabilities, and those who have served in the U.S. military. Naturalization is often viewed as a milestone for immigrants and a measure of their civic and socioeconomic integration to the United States. Naturalized immigrants gain important benefits, including the right to vote, security from deportation in most cases, access to certain public-sector jobs, and the ability to travel with a U.S. passport. U.S. citizens are also advantaged over LPRs for sponsoring relatives to immigrate to the United States. During the past three decades, the number of LPRs who submitted naturalization applications has varied over time, ranging from a low of about 207,000 applications in FY1991 to a high of 1.4 million in FY1997. In FY2020, 967,755 LPRs submitted naturalization applications.
    [Show full text]
  • Claims by Non-Citizens Under the Americans with Disabilities Act: Proper Extraterritorial Application in Torrico V
    Pace International Law Review Volume 17 Issue 1 Spring 2005 Article 6 April 2005 Claims by Non-Citizens under the Americans with Disabilities Act: Proper Extraterritorial Application in Torrico v. International Business Machines Michelle Shender Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation Michelle Shender, Claims by Non-Citizens under the Americans with Disabilities Act: Proper Extraterritorial Application in Torrico v. International Business Machines, 17 Pace Int'l L. Rev. 131 (2005) Available at: https://digitalcommons.pace.edu/pilr/vol17/iss1/6 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. CASENOTE CLAIMS BY NON-CITIZENS UNDER THE AMERICANS WITH DISABILITIES ACT: PROPER EXTRATERRITORIAL APPLICATION IN TORRICO V. INTERNATIONAL BUSINESS MACHINES Michelle Shendert I. Introduction ....................................... 131 II. History of ADA's Extraterritorial Application and the Law Today .................................... 134 III. Presentation of Case .............................. 144 IV . Analysis ........................................... 152 V . Conclusion ......................................... 157 I. INTRODUCTION The Americans with Disabilities Act of 1990, 42 U.S.C. §12101 et seq., 1 (ADA) protects the civil rights of disabled indi- viduals by making it unlawful to "discriminate against a quali- fied individual with a disability because of the disability... in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment."2 Specifically, Title I of the ADA requires an employer to provide "reasonable accommodations" 3 for a "qualified individual's" 4 im- pairments or limitations unless doing so would cause an "undue t The author received her J.D.
    [Show full text]
  • Primer on U.S. Immigration Policy
    Primer on U.S. Immigration Policy Updated July 1, 2021 Congressional Research Service https://crsreports.congress.gov R45020 SUMMARY R45020 Primer on U.S. Immigration Policy July 1, 2021 U.S. immigration policy is governed largely by the Immigration and Nationality Act (INA), which was first codified in 1952 and has been amended significantly several times since. U.S. William A. Kandel immigration policy contains two major aspects. One facilitates migration flows into the United Analyst in Immigration States according to principles of admission that are based upon national interest. These broad Policy principles currently include family reunification, U.S. labor market contribution, origin-country diversity, and humanitarian assistance. The United States has long distinguished permanent from temporary immigration. Permanent immigration occurs through family and employer-sponsored categories, the diversity immigrant visa lottery, and refugee and asylee admissions. Temporary immigration occurs through the admission of foreign nationals for specific purposes and limited periods of time, and encompasses two dozen categories that include foreign tourists, students, temporary workers, and diplomats. The other major aspect of U.S. immigration policy involves restricting entry to and removing persons from the United States who lack authorization to be in the country, are identified as criminal aliens, or whose presence in the United States is determined to not serve the national interest. Such immigration enforcement is broadly divided between border enforcement—at and between U.S. land, air, and sea ports of entry—and other enforcement tasks including interior enforcement, detention, removal, worksite enforcement, and combatting immigration fraud. The dual role of U.S. immigration policy—admissions and enforcement—creates challenges for balancing major policy priorities, such as ensuring national security, facilitating trade and commerce, protecting public safety, and fostering international cooperation.
    [Show full text]
  • University Sponsorship of Foreign National Employees
    University Sponsorship of Foreign National Employees Category: Operations Responsible Department: General Counsel Responsible Officer: Vice President and General Counsel Effective Date: 3/14/2016 Policy Summary This policy sets forth the University guidelines regarding sponsorship of foreign nationals for temporary employment visas and/or applications for permanent residency based upon permanent employment within the United States. This policy does not apply to non-immigrant student visas (F- 1) or exchange visitor visas (J-1). These visas are administered by the director of the International Students Office. Scope This policy affects the following groups of the University: • Executive Offices • Assoc. / Assist Vice Presidents • Full-Time Staff • Part-Time Staff • Full-Time Faculty • Part-Time Faculty • Vice Presidents • Deans • Directors/Department Chairs This policy applies to all faculty and staff members involved in the sponsorship and employment of foreign nationals. Policy To establish a uniform process whereby DePaul University will sponsor non-immigrants for temporary employment authorization and/or with applications for permanent residency based on permanent employment in the United States. This process must comply with current immigration Page 1 of 5 laws and regulations promulgated by the U.S. Citizenship and Immigration Services, formerly the Immigration and Naturalization Service (INS), the U.S. Department of Labor, and other pertinent federal agencies. Given the rapidly changing nature of immigration law, aspects of this Policy relating to the law and its effect on an individual faculty or staff member's case may change without notice. The University is committed to a diverse workforce. Under certain circumstances as outlined below, the University will sponsor foreign nationals for temporary employment-based visas and/or for lawful permanent residency based on permanent employment in the United States.
    [Show full text]
  • Foreign National Visit/Assignment Questionnaire
    HQ Unclassified Foreign National Visits and Assignments Unclassified Foreign National Visits & Assignments Questionnaire Welcome to Department of Energy, Headquarters! We are looking forward to your visit or assignment with us. In order to comply with our security requirements and ensure that your time with the Department of Energy goes smoothly we need to obtain some information from you prior to your arrival. Please take a few minutes to provide the information requested below for each member of your party that is not a U.S. citizen and then return the form(s) to your host. Please be sure to comply with the deadlines your host has communicated to you for returning this form. Part 1: Completed by Visitor Please complete all questions below, as applicable. See listing of requested documents at end. 1 Given Name/First Name (exactly as it appears on passport) 2 Middle Name (exactly as it appears on passport) 3 Surname/Last Name (exactly as it appears on passport) 4 Gender Male Female 5 Are you currently in the United Yes No States? 6 Are you Currently a Legal Yes (go to question 7) No (skip question 7) Permanent Resident (LPR) Immigrant Alien of the U.S.? 7 Immigration & Naturalization (INS A#) Number and Expiration INS A#: Expiration Date: Date 8 Primary Citizenship (Citizenship admitted to United States ) 9 Dual Citizenship (if any) Yes No If yes, what Country? 10 Birth Date 11 Country of Birth 12 City of Birth 13 Institution or Company Name 14 Institution or Company Address and Country 15 Employer Telephone Number 16 Employer Facsimile Number 17 Employer E-mail Address 18 Title/Description of Duties with Employer/Company HQ Unclassified Foreign National Visits and Assignments 19 What is the U.S.
    [Show full text]
  • Taxation of Foreign Nationals by the US—2016 Taxation of Foreign Nationals by the US—2016
    Taxation of foreign nationals by the US—2016 Taxation of foreign nationals by the US—2016 2 Taxation of foreign nationals by the US—2016 Contents Executive summary 5 Chapter 1: Resident aliens 7 Chapter 2: Nonresident aliens 17 Chapter 3: Filing requirements 20 Chapter 4: Foreign investment in real property 22 Chapter 5: Other taxes 28 Chapter 6: Tax planning 33 Chapter 7: Immigration, visa, and nationality considerations 39 Appendix A: Key figures 48 Appendix B: US Federal tax rates 49 Appendix C: United States income tax treaties 51 Appendix D: Family-based immigration categories 54 Appendix E: Employment-based immigration categories 55 Appendix F: Countries whose citizens may be eligible for the Visa Waiver Program 56 Appendix G: Nonimmigrant (temporary) visa categories 57 Appendix H: Countries whose citizens may be eligible for E Treaty Trader (E-1) or Treaty Investor (E-2) visas 62 Appendix I: IRS forms and statements location information 65 3 Taxation of foreign nationals by the US—2016 4 Taxation of foreign nationals by the US—2016 Executive summary A foreign national may be subject to one Tax treaties and other foreign investments should, of two drastically different systems of For many nonresident aliens, the burden of therefore, be reviewed before beginning taxation by the United States depending on US tax is reduced by tax treaties between or ending an assignment in the United whether he/she is classified as a resident or the United States and their home countries. States. Additionally, the United States has a nonresident alien of the United States. The Further, treaties may modify US income a large and sophisticated body of rules determination of residency status is critical.
    [Show full text]
  • Adjudicator's Field Manual
    Adjudicator’s Field Manual NOTE: The USCIS Policy Manual is our centralized online repository for immigration policies. We are working quickly to update and move material from the Adjudicator’s Field Manual to the Policy Manual. Please check that resource, along with our Policy Memoranda page, to verify information you find in the Adjudicator’s Field Manual. If you have questions or concerns about any discrepancies among these resources, please contact [email protected]. Chapter 23 Adjustment of Status to Lawful Permanent Resident. 23.1 Prior Law and Historical Background, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016. 23.2 General Adjustment of Status Issues, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2016. 23.3 [Reserved] Chapter 23.3, Reserved, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of February 25, 2015. 23.4 Presumption of Lawful Admission and Creation of Record under 8 CFR 101, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of December 21, 2016. 23.5 Adjustment of Status under Section 245 of the Act has been partially superseded by USCIS Policy Manual, Volume 7: Adjustment of Status. 23.6 Refugee and Asylee Adjustment under Section 209 of the Act, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of March 4, 2014. 23.7 Registration of Lawful Permanent Residence under Section 249 of the Act, has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of December 21, 2016.” 23.8 Section 289 Cases has been superseded by USCIS Policy Manual, Volume 7: Adjustment of Status as of May 15, 2020.
    [Show full text]
  • How Do I Sponsor an Employee for U.S. Permanent Resident Status?
    I am an employer E2 How do I sponsor an employee for U.S. permanent resident status? As an employer (or prospective employer), if you want to • Aliens who are members of professions holding advanced sponsor a foreign national to become a permanent resident based degrees or the equivalent. on a permanent job offer, you and the foreign national need to go EB-3 – Professional or Skilled Workers through a multi-step process. • Professionals with a baccalaureate degree; In most cases, the process begins when the employer obtains an approved Application for Permanent Labor Certification from • Aliens capable of performing skilled labor (requiring at least 2 the U.S. Department of Labor (DOL). After the labor certification has years of training or experience) for which qualified workers are been approved by the DOL, the employer continues the process by not available in the United States; filing Form I-140, Immigrant Petition for Alien Worker, on behalf of • Aliens capable of performing unskilled labor for which qualified the foreign national with U.S. Citizenship and Immigration Services workers are not available in the United States. (USCIS). If prior DOL certification is not required, the sponsoring process will start when you file a Form I-140 with USCIS. Filing EB-4 – Special Immigrants instructions and forms are available on our Web site at www. • Religious workers; uscis.gov. Sometimes, as discussed below, the foreign national can combine the Form I-140 with a permanent resident application. • Panama Canal Company Employees, Canal Zone Government For information on all of the filing requirements and fees for a labor Employees, or U.S.
    [Show full text]
  • Tips and Advice When Seeking to Apply for Adjustment of Status in Immigration Proceedings Edward W
    Maryland State Bar Association’s Immigration Law Section Presents: Tips and Advice When Seeking To Apply for Adjustment of Status in Immigration Proceedings Edward W. Neufville, III Silver Spring, Maryland 8121 Georgia Avenue, Suite 502, Silver Spring, MD, 20910 * www.neufvillelaw.com INTRODUCTIONS • I am a person who stutters so if there is something that I say that is unclear, do make note and ask for clarification at the end • Focus of the webinar is on immigration proceedings before Immigration Courts, specifically Baltimore • Webinar will provide advice and tips on applications for adjustment of status based on spousal petitions, parent/child petitions, asylee or refugee applications, and employment based • Will not cover Cuban Adjustments; NACARA; Cancellation of Removal; or HRIFA I Want To Litigate Adjustment Applications in Court, Where do I Start? • Immigration and Nationality Act – INA Sections 245; 209; 216 • Title 8 of the Code of Federal Regulations • Title 8 of the United States • Immigration Court Practice Manual. Read and download it for free at http://www.justice.gov/eoir/vll/OCIJPracManual/ocij_page1.htm What are Immigration Removal Proceedings? • Check out INA Section 240 – All you need to know about removal proceedings in Immigration Court. • United States government taken steps to determine whether to remove a foreign national from the U.S. • Foreign national has a chance to seek relief from being removed • 8 C.F.R. Section 1245.2 provides Immigration Courts with jurisdiction to review application for adjustment of
    [Show full text]