Criminal

Outline on Immigration Fundamentals

By October 28, 2016 No Comments

Fundamentals of Immigration and Nationality Law

Four Categories of people:
1. Undocumented or Out of Status- come without any documents or temporarily permission (Visa)
2. Non-immigrants- have some type of Visa
3. Immigrants (lawful permanent residents)- Have a green card
4. Citizens- Born in the U. S. or have a permanent Residency

Types of Visas:

• R-Visa: Religion workers like a Nun or Priest
• TN: Canadians and Mexicans having a job offer with a profession like an engineer
• K1 Fiancé Visa: Single entry visa, have to get married within 90 days and have met in the last 2 yrs
• L Visa: Employee being transferred from a company from that country to the U.S. Person should have at least one year experience in the last 3yrs prior to being transferred
• H1 Visa: people who have a Bachelors degree in their country. Or almost equivalent to a bachelor’s degree, 3 years of experience equals 1 yr of school. Open once a year in April. Only 85,000 can get chosen all together from different countries in a random selection. Example- biologists
• H2 Visa: temporarily employees for example landscapers, a seasonal job
• F Visa: student visa, graduate degree to take back to home country
A. Individual would need to show non-permanent living in the U.S. Show that individual has a residence back in their country and will move back
• O1 Visa: Individual has extremely great abilities in the areas of Sciences, Arts, Education, Business, or athletics.
• J1 exchange Visitor: students visiting as scholars, researchers, professors, or corporate trainees
• Visitor Visas: cannot stay longer than 30 days. Staying is temporarily or in the U.S. For vacation
• Investor Visa: business related, in increments of 5yrs
How to obtain a Green Card:

I. Through family: immediate relatives who are citizens can file a petition for their mother, father, husband/wife, or children not married under 21. Family member had entered the U.S. Lawfully. For a spouse of the U.S. Citizen they can obtain a conditional permanent resident status for two years if the marriage has been less than two years at the time of adjudication.

• Family preferences:
1st Preference: unmarried sons and daughters of citizens over age of 21
2nd Preference: spouses and children under 21 of permanent residents or unmarried sons and daughters over age of 21 of permanent residents
3rd Preference: married sons and daughters of U.S. Citizens over age 21
4th Preference: Brothers and Sisters of U.S. Citizens over age 21. (Waiting list can be very long)

II. Employment Green Card:

1st Preference: individuals with extremely great professions for example outstanding professors, managers, or executives
2nd Preference: Advanced Degree Professionals
3rd Preference: Professionals with bachelor’s degree, workers with 2yr experience, or other workers
4th Preference: Special immigrants like religious Immigrants
5th Preference: Immigrant Investors

DACA: Gives Juveniles an opportunity for employment, drivers license, and social security to open more opportunities for them. Individuals had to be in the U.S. On June 15, 2007.

Applicants for Family and Employer Sponsored immigration. No more than 25,000 people from their home country can get chosen to get employers visa for the U.S or the country will be penalized.

“unlawful presence”
180 days = 3-year bar
366 days = 10-year bar
If individual had been in the U.S. Since first arrived with visa without leaving the country then pardon may be granted while being in the U.S. If individual had been in the U.S. But left then returned the 10-year penalty will be outside of the U.S.

Parole in Place: immigration benefits for relatives in the U.S. military
Repeal of DOMA: immigration benefits for same Sex couples with lawfully recognized marriage
“Business Visitors should not seek to enter the U.S. To work”

EWI: Entered without inspection (crossed the river), records can be obtained when going through an immigration petition or process

TPS: Temporary Protected Status: based on earthquakes or sickness like Ebola. Given by executive branch, people from that country to apply for work visas but may not be renewed.

SIJS: Special Immigrant Juvenile Status: petition for if child has state orders that child was neglected or abused in Child’s country. Oversubscribed in Guatemala & el Salvador.
CAM: Central American Minors refugee/ parole program: Have to have a parent in the U.S. with some type of status. Idea was for children who qualify to bring them to the U.S. safely

Inadmissibility Vs. Deportability:

A. Inadmissibility: criminal backgrounds, deportations, or if there’s a waiver.
B. Deportability: Already has status but can lose it

Adjustment of Status Vs Consular Processing:

A. Adjustment of Status: Here in the U.S. people who can qualify for a green card

B. Consular Processing: Not Here in the U.S.

Asylum Withholding CAT: Humanitarian protection from deportation

FOIA: Freedom of Information Act: request for applicants to get their immigration history

Parole (immigration term): way of letting someone in the U.S for a certain amount of time

BIA Accredited Representative: Non-profit organizations can file applications

Francisco Hernandez

Author Francisco Hernandez

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