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IMMIGRATION LAW 101-
PROCESS, DOCUMENTATION
AND LICENSING
October 2, 2019
April Palma Roberts, Staff Attorney
U.S. COMMITTEE FOR
REFUGEES AND
IMMIGRANTS
THE USCRI DES MOINES’ LEGAL SERVICES
PROGRAM OFFERS HIGH-QUALITY,
AFFORDABLE LEGAL SERVICES,
INCLUDING CONSULTATIONS, DIRECT
REPRESENTATION, AND INFORMATION TO
REFUGEES AND IMMIGRANTS IN CENTRAL
IOWA.
refugees.orgrefugees.org
WHAT WILL WE COVER IN THIS IMMIGRATION 101?
•Quick governmental overview
•How does someone get status?
•Roadblocks for immigrants
•Different types of documents
•Advocates and their role
•Strategies for overcoming cultural barriers
refugees.orgrefugees.org
GOVERNMENT AGENCIES INVOLVED IN IMMIGRATION LAW
4
DHS
ICE
(Enforcement)
USCIS
(Adjudication)
DOJ EOIR (Judicial)
DOS
Bureau of Population, Refugees, and
Migration (PRM)
US Embassies & Consulates
NVC
refugees.orgrefugees.org
GOVERNMENTAL OVERVIEW:WHO MAKES IMMIGRATION LAW?
Congress Created the Immigration & Nationality Act
▪Civil, not criminal law
▪Ever-changing and complex
▪Congress sets visa quotas▪Based on the type of immigrant: country of origin, relationship to
petitioner
▪ Last time quota raised was 1990
▪Executive Actions: DACA, Enforcement, travel ban
refugees.orgrefugees.org
TYPES OF IMMIGRATION
STATUS
◼ U.S. Citizens (USCs)
◼ U.S. Legal Permanent Residents (LPRs)
◼ Green Card holders
◼ Temporary Residents
◼ Sometimes will have a work permit, but not always
◼ Non-immigrants
◼ Visitors, some types of employment visas
◼ Undocumented Immigrants
◼ Those who came to the U.S. illegally
◼ Those who came legally but overstayed their visas
refugees.orgrefugees.org
HOW TO GET STATUS IN THE U.S.
Employment Based Immigration
Humanitarian Programs
Family Based Immigration
Lottery
refugees.orgrefugees.org
❑ The employer is the petitioner. The employer requests a specific worker and, for permanent resident visas, must establish that there is no U.S. worker available for the job. Categories are very limited and usually require high levels of education and skills.
❑ Some employment visas are immediate (for professionals who are outstanding in their field, for instance); but others can take up to 11 years to get.
EMPLOYMENT-BASED BASICS:
❑ People with unlawful presence in the U.S. in general will not qualify for employment-based immigration.
❑ Most employment-based immigration programs REQUIRE the employer to pay all government and attorney fees – which means non-profits rarely need to provide employment-based immigration services.
❑ Student visas require the applicant to show cash resources to pay tuition, fees, and living expenses “up-front.”
refugees.orgrefugees.org
HUMANITARIAN PROGRAMS
Refugees & Asylees
Must be fleeing their country of origin because they have been
persecuted in that country or because they have a well-
founded fear of future persecution on account of their race,
religion, nationality, membership in a particular social group
or political opinion.
◼ Refugees were given refugee status overseas, and then
resettled in the U.S.
◼ Asylees come to the U.S. first in some other status, and
then apply for asylum here.
refugees.orgrefugees.org
REFUGEE ADJUSTMENT OF STATUS
◼ INA Section 209(a)(1): “Any alien who has been admitted to
the United States under section 207… shall, at the end of
such year period, return … to the custody of the Department
of Homeland Security for inspection and examination for
admission to the United states as an immigrant…”
◼ 8 CFR 209.1 explains the process:
◼ Medical exam
◼ Apply for adjustment of status
◼ Interview (if CIS decides on case-by-case basis to have one)
◼ Must show they are not “inadmissible” or request waiver of
inadmissibility
11 refugees.org11 refugees.org
OTHER HUMANITARIAN VISAS
SIJS
Abuse, neglect,
abandoned by
parents
VAWA
U
Visa
Victims of
serious crimes
in the US
T
Visa
DACA
Deferred Action
For Childhood
ArrivalsTPS
refugees.orgrefugees.org
OTHER HUMANITARIAN VISAS
◼ Violence Against Women Act benefits for immigrants
◼ Assists battered spouses of USCs or LPRs
◼ U-visas for victims of violent crimes
◼ Allows for a visa that eventually leads to LPR status for
victims of violent crimes who assist law enforcement in the
investigation and prosecution of that crime.
◼ T-visas for victims of trafficking
◼ Temporary Protected Status
◼ Country-specific and time-specific – for example, some
Hondurans have TPS, but only those who entered the U.S.
BEFORE December 30, 1998.
◼ Never leads to residency or citizenship
refugees.orgrefugees.org
OTHER HUMANITARIAN VISAS
◼ Special Immigrant Juveniles Status (SIJS)
◼ For certain children who have suffered abuse, neglect, or
abandoned by parents
◼ Deferred Action for Childhood Arrivals (DACA)
◼ For young immigrants who were brought to the U.S. as children,
have been in the U.S. since early 2007, and has graduated from
high school, or is currently in school. This is a TEMPORARY
program and never leads to permanent residency or citizenship.
(No new applicants, only renewals)
◼ Cancellation of Removal
◼ Has lived in the U.S. for more than 10 years, who then gets
apprehended by Immigration and placed in deportation
proceedings, and who can show that their U.S. citizen or LPR
spouse, children, or parents would suffer “exceptional and
extremely unusual” hardship if the immigrant were to be
deported.
refugees.orgrefugees.org
FAMILY BASICS: WHO CAN APPLY FOR WHOM?
U.S. citizens can apply for parents, spouses, and minor children. They are considered immediate relatives and do not have to wait for a visa.
U.S. citizens can also apply for siblings and adult sons and daughters, but they must wait for a visa to become available.
Lawful permanent residents can apply for spouses, minor children, and unmarried adult sons and daughters, but they must wait for a visa to become available.
Refugees and asylees can apply for spouses and minor children within first two years of arrival, arriving family members will be derivative refugees.
refugees.orgrefugees.org
FAMILY BASICS – ROADBLOCKS
• Visa wait times can be in excess of 20 years
• Marriage is not an automatic ticket
• USC children cannot apply for their parents until 21
• Cannot self-apply (except special/humanitarian visas)
• In order to go through the family-based immigration process, an immigrant must have a qualifying family member who is willing to apply for her
• Must meet certain income requirement to prove you can “support” the beneficiary
refugees.orgrefugees.org
SO WHAT DOES IT MEAN TO “WAIT FOR A VISA”?
◼ In order to immigrate to the U.S. or adjust status to Lawful Permanent Resident (LPR) status, an immigrant visa must be available.
◼ A limited number of immigrant visas are allotted to the various “preference categories” each year.◼ Last time quota raised was 1990
◼ Each month, the U.S. State Department publishes the Visa Bulletin, which shows the processing dates for the various preference categories.
Visa bulletin: www.travel.state.gov
17 refugees.org17 refugees.org
FAMILY-BASED IMMIGRATION –
THE WAITING LINE
Immediate Relatives (spouses, minor
unmarried children, and parents of U.S.
Citizens) (IR)
Immediate (no
waiting line)
Spouses and minor children of Legal Permanent
Residents (F2A)
Current
Adult unmarried children of Legal Permanent
Residents (F2B)
5-21 years
Adult children of U.S. Citizens (F1 or F3) 7-23 years
Siblings of U.S. citizens (F4) 13-22 years
18 refugees.org18 refugees.org
Undocumented
Non-Immigrant Visas
Temporary Residence
Special ProgramsTPS
DACAWithholding
Legal Permanent Residency
Asylum/ Refugees
Diversity Lottery
Special CategoriesVAWAU VISAT VISA
SIJSCancellation
Family Based Immigration
U.S. Citizenship
Employment Based Immigration
refugees.orgrefugees.org
HOW DOES AN IMMIGRANT BECOME
A U.S. CITIZEN?
Naturalization: (N-400)
◼ Must be a Legal Permanent Resident, and generally must have been so
for at least 5 years (3 if acquired residency through marriage)
◼ Must be at least 18 years of age
◼ Must have lived continuously in the U.S. for the past 5 years
◼ Must be a person of good moral character
◼ Must be able to speak, read, and write English, and be able to answer
basic questions about the history and government of the United States.
◼ NOTE: There are many other detailed requirements, and several
exceptions or waivers to the above requirements – therefore it is
important that someone considering naturalization consult with an
attorney.
Derived/ Acquired Citizenship:
Some children who were born outside of the U.S. but have U.S. citizen
parents may derive or acquire U.S. citizenship without going through the
naturalization process. (N-600)
refugees.orgrefugees.org
ROADBLOCKS
20
LONG
COMPLICATED
FORMS
CONFUSING
EVIDENTIARY
REQUIREMENTS
USCIS FEES ATTORNEY FEES
LONG WAIT TIMES
AT THE SERVICE
CENTER
MISINFORMATION LANGUAGE
BARRIERS
UNCLEAR STATUS
UPDATES
21 refugees.org21 refugees.org
DOCUMENTATION: THE
IMPORTANCE OF A STATE ID
◼ May be first government issued photo ID
◼ Ability to prove identity:
◼ Access to banks, schools, doctors, etc.
◼ Ability to work, maintain work
◼ Transportation
◼ Buying a car, boarding a plane
◼ Housing
◼ Renting or Purchasing a home
refugees.orgrefugees.org
IMMIGRATION
DOCUMENTATION
◼Social Security Cards
◼Work Permits
◼I-94s
◼Green cards
23 refugees.org23 refugees.org
SOCIAL SECURITY CARDS
refugees.orgrefugees.org
WORK PERMITS
refugees.orgrefugees.org
I-94
refugees.orgrefugees.org
GREEN CARDS
refugees.orgrefugees.org
THE ROLE OF ADVOCATES
AND REPRESENTATIVES
◼ Increase understanding of the process for clients
◼Transportation
◼ Interpretation
◼ Ensure clients bring proper documentation
◼Advocacy
◼Comfort and guidance through an intimating
process
◼Required to get state ID through the refugee
resettlement process
refugees.orgrefugees.org
STRATEGIES FOR OVERCOMING
CULTURAL BARRIERS
◼Find common ground
◼Empathy
◼Patience
◼Don’t make assumptions
◼Be accommodating
◼An immigrant’s perception of government
in general can be sensitive