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How To Help Your Family Legally Immigrate to the

United States

Who Can Sponsor Family?

Lawful Permanent Resident (LPR)

U.S. Citizen

Immediate Relatives of U.S Citizens

SpouseMarriage must be legally valid and entered in good faith (“bona fide”).

Not solely for immigration purpose.

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Immediate Relatives of U.S Citizens

ParentsU.S. citizen childmust be over the age of 21.

Children under the age of 21 can neversponsor parents.

Children• Under age 21 and

unmarried

• Can be stepchild if parent marries USC before child is 18

• Adopted children if adopted before age 16 (other conditions may apply)

Immediate Relatives of U.S Citizens

Benefits for Immediate Relatives

• There are no limit on the number of immediate relatives who can emigrate from any county at any time – no waiting list.

• Immediate Relatives who entered the entered the United States legally (“lawfully”), can adjust status to permanent residents even though they have overstayed their authorized period of stay.

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Family Preference Categories

FB-1 - unmarried sons and daughters of U.S. citizens

FB-2 – spouses and children of lawful permanent residents. Divided into 2 subgroups:

FB 2A - spouses and children under the age of 21 FB 2B - unmarried children over the age of 21

FB-3 - married sons and daughters of U.S. citizens

FB-4 - brothers and sisters of U.S. citizens

FB-1 - Unmarried sons and daughters of U.S. citizens

The son or daughter must be unmarried at the time the petition is filed and continue to be unmarried until “lawful permanent resident”(Green Card) status is granted.

Conversions– Where an immediate-relative petition has been

approved for a “child” and the child reaches the age of 21, the petition is automatically converted to FB-1, unless I-485 is filed before age 21.

– Where there is an approved FB1 petition and the son or daughter marries, the petition is automatically converted to FB-3.

FB-2 - Spouses and Unmarried Children of Permanent Residents

• FB- 2A - Spouses and Children under the age of 21. This category has delays for about 5+ years for most countries.

• FB- 2B - Unmarried children over the age of 21. This category has delays for about 9+ years for most countries. – Permanent residents cannot apply for married

children.

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FB-3 - Married Sons and Daughters of U.S. Citizens - 8+ year minimum waiting list

FB-4 - brothers and sisters of U.S. citizens –10+ year minimum waiting list

How to Determine Visa Availability

Eligibility to take next step to green card depends upon whether Family-Based Preference Categories (“Priority Date”) is current (does not apply to immediate relative).

Priority Date = filing date of I-130 relative petition

Visa Bulletin - issued every month by the Department of State and is used to determine if there are visas available. Found on internet at:http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

Visa Bulletin for September 2010

15OCT01

01MAR02

01JAN05

01JAN09

01JAN06

Domin. Rep

All areas China India Mexico Philippines

1st 01JAN06 01JAN06 01JAN06 01DEC92 01JAN97

2A 01JAN10 01JAN10 01JAN10 01JAN09 01JAN10

2B 01JAN05 01JAN05 01JAN05 15JUN92 01AUG02

3rd 01MAR02 01MAR02 01MAR02 01MAR92 01JAN95

4th 15OCT01 15OCT01 15OCT01 01JAN94 01JAN91

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Visa Bulletin FactsVisa Bulletin FactsThree Factors:

Priority date, which must be before date on Visa Bulletin to be currentCountry of chargeability (place of birth)Preference category (FB1 to FB4)

Visa Bulletin does not progress steadily

Visa Bulletin may even retrogress (move backwards)

How to Apply for FamilyI-130 Relative Petition filed with USCIS

I-485 Adjustment of Status if relative is lawfully present in U.S. and priority date is current or if relative qualifies as immediate relative

National Visa Center (NVC) immigrant visa processing if relative is outside the United States and priority date is current orrelative qualifies as immediate relative

InadmissibilityCertain Crimes

Misrepresentation or fraud in prior visa applications

Unlawful presence

Previous removal or deportation

Two-year foreign residency requirement for J-1 visa

Medical grounds, and more…..

Consult with an immigration attorney immediately!

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TheCitizenship Advantage

Why Apply for Citizenship?

CITIZENSHIP =MORE RIGHTS & BENEFITS

Rights

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Parents

Siblings

Government Jobs

No Deportation

Full Protection of the U.S. Constitution and Bill of Rights

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Protection from Anti-Immigrant Laws

How To BecomeA U.S. Citizen

Naturalization

Must be at least 18 years old

Legal Permanent Resident (LPR)(3 years if married to USC or 5 years)

Residence must be continuous ascertain absences may breakcontinuity of residence.

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Naturalization (cont.)

Good moral character (GMC) during qualifying period, i.e. look back 3 or 5 years

Actual physical presence in the U. S. at least half of the qualifying period (18 months or 36 months)

Statutory BarsPermanent Bar including conviction of murder or aggravated felonies, anti-government acts, support violent overthrow of government, etc. Banned forever!

Temporary Bars including prostitution, habitual drunkard, polygamy, shoplifting, drug violations, illegal gambling…(within the 3 or 5 yrs period)

Naturalization (cont.)

Discretionary bar includes non-payment of child support, extramarital affairs destroying marriage (rare)‏, failure to register for Selective Service, tax violations, and more.

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Naturalization (cont.)

Exemption from the English test if you are:

- 50 years or older and lived as a permanent resident in the U.S for 20 years or more. Take the civics test in native language

- 55 years or older and lived as a permanent resident in the U.S for 15 years or more. Take the civics test in native language

- 65 years or older and lived as a permanent resident in the US for 20 years or more. Take the Simplified civics test in your language and * Asterisk only questions

Speak, Read, Write English

Naturalization (cont.)

Exemption from the English test if you have a physical or developmental disabilities or mental impairments that have lasted one year and will last at least one year after applying for citizenship.

N-648 form must be completed by qualified U.S. physician or licensed clinical psychologist.Speak, Read,

Write English

Naturalization (cont.)

U.S. History & Civics TestExemption for proven mental or developmental disability

Oath of Allegiance

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Risks of Naturalization

→Naturalization reopens an applicant’s immigration record

→Evaluate risks to your green card status which could include:

denial of applicationrevocation of lawful permanent residenceremoval proceedingscriminal prosecution

Who Should Not Apply for Citizenship?

Aggravated felony conviction

False claim to U. S. Citizenship

Unlawful voting

Who Should Not Apply for Citizenship? (cont.)

Lying or giving false misleading information

Conviction of CMT within 5 years of admission

Still on parole

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ProcedureComplete and file N-400 at 33 month or 57 month anniversary of green card

Two photos, copy of green card

Check for $675 unless waiver

Receipt notice (2 to 3 weeks)

Fingerprint notice (2 to 3 weeks)

Procedure (cont.)

Request for information (possible)

Interview (3-4 months)

Oath Ceremony – Certificate of Naturalization (same day in Dallas)

N-400 FORM

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Automatic Citizenship

Child born abroad to one or both USC parents,

OR

LPR Child, under 18 years old, and unmarried at the time at least one parent naturalizes

Proof of Automatic Citizenship

U.S PassportCertificate of Citizenship- Form N600

Consular Report of

Birth Abroad

5 ImportantTips to Avoid

Dangerous Immigration

Mistakes

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KNOW YOUR RIGHTS AND OBLIGATIONS

Government ??Friends ??Research ??Attorneys ??

IMMIGRATION FORMS

Fill out completely

Do not withholdinformation

Review thoroughlybefore you sign

Provide ALL requiredproof

ADDRESS CHANGES

Applications

AR-11 for allnoncitizens

I-865 form for LPR orUSC Sponsors ofRelatives (I-864)

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EXPIRATIONS & DEADLINES!

Work Cards (EAD)

Requests for Evidence(RFE)

Visas

Travel Documents

Conditional PermanentResidence

Don’t Miss the Boat!

INTERNATIONAL TRAVEL BEWARE!

Visas

Advance Parole

Abandonment

Unlawful Presence

7 RULES YOU MUST FOLLOW TO KEEP YOUR GREEN CARD AND AVOID DEPORTATION

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Permanent Residence

Privilege, not a right, to live and work in the U.S. permanently

Can lead to citizenship

Can be taken away under certain conditions

Proof of Permanent Residence

• No expiration to green card (I-551)

• Must still maintain green card because required to keep proof of your permanent resident status at all times if over 18 (“papers please”)

• Lost card – apply immediately with I-90

• Renewal – apply six (6) months before expires I-90

New Green Card

Social Security BenefitsSocial securitynumber correction

Retirement, Disability, Medicare benefits

visit www.ssa.gov for estimate retirement benefits, and to determine eligibility for benefits

Get credit for time worked even before green card

Get unrestricted card for work eligibility

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Rule OnePay All Taxes

Required by law – violations can lead to imprisonment

Denial of citizenship application

Living outside U.S. for work, school, etc –must file as resident or abandon permanent residence

Do not claim “non-immigrant” to avoid abandonment of permanent residence

Rule TwoPreserve U.S. Residence

• Get re-entry permit before you leave if planning to remain outside U.S. for one year or more

• 6 months – abandonment implied –maintain bank account, home, etc. to avoid no abandonment

• Keep a good travel record – save tickets, visa stamps, old passports

• Preserve residence for citizenship if working for U.S. company overseas

Rule ThreeKeep a Clean Criminal Record

• Aggravate felony – crimes of violence, domestic violence – one year prison term

• Murder, rape, sexual assault on child• Drug trafficking• Firearms offense

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Rule ThreeKeep a Clean Criminal Record (cont)

Crime involving Moral turpitude (CIMT)-requires intent to steal or defraud-

lie for immigration benefits for you or someone elseclaim U.S. citizenship – votingpolygamyhabitual use of drugs or alcoholfail to file taxeshelp someone enter illegallyfail to pay child supportengage in sexual misconduct

Rule FourMeet Green Card Application

Requirements

Employment

Marriage

Rule FiveRegister for Selective Service

All males between 18 and 25 years (except nonimmigrants)

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Rule SixBecome a Citizen

• Apply as soon as eligible

• Apply before children are 18

Rule SevenSeek

Professional Advice from a

Qualified Immigration

Attorney

Your Rights and ResponsibilitiesWhen Stopped By The Police

Right to remain silent

Stay calm and remain polite

Have your green card or visa documents

Ask to speak to an attorney immediately if arrested

Do NOT sign any papers until you have read completely

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Legal NoticeFacts of each case are different. The information provided here is general in nature and should not be relied upon for your specific situation and is not legal advice.

Consult with an experienced immigration attorney to get the right advice to secure your future in the United States.

THE WISE CONSUMER'S GUIDE TO HIRING AN IMMIGRATION ATTORNEY

Why Hire an Immigration Lawyer?

How to Choose a QualifiedImmigration Lawyer

17 Tough Questions to Ask BeforeYou Hire an Immigration Lawyer

7 Costly Mistakes to Avoid WhenChoosing an Immigration Lawyer

What’s Happening With Immigration Reform And Legalization Now?

? Q & A ?

? Q & A ?

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The Need for Immigration Reform

Badmus Law Firm12700 Park Central Drive, Suite 1910

Dallas, Texas 75251469-916-7900 Telephone469-916-7901 Facsimile

www.badmuslaw.comimmigration@badmuslaw.com