Basics of Immigration Law

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1 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 1

2 Sources of Law 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

3 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

4 U.S. Certificate of Naturalization Permanent Resident (Green) Card 4

5 Old Green Cards Old Green Cards 5

6 Old Green Cards Old Green Cards 6

7 Immigrant Visa Registration number = A number Non-Immigrant Visa B1/B2 = visitor (tourist) Expiration date not controlling look at I-94 date instead 7

8 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

9 Employment Authorization Employment Authorization 9

10 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

11 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

12 Relatives: Immediate versus Preference Immediate relatives: Spouses of USC children of USC (unmarried and under 21) parents of USC (21 or older) Preference relatives: 1 st = 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) 3 rd = sons & daughters of USC (any age, married) 4 th = siblings of USC Visa Bulletin priority dates travel.state.gov > Immigrant Visas 12

13 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

14 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

15 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

16 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

17 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

18 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

19 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

20 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

21 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

22 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

23 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

24 ICE Online Detainee Locator System Two ways to search: A-Number and country of birth, or Last name, first name and country of birth Detention Hotline (212) , Wed 1-5pm Questions? 24

25 Immigration Law Unit Legal Aid Society 199 Water Street, 3rd Floor New York, NY (212)