Presentation for CVLS Seminar 5/17/17 Ericka A. McFee McFee Law Offices, P.C.

Transcription

1 Presentation for CVLS Seminar 5/17/17 Ericka A. McFee McFee Law Offices, P.C.

2 Presentation Scope and Intended Audience New attorneys/new to immigration Topics Covered Role of the Department of State in the Immigration Process Brief Comments on Non-immigrant Visas Immigrant Visas in the Green Card Process Waivers and Other Considerations Pitfalls and Best Practices Current Climate and Emerging Trends Brief Q&A (time permitting) and contact info

3 Some Federal Agencies Involved in Immigration (not an exhaustive list) Department of Homeland Security (DHS) Includes: US Citizenship and Immigration Services (USCIS); Customs and Border Protection (CBP); Immigration and Customs Enforcement (ICE) Functions: Adjudicates petitions/applications for certain immigration benefits; monitors and investigates fraud (FDNS); inspection and admission of people entering the US; administers Student and Exchange Visitor Program (SEVP); enforcement and removal (ERO) Department of State Includes: National Visa Center (NVC); Bureau of Consular Affairs (CA); Bureau of Population, Refugees, and Migration Functions: Additional processing of immigrant petition/immigrant visa application; issues visas at a US Consulate abroad; works with international orgs abroad on refugee issues

4 Some Federal Agencies Involved in Immigration (not an exhaustive list) Department of Justice (DOJ) Includes: Executive Office for Immigration Review (EOIR); Board of Immigration Appeals (BIA); Office of Immigration Litigation (OIL) Functions: Removal proceedings and appeals Department of Labor (DOL) Includes: Employment and Training Administration (ETA); Wage and Hour Division (WHD); Board of Alien Labor Certification Appeals (BALCA) Functions: Heavily involved in the employment of certain foreign workers Department of Health and Human Services (HHS) Includes: Office of Refugee Resettlement (ORR) Functions: Helps refugees and asyleessettle in the US (connect with programs, services, benefits)

5 Terminology Immigrant petition Adjustment of status (AOS) Consular processing (CP) Visa bulletin Immigrant visa Lawful Permanent Resident (LPR) status Green card (Form I-551)

6 Reference and Resources Department/Agency Websites USCIS: State Department: Foreign Affairs Manual (FAM): Immigration and Nationality Act (INA), as amended Code of Federal Regulations (CFR) Case Law (BIA, Court of Appeals, Supreme Court) Attorney Association Listservs for Immigration Immigration-specific Online and Print Resources

7 Special Note: Canadian Citizens Some Similarities with the Immigrant Visa Process Underlying petition (when required) adjudicated by USCIS Kentucky Consular Center (KCC) instead of NVC Petition Information Management Service (PIMS) Online Application (DS-160/260) and Appointment Scheduling Consular Electronic Application Center (CEAC) website: Visa Stamp Forms/Fees After Entering the US Length of stay usually limited depending on purpose for visit and visa category; some extensions Effect of overstay May be able to AOS; otherwise, need to leave the US and CP to become an LPR

8 Starting Point? DHS, Department of State, or Other? Some Employment-Based Green Cards PERM as a 1 st Step Consular Processing vs. Adjustment of Status Where is the person located? Admissibility issues? Green card through consular processing Immigrant Petition (not all, but most cases require) Family (I-130); Widow(er)s and Special Immigrants (I-360); Employment (I-140); Entrepreneurs (I-526) Availability of Immigrant Visas Immediately available in some cases Others per Visa Bulletin (potential retrogression issues) Appointment and Interview Possible delays before and after Visa Stamp Non-immigrant and Immigrant Certain returning residents Travel to US/Admission and Inspection by CBP

9 What s a Waiver and Who Needs One? INA 212(a) General Classes of Aliens Ineligible for Visas or Admission (and any applicable exceptions) Health Criminal Security and Related Grounds Public Charge Labor Certification and Qualifications for Certain Immigrants Illegal Entrants and Immigration Violators Prior Removal Aliens Unlawfully Present Ineligible for Citizenship Miscellaneous (polygamists, international child abduction, illegal vote) Rest of INA 212 provides other examples of scenarios when waivers are necessary and available Examples: subsections (e) for J-1 Exchange Visitors and (h) for criminal matters Waivers and waiver process - covered in another CVLS seminar Other considerations Affidavit of Support for certain immigrants Exceptional Circumstances for I-130 Petitions

10 Pitfalls Assuming consulates operate in a uniform manner Required documentation Steps in the process Ignoring or overlooking certain details Example: tattoos Not setting expectations with clients Impact of delays and expecting the unexpected Best practices Preparing for the interview at the consulate is critical Carefully navigating the process, leveraging resources Problem solving: strategies and contingency plans

11

12 Ericka A. McFee McFee Law Offices, P.C. 10 South Riverside Plaza, Suite 875 Chicago, IL (312)