IMMIGRATION 101 by Mark Silverman ILRC Immigrant Legal

IMMIGRATION 101 by Mark Silverman, ILRC Immigrant Legal Resource Center June 9, 2008

Tension between two traditional attitudes toward Immigration – 1880’s • Statute of Liberty – 1886 – “Give me your huddled masses, yearning to be free” • Chinese Exclusion Act – 1882 – Barring based on race/national origin

Classifications under Immigration Law • Citizens – “Born in the USA” or one of its territories • Aliens not the “X” file types – Immigrants • Foreign born admitted as a Lawful Permanent Resident (LPR) – Family-sponsored – Employment-based – Diversity visa lottery (only certain countries) – Non-immigrants • Permitted to enter for limited duration, i. e. students, tourists

Basic Facts – Immigrations and Immigrants • Obtaining Legal Status – Most have no way to obtain legal status – Employers can’t obtain workers – Citizens can’t immigrate their family members • Paying Taxes – Immigration (formerly INS) and IRS both seek green documents • Undocumented families – few in number – Most are mixed status families • Enforcement Problems – 3 times more money spent – More undocumented immigrants – Federal versus local Law Enforcement philosophies • Our Economy – Present needs – Future demands • Why do people immigrate to the U. S. ?

The major ways people immigrate • Family • Employment • Asylum/refugee – Seeking protection due to fear of persecution in their homeland • Seek refugee status while outside USA • Seek asylum while in the USA • Lottery (diversity)

TWO STEP PROCESS FOR FAMILY VISA CASES • 2 STEPS: • 1. BASIC ELIGIBILITY REQUIREMENTS • (FAMILY RELATIONSHIP & PETITIONER’S STATUS) • 2. ADMISSIBILITY/INADMISSIBILITY • INA 212(a)

TWO STEP FLOW CHART Requirements: Does petitioner have family relationship and required status? YE S • Is beneficiary admissible? • Health NO Waiver for Grounds of Inadmissibility? Green Card Denied • Immigration S NO YE N O • Crimes • Public Charge • Security YES Green Card

TWO STEP FLOW CHART Requirements: Does petitioner have family relationship and required status? Juan is Spouse of USC YE S • Is petitioner admissible? • Crimes N O • Health Waiver for Grounds of Inadmissibility? • INA 212(a)(9)(B) • Public Charge • Security YES NO Based on hardship to USC spouse S NO YE • Immigration – 10 yr bar Green Card Denied Green Card (granted)

• • • Six Requirements for Comprehensive Immigration Reform Family unification Legalization Temporary workers Bilateral economic development States Budget Adjustment Act Enforcement of Enforceable laws

• Less than 6 months • Inadmissible because of criminal ground • • • Abandoned residence Job Address Family Vawa – Usc spouse immigrant wife • • LPR -- 5 - 8 WAITING PERIOD INTERIM PERMISSION, EAD • • • U VISA – 1. VICTIMS OF A SERIOUS CRIME 2. CERTIFICATION THAT HAVE BEEN OF ASSISTANCE IN INVESTIGATION • VICTIM COULD BE THE SPUSE OF AN UNDOCUMENTED • • aod@ilrc. org -- trust org – www. ilrc. org • listserves --- famvisa – family visas • Pro bono case – • • Motion to suppress - statement by the immigrant - 4 th of Red cards • • • ASYLUM --VAWA MOTION TO SUPPRESS