Immigration Law Basics Paola Ledesma Esq Ledesma Immigration

Immigration Law Basics Paola Ledesma, Esq. Ledesma Immigration Law Office MAY 2, 2014

Government Agencies US Dept. of Homeland Security (DHS) 1. US Citizenship and Immigration Services (CIS) 2. US Immigration and Customs Enforcement (ICE) 3. US Customs and Border Protection (CBP) US Dept. of State (DOS) US Dept. of Labor (DOL) US Dept. of Justice (DOJ) - Executive Office for Immigration Review (EOIR) www. Ledesma. Immigration. com 806 -589 -3090

Control Inadmissibility: health-related, economic, criminal (CIMT and drugs), prior removal, unlawful presence, misrepresentation, false claim, terrorism Deportability: unlawful presence, failure to maintain status, marriage fraud, false documents, false claim, terrorism, criminal (CIMT, drugs, and Agg Fel) Non-immigrant visas Immigrant visas www. Ledesma. Immigration. com 806 -589 -3090

Enforcement ICE 287(g) program (Carrollton Police Department, Harris County Sheriff's Office) Secure Communities program EOIR Immigration Court Board of Immigration Appeals www. Ledesma. Immigration. com 806 -589 -3090

Major Pathways to Permanent Resident Status • Family • Employment • Asylum www. Ledesma. Immigration. com 806 -589 -3090

Family-Based Immigration Categories • Immediate Relatives: Spouse, Parent, or Child of US Citizen • Preference Categories: (1) Unmarried Sons and Daughters of US Citizens, (2) Spouses and Children and Unmarried Sons and Daughters of Permanent Residents, (3) Married Sons and Daughters of Citizens, (4) Brothers and Sisters of Adult Citizens. www. Ledesma. Immigration. com 806 -589 -3090

Employment-Based Immigration (Selected Categories) • (1) Extraordinary Ability, Outstanding Professor, Outstanding Researcher • (2) Advanced Degree, National Interest Waiver • (3) Professional, Skilled, and Other Workers • Religious Workers • Investors www. Ledesma. Immigration. com 806 -589 -3090

Asylum • Suffered persecution • Persecution based on race, religion, nationality, political opinion, or social group • File within one year after entry • Affirmative: file with Asylum Office (DHS) • Defensive: file with Immigration Court (EOIR) www. Ledesma. Immigration. com 806 -589 -3090

Quotas • Numerical limits for categories and countries • One country cannot exceed 7% of limits • Causes backlogs www. Ledesma. Immigration. com 806 -589 -3090

Visa Bulletin for February 2014 All Family. Chargeability CHINASponsor INDIA Areas Except mainland born ed Those Listed MEXICO PHILIPPINES F 1 08 MAR 07 15 NOV 93 01 FEB 02 F 2 A 08 SEP 13 15 APR 12 08 SEP 13 F 2 B 01 FEB 07 15 MAY 93 22 JUN 03 F 3 01 SEP 03 01 JUL 93 01 MAR 93 F 4 08 DEC 01 01 DEC 96 01 NOV 90 www. Ledesma. Immigration. com 806 -589 -3090

Visa Bulletin for February 2014 All Employ Chargeability ment. Areas Except Based Those Listed China INDIA mainland born MEXICO PHILIPPINES 1 st C C C 2 nd C 15 APR 09 15 NOV 04 C C 3 rd 01 OCT 12 01 OCT 03 01 OCT 12 01 NOV 07 Other 01 OCT 12 Workers 01 OCT 12 01 OCT 03 01 OCT 12 01 NOV 07 4 th C C C Religious and C 5 th. EB-5 C C www. Ledesma. Immigration. com 806 -589 -3090

Family Immigration Details Get in line - first file I-130 with CIS When visa is available, file for Permanent Resident Status In US, use Forms I-485, I-765, and I-131 (if eligible) Outside US, use National Visa Center (DOS) Concerns: Legal entry, criminal history, status issues www. Ledesma. Immigration. com 806 -589 -3090

Employment Immigration Details Depends on category Get in line - unless excepted, first file Labor Certification with DOL Once Labor Certification is approved, file I-140 with CIS When visa is available, file for Permanent Resident Status In US, use Form I-485, I-765, and I-131 (if eligible) Outside US, use National Visa Center (DOS) Concerns: Legal entry, criminal history, status issues www. Ledesma. Immigration. com 806 -589 -3090

Citizenship Obtained at Birth: Born in US Born to US Citizen parents Born to one US Citizen parent Naturalization: Permanent Resident through marriage to US Citizen and remain married for 3 years Permanent Resident for 5 years www. Ledesma. Immigration. com 806 -589 -3090

Naturalization Requirements Statutory: Be 18 years or older Be a Permanent Resident for requisite time (either 3 or 5 years) Reside for 3 months in the state where application is filed Be physically present in US for one half of the requisite time Be a person of good moral character for the requisite time no deportability issues Knowledge of English language and US civics www. Ledesma. Immigration. com 806 -589 -3090

Victims VAWA U visas T visas www. Ledesma. Immigration. com 806 -589 -3090

Padilla v. Commonwealth of Kentucky, 559 U. S. 356 (2010) • Failure of a defendant’s attorney to advise him about the potential immigration consequences of pleading guilty to a deportable criminal offense constitutes ineffective assistance of counsel. • Potential implications of that decision for state criminal court judges in: (1) taking a guilty plea; (2) appointing counsel for indigent defendants; (3) assuring fairness for unrepresented defendants; and (4) becoming familiar with Federal immigration law. www. Hatch. Law. Office. com 688 -1788 919 -

Comprehensive immigration reform proposal Immigrant visas Registered Provisional Immigrant Status (RPI) The Development, Relief, and Education for Alien Minors (DREAM) Act (we already have DACA) Earned Status Adjustment of Agricultural Workers - Blue Card Status Future Immigration - Family-based, Employment-based, and Merit-based www. Ledesma. Immigration. com 806 -589 -3090

New Procedures (Executive Orders) • Deferred Action for Childhood Arrival (DACA, June 15, 2012) • I-601 A Waiver (March 4, 2013) www. Hatch. Law. Office. com 688 -1788 919 -

Questions? Paola Ledesma Immigration Law Office 806 -589 -3090 info@ledesmaimmigration. com 3223 S. Loop 289, Suite 240 -T Lubbock, TX 79423 Ledesmaimmigration. com