Immigration Legal Services Program IMPORTANT NOTICE This presentation

Immigration Legal Services Program

IMPORTANT NOTICE • This presentation is for informational purposes only and does not constitute legal advice. • We remind you that applicants should seek advice from an accredited representative or an immigration lawyer prior to filing any application. If you or someone you know has been a victim of immigration fraud, please report it to: Texas Attorney General - 1 (800) 252 -8011

IMMIGRATION FRAUD Notario Publico vs Notary México • Be an Attorney at Law • Be Mexican by birth • Be between ages 25 -60 • Be in good health • Cannot be a representative or religious leader • Have no criminal history • Have practiced with a professional notary for at least 6 months • Present and pass an exam Texas • Fill out an application • Be at least 18 years of age • Be a legal resident of the State of Texas A Notary in the United States is not qualified to provide legal advice related to immigration or any other subject.

U. S. IMMIGRATION Historically, immigration to the U. S. has been based on three principles: 1. The Reunification of Families a) Family Based Petitions b) Derivative Status 2. Admitting Immigrants with Skills that Are Valuable to the U. S. Economy a) Employment Based Immigration 3. Protecting Refugees and Asylum Seekers

IMMIGRATION STATUS Undocumented Person 1) Someone who does not have permission to be in the U. S. 2) Visa is expired 3) Entered without permission Visa Holder 1) Immigrant Visa a. Intend to stay permanently 2) Non-Immigrant Visa b. Stay is temporary Legal Residency 1) Permanent Resident a. Green Card 2) Conditional Permanent Residency a. Marriage based Citizen of the United States 1) Birth 2) Naturalization 3) Derivation or Acquisition of Citizenship

THE IMMIGRATION SYSTEM USDHS: Department of Homeland Security USICE: Immigration and Customs Enforcement USCIS: Citizenship and Immigration Services USCBP: Customs and Border Protection

FAMILY PETITIONS U. S. Citizens and Lawful Permanent Residents are eligible to immigrate different types of family members Parents Siblings U. S. Citizen Children Spouse Lawful Permanent Residents Children (unmarried) Spouse

PRIORITY DATES: VISA WAITING TIMES 1) The priority date is the date on which the petition was filed with USCIS. 2) Applicants must wait for the priority date to be current in order to continue with the immigration process. July 2017

ADJUSTMENT OF STATUS VS. CONSULAR PROCESSING 1) CONSULAR PROCESSING: An individual who has an immigrant visa number immediately available may apply at a U. S. Department of State consulate abroad for an immigrant visa and be admitted as a Lawful Permanent Resident into the United States. OR 2) ADJUSTMENT OF STATUS: An alternate process by which an eligible person, already present in the United States, can apply for permanent resident status without having to return to their home country to complete processing.

WAIVERS OF INADMISSIBILITY 1) Inadmissibility refers to the rules that apply to a person attempting to enter or currently present in the United States after entering illegally. a. Grounds of inadmissibility include: i. iii. iv. v. vii. b. Health-Related Grounds Criminal Grounds Economic Grounds Illegal Entrants & Immigration Violators Documentation Requirements Foreign Nationals Previously Removed/Unlawful Presence Miscellaneous Grounds of Inadmissibility Waivers: i. Grounds of inadmissibility can be waived in certain situations, if the person can meet the standard for the waiver they seek

U. S. CITIZENSHIP 1) Naturalization a) b) c) Permanent Resident Length Requirement i. 3 years married to a U. S. Citizen ii. 5 years as a qualified Lawful Permanent Resident Must be able to speak and write English i. Exemptions – 15/55 and 20/50 Issues preventing Naturalization and/or resulting in removal i. Drug crimes ii. Providing false information to U. S. Government iii. Human trafficking iv. False claim of citizenship 2) Acquisition of U. S. Citizenship 3) Derivation of U. S. Citizenship

VIOLENCE AGAINST WOMEN ACT (VAWA) As a battered spouse, child or parent, an applicant may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). a) The qualifications for attaining permanent residency under the Act are different for each type of applicant but in general, the applicant must: i. iii. Have suffered battery/extreme cruelty by a U. S. Citizen or Lawful Permanent Resident spouse, parent or child, Have resided with their spouse, parent or child; and Be a person of good moral character.

U-VISA: Victims of Criminal Activity The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. • • • Abduction • • Abusive Sexual Contact • Blackmail • Domestic Violence • Extortion • False Imprisonment • • Female Genital Mutilation Felonious Assault Fraud in Foreign Labor Contracting Hostage Sexual Assault Sexual Exploitation Slave Trade Stalking Torture Trafficking Witness Tampering Unlawful Criminal Restraint 1) A person may be eligible to apply for permanent resident status if they meet certain requirements, including: a) You have been physically present in the United States for a continuous period of at three years while in U nonimmigrant status, and b) You have not unreasonably refused to provide assistance to law enforcement since you received your U visa.

T-VISA: Victims of Human Trafficking The T Nonimmigrant Status (T visa) is a set aside for those who are or have been victims of human trafficking, protects victims of human trafficking, and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking. A person qualifies if they: 1) 2) 3) 4) 5) Are or were a victim of trafficking, as defined by law; Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking; Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or they are under the age of 18, or unable to cooperate due to physical or psychological trauma); Demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States; and Are admissible to the United States. If not admissible, they may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant.

SPECIAL IMMIGRANT JUVENILE STATUS (SIJ) 1) SIJ status applies to some undocumented children if: a) They are able to be declared dependent upon a juvenile court; b) The juvenile court finds that the child’s “reunification with one or both of the immigrant’s parents is not viable due to abuse, neglect, abandonment, or a similar basis found under State law”; and c) The child’s return to their country of nationality or last habitual residence is not in their best interest. 2) SIJ is the most likely form of relief from removal that may apply to the detained undocumented children currently seeking entry to the United States. Nevertheless, very few will be eligible.

POLITICAL ASYLUM 1) For individuals who have suffered or risk suffering persecution in their country a) DUE TO: i. Race, ii. Religion, iii. National origin, iv. Political opinion, OR v. Membership in a particular social group. 2) Affirmative Application Process: Applies within the United States. 3) Defensive Process: Requested as a defense for removal or at the port of entry.

DEFERRED ACTION FOR CHILDHOOD ARRIVALS • • • Background: On June 15, 2012, the Secretary of Homeland Security announced that certain people who arrived in the United States as children and who meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Definition: Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. Eligibility Requirements: 1) 2) 3) 4) Born on or after June 16, 1981; Came to the United States before reaching their 16 th birthday; Have continuously resided in the United States since June 15, 2007, up to the present time; Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS; 5) Had no lawful status on June 15, 2012; 6) Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate “enrolled in a qualified GED program”, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and 7) Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

IMMIGRATION UPDATES There are many questions surrounding immigration policy given the results of the 2016 presidential election and the 2017 Texas Legislative session. Currently, most of the travel and refugee bans are under a temporary restraining order and not in force. That being said, a person from the 6 countries listed in the ban must have “significant ties” to the U. S. in order to enter. However, the executive orders and memos regarding enforcement and building the wall have been implemented, and we are seeing the immediate effect in ICE actions. DACA has officially begun its phase out process as of September 5 th, 2017. All persons currently holding DACA work permits will be work authorized until their document expires. DHS is accepting upcoming renewals through October 5 th, but the expiration must be on or before March 5, 2018. We are currently awaiting movement in Congress, specifically on the Dream Act of 2017 to subsume Dreamers and put more persons on a pathway to citizenship. Senate Bill 4, or the “show me your papers bill”, was set to go into effect in Texas on September 1 st. However, the legislation was enjoined until further Constitutional questions can be answered. The enjoinment is currently under appeal

Questions? Catholic Charities of Central Texas Immigration Legal Services Program 1625 Rutherford Ln. Bldg A, 2 nd Fl Austin, TX 78754 512. 651. 6125