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Immigration 2014Citizenship & Immigration Workshop
Welcome
Presenters
Ann Massey Badmus, Attorney at Law
Angela M. Lopez, Attorney at Law
Katrina M. Moore, Attorney at Law
How to Help Your Family Legally Immigrate
Deferred Action for Childhood Arrivals (DACA) Updates
U.S. Citizenship Rules and Procedures
Employment Options for F-1 Students
Agenda
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4
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2
3
Immigration Reform Law Updates5 Important Tips to Avoid Dangerous Immigration MistakesConsultations
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How To Help Your Family Legally Immigrate
to the United States
Lawful Permanent Resident (LPR)
U.S. Citizen
Who Can Sponsor Family?
SpouseMarriage must be legally valid and entered in good faith (“bona fide”).
Not solely for immigration purpose.
Immediate Relatives of U.S. Citizens
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Same-Sex Marriages
Defense of Marriage Act (DOMA) - USCIS now recognizes same-sex marriages.
Same-sex marriages recognized by any U.S. state would be recognized by USCIS regardless of residence.
Immediate Relatives of U.S. Citizens
ParentsU.S. citizen child must be over the age of 21 to sponsor parent.
Children under the age of 21 can
never sponsor parents.
Immediate Relatives of U.S. Citizens
Children
• Under age 21 and unmarried
• Can be stepchild if parent marries USC before child is 18
• Adopted children if adopted before age 16 (other conditions may apply)
Immediate Relatives of U.S. Citizens
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There is no limit on the number of immediate relatives who can emigrate from any country at any time – no waiting list.
Immediate Relatives who entered the entered the United States legally (“lawfully”), can adjust status to permanent residence even though they have overstayed their authorized period of stay.
Immediate Relative Benefits
FB-1Unmarried sons and daughters of
USC
FB-2 spouses and
children of LPR
FB- 2ASpouses and
children under the age of 21
FB- 2BUnmarried
children over the age of 21
FB-3Married sons and daughters of USC
FB-4Brothers and sisters of USC
Family Preference Categories
USC – U.S. CitizenLPR – Lawful Permanent Resident
The son or daughter must be unmarried at the time the petition is filed and continue to be unmarried until “lawful permanent resident” (Green Card) status is granted.
Where an immediate-relative petition has been approved for a “child” and the child reaches the age of 21, the petition is automatically converted to FB-1, unless I-485 is filed before age 21.
Where there is an approved FB1 petition and the son or daughter marries, the petition is automatically converted to FB-3
FB-1 Unmarried Sons & Daughters of USC
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FB- 2A Spouses and Children under the age of 21.
This category has delays for about 5+ years for most
countries.
FB- 2B Unmarried children over the age of 21.
This category has delays for about 9+ years for most
countries.
FB-2 Spouses and Unmarried Children of LPR
Permanent residents cannot apply for married children.
FB-3 - Married Sons and Daughters of USC
8+ year minimum waiting list
FB-4 - Brothers and sisters of USC
10+ year minimum waiting list
FB-3 and FB-4 Waiting List
Long waiting periods
Next step to green card depends upon whether immigrant visa is available. Priority date must be current.
Priority Date = filing date of I-130 relative petition
Visa Bulletin -issued every month by the Department of State and is used to determine visa availability.
Immigrant Visa Availability
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Family-Sponsored
All Chargeability Areas Except Those Listed
CHINA-mainland born
INDIA MEXICO PHILIPPINES
F1 22APR07 22APR07 22APR07 08APR94 01JUN04
F2A 01MAY12 01MAY12 01MAY12 15MAR11 01MAY12
F2B 01JUL07 01JUL07 01JUL07 01APR94 08OCT03
F3 15NOV03 15NOV03 15NOV03 15SEP93 15APR93
F4 01JAN02 01JAN02 01JAN02 01JAN97 22JAN91
Visa Bulletin for August 2014
Priority date must be before cut-off date on Visa Bulletin to be current
Country of chargeability = place of birth
Preference category (FB1 to FB4)
Unpredictable cut-off dates
Visa Bulletin may even retrogress (move backwards)
Visa Bulletin Facts
I-130 Relative Petition filed with USCIS
I-485 Adjustment of Status - relative is
lawfully present in U.S. OR
DS260 Immigrant Visa -relative is outside the
United States
How to Apply for Family
Priority date must be current or alien must be immediate relative
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How to Apply for Family
Affidavit of Support
USC or LPR relatives must meet minimum income requirement to support intending immigrant family member.
Supporting evidence includes taxes, employment verification, and paystubs for USC or LPR relative.
Joint financial sponsor may be needed if USC/LPR relative does not meet minimum income requirement.
Inadmissibility
Certain CrimesMisrepresentation or
fraud in prior visa applications
Unlawful presence
Previous removal or deportation
Two-year foreign residency requirement
for J-1 visaMedical grounds, and
more…..
Family Unity Rule – I-601 Provisional Waiver
On January 3, 2013, the U.S. Citizenship and Immigration Services (USCIS) issued the “Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives” rule, effective March 4, 2013
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What Does the Provisional Waiver Do?
“Generally it allows spouses, parents, and children, as defined by the INA, of US citizens to request a waiver for unlawful presence before leaving the U.S. to process their immigrant visa applications.
Who is Eligible for the Provisional Waiver?
Generally a visa applicant over the age of 17 who can demonstrate “extreme hardship” to a U.S. citizen spouse or U.S. citizen parent can apply.
Questions?
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Deferred Action for Childhood Arrivals
(DACA) Updates
Physically present in the U.S. on June 15, 2012 and at the time of making the request
Have continuously resided in the United States since June 15, 2007
Came to the U.S. before age 16
Be under the age of 31 years old as of June 15, 2012
General Requirements
Have not been convicted or a felony, significant misdemeanor or three or more other misdemeanors
Currently in school, graduated from high school or have a GED, or have been honorably discharged from the Coast Guard or Armed Forces of the United States
Entered without inspection before June 15 ,2012 or any lawful immigration status expired
General Requirements
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Travel
“Brief, casual, and innocent” on or after
June 15, 2007 and before August 15,
2012.
Must not travel after DACA is granted except
if granted Advance Parole from USCIS.
Must file form and pay fees.
Humanitarian - medical, family member’s funeral services, or visit an ill relative
Educational - semester-abroad programs and academic research
Employment - overseas assignments, interviews, conferences, training
Permissible Travel Purposes
TRAVEL FOR VACATION IS NOT ALLOWED
Must receive authorization from USCIS before traveling
Travel permission does not cure inadmissibility based on INA §212(a)(9)(B)- Unlawful presence bars
What Else Should You Know about Advance Parole
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File approximately 4 months before the expiration date of current period of deferred action.
Application might be rejected if filed more than 5 months before expiration date.
Additional documents needed only if removal proceedings or criminal charges have occurred after grant of DACA status.
DACA Renewals
DACA I-821D Form
Expires 6/30/2016
Not providing the right documents to avoid Request for
Evidence (RFE)
Applying for DACA without
professional help
Not enrolling in school to qualify
Incorrect section for requesting
DACA on Form I-765
Failing to look at other options
5 Common Mistakes of DACA Applicants
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Questions?
Employment Options for F-1 Students
Employment Options
Curriculum Practical Training (CPT)
Optional Practical Training (OPT)
TN (Free Trade Agreement - NAFTA)
H-1B
Other employment visas?
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Curriculum Practical Training (CPT)
College students currently attending school full-time
Alternative work/study, internship, cooperative education, etc. which is academically required
It must be required for all students in program
Must be in status for more than 9 months
Maximum 20 hours p/t; except during summer and winter vacation
Extreme Hardship EAD
College students currently in school full-time
After 1 year of attendance
Recommendation by educational institution
Must demonstrate extreme hardship; changed economic circumstances since entry into U.S.
Authorization by USCIS (Employment Authorization Document – EAD)
Optional Practical Training (OPT)
Graduation from degree program (BS, Master, PhD..)
1 year work authorization only (cumulative) but 17 month extension available for STEM fields
Breaks while earning degree
Post Degree
Limited to field related to academic study
Non-employer specific (“Portability”)
New job - same field of study
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H-1B Employment Visa
Specialty Occupation
Highly skilled specialized knowledge and
Bachelor’s or higher degree (or its equivalent) (3-1 rule)
State license, if required
6 year maximum stay (3 years initial term)
TN – Trade NAFTA Visa
Employer specific
U.S. Employers
Canadian or Mexican Employers
Limited to Canadians and Mexicans
67 specified professions
3 Year maximum admission
Indefinite extensions
Other Employment Visas
J-1 Exchange Visitor
L-1 Intra-Company Transferee
O-1 Extraordinary Ability
E-2 Treaty Investor
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Questions?
The Citizenship Advantage
Voting Rights
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Siblings
Jury Duty Sponsorship
Parents and Siblings
No Deportation
International Travel
Government Jobs
Full Protection of the U.S. Constitution and Bill of Rights
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Protection from Anti-Immigrant Laws
How To BecomeA U.S. Citizen
Naturalization
Must be at least 18 years old
Legal Permanent Resident (LPR)(3 years, if married to USC, or 5 years)
Residence must be continuous ascertain absences may breakcontinuity of residence.
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Naturalization
Actual physical presence in the U. S. at least half of the qualifying period (18 months or 36 months)
Good moral character (GMC) during qualifying period, i.e. look back 3 or 5 years
NaturalizationExemption from the English test if you are:
55 years or older and lived as a permanent resident in the U.S for 15 years or more. Take the civics test in native language
50 years or older and lived as a permanent resident in the U.S for 20 years or more. Take the civics test in native language
65 years or older and lived as a permanent resident in the US for 20 years or more. Take the Simplified civics test in your language and * Asterisk only questionsSpeak, Read, Write
English
NaturalizationExemption from the English test if you have a physical or developmental disabilities or mental impairments that have lasted one year and will last at least one year after applying for citizenship.
N-648 form must be completed by qualified U.S. physician or licensed clinical psychologist.Speak, Read, Write
English
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Naturalization
U.S. History & Civics Test (exemption for proven mental or developmental disability)
Oath of Allegiance
Statutory Bars
Permanent Bar including conviction of murder or aggravated felonies, anti-government acts, support violent overthrow of government, etc. Banned forever!
Temporary Bars including prostitution, habitual drunkard, polygamy, shoplifting, drug violations, illegal gambling… (within the 3 or 5 year period)
Statutory Bars
Discretionary bar includes non-payment of child support, extramarital affairs destroying marriage (rare), failure to register for Selective Service, tax violations, and more.
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Risks of Naturalization
Naturalization reopens an applicant’s immigration record
Loss of home country citizenship (if no dual citizenship)
Evaluate risks to your green card status which could include:
denial of application
revocation of lawful permanent residence
removal proceedings
criminal prosecution
Who Should Not Apply for Citizenship
Aggravated felony conviction
False claim to U. S. Citizenship
Unlawful voting
Who Should Not Apply for Citizenship
Lying or giving false misleading information
Conviction of CMT within 5 years of admission
Still on parole
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Procedure
Complete and file N-400 at 33 month or 57 month anniversary of green card
Two photos, copy of green card
Check for $680 unless fee waiver
Receipt notice (2 to 3 weeks)
Fingerprint notice (2 to 3 weeks)
Procedure
Request for information (possible)
Interview (3-4 months)
Oath Ceremony – Certificate of Naturalization (same day in Dallas)
N-400 Form
Expires 9/30/2015
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Automatic Citizenship
Child born abroad to one or both USC parents
OR
LPR Child, under 18 years old, and unmarried at the time at least one parent naturalizes
Proof of Automatic Citizenship
U.S. Passport Certificate of Citizenship - Form N600
Consular Report of Birth Abroad
Questions?
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Immigration ReformPredictions?
Why Immigration Reform is Good For Economy - 2013
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Proof of Identity
Official Birth Certificate
Passport
Matricula Consular
Identification Cards from school, work,
membership, driver’s license
School Records
Bank Statements
Immunization Records
Church Records
Work Records - W-2s or 1099
Tax Returns
Phone Records
Lease/Ownership Property Records
Proof of Presence
Receipt Notices from
USCIS
Approval Notices from
USCIS
Employment Authorization
Card
I-94 Arrival and Departure
Card
All documents received from
USCIS
Proof of Previous Status in the U.S.
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Future Records
• Keep all documents related to the offense
• Don’t have a future record
Past Records
• Request certified copies from the court
• Proof of expunged records
Criminal Records
Consult with a criminal defense attorney regarding any criminal matter!
Questions?
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5 Important Tips to Avoid
Dangerous Immigration Mistakes
1 KNOW YOUR RIGHTS AND OBLIGATIONS
Government ??
Friends ??
Research ??
Attorneys ??
2 IMMIGRATION FORMS
Fill out completely
Do not withhold information
Review thoroughly before you sign
Provide ALL required proof
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3 ADDRESS CHANGES
Applications
AR-11 for all noncitizens
I-865 form for LPR or USC Sponsors of Relatives (I-864)
4 EXPIRATIONS & DEADLINES!
Work Cards (EAD)
Requests for Evidence (RFE)
Visas
Travel Documents
Conditional Permanent Residence
Don’t Miss the Boat!
5 INTERNATIONAL TRAVEL BEWARE!
Visas
Advance Parole
Abandonment
Unlawful Presence
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Get Qualified Help
Consultations
Complete questionnaire
Meet with attorney for 10
minutes
Schedule appointment to
start application
process
Provide contact information for
immigration updates
Legal Notice
Immigration applications are never “just forms.” There are complex legal rules and consequences to every application.
Facts of each case are different. The information provided here is general in nature and should not be relied upon for specific situations and is not legal advice.
Consult with an experienced immigration attorney to get the right advice.
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Questions? More
Information?badmuslaw.com
901 Main Street Suite 3900
Dallas, TX 75202
214-672-2000