what you need to know about immigration in 2014 workshop

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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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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.


ParentsU.S. citizen child must be over the age of 21 to sponsor parent.

Children under the age of 21 can

never sponsor parents.


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)


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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

[email protected]

901 Main Street Suite 3900

Dallas, TX 75202

214-672-2000