immigration law basics a practical guide to immigration law terms and concepts
TRANSCRIPT
Immigration Law Immigration Law BasicsBasics
A practical guide to A practical guide to immigration law terms and immigration law terms and
conceptsconcepts
Holistic Living ProjectHolistic Living ProjectA Ministry of Christ Fellowship, Inc.A Ministry of Christ Fellowship, Inc.
1121 Elizabeth Avenue1121 Elizabeth AvenueElizabeth, NJ 07201Elizabeth, NJ 07201Tel: 908-289-6322Tel: 908-289-6322Fax: 908-289-7371Fax: 908-289-7371
Tatiana B. Durbak, Esq.Tatiana B. Durbak, [email protected]
Entry into the United StatesEntry into the United States
People enter the US asPeople enter the US as– nonimmigrantsnonimmigrants
OROR– ImmigrantsImmigrants
NonimmigrantsNonimmigrants
Intention to stay for a limited period Intention to stay for a limited period of timeof time
Categories:Categories:– A – V (with subcategories)A – V (with subcategories)– Temporary protected statusTemporary protected status– Deferred enforced departureDeferred enforced departure– ParoleParole– Visa waiverVisa waiver
NonimmigrantsNonimmigrants
Visa application requiredVisa application required Specific requirements for each statusSpecific requirements for each status Periods of stay varyPeriods of stay vary Strict limitations on permission to Strict limitations on permission to
work.work.
Becoming a residentBecoming a resident
Family petitionFamily petition– Immediate relatives and preference Immediate relatives and preference
petitionspetitions Employer petitionEmployer petition Diversity visa (visa lottery)Diversity visa (visa lottery) Refugee/asylee statusRefugee/asylee status Special immigrantsSpecial immigrants
Visa Bulletin – Family preferencesVisa Bulletin – Family preferences
Fam-ily
All Charge- ability Areas Except Those Listed
CHINA-mainland born
INDIA MEXICOPHILIPP-
INES
1st 22DEC04 22DEC04 22DEC04 22APR93 22MAY97
2A 08JUN09 08JUN09 08JUN09 08MAY09 08JUN09
2B 15OCT03 15OCT03 15OCT03 01DEC92 01NOV01
3rd 01DEC01 01DEC01 01DEC01 01JAN93 22JUL92
4th 08SEP00 08SEP00 08SEP00 15MAY96 01NOV88
Resident vs. citizenResident vs. citizen
““Green card” holders are Lawful Green card” holders are Lawful Permanent Residents (LPR’s).Permanent Residents (LPR’s).
They are NOT US citizens (USC’s).They are NOT US citizens (USC’s). Green card holders may be subject to Green card holders may be subject to
removal if even a minor crime is removal if even a minor crime is committed committed
Resident vs. citizen (cont’d)Resident vs. citizen (cont’d)
LPR’s (Lawful Permanent Residents) LPR’s (Lawful Permanent Residents) must fulfill certain requirements to must fulfill certain requirements to become USC’s (US citizens).become USC’s (US citizens).
Unmarried children under age 18 Unmarried children under age 18 who are LPR’s can often derive US who are LPR’s can often derive US citizenship from their parents.citizenship from their parents.
Persons present unlawfullyPersons present unlawfully
Current law makes it impossible for Current law makes it impossible for most persons who are present most persons who are present without status to obtain legal status. without status to obtain legal status. Special exceptions apply to victims of Special exceptions apply to victims of abuse.abuse.
Special immigration reliefSpecial immigration relief
Special relief is available for:Special relief is available for:– abused spouses and children of LPR’s abused spouses and children of LPR’s
(Lawful Permanent Residents) and USC’s (Lawful Permanent Residents) and USC’s (US citizens);(US citizens);
– victims of specific crimes who cooperate victims of specific crimes who cooperate with the authorities in the prosecution of with the authorities in the prosecution of the perpetrator; andthe perpetrator; and
– minors under court supervision.minors under court supervision.
Abused spouses, parents and Abused spouses, parents and children of USCs and LPRschildren of USCs and LPRs
Person must be battered or subject Person must be battered or subject to extreme crueltyto extreme cruelty
My file self-petitionMy file self-petition Marriage may be terminated if nexus Marriage may be terminated if nexus
between abuse and marriage between abuse and marriage terminationtermination
Victim must prove good moral Victim must prove good moral charactercharacter
Abused spouses, parents and Abused spouses, parents and children of USCs and LPRschildren of USCs and LPRs
Includes step-childrenIncludes step-children Children must be under 21 and Children must be under 21 and
unmarriedunmarried Documentation is criticalDocumentation is critical
U visaU visa Applicant must show:Applicant must show:
– s/he has suffered substantial physical or mental abuse s/he has suffered substantial physical or mental abuse as a result of one of the crimes enumerated in the as a result of one of the crimes enumerated in the statute (domestic violence and sexual assault crimes are statute (domestic violence and sexual assault crimes are included)included)
– s/he has knowledge of the crimes/he has knowledge of the crime– s/he is willing to cooperate with the authorities in the s/he is willing to cooperate with the authorities in the
investigation or prosecution of the criminal activityinvestigation or prosecution of the criminal activity Applicant must obtain certification from a law-Applicant must obtain certification from a law-
enforcement authority re assistanceenforcement authority re assistance Certain family members are eligible for Certain family members are eligible for
immigration reliefimmigration relief No requirement of marriage to USC or LPRNo requirement of marriage to USC or LPR
Special Immigrant Juvenile StatusSpecial Immigrant Juvenile Status
Allows minors to self-petition and apply for Allows minors to self-petition and apply for permanent residencypermanent residency
Requirements:Requirements:– Must be under jurisdiction of juvenile court or Must be under jurisdiction of juvenile court or
placed by the court in custody of agency or placed by the court in custody of agency or individual individual
– Reunification with one or both parents not Reunification with one or both parents not viabel because of abuse, neglect or viabel because of abuse, neglect or abandonmentabandonment
– Must be found by court that not in child’s best Must be found by court that not in child’s best interests top return to home countryinterests top return to home country
– Applicant must be under age 21 and unmarriedApplicant must be under age 21 and unmarried
Special Immigrants Juvenile Status Special Immigrants Juvenile Status
Petition is not confidentialPetition is not confidential Original parents cannot benefit from Original parents cannot benefit from
child’s immigration statuschild’s immigration status Revocation of statusRevocation of status
Some current issuesSome current issues
Police stopsPolice stops Attorney General DirectiveAttorney General Directive General ignorance about immigration General ignorance about immigration
law and situation of immigrantslaw and situation of immigrants Secure communitiesSecure communities
Attorney General’s DirectiveAttorney General’s Directive
Police must ask immigration status of Police must ask immigration status of persons arrested for DUI or indictable persons arrested for DUI or indictable offenseoffense
Police may NOT ask immigration Police may NOT ask immigration status of crime victim OR of crime status of crime victim OR of crime witnesswitness
Some considerationsSome considerations
The danger of unlicensed The danger of unlicensed practitionerspractitioners
Where to go for competent helpWhere to go for competent help The role of a good immigration The role of a good immigration
attorney attorney How to find a good immigration How to find a good immigration
attorneyattorney
Non-profit immigration programs in Non-profit immigration programs in TrentonTrenton
Migration and Refugee Services of the Roman Migration and Refugee Services of the Roman Catholic Diocese of Trenton – 149 N Warren St; Catholic Diocese of Trenton – 149 N Warren St; 394-8299394-8299
Immigration Program of Lutheran Social Ministries Immigration Program of Lutheran Social Ministries of Trenton – 189 S Broad St., 393-4900, x12of Trenton – 189 S Broad St., 393-4900, x12
Episcopal Immigration Services of ChristEpiscopal Immigration Services of Christ
Community CenterCommunity Center
331 Hamilton Ave., Trenton, NJ 08609331 Hamilton Ave., Trenton, NJ 08609
609-394-8926609-394-8926
Additional agenciesAdditional agencies
Legal Services of NJ (Edison office) –Legal Services of NJ (Edison office) –732-572-9100; 1-888-576-5529732-572-9100; 1-888-576-5529
American Friends Service Committee American Friends Service Committee (Newark) 973-643-1924(Newark) 973-643-1924
Catholic Charities of the Archdiocese Catholic Charities of the Archdiocese of Newark 973-733-3516of Newark 973-733-3516
Tatiana B. Durbak, Esq.Tatiana B. Durbak, Esq.
of counsel toof counsel to
Teper Law Office, LLPTeper Law Office, LLP
112 W Franklin Ave.112 W Franklin Ave.
Pennington, NJ 08534Pennington, NJ 08534
Tel: 609-557-7374Tel: 609-557-7374
Fax: 877-396-4398Fax: [email protected]@yahoo.com
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AUDIENCE!AUDIENCE!