immigration law in the united states€¦ · •adjustment of status. you are eligible for a green...
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Immigration Law in
the United States By Meghann E. LaFountain, Esq.
Attorney at Howard McMillan & Tycz, LLC
386 Main Street, Middletown, CT 06457
860-346-1377
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Lawful Immigration Status
• What it means: You have permission to be in the U.S.
legally.
• It may be temporary or it may be permanent.
• It might give you the right to work in the U.S., but it
might not.
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Types of Lawful Status
• U.S. Citizen: This is permanent. You can only lose your citizenship if you commit very serious crimes.
• Lawful Permanent Resident (“LPR” or “green card holder”): This can be permanent, but is very easy to lose. You can “abandon” your green card if you stay out of the U.S. for too long. Your green card can be taken away (and you will be deported) if you commit certain crimes. A green card is only good for a certain number of years; make sure to renew it before it expires.
• Visas: There are lots of different visas. A visa is only good for a certain period of time. Not all visas allow you to work.
• DACA, TPS, etc.
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Unlawful Status
• What it means: An “undocumented immigrant.” You
don’t have permission to be in the U.S. If you get
caught, you can be deported. “Deported” means
being sent back to your home country.
• Why do some people have unlawful status?
• They overstayed their visas.
• They entered the U.S. illegally (either without a visa or by
using someone else’s visa).
• They violated the terms of their visas.
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Unlawful Presence
• When you are in the U.S. unlawfully, you acquire
“unlawful presence.”
• If you are in the U.S. unlawfully for at least 181 days and
leave the country, you will not be allowed back in for 3
years.
• If you are in the U.S. unlawfully for one year or more
and leave the country, you will not be allowed back in
for 10 years.
• If you are in the U.S. unlawfully for a total of one year or
more and you leave the country or you are removed
(deported) and attempt to enter illegally, you will never
be allowed back in the country again.
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What Happens If I’m Caught
by Immigration? • If you don’t have status or have violated your status, you
can be caught. You can be caught entering the country
(crossing the border or at an airport) or after you’re
already in the country.
• You will be given a Notice to Appear. This document
explains why you are being arrested by immigration.
• You may be detained, released on bond or just
released.
• You will be given a court date. The first court date is
when you tell the judge what type of relief you’re
seeking, if any.
• The judge will set another date for you to argue your
case.
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Relief from Removal
• “Removal” is the technical term for deportation.
• You can apply to stay in the U.S. when you are in court. You
have to convince the judge that you are eligible to stay.
• Talk to a lawyer to see if you are eligible.
• Examples of possible relief:
• The government is wrong. You never did anything illegal.
• Asylum.
• Adjustment of status. You are eligible for a green card based
on family or employment.
• Cancellation of removal. You should be allowed to stay
because of your length of time in the U.S. and the hardship
that qualifying relatives will face if you leave.
• Waiver of inadmissibility. The government can overlook
certain offenses if you meet the right criteria.
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Becoming a U.S. Citizen
• Birth: People born in the U.S. are automatically U.S. citizens.
• “Naturalization” is the process people must follow to become citizens if they are not born in the U.S.
• Children of U.S. citizen parents: A child can become a citizen if his parents naturalize before he turns 18.
• You need to be a lawful permanent resident/have your green card for 5 years before you apply to naturalize. (The exception is for people married to U.S. citizens – they only need a green card for 3 years before applying to naturalize.)
• You must be able to speak, read and write English and pass a civics test.
• Adoption: Children can automatically become citizens under certain adoption laws.
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Ways to Get a Green Card
• Marriage (including fiancé(e)s and widow(er)s)
• Family
• Employment
• Diversity visa (green card lottery)
• Victims
• Refugees
• Asylees
• Children qualifying for Special Immigrant Juvenile Status
• Battered families (VAWA)
• Victims of criminal activity or trafficking
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Marriage
• You must prove that you have a legitimate marriage –
marriage fraud is illegal.
• If you are in the U.S. already, you must have entered the
country legally and have proof of your entry to qualify.
• If you are not in the U.S. yet, you have to wait for your
green card back home until the U.S. embassy approves
your application.
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What If I Entered Illegally?
• If you crossed the boarder illegally:
• You cannot get your green card in the U.S. You need to return home and wait for the embassy to approve it. This can take months or years, which means you can be separated from your family for a very long time.
• If you have unlawful presence in the U.S., you need to file a waiver application before your green card can be approved. (Unlawful presence prevents you from returning for 3 years or 10 years.)
• The waiver application requires a showing of “extreme hardship” to your U.S. citizen spouse or parent. This is much more than showing that you are going to miss each other.
• If you have multiple illegal entries, you will probably never qualify for a marriage-based green card.
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Family
• Immediate relatives: Spouses, parents and children
(under 21) of U.S. citizens
• Unmarried children (over 21) of U.S. citizens
• Spouses and children (under 21) of permanent
residents
• Unmarried children (over 21) of permanent residents
• Married children of U.S. citizens
• Brothers and sisters of adult U.S. citizens
• Find the wait time by googling “current visa bulletin.”
The first result should be the U.S. State Department
page with visa bulletins. Click on the current month.
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Central American Minors
• Available for Honduras, El Salvador and Guatemala.
• Children in one of those countries may be eligible to
come to the U.S. if a parent has lawful status in the U.S.
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Employment
• Certain jobs can “sponsor” you for a green card.
• You generally need to be in the U.S. lawfully (or not yet
in the U.S.) before you can get a job that will sponsor
you. For example, you are in the U.S. on a student visa
and are hired when you finish school.
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Diversity Visa (“Lottery”)
• The U.S. sets aside a certain number of green cards
every year for people from certain countries. You can
put your name into a lottery and if your name is drawn,
you can get one of those green cards.
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Refugees and Asylees
• Refugees receive permission to legally stay in the U.S.
before coming to the U.S.
• Asylum seekers come to the U.S. and apply for
permission to stay here.
• Asylum seekers are people who were persecuted back
home on account of their political opinion, race,
religion, nationality or membership in a particular
social group or they were tortured by the government.
• Note: Gang violence will not get you asylum.
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Special Immigrant Juvenile
Status • A special program for children who cannot be reunited
with one or both parents.
• One or both parents must have abandoned, abused or
neglected the child.
• Two-part process: probate court proceedings in
Connecticut (while under 18) and then immigration
proceedings to get your green card.
• You can never file for either parent if you get your
green card this way.
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Battered Families
• Violence Against Women Act (VAWA)
• Applies to women and men.
• Protects spouses, parents and children of U.S. citizens
or permanent residents.
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Victims of Criminal Activity
• U Visa
• T Visa
• Provided to victims who cooperate in the prosecution
of criminals in the U.S.
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Visas
• You must comply by the terms of your visa.
• Some allow you to work, but many visas do not allow
you to work.
• You must leave the country before your visa expires.
• This is not a permanent way to stay in the country.
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Deferred Action for
Childhood Arrivals (DACA) • A program that protects people who came to the U.S. as
children from being deported and gives them work
authorization.
• Does not make people citizens or give them green cards.
• Requirements:
• Under age 31 on June 15, 2012
• Came to the U.S. before your 16th birthday
• Physically present in the U.S. on June 15, 2007
• Resided continuously in the U.S. from June 15, 2007 until
present
• Had no lawful status on June 15, 2012
• Currently in school, graduated from high school, earned GED
or honorably discharged veteran
• No significant criminal history
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Temporary Protected Status
(“TPS”) • A special status given to help people in the U.S. if it is
dangerous or unsafe for them to return home (ex: Haiti
after the earthquake).
• The U.S. government designates the countries and for
how long people are able to stay in the U.S.
• This does not give you a green card or make you
eligible for citizenship, but does give you work
authorization.
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Benefits of DACA
• Granted for a period of two years.
• Can be renewed when it expires (though this could
change when a new president comes into office).
• Gives you work authorization.
• Protects you from being deported.
• You may be able to get travel authorization in very
special situations (ex: returning home to visit a sick or
dying relative).
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President Obama’s Executive
Actions – November 2014 • President Obama proposed changes to the
immigration law in November. These are known as
“Executive Actions” because he didn’t need Congress
to pass a law on them.
• Deferred Action for Parents of Americans and Lawful
Permanent Residents (DAPA).
• This is a program to help parents of U.S. citizens or lawful
permanent residents.
• It requires the parents to have been in the U.S. for a
number of years.
• Changes to DACA.
• Extending the validity period of the program.
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Warning: President Obama’s
Changes Have Not Started • Several states sued the federal government to prevent
the government from accepting applications for these
programs.
• These changes are NOT in effect yet.
• We do not know if or when these changes will be
approved.
• Do NOT let anyone tell you that the changes have been
approved unless you see proof of it on government
websites (ex: www.uscis.gov).
• Do NOT pay anyone to file these applications until you
know that the government will accept the applications.
• There are bad lawyers and bad people who will take
your money to do this even though it is illegal.
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Working in the U.S.
• You need authorization to work in the U.S.
• Not all visas allow you to work. For example, if you are
here as a visitor (B-2 visa), you are not allowed to work.
• You can sometimes get work authorization (known as
an employment authorization document) if you have an
immigration application pending.
• You can work if you are a citizen or permanent resident.
• It is illegal to use someone else’s papers to get a job.
• It is illegal to lie about your status to get a job.
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Going to School in the U.S.
• U.S. citizens, lawful permanent residents and people
with certain types of visas are automatically allowed to
go to school (elementary school, high school, college).
• Undocumented children can attend public elementary
school and public high school.
• A public elementary school or high school cannot ask
for proof of citizenship or legal status.
• Many colleges may ask for proof of status before
admitting students.
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In-State Tuition
• Connecticut allows undocumented students to pay in-
state tuition rates at CT public colleges.
• Requirements:
• Resident of Connecticut
• Attend Connecticut high school for 4 years
• Graduated from Connecticut high school or obtained GED
• Sign agreement that they have applied or will apply to
legalize their immigrant status
• For questions, contact CT Students for a DREAM (C4D)
• English: [email protected], 203-482-7340
• Spanish: [email protected], 203-858-0871
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Health Insurance in the U.S.
• If lawfully present in the U.S., you must have health
insurance. You are eligible for health care reform
subsidies under the Affordable Care Act.
• If you are a citizen, lawful permanent resident, refugee,
asylee (or asylum-seeker), trafficking victim or other
special immigrant, you are also eligible for subsidies
under the Affordable Care Act.
• Contact Josephine Sempere at Access Health CT if you
have questions.
• 860-757-5335
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Health Care for
Undocumented Immigrants • Undocumented immigrants are only eligible for
emergency Medicaid.
• There are places that will treat undocumented
immigrants even though they do not have insurance.
• Community Health Center, 675 Main Street, Middletown,
860-347-6971 – offers medical, dental and behavioral care
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CT Driver’s Licenses
• Drive-only license program started this year in
Connecticut.
• No proof of legal status is required. You are not eligible
for this special license if you have legal status.
• Apply for a permit online at the CT DMV website
(ct.gov/driveonly).
• You must be at least 16 years old.
• Be careful: If you have a final order of deportation or
bad immigration or criminal history, you should not
apply for a license. You will be fingerprinted and if
there are any warrants out for your arrest (immigration
or criminal), you will be caught.
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Voting in the U.S.
• You are not allowed to vote unless you are a citizen.
• Only citizens can vote in elections.
• If you accidentally vote in an election, that is a claim to
U.S. citizenship and you will never be able to become a
citizen.
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Criminal Problems
• Do not do anything illegal, regardless of your
immigration status!
• Having criminal charges against you can alert
immigration of your presence in the U.S.
• You can be deported if you don’t have status.
• You can lose your green card if you commit certain
crimes.
• You can become ineligible for a green card or for
citizenship if you commit certain crimes.
• Unless you are a U.S. citizen, talk to an immigration
attorney and a criminal attorney if you are arrested.
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How to Apply for
Immigration Benefits • Go to the government website to find the forms
(www.uscis.gov).
• The forms are free, but you have to pay the government
filing fees when you apply.
• Discuss your case with an immigration attorney.
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Should I Apply?
• Only apply for immigration benefits if you are aware of
the potential risks.
• Certain cases can result in deportation if you lose.
• Make sure to tell the truth in your application. If
something about the truth makes you ineligible, do not
apply.
• If you aren’t comfortable reading/writing in English,
make sure you have a competent translator tell you
what the applications say. Make sure your answers are
translated correctly.
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Warnings
• NEVER let anyone who is not a licensed immigration
lawyer help you file immigration papers. These people
can get you deported.
• NEVER lie to the government on any documents or in
anything you say.
• NEVER tell anyone you are a U.S. citizen if you are not a
citizen. The easiest ways to make this mistake are on
job applications/forms (ex: Form I-9) or mortgage
applications.
• NEVER use fake documents or documents that are not
your own. If you did not legally get the document and
are not entitled to the document, it is fake.
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Recommendations
• Always talk to a licensed immigration lawyer before filing any immigration paperwork.
• Make sure the person is really a lawyer before hiring them.
• You can confirm that the lawyer is licensed in Connecticut by entering his last name in the CT Judicial Branch website: http://www.jud.ct.gov/attorneyfirminquiry/AttorneyFirmInquiry.aspx
• This website will also tell you if the lawyer has been “grieved,” which means he has been disciplined by the state.
• Immigration lawyers can be licensed in states other than Connecticut.
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Questions?