Understanding Immigration in the United States

Immigration 101

ALIENS CITIZENS Permanent Undocumented Temporary Obtained by: Born in US Naturalize 2016 750,000 Lawful Permanent Resident (LPR) Obtained by: Family based 65% < immediate relative/ preference category Employment based 12% Humanitarian > 10% Born outside US to US citizen parent Benefits: Work legally Travel freely without restriction Vote Lottery 5% FY 2017 > 1 million Benefits: Work legally Travel w/restrictions Possibly eligible for public benefits Sponsor: Preference Category Receive public benefits Sponsor Parents Spouse Immediate Relative Children<21/ unmarried Spouses Children Siblings (14-24 yrs) Sons/daughters (7-22 years) Unmarried sons/daughters 2-22 years Preference Category Proven via: Card status doesn t expire Stamp in passport Approval notice Proven via: Passport Consular report of birth abroad Asylees Birth certificate

ASYLEES A person who is unable or unwilling to return to his or her country of nationality because of persecution or a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. Somehow make it here to the U.S. and apply for asylum within one year of entry Can get a work permit after application for asylum is pending 150 days U.S. government (asylum officer or immigration judge) makes the determination that the asylee meets the standard If granted, can petition for spouse and minor, unmarried children within 2 years of grant After one year in Asylum status, can apply to adjust status Employment authorized incident to status Eligible for certain public benefits for first seven months upon grant of asylum Can travel (not to the country of persecution) FY 2017 - 20,000: China, El Salvador, Guatemala

ALIENS CITIZENS Permanent Undocumented Temporary Obtained by: Born in US Naturalize 2016 750,000 Lawful Permanent Resident (LPR) Obtained by: Family based 65% < immediate relative/ preference category Employment based 12% Humanitarian > 10% Born outside US to US citizen parent Benefits: Work legally Travel freely without restriction Vote Lottery 5% FY 2017 > 1 million Benefits: Work legally Travel w/restrictions Possibly eligible for public benefits Sponsor: Preference Category Receive public benefits Sponsor Parents Spouse Immediate Relative Children<21/ unmarried Spouses Children Siblings (14-24 yrs) Sons/daughters (7-22 years) Unmarried sons/daughters 2-22 years Preference Category Proven via: Card status doesn t expire Stamp in passport Approval notice Proven via: Passport Consular report of birth abroad Asylees Birth certificate Refugees

REFUGEES A person who is unable or unwilling to return to his or her country of nationality because of persecution or a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. Have fled country and registered with UNHCR UNHCR makes the determination that individual meets the standard UNHCR begins repatriation process U.S. resettled @ 54,000 refugees FY 2017 down from @ 80,000 the previous year top three Congo, Iraq, and Syria 1% of refugees worldwide are resettled each year; wait in camp is at least 10 years Within 1 year of entry can apply to adjust status Within 2 years of entry can apply for spouse and minor, unmarried children Employment authorized incident to status Eligible for certain public benefits for seven months after entry Can travel (not to the country of persecution)

ALIENS CITIZENS Permanent Undocumented Temporary Obtained by: Born in US Naturalize 2016 750,000 Non-immigrants Lawful Permanent Resident (LPR) Obtained by: Family based 65% < immediate relative/ preference category Employment based 12% Humanitarian > 10% Tourists Students Au Pairs Diplomats Performers Athletes Born outside US to US citizen parent Benefits: Work legally Travel freely without restriction Vote A V Workers FY 2017 > 179 million Lottery 5% FY 2017 > 1 million Humanitarian Benefits: Work legally Travel w/restrictions Possibly eligible for public benefits Sponsor: Preference Category Receive public benefits Sponsor Temporary Protected Status - TPS Parents Spouse Immediate Relative Children<21/ unmarried Spouses Children Siblings (14-24 yrs) Sons/daughters (7-22 years) Unmarried sons/daughters 2-22 years Preference Category Proven via: Card status doesn t expire Stamp in passport Approval notice Proven via: Passport Consular report of birth abroad Asylees Birth certificate Refugees

Temporary Protected Status Secretary of Homeland Security at the recommendation of the State department designates a country for Temporary Protected Status due to conditions in that country which prevent nationals from safely returning; usually, armed conflict or natural disaster. Current Countries with TPS: El Salvador Haiti Honduras Nepal Nicaragua Somalia Sudan South Sudan Syria Yemen Countries which have had TPS taken away from them recently or are slated to by 2019: Sudan (11/2018) Nicaragua (1/2019) Haiti (7/2019) El Salvador (9/2019) Somalia Nepal (6/2019) Honduras (1/2020) Yemen

ALIENS CITIZENS Permanent Undocumented Temporary Obtained by: Born in US Naturalize 2016 750,000 Non-immigrants Lawful Permanent Resident (LPR) Obtained by: Family based 65% < immediate relative/ preference category Employment based 12% Humanitarian > 10% Tourists Students Au Pairs Diplomats Performers Athletes Born outside US to US citizen parent Benefits: Work legally Travel freely without restriction Vote A V Workers FY 2017 > 179 million Lottery 5% FY 2017 > 1 million Humanitarian Benefits: Work legally Travel w/restrictions Possibly eligible for public benefits Sponsor: Preference Category Receive public benefits Sponsor Temporary Protected Status - TPS Violence Against Women s Act (VAWA) Parents Spouse Immediate Relative Children<21/ unmarried Spouses Children Siblings (14-24 yrs) Sons/daughters (7-22 years) Unmarried sons/daughters 2-22 years Preference Category Proven via: Card status doesn t expire Stamp in passport Approval notice Proven via: Passport Consular report of birth abroad Asylees Birth certificate Refugees

VAWA Visa for abused spouses or children of LPR/USCs who: marry in good faith resided with their abuser have been abused physically or emotionally (although latter carries a higher standard of proof) are of good moral character Benefits: Work permit Usually a pathway to a greencard although subject to numerical limitations Abused parents of US Citizens are also covered Also covers same-sex marriage since June 2013

ALIENS CITIZENS Permanent Undocumented Temporary Obtained by: Born in US Naturalize 2016 750,000 Non-immigrants Lawful Permanent Resident (LPR) Obtained by: Family based 65% < immediate relative/ preference category Employment based 12% Humanitarian > 10% Tourists Students Au Pairs Diplomats Performers Athletes Born outside US to US citizen parent Benefits: Work legally Travel freely without restriction Vote A V Workers FY 2017 > 179 million Lottery 5% FY 2017 > 1 million Humanitarian Benefits: Work legally Travel w/restrictions Possibly eligible for public benefits Sponsor: Preference Category Receive public benefits Sponsor Temporary Protected Status - TPS Violence Against Women s Act (VAWA) U Visa Parents Spouse Immediate Relative Children<21/ unmarried Spouses Children Siblings (14-24 yrs) Sons/daughters (7-22 years) Unmarried sons/daughters 2-22 years Preference Category Proven via: Card status doesn t expire Stamp in passport Approval notice Proven via: Passport Consular report of birth abroad Asylees Birth certificate Refugees

U VISA Visa available for: Victims of certain violent crimes Who cooperate in the investigation or prosecution of that crime Who suffered substantial harm Benefits: Visa is valid for 4 years with a work permit for same period of time. After 3 years, can apply for greencard Depending on age and marital status, may be able to petition for spouse, minor unmarried children, parents or siblings Only 10,000 given out per year. Current wait list is >100,000 Wait for a U Visa is approximately 7+ years at present No work permit while waiting

ALIENS CITIZENS Permanent Undocumented Temporary Obtained by: Born in US Naturalize 2016 750,000 Non-immigrants Lawful Permanent Resident (LPR) Obtained by: Family based 65% < immediate relative/ preference category Employment based 12% Humanitarian > 10% Tourists Students Au Pairs Diplomats Performers Athletes Born outside US to US citizen parent Benefits: Work legally Travel freely without restriction Vote A V Workers FY 2017 > 179 million Lottery 5% FY 2017 > 1 million Humanitarian Benefits: Work legally Travel w/restrictions Possibly eligible for public benefits Sponsor: Preference Category Receive public benefits Sponsor Temporary Protected Status - TPS Violence Against Women s Act (VAWA) U Visa T Visa Parents Spouse Immediate Relative Children<21/ unmarried Spouses Children Siblings (14-24 yrs) Sons/daughters (7-22 years) Unmarried sons/daughters 2-22 years Preference Category Proven via: Card status doesn t expire Stamp in passport Approval notice Proven via: Passport Consular report of birth abroad Asylees Birth certificate Refugees

T VISA Visa available for victim of trafficking Federal definition of trafficking (labor or sex trafficking) Visa is valid for 4 years with a work permit for same length of time May apply for greencard after 3 years Can petition for spouse and minor, unmarried children 5,000 given out per year: Currently under-utilized

ALIENS CITIZENS Permanent Undocumented Temporary Obtained by: Born in US Naturalize 2016 750,000 Non-immigrants Lawful Permanent Resident (LPR) Obtained by: Family based 65% < immediate relative/ preference category Employment based 12% Humanitarian > 10% Tourists Students Au Pairs Diplomats Performers Athletes Born outside US to US citizen parent Benefits: Work legally Travel freely without restriction Vote A V Workers FY 2017 > 179 million Lottery 5% FY 2017 > 1 million Humanitarian Benefits: Work legally Travel w/restrictions Possibly eligible for public benefits Sponsor: Preference Category Receive public benefits Sponsor Temporary Protected Status - TPS Parents Spouse Violence Against Women s Act (VAWA) Immediate Relative Children<21/ unmarried Spouses Children U Visa Siblings (14-24 yrs) Sons/daughters (7-22 years) Unmarried sons/daughters 2-22 years T Visa Preference Category Proven via: Card status doesn t expire Stamp in passport Approval notice Special Immigrant Juvenile Status - SIJ Proven via: Passport Consular report of birth abroad Asylees Birth certificate Refugees

SIJ Available for children who have been abused/neglected/abandoned and cannot be reunited with one or both parents, nor can they be returned to their home country Self-petition with proof of abuse etc. and signed order from family court judge Work permit Can also apply for greencard but waits are now very long several year waits for certain countries Can never petition for parents

ALIENS CITIZENS Permanent Undocumented Temporary Obtained by: Born in US Naturalize 2016 750,000 Non-immigrants Lawful Permanent Resident (LPR) Obtained by: Family based 65% < immediate relative/ preference category Employment based 12% Humanitarian > 10% Tourists Students Au Pairs Diplomats Performers Athletes Born outside US to US citizen parent Benefits: Work legally Travel freely without restriction Vote A V Workers FY 2017 > 179 million Lottery 5% FY 2017 > 1 million Humanitarian Benefits: Work legally Travel w/restrictions Possibly eligible for public benefits Sponsor: Preference Category Receive public benefits Sponsor Temporary Protected Status - TPS Parents Spouse Violence Against Women s Act (VAWA) Immediate Relative Children<21/ unmarried Spouses Children U Visa Siblings (14-24 yrs) Sons/daughters (7-22 years) Unmarried sons/daughters 2-22 years T Visa Preference Category Proven via: Card status doesn t expire Stamp in passport Approval notice Special Immigrant Juvenile Status - SIJ Proven via: Passport Consular report of birth abroad Deferred Action for Childhood Arrivals - DACA Asylees Birth certificate Refugees

DACA Program began in June 2012 for those who would have qualified for the DREAM Act if Congress had passed the DREAM Act. Enter the U.S. prior to age of 16 Enter the U.S prior to June 15, 2007 Living in U.S. without status when announcement made in June, 2012 Graduate of H.S., GED, or in school No felonies or serious crimes and only two non-serious misdemeanors (Driving offenses) Benefits: Promise not to deport and a work permit (lowest rung on the ladder) Current president rescinded the program in September 2017 Several law suits pending with court ordered injunction which orders USCIS to process renewal applications only until cases have been decided; another federal judge gave government 90 days to justify ending DACA - could re-start initials at that time; 6 states have sued to stop DACA Therefore, we are doing renewals only (no first time applicants)

ALIENS CITIZENS Permanent Undocumented Temporary Obtained by: Born in US Naturalize 2016 750,000 Non-immigrants Lawful Permanent Resident (LPR) Obtained by: Family based 65% < immediate relative/ preference category Employment based 12% Humanitarian > 10% Tourists Students Au Pairs Diplomats Performers Athletes Born outside US to US citizen parent Benefits: Work legally Travel freely without restriction Vote A V Workers FY 2017 > 179 million Lottery .05% FY 2017 > 1 million Humanitarian Benefits: Work legally Travel w/restrictions Possibly eligible for public benefits Sponsor: Preference Category Receive public benefits Sponsor Temporary Protected Status - TPS Parents Spouse Violence Against Women s Act (VAWA) Immediate Relative Children<21/ unmarried Spouses Children U Visa Siblings (14-24 yrs) Sons/daughters (7-22 years) Unmarried sons/daughters 2-22 years T Visa Preference Category Proven via: Card status doesn t expire Stamp in passport Approval notice Special Immigrant Juvenile Status - SIJ Proven via: Passport Consular report of birth abroad Deferred Action for Childhood Arrivals - DACA Asylees Nicaraguan and Central American Relief Act - NACARA Birth certificate Refugees

NACARA Nicaraguan Adjustment and Central American Relief Act (NACARA) Available for: Guatemalan who entered the United States on or before October 1, 1990; registered for ABC benefits on or before December 31, 1991; applied for asylum on or before January 3, 1995; and was not apprehended at time of entry after December 19, 1990. Salvadoran who entered the United States on or before September 19, 1990; registered for ABC benefits on or before October 31, 1991 (either directly or by applying for Temporary Protected Status (TPS)); applied for asylum on or before February 16, 1996; and was not apprehended at time of entry after December 19, 1990. A Guatemalan or Salvadoran who filed an application for asylum on or before April 1, 1990 and has not received a final decision on your asylum application. An individual who entered the United States on or before December 31, 1990; applied for asylum on or before December 31, 1991; and at the time of filing the application was from one of the former Soviet bloc countries (Soviet Union, Russia, any republic of the former Soviet Union, Latvia, Lithuania, Estonia, Albania, Bulgaria, Czechoslovakia, East Germany, Hungary, Poland, Romania, Yugoslavia, or any state of the former Yugoslavia). Also must show: Seven years of continuous physical presence in the United States; Good moral character during those seven years; Not removable under certain criminal grounds (certain criminal convictions will result in different eligibility requirements for this relief); Deportation or removal would result in extreme hardship to applicant or to spouse, child, or parent who is a U.S. citizen or permanent resident; and Deserve the benefit.

ALIENS CITIZENS Permanent Undocumented Temporary Obtained by: Born in US Naturalize 2016 750,000 Non-immigrants Lawful Permanent Resident (LPR) Obtained by: Family based 65% < immediate relative/ preference category Employment based 12% Humanitarian > 10% Tourists Students Au Pairs Diplomats Performers Athletes Born outside US to US citizen parent Benefits: Work legally Travel freely without restriction Vote A V Workers FY 2017 > 179 million Lottery 5% FY 2017 > 1 million Humanitarian Benefits: Work legally Travel w/restrictions Possibly eligible for public benefits Sponsor: Preference Category Receive public benefits Sponsor Temporary Protected Status - TPS Parents Spouse Violence Against Women s Act (VAWA) Immediate Relative Children<21/ unmarried Spouses Children U Visa Siblings (14-24 yrs) Sons/daughters (7-22 years) Unmarried sons/daughters 2-22 years T Visa Preference Category Proven via: Card status doesn t expire Stamp in passport Approval notice Special Immigrant Juvenile Status - SIJ Proven via: Passport Consular report of birth abroad Deferred Action for Childhood Arrivals - DACA Asylees Nicaraguan and Central American Relief Act - NACARA Birth certificate Refugees Withholding of Removal

WITHHOLDING OF REMOVAL More likely than not that applicant will suffer future persecution if returned to home country because of race, religion, nationality, membership in a particular social group, or political opinion. The standard of proof for withholding of removal is higher than for asylum. (need to show > 50% chance of future persecution). Often given to people who cannot meet all the requirements of asylum (i.e. they missed the 1 year filing deadline) Not a path to a greencard Must renew EAD each year No driver s license in Virginia

ALIENS CITIZENS Permanent Undocumented Temporary Obtained by: Born in US Naturalize 2016 750,000 Non-immigrants Lawful Permanent Resident (LPR) Obtained by: Family based 65% < immediate relative/ preference category Employment based 12% Humanitarian > 10% 11 million 40% overstay 60% illegal entry Cannot work work permit always tied to benefit Tourists Students Au Pairs Diplomats Performers Athletes Born outside US to US citizen parent Benefits: Work legally Travel freely without restriction Vote A V Workers FY 2017 > 179 million Lottery 5% FY 2017 > 1 million Humanitarian Benefits: Work legally Travel w/restrictions Possibly eligible for public benefits Sponsor: Preference Category Cannot get public benefits Deportable Bars to re-entry Receive public benefits Sponsor Temporary Protected Status - TPS Parents Spouse Violence Against Women s Act (VAWA) Immediate Relative Children<21/ unmarried Spouses Children U Visa Ineligible to adjust status often Siblings (14-24 yrs) Sons/daughters (7-22 years) Unmarried sons/daughters 2-22 years T Visa Preference Category Proven via: Card status doesn t expire Stamp in passport Approval notice Special Immigrant Juvenile Status - SIJ Proven via: Passport Consular report of birth abroad Deferred Action for Childhood Arrivals - DACA Asylees Nicaraguan and Central American Relief Act - NACARA Birth certificate Refugees Withholding of Removal

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