U.S. Immigration 101

U.S. Immigration in 30 Minutes

Carl Shusterman July 11, 2012

Ways to Immigrate to the U.S.

• Relatives

• Employment

• Investment

• Lottery

• Asylum

How to Immigrate to the U.S.

Adjustment of Status

245i

Immigrant Visas Abroad

Waivers

Proposed Legislation

Immediate Relatives

• Spouses, Parents & Children of United States Citizens

• No Quotas

Other Relatives• Annual Quota - 226,000

• Per-Country Quota - 7%

• Adult Sons & Daughters of USCs

• Brothers and Sisters of USCs

• Spouses and Unmarried Sons and Daughters of LPRs

Visa BulletinFamily Categories - August 2012

Categories Worldwide China (PRC) Mexico Philippines

1st 8-01-05 8-01-05 6-08-93 3-01-94

2A 3-15-10 3-15-10 3-01-10 3-15-10

2B 6-22-04 6-22-04 8-22-92 1-01-02

3RD 5-01-02 5-01-02 1-22-93 7-22-92

4TH 2-15-01 1-08-01 6-08-96 2-01-89

Green Card Lottery• Annual Quota -50,000

• Barred Countries WH : Brazil, Canada, Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Jamaica, Mexico, Peru

• Western Hemisphere - 100 Winners

Asylum

• Political Opinion

• Religion

• Nationality

• Race

• Social Group

Well-Founded Fear of Persecution

U.S. Citizenship

• Permanent Resident

• Physical Presence in the U.S.

• Oath of Allegiance

• Good Moral Character

• History/ Test

• English Test

Naturalization Requirements

Through Birth in the U.S Acquired Citizenship Through

Parents

Deportation Defense• Adjustment of Status

• Cancellation of Removal for LPRs

• Cancellation of Removal for non LPRs

• Waivers - 212c, 212h, 212i, etc...

• Asylum

• Voluntary Departure

Relief from Deportation

Prosecutorial Discretion

Appeals to BIA and Federal Courts

Deferred Action for DREAMers

• The individual must have come to the U.S. under the age of 16;

• He/she must have continually resided in the U.S. for at least five years preceding the date of the memo (6-15-12) and present in the U.S. on the date of the memo;

• She/he must currently be in school, have graduated from high school, obtained a general education (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the U.S.;

• The individual cannot have been convicted of a felony offense, significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and

• The individual must be under the age of 31 on June 15, 2012.

Requirements for Employers

• I-9 Form: Identity and Employment Authorization

• E-Verify

• Avoid Document Abuse

• Anti-Discrimination

Stay Informed

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Websites: www.shusterman.com www.Inmigracion-Abogado.com

Questions?