Immigration Law Overview by Kimberly Pikul Esq

Immigration Law Overview by Kimberly Pikul, Esq.

Basic Structure ✤ ✤ ✤ Non-immigrant Visas (temporary) Immigrant Visas (permanent/green card) Humanitarian (refugee/asylum/victims of crime/trafficking/Special Immigrant Juvenile Status/Temporary Protected Status/Deferred Enforced Departure) Immigration Court Removal Hearings Citizenship and Naturalization

Non-immigrant Visas (temporary) Means that your intent is to return to your home country. Each visa has eligibility criteria and to get one you file a petition to show that you meet the criteria. For example, if you want to get an F-1 visa (student visa), you must show that you are going to an institution recognized by the U. S. government and show that you have funds to go to school. Similarly, if you want to get an H-1 B visa (Specialty Occupation), you must demonstrate that you have the required educational background and profession and that you meet all of the other criteria outlined in the statute.

Main reasons people get Non-immigrant Visas ✤ ✤ ✤ Tourism or Business Travel (For example, B 1/B 2) Work Permit (For example, TN visa, E-3 visa, H-1 B visa, L visa, O visa) To start a Business or Trade (For example, E-1/E-2) Academic study and training (For example, F-1 visa, J-1 visa) Marriage (For example, K-1 visa)

Non-immigrant Visas (Temporary) For all temporary Visas, generally speaking one must also demonstrate that he/she plans to return to his/her home country once the Visa is no longer valid. For some Visas the government will require that one show ties to his/her home country (for example own a home) and for others a letter indicating one plans to return home is sufficient. As most of these Visas mandate that your intent is temporary, there could be potentially negative consequences to applying for a green card (considered a permanent intent) while on a temporary Visa. And, while these Visas are temporary, some can be renewed indefinitely like the E-1/E-2 visas. Some Visas have a “dual intent”- meaning that when one enters his/her intent may be temporary or permanent in nature. For example, an H-1 B Visa while still a non-immigrant Visa, allows the holder to apply for a green card because it has been designated as a dual intent Visa.

Permanent Visa/Green Card/Permanent Resident Status ✤ Family-Based ✤ Employment-Based ✤ Green Card Lottery ✤ Investors ✤ Asylum/Refugee/Diplomats ✤ ✤ Special Immigrants (i. e. Cancellation of Removal, Victims of Crime, Abused Spouses) Private Bill

Family-Based Immigration Family based green cards are based on the concept that the U. S. government supports the family unification and allows citizens and green card holders to bring their family to the U. S. to join them. However, there are wait lists. Citizens may bring more family members over and in general there are no wait times or the wait times for the same relative are shorter than that of a green card holder. For example, a U. S. citizen can get their spouse a green card within a one-year period. Conversely, the brother or sister of a U. S citizen would have to wait for well over 13 years before they are eligible for a green card. A green card holder may not apply for his/her siblings.

Family-based Immigration ✤ U. S. Citizens ✤ ✤ Spouse Married and unmarried children (includes step or adopted) (Whether over or under 21 years of age affects wait list time) ✤ ✤ ✤ Siblings Parents (includes step parents) Green Card Holders ✤ Spouse ✤ unmarried children

Employment-Based Immigration Employment based green cards are broken down into 5 basic sub categories. These are EB-1, EB-2, EB-3, EB-4 & EB-5. Generally speaking the employment based green cards have been set up to allow people to get green cards when they have a unique specialization and when a job awarded to someone who is not American would not take a job away from an American. For many of these categories employers must go through an extensive labor certification process where they must prove that they were not able to find a U. S. citizen to take the job that they are hiring for. Like the family based green cards, some of these categories take years to obtain the green card because of quotas/wait lists. Also, each category has defined criteria you must meet in order to be eligible. Wait times are also dependent on the country you are applying from and each country has a quota assigned to them. This is the case for family-based quotas as well.

Employment-Based Immigration ✤ EB-1 ✤ ✤ ✤ Persons with extraordinary abilities Outstanding professors and researchers managers and executives in multinational companies

Employment-Based Immigration ✤ EB-2 ✤ ✤ Persons with exceptional ability ✤ ✤ Professionals with advanced degrees Exceptional professors and researchers EB-2 with National Interest Waiver ✤ ✤ Persons with exceptional ability involved in activities that will substantially benefit the U. S. national interest Advanced degree professionals involved in activities that will substantially benefit the U. S. national interest

Employment Based Immigration ✤ EB-3 ✤ Professionals with a U. S. bachelor's or foreign equivalent degree ✤ Skilled workers ✤ Unskilled workers

Employment Based Immigration ✤ Schedule A ✤ ✤ Registered nurses and physical therapists Persons qualified to work in one of the shortage occupations on the Schudule A List

Employment Based Visas ✤ EB-4 ✤ Religious Workers ✤ Special Immigrant Juveniles ✤ Broadcasters ✤ G-4 International Organization or NATO-6 Employees and Their Family Members ✤ International Employees of the U. S. Government Abroad ✤ Armed Forces Members ✤ Panama Canal Zone Employees ✤ Certain Physicians ✤ Afghan and Iraqi Translators ✤ Afghan and Iraqi Nationals Who Have Provided Faith Service in Support of U. S. Operations

Employment -Based Visas ✤ EB-5 - Investors ✤ ✤ Foreign entrepreneurs who invest $500, 000 in a commercial enterprise in a targeted employment area that will benefit the U. S. economy and create at least 5 full-time U. S. jobs. Foreign entrepreneurs who invest $1, 000 in a commercial enterprise that will benefit the U. S. economy and create at least 10 full-time U. S. jobs.

Ineligibility for visas Just a note that although one my seem to qualify for a visa (immigrant or temporary) there may be something in the persons history that makes him/her ineligible for a via. Most common include certain crimes, overstaying past visas, unlawful entry, or providing false or misleading information to an immigration official.

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