About U.S. Immigration Law

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BASIC WAYS TO BECOME A U.S. CITIZEN

A. Be born in the United States or U.S. territory (“jus soli” )

B. Be born abroad with one or both parents U.S. citizens, and meet other requirements ( “jus sanguinis” )

C. Naturalize – aliens who have been lawful permanent residents for five 5  (3 years if married to a U.S. citizen).

BASIC WAYS TO BECOME A LAWFUL PERMANENT RESIDENT

(some categories may be subject to an annual quota)  Includes spouse and unmarried children under 21 years old of principal applicant.

A. Through Close Relatives (appx 520,000 persons/year)

1. Spouses of U.S. citizens or permanent residents
2. Parents of U.S. citizens who are over twenty-one years old
3. Children of U.S. citizens
4. Unmarried children of permanent residents
5. Brothers or sisters of U.S. citizens who are over 21 years old

B. Through Employment -(appx. 140,000 persons/year)

1. Minister of Religion and certain other religious workers
2. Alien of “extraordinary ability”
3. Outstanding professor or researcher
4. Multinational executive or manager
5. Member of the “professions” holding an advanced degree or an alien of “exceptional ability”.   Must prove alien will not take jobs from U.S. workers or adversely affect labor conditions in U.S. (“Labor Certification”), or that employment is in “national interest”.
6. A skilled worker (requiring at least 2 years of training or experience) or professional.  ”Labor Certification” required.
7. Unskilled worker – “Labor Certification” required

C. Through Investment – $1 million investment ($500K for certain economically distress areas) in U.S. business alien must actively manage, must create 10 new jobs for U.S. workers.

D. Through Asylum (refugee status if abroad) – Must prove alien has a “well founded fear of persecution” based on religion, race, national origin, political belief, or membership in particular social group.(appx. 140,000 persons/year)

E. Through Suspension of Deportation -(Actually a “defense” in deportation proceedings.)  Must have been physically present in the U.S. for at least 7 years;  be a person of “good moral character”, and must show “extreme hardship” to self or U.S. citizen or permanent resident spouse, child, or parent.

F. Diversity “Lottery”  for certain countries – must have H.S.  degree or skills.  To increase immigration from under represented areas.(55,000 persons/year)

MAJOR CATEGORIES OF NON IMMIGRANTS

A. Tourists

B. Business people

C. Crewman

E. Diplomats and staff

F. Students and exchange scholars

G. Intracompany transferees

H. Professionals, and distinguished performers and artists

I. Treaty Traders and Investors

K. Religious workers

OTHER CATEGORIES OF ALIENS “LEGALLY” IN THE U.S. (Employment Authorized)

A. Asylum applicants with pending applications

B. Temporary Residents – aliens who were granted “amnesty” under IRCA and must file for permanent residency

C. Late filing “amnesty” applicants (aliens illegally in U.S. before 1/1/82) covered under several class actions now pending.

D. Temporary Protected Status – humanitarian reasons (eg: Bosnians)

E. Family Fairness Doctrine – Certain relatives of aliens granted “amnesty” who are waiting under quotas to become P.R.’s

F. Others – (individual humanitarians reasons, those with certain pending applications or extended voluntary departure, govt.         witnesses,

GROUNDS OF EXCLUSION

All aliens, whether immigrants or nonimmigrants must not be excludable  to legally enter the U.S. (some grounds may be waived – usually must have US Citizen or permanent resident  relative)

A. Health related grounds.

B. Criminal and related grounds

1.  Crimes of moral turpitude

2.  Crimes involving controlled substances (drugs)

3.   Multiple convictions (non moral turpitude)

4.   Prostitution and commercialized vice.

C. Security Related Grounds – Terrorists

D Public Charge grounds

E. Labor Certification for Certain Immigrants -Must prove alien will not take job from U.S. citizens or adversely affect labor conditions.

F. Aliens who previously were deported or committed fraud

GROUNDS OF DEPORTATION

All aliens, whether immigrants or nonimmigrants,  can be deported after entering U.S. (some grounds may be waived – usually must have US Citizen or permanent resident  relative).

Note: Deportation proceedings are civil in nature – no criminal safeguards or procedures apply (right to counsel & jury, 4th & 5th amendment, etc.)

A. Entering U.S. without inspection

B. Excludable at entry (see above)

C. Non-immigrants who overstayed or violated terms of visa

D. Smugglers

E. Marriage fraud

F. Criminal Offenses (crimes of “moral turpitude” involving sentences over 1 yr., multiple convictions of crimes of moral turpitude regardless of sentence, special provisions for aggravated felons.

G. Drug abusers and drug dealers.

H. Certain firearm offenses

I. Use of fraudulent documents (includes use for completion of I-9)

J. Terrorists and national security grounds

K. Public charges – within 5 years. of entry

CRIMINAL OFFENSES INVOLVING IMMIGRATION LAW VIOLATIONS

A. Illegal Entry, or fraudulent entry – 6 mos 1st violation: 2 yrs. for 2nd.

B. Marriage fraud – 2yrs and/or $250,000

C. Reentry of deported alien – 2yrs.

D. Importation of alien for immoral purposes – 10yrs.

E. Bringing in and Harboring Certain Aliens -5 yrs. per alien, govt. only needs to show “reckless disregard” (note: vehicle used to bring in alien can be confiscated)

F. Unauthorized employment of aliens, if pattern or practice – 6 mos. and/or $3,000 per alien,

RIGHTS AND OBLIGATIONS OF ALIENS

A. Constitutional rights applying to property, due process of law and criminal procedures apply to all people in U.S.

B. Right to own property in U.S. with some  nat. security restrictions

C. Must pay income taxes like U.S. residents even if not legally in U.S.

D. Subject to draft laws regardless of status

E. Right to use courts (special federal “alien” jurisdiction)

F. Right to primary education (Plyler v. Doe)

G. Undocumented aliens are eligible for following types of “welfare”:

Emergency medical care (medical in Calif.), school lunch programs

and pre-natal care for low income women (Saves $3 for $1 spent)

H. U.S. citizen children of undocumented aliens eligible for:  AFDC, food stamps, SSI if disabled, Medical/Medicade.

A Glossary of Immigration Terms

Tasoff’s 1st Rule of Immigration Law:  Immigration Law is neither logical nor fair.  It just is.

“Greencard” – A slang term referring to the alien registration card (currently form I-551) issued to lawful permanent residents of the U. S.  Once upon a time (1950’s) a predecessor card was sort of a green color – They are now white with red and blue highlighting, with the aliens picture, fingerprint and coded identification information …. in security embossed plastic.  Nowadays some aliens refer to it as a “white card” or the “3rd card.”

“Alien” – A person who is not a national or citizen of the United States.

“U. S. Citizen” – U. S. citizenship is usually acquired by birth in the territory of the U. S. under the 14th Amendment of the U. S. Constitution, or by naturalization, a procedure established under the INA by which lawful permanent residents and a special few military types can become U. S. citizens.

“Immigrant” – Usually a reference to an alien who is either a lawful permanent resident of the U. S. or someone who intends to reside permanently in the U. S.

“Nonimmigrant” – An alien who is coming to the U. S. on a temporary basis to pursue a specific activity allowed under the terms of the visa issued to him or her.  Examples include tourists, business people (“business” is well defined in regulations and does not include employment in the U. S.), intra-company transferees, students, etc.

“Visa” – A stamp issued by a U. S. Consulate abroad that entitles an alien to come to the U. S. to pursue a specific purpose allowed under the law.  Immigrant visas are for those coming to live permanently in the U. S., nonimmigrant visas are issued to aliens coming in one of the nonimmigrant classifications and who can show they will leave the U. S. when their authorized stay is over.

“Lawful Permanent Resident” – An alien who is allowed to remain permanently in the U. S..  They are eligible to become U. S. citizens after 5 years, or only 3 years if they have been a spouse of a U. S. Citizen for 3 years.  They can also be deported for any number of reasons (criminal convictions, fraud, etc. and can lose their status if they remain outside the U. S. more than 1 year continuously.

“Conditional Permanent Resident Status” – The status which is accorded the spouse and children under 8 years old at the time of the marriage, to a U. S. citizen or a permanent resident where the marriage is less than two years in duration when the immigrant visa or adjustment of status application is granted.  Conditional status must be removed by either timely filing a joint petition or a waiver application.

AN OVERVIEW OF U.S. IMMIGRATION LAW

I. BASIC WAYS TO BECOME A U.S. CITIZEN

A. Be born in the United States or U.S. territory (“jus soli”)

B. Be born abroad with one or both parents U.S. citizens, and meet other requirements (“jus sanguinis”)

C. Naturalize – aliens who have been lawful permanent residents for five 5 (3 years if married to a U.S. citizen).

II. BASIC WAYS TO BECOME A LAWFUL PERMANENT RESIDENT (LPR)

(some categories may be subject to an annual quota)  Includes spouse

and unmarried children under 21 years old of principal applicant.

A. Through Close Relatives (appx 520,000 persons/year)

1. Spouses of U.S. citizens or permanent residents

2. Parents of U.S. citizens who are over twenty-one years old

3. Children of U.S. citizens

4. Unmarried children of permanent residents

5. Brothers or sisters of U.S. citizens who are over 21 years old

B. Through Employment – (appx. 140,000 persons/year)

1. Minister of Religion and certain other religious workers

2. Alien of “extraordinary ability”

3. Outstanding professor or researcher

4. Multinational executive or manager

5. Member of the “professions” holding an advanced degree or an alien of “exceptional ability”.   Must prove alien will not take jobs from U.S. workers or adversely affect labor conditions in U.S. (“Labor Certification”), or that employment is in “national interest”.

6. A skilled worker (requiring at least 2 years of training or experience) or professional.  ”Labor Certification” required.

7.   Unskilled worker – “Labor Certification” required

C. Through Investment – $1 million investment ($500,000 for certain economically distress areas) in U.S. business alien must actively manage, must create 10 new jobs for U.S. workers.

D. Through Asylum (refugee status if abroad) – Must prove alien has a “well founded fear of persecution” based on religion, race, national origin, political belief, or membership in particular social group. (appx. 140,000 persons/year)

E. Through Cancellation of Removal – (Actually a “defense” in removal (“deportation”) proceedings.)  Must have been physically present in the U.S. for at least 10 years; be a person of “good moral character”, and must establish that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

F. Diversity “Lottery” for certain countries – must have H.S.  degree or skills.  To increase immigration from under represented areas. (55,000 persons/year)

III. MAJOR CATEGORIES OF NON IMMIGRANTS

(Some may have permission to work in the United States for specific employers and periods of time.  May include spouses and unmarried children under 21 yrs.)

A. Tourists (B-2) –  coming to U.S. for pleasure – if citizen of “visa waiver program” eligible countries (Europe, Japan, Australia, etc.) no visa required but can only stay for up to 90 days w/o extensions of changes of status.  If coming with visa – 6 months max but can get extension or change to other non-immigrant status.

B. Business people (B-1) – can’t work in U.S. but can meet with customers and colleagues, go to conferences, business training etc.  Can have travel expenses reimbursed by U.S. entity.  Same rules as B-2 visitors re: visas / visa waiver, admission periods, etc.

C. Crewman (C) – no changes or extensions

E. Diplomats and staff (A-1, A-2, A-3 or G-1/2) can work for foreign country in U.S. (consular staff, security, tourism, etc. – stay indefinitely as long as in diplomatic status)

F. Students (F-1) must register under SEVIS system (closely monitored), allowed to stay for completion of academic program, may get “practical training” and  permission to work on campus or summers.  Non academic programs (M-1) also possible but no practical training.  Must get visa from consulate abroad.

G. Exchange students and scholars (J-1), may get training in U.S. or post doc degree.  Included M.D.’s but may be subject to 2 yr. foreign residency requirement.

H. Intracompany transferees (L-1) can work as managers and executives of multination companies in U.S.  Can stay up to 7 years but easily can become LPR’s

I. Professionals (H-1) Must have bachelors degree or higher for profession that normally requires bachelors degree or above.  U.S. employer must sponsor. Valid for up to 6 years but can get extensions if applying for LPR.  Limited by quota which now has backlog.

J. Treaty Traders and Investors (E-1 / E-2) Executives or managers of business entities in U.S. owned at least 50% by citizens of a country with treaty with U.S. which has made a substantial investment or does substantial trade between U.S. and treaty country.  No set $ amount. Can be renewed indefinitely as long as business continues.

K. Trade NAFTA (TN) Currently Canadians and Mexican citizens with occupations on changing list.  Includes “management consultants”, scientific technicians, teachers, RN’s etc. Only valid for one year at a time but can be renewed indefinitely.

L. Religious workers (R-1): ordained ministers and religious workers (lay people) doing religious vocations such as Sunday school teacher, deacon, cantor, choir director, etc.

M. Performers including musicians and actors (O-1) and members of international performing groups (P-1).  Can only work for “event” in U.S.  Need union or peer group approval.

O. Aliens of Distinguished Ability in the Arts, Science or business (O-1):  Must be in top 5% of their “field”.  Need union or peer group approval.  Can be long term. Alternative to H-1.

P. Fiancé(e) (K-1)  Coming to U.S. to marry U.S. citizen.  Almost like LPR case.

IV. OTHER CATEGORIES OF ALIENS “LEGALLY” IN THE U.S. (Employment Authorized)

A. Asylum applicants with pending applications

B. Temporary Residents – aliens who were granted “amnesty” under IRCA and must file for permanent residency

C. Late filing “amnesty” applicants (aliens illegally in U.S. before 1/1/82) covered under several class actions now pending.

D. Temporary Protected Status – humanitarian reasons (eg: Bosnians)

E. Family Fairness Doctrine – Certain relatives of aliens granted “amnesty” who are waiting under quotas to become P.R.’s

F. Others – (individual humanitarian reasons, those with certain pending applications or extended voluntary departure, govt. witnesses,

V. GROUNDS OF EXCLUSION (applies to all aliens at time of “entry” at border or port of entry – includes LPR’S)

All aliens, whether immigrants or nonimmigrants must not be excludable to legally enter the U.S. (some grounds may be waived – usually must have US Citizen or permanent resident relative)

PLEASE NOTE:  THIS IS A VERY TECHNICAL AREA OF LAW, ESPECIALLY ISSUES INVOLVING CRIMINAL ACTIVITIES.  THE DEFINITIONS OF “CONVICTION”, “CRIME OF MORAL TURPITUDE”, “AGGREVATED FELONY”  AND THE LEGAL CONSEQUENCES OF EXPUNGEMENTS AND OTHER POST CONVICTION RELIEF ARE NOT SETTLED LAW.  ALSO, MANY OF THESE ACTIVITIES ARE ALSO VIOLATIONS OF STATE AND FEDERAL CRIMINAL LAWS AND MAY BE PROSECUTED AS SUCH.

A. Health related grounds.

B. Criminal and related grounds

1.  Crimes of moral turpitude (but one petty offense exception)

2.  Crimes involving controlled substances (drugs)

3.   Multiple convictions (non moral turpitude) aggravated sentence over 5 years.

C. Security Related Grounds – Terrorists

D Public Charge grounds

E. Labor Certification for Certain Immigrants -Must prove alien will not take job from U.S. citizens or adversely affect labor conditions.

F. Aliens who previously were deported or committed fraud

G. Unlawful presence in the US for 180 days / 1 year – With several important exceptions, an alien who remains illegally in the U.S. for 180 days and leaves the U.S. cannot legally return for 3 years and if illegally in U.S. for 1 year or more and leaves the U.S. cannot legally return for 10 years.  Includes aliens otherwise eligible to get visa or “green card”.  Waivers possible for spouse and children of U.S. citizens and permanent residents.

VI. GROUNDS OF REMOVAL (formerly call “deportation”)

(Applies all aliens not at border or port of entry – includes LPR’s)

All aliens, whether immigrants or nonimmigrants, can be deported after entering U.S. (some grounds may be waived – usually must have US Citizen or permanent resident relative).

Note: Deportation proceedings are civil in nature – no criminal safeguards or procedures apply (right to counsel & jury, 4th & 5th amendment, etc.)

PLEASE NOTE:  THIS IS A VERY TECHNICAL AREA OF LAW, ESPECIALLY ISSUES INVOLVING CRIMINAL ACTIVITIES.  THE DEFINITIONS OF “CONVICTION”, “CRIME OF MORAL TURPITUDE”, “AGGREVATED FELONY”  AND THE LEGAL CONSEQUENCES OF EXPUNGEMENTS AND OTHER POST CONVICTION RELIEF ARE NOT SETTLED LAW.  ALSO, MANY OF THESE ACTIVITIES ARE ALSO VIOLATIONS OF STATE AND FEDERAL CRIMINAL LAWS AND MAY BE PROSECUTED AS SUCH.

A. Entering U.S. without inspection

B. Excludable at entry (see above)

C. Non-immigrants who overstayed or violated terms of visa

D. Smugglers

E. Marriage fraud

F. Criminal Offenses:  crimes of “moral turpitude” (but one petty offense exception), multiple convictions if aggregated sentence = 5+ yrs,

G. “Aggravated Felonies” – Very Serious because no waivers or relief in removal proceedings are usually available, mandatory detention is required, etc.   May not be a felony or even that serious a crime. Includes crimes of violence, drugs,  firearms/explosives, theft, domestic violence (including violation of restraining order), fraud, perjury, alien smuggling, money laundering, counterfeiting, forgery, child pornography, running a house of prostitution,  slavery, national security offenses, obstruction of justice, bribery or conspiracy to any of the above.

H. Certain firearm offenses,

I. Use of fraudulent documents (includes use for completion of I-9)

J. Terrorists and national security grounds

K. Public charges – within 5 years. of entry

L. Drug Activities – no conviction necessary.

VII. RIGHTS AND OBLIGATIONS OF ALIENS

A. Constitutional rights applying to property, due process of law and criminal procedures apply to all people in U.S.

B. Right to own property in U.S. with some national security restrictions

C. Must pay income taxes like U.S. residents even if not legally in U.S.

D. Subject to draft laws regardless of status

E. Right to use courts (special federal “alien” jurisdiction)

F. Right to primary education (Plyler v. Doe)

G. Undocumented aliens are eligible for following types of “welfare”:

Emergency medical care (medical in Calif.), school lunch programs

and pre-natal care for low income women (Saves $3 for $1 spent)

U.S. citizen children of undocumented aliens eligible for:  AFDC, food stamps, SSI if disabled, Medical/Medicade.

VIII. PROPOSALS FOR CHANGE

On May 25, 2006 the Senate voted 62 to 36 to approve compromise immigration reform legislation (S. 2611, the Comprehensive Immigration Reform Act of 2006), thereby setting the stage for what became a contentious House/Senate conference, in which the Senate-passed bill could not be harmonized with the harsh, enforcement-only bill (H.R. 4437) passed by the House in December 2007. The Senate bill, which adopted the “comprehensive” approach urged by President Bush, included a path to permanent legal status for most of the 12 million undocumented immigrants in the country, a new temporary worker program, significant increases in family- and employment-based permanent visas, important reforms to the agricultural worker program, significant reforms to the high-skilled immigration programs, and relief for undocumented high school graduates (DREAM Act). The bill also included some very harsh enforcement provisions and erosion of due process protections.  After not being able to work out a resolution both the House and Senate set out on a course of “fact gathering” hearings (“road shows”) emphasizing testimony from their particular point of view (Senate pro-reform, House pro-enforcement).  After the 2006 midterm elections, in which many of the politicians that opposed reform failed to be reelected, there was another attempt by the administration and the Senate to pass legislation.  However, by July it was apparent that no compromise could be worked out.  However, in the waning days of this session of Congress, there are three bills pending in Congress:

The Development, Relief, and Education for Alien Minors (DREAM) Act of 2007.  Senator Richard Durbin (D-IL) will offer the DREAM Act as an amendment to H.R. 1585, the Department of Defense authorization bill, which will soon be debated in the Senate. The amendment will need 60 votes to pass. Its adoption would be a giant step forward for the DREAM Act, which would then stand an excellent chance of becoming law this year. If passed, the “Development, Relief, and Education for Alien Minors (DREAM) Act” would facilitate access to college for immigrant students in the U.S. The “DREAM Act” would also provide a path to permanent residence for ambitious immigrant youth who were brought to the U.S. as young children and who want to pursue higher education or military service, enabling them to contribute fully to our society.

AgJOBS (S. 340 and H.R. 371) is supported by both agricultural producers and farm workers. It addresses employers’ need for a stable, legal workforce while providing undocumented farm workers with a path to legalization, if they meet many requirements and continue working on our nation’s farms. This bipartisan bill would help the U.S. by keeping our farms in operation and providing American households with access to safe, homegrown food.

The “Save Our Small and Seasonal Business Act of 2007″ (S. 988) would help small business employers who are reliant on seasonal workers to hire qualified individuals to work during peak months. This exemption is set to expire on September 30, 2007 unless the provisions of S. 988 are passed. Write to your Senators, and urge them to provide relief for small business employers.

I. BASIC WAYS TO BECOME A U.S. CITIZEN

A. Be born in the United States or U.S. territory (“jus soli”)

B. Be born abroad with one or both parents U.S. citizens, and meet other requirements (“jus sanguinis”)

C. Naturalize – aliens who have been lawful permanent residents for five 5 (3 years if married to a U.S. citizen).

II. BASIC WAYS TO BECOME A LAWFUL PERMANENT RESIDENT (LPR)

(some categories may be subject to an annual quota)  Includes spouse

and unmarried children under 21 years old of principal applicant.

A. Through Close Relatives (appx 520,000 persons/year)

1. Spouses of U.S. citizens or permanent residents

2. Parents of U.S. citizens who are over twenty-one years old

3. Children of U.S. citizens

4. Unmarried children of permanent residents

5. Brothers or sisters of U.S. citizens who are over 21 years old

B. Through Employment – (appx. 140,000 persons/year)

1. Minister of Religion and certain other religious workers

2. Alien of “extraordinary ability”

3. Outstanding professor or researcher

4. Multinational executive or manager

5. Member of the “professions” holding an advanced degree or an alien of “exceptional ability”.   Must prove alien will not take jobs from U.S. workers or adversely affect labor conditions in U.S. (“Labor Certification”), or that employment is in “national interest”.

6. A skilled worker (requiring at least 2 years of training or experience) or professional.  ”Labor Certification” required.

7.   Unskilled worker – “Labor Certification” required

C. Through Investment – $1 million investment ($500,000 for certain economically distress areas) in U.S. business alien must actively manage, must create 10 new jobs for U.S. workers.

D. Through Asylum (refugee status if abroad) – Must prove alien has a “well founded fear of persecution” based on religion, race, national origin, political belief, or membership in particular social group. (appx. 140,000 persons/year)

E. Through Cancellation of Removal – (Actually a “defense” in removal (“deportation”) proceedings.)  Must have been physically present in the U.S. for at least 10 years; be a person of “good moral character”, and must establish that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

F. Diversity “Lottery” for certain countries – must have H.S.  degree or skills.  To increase immigration from under represented areas. (55,000 persons/year)

III. MAJOR CATEGORIES OF NON IMMIGRANTS

(Some may have permission to work in the United States for specific employers and periods of time.  May include spouses and unmarried children under 21 yrs.)

A. Tourists (B-2) –  coming to U.S. for pleasure – if citizen of “visa waiver program” eligible countries (Europe, Japan, Australia, etc.) no visa required but can only stay for up to 90 days w/o extensions of changes of status.  If coming with visa – 6 months max but can get extension or change to other non-immigrant status.

B. Business people (B-1) – can’t work in U.S. but can meet with customers and colleagues, go to conferences, business training etc.  Can have travel expenses reimbursed by U.S. entity.  Same rules as B-2 visitors re: visas / visa waiver, admission periods, etc.

C. Crewman (C) – no changes or extensions

E. Diplomats and staff (A-1, A-2, A-3 or G-1/2) can work for foreign country in U.S. (consular staff, security, tourism, etc. – stay indefinitely as long as in diplomatic status)

F. Students (F-1) must register under SEVIS system (closely monitored), allowed to stay for completion of academic program, may get “practical training” and  permission to work on campus or summers.  Non academic programs (M-1) also possible but no practical training.  Must get visa from consulate abroad.

G. Exchange students and scholars (J-1), may get training in U.S. or post doc degree.  Included M.D.’s but may be subject to 2 yr. foreign residency requirement.

H. Intracompany transferees (L-1) can work as managers and executives of multination companies in U.S.  Can stay up to 7 years but easily can become LPR’s

I. Professionals (H-1) Must have bachelors degree or higher for profession that normally requires bachelors degree or above.  U.S. employer must sponsor. Valid for up to 6 years but can get extensions if applying for LPR.  Limited by quota which now has backlog.

J. Treaty Traders and Investors (E-1 / E-2) Executives or managers of business entities in U.S. owned at least 50% by citizens of a country with treaty with U.S. which has made a substantial investment or does substantial trade between U.S. and treaty country.  No set $ amount. Can be renewed indefinitely as long as business continues.

K. Trade NAFTA (TN) Currently Canadians and Mexican citizens with occupations on changing list.  Includes “management consultants”, scientific technicians, teachers, RN’s etc. Only valid for one year at a time but can be renewed indefinitely.

L. Religious workers (R-1): ordained ministers and religious workers (lay people) doing religious vocations such as Sunday school teacher, deacon, cantor, choir director, etc.

M. Performers including musicians and actors (O-1) and members of international performing groups (P-1).  Can only work for “event” in U.S.  Need union or peer group approval.

O. Aliens of Distinguished Ability in the Arts, Science or business (O-1):  Must be in top 5% of their “field”.  Need union or peer group approval.  Can be long term. Alternative to H-1.

P. Fiancé(e) (K-1)  Coming to U.S. to marry U.S. citizen.  Almost like LPR case.

IV. OTHER CATEGORIES OF ALIENS “LEGALLY” IN THE U.S. (Employment Authorized)

A. Asylum applicants with pending applications

B. Temporary Residents – aliens who were granted “amnesty” under IRCA and must file for permanent residency

C. Late filing “amnesty” applicants (aliens illegally in U.S. before 1/1/82) covered under several class actions now pending.

D. Temporary Protected Status – humanitarian reasons (eg: Bosnians)

E. Family Fairness Doctrine – Certain relatives of aliens granted “amnesty” who are waiting under quotas to become P.R.’s

F. Others – (individual humanitarian reasons, those with certain pending applications or extended voluntary departure, govt. witnesses,

V. GROUNDS OF EXCLUSION (applies to all aliens at time of “entry” at border or port of entry – includes LPR’S)

All aliens, whether immigrants or nonimmigrants must not be excludable to legally enter the U.S. (some grounds may be waived – usually must have US Citizen or permanent resident relative)

PLEASE NOTE:  THIS IS A VERY TECHNICAL AREA OF LAW, ESPECIALLY ISSUES INVOLVING CRIMINAL ACTIVITIES.  THE DEFINITIONS OF “CONVICTION”, “CRIME OF MORAL TURPITUDE”, “AGGREVATED FELONY”  AND THE LEGAL CONSEQUENCES OF EXPUNGEMENTS AND OTHER POST CONVICTION RELIEF ARE NOT SETTLED LAW.  ALSO, MANY OF THESE ACTIVITIES ARE ALSO VIOLATIONS OF STATE AND FEDERAL CRIMINAL LAWS AND MAY BE PROSECUTED AS SUCH.

A. Health related grounds.

B. Criminal and related grounds

1.  Crimes of moral turpitude (but one petty offense exception)

2.  Crimes involving controlled substances (drugs)

3.   Multiple convictions (non moral turpitude) aggravated sentence over 5 years.

C. Security Related Grounds – Terrorists

D Public Charge grounds

E. Labor Certification for Certain Immigrants -Must prove alien will not take job from U.S. citizens or adversely affect labor conditions.

F. Aliens who previously were deported or committed fraud

G. Unlawful presence in the US for 180 days / 1 year – With several important exceptions, an alien who remains illegally in the U.S. for 180 days and leaves the U.S. cannot legally return for 3 years and if illegally in U.S. for 1 year or more and leaves the U.S. cannot legally return for 10 years.  Includes aliens otherwise eligible to get visa or “green card”.  Waivers possible for spouse and children of U.S. citizens and permanent residents.

VI. GROUNDS OF REMOVAL (formerly call “deportation”)

(Applies all aliens not at border or port of entry – includes LPR’s)

All aliens, whether immigrants or nonimmigrants, can be deported after entering U.S. (some grounds may be waived – usually must have US Citizen or permanent resident relative).

Note: Deportation proceedings are civil in nature – no criminal safeguards or procedures apply (right to counsel & jury, 4th & 5th amendment, etc.)

PLEASE NOTE:  THIS IS A VERY TECHNICAL AREA OF LAW, ESPECIALLY ISSUES INVOLVING CRIMINAL ACTIVITIES.  THE DEFINITIONS OF “CONVICTION”, “CRIME OF MORAL TURPITUDE”, “AGGREVATED FELONY”  AND THE LEGAL CONSEQUENCES OF EXPUNGEMENTS AND OTHER POST CONVICTION RELIEF ARE NOT SETTLED LAW.  ALSO, MANY OF THESE ACTIVITIES ARE ALSO VIOLATIONS OF STATE AND FEDERAL CRIMINAL LAWS AND MAY BE PROSECUTED AS SUCH.

A. Entering U.S. without inspection

B. Excludable at entry (see above)

C. Non-immigrants who overstayed or violated terms of visa

D. Smugglers

E. Marriage fraud

F. Criminal Offenses:  crimes of “moral turpitude” (but one petty offense exception), multiple convictions if aggregated sentence = 5+ yrs,

G. “Aggravated Felonies” – Very Serious because no waivers or relief in removal proceedings are usually available, mandatory detention is required, etc.   May not be a felony or even that serious a crime. Includes crimes of violence, drugs,  firearms/explosives, theft, domestic violence (including violation of restraining order), fraud, perjury, alien smuggling, money laundering, counterfeiting, forgery, child pornography, running a house of prostitution,  slavery, national security offenses, obstruction of justice, bribery or conspiracy to any of the above.

H. Certain firearm offenses,

I. Use of fraudulent documents (includes use for completion of I-9)

J. Terrorists and national security grounds

K. Public charges – within 5 years. of entry

L. Drug Activities – no conviction necessary.

VII. RIGHTS AND OBLIGATIONS OF ALIENS

A. Constitutional rights applying to property, due process of law and criminal procedures apply to all people in U.S.

B. Right to own property in U.S. with some national security restrictions

C. Must pay income taxes like U.S. residents even if not legally in U.S.

D. Subject to draft laws regardless of status

E. Right to use courts (special federal “alien” jurisdiction)

F. Right to primary education (Plyler v. Doe)

G. Undocumented aliens are eligible for following types of “welfare”:

Emergency medical care (medical in Calif.), school lunch programs

and pre-natal care for low income women (Saves $3 for $1 spent)

U.S. citizen children of undocumented aliens eligible for:  AFDC, food stamps, SSI if disabled, Medical/Medicade.

Change of Address Procedures

Anyone who is not an American citizen is required by the immigration law to notify the US Citizenship and Immigration Service (CIS) within ten days of changing their address.     The requirement also applies to non-American family members.  Failure to comply with the notification requirement can result in deportation.  Please inform your children of this requirement as they grow older and move out of your household.

We have attached the most recent version of the change of address form, the AR-11.  Use the form to report your change of address to the CIS.  Make additional copies for other members of your family.  If the form has expired (look for the expiration date on the top or bottom of the form) you may obtain a current version by contacting the CIS by telephone, by going to the CIS website at www.cis.gov, or by calling our office.

Complete the AR-11, make a copy, and then mail it to the address indicated on the bottom of the form by certified return receipt mail.  It is important that you kept the photocopy and return receipt with your important records and do not throw away.