Power Point Presentation by: Gloria Roa Bodin, Esq. Immigration Law for Paralegals FOURTH EDITION By: M aria Isabel Casablanca & Gloria Roa Bodin Copyright.

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Presentation transcript:

Power Point Presentation by: Gloria Roa Bodin, Esq. Immigration Law for Paralegals FOURTH EDITION By: M aria Isabel Casablanca & Gloria Roa Bodin Copyright © 2016 Gloria Roa Bodin and Maria Isabel Casablanca. All rights reserved.

Summary of the Immigration System The United States Immigration classifications are divided into two major systems, i.e., temporary and permanent residence. The visas which start with one alphabetical letter, e.g., B-2, are temporary visas. The permanent residence visas are employment or relative-based. The United States Immigration classifications are divided into two major systems, i.e., temporary and permanent residence. The visas which start with one alphabetical letter, e.g., B-2, are temporary visas. The permanent residence visas are employment or relative-based. This presentation is divided into two major visa systems: 1: Non-immigrant (NIV), which is temporary visa. 1: Non-immigrant (NIV), which is temporary visa. 2: Immigrant Visa (IV), which grants a “Green Card” or Lawful Permanent Residence. 2: Immigrant Visa (IV), which grants a “Green Card” or Lawful Permanent Residence. The United States Immigration classifications are divided into two major systems, i.e., temporary and permanent residence. The visas which start with one alphabetical letter, e.g., B-2, are temporary visas. The permanent residence visas are employment or relative-based. The United States Immigration classifications are divided into two major systems, i.e., temporary and permanent residence. The visas which start with one alphabetical letter, e.g., B-2, are temporary visas. The permanent residence visas are employment or relative-based. This presentation is divided into two major visa systems: 1: Non-immigrant (NIV), which is temporary visa. 1: Non-immigrant (NIV), which is temporary visa. 2: Immigrant Visa (IV), which grants a “Green Card” or Lawful Permanent Residence. 2: Immigrant Visa (IV), which grants a “Green Card” or Lawful Permanent Residence. Copyright © 2016 Gloria Roa Bodin and Maria Isabel Casablanca. All rights reserved.

MEETING WITH THE CLIENT Initial client contact; setting up appointment/new vs. status calls Initial client contact; setting up appointment/new vs. status calls Handling Interview Handling Interview Interview/Intake Sheet/Consultation fee? Interview/Intake Sheet/Consultation fee? Review of entry documents, if any; EWI problems Review of entry documents, if any; EWI problems “3/10 unlawful presence rule, bar to adjustment” “3/10 unlawful presence rule, bar to adjustment” Criminal issues Criminal issues Controlling talkative client: narrowing the issues Controlling talkative client: narrowing the issues Exploring all options; visa unavailability problems Exploring all options; visa unavailability problems Setting the fee Setting the fee Initial client contact; setting up appointment/new vs. status calls Initial client contact; setting up appointment/new vs. status calls Handling Interview Handling Interview Interview/Intake Sheet/Consultation fee? Interview/Intake Sheet/Consultation fee? Review of entry documents, if any; EWI problems Review of entry documents, if any; EWI problems “3/10 unlawful presence rule, bar to adjustment” “3/10 unlawful presence rule, bar to adjustment” Criminal issues Criminal issues Controlling talkative client: narrowing the issues Controlling talkative client: narrowing the issues Exploring all options; visa unavailability problems Exploring all options; visa unavailability problems Setting the fee Setting the fee Copyright © 2016 Gloria Roa Bodin and Maria Isabel Casablanca. All rights reserved.

Retainer agreement/sequential receipts Retainer agreement/sequential receipts Opening a file Opening a file Case management system: sequential file number Case management system: sequential file number Color coded folders Color coded folders Attaching interview sheet/ documents to file Attaching interview sheet/ documents to file Assigning file to paralegal/attorney Assigning file to paralegal/attorney Tickler system Tickler system OFFICE PROCEDURES Copyright © 2016 Gloria Roa Bodin and Maria Isabel Casablanca. All rights reserved.

Summary of the Immigration System USCIS Service Centers where applications are processed: USCIS Service Centers where applications are processed: Vermont Service Center (VSC) Vermont Service Center (VSC) Texas Service Center (TSC) Texas Service Center (TSC) California Service Center (CSC) California Service Center (CSC) Nebraska Service Center (NSC) Nebraska Service Center (NSC) National Benefits Center National Benefits Center See USCIS Service Centers where applications are processed: USCIS Service Centers where applications are processed: Vermont Service Center (VSC) Vermont Service Center (VSC) Texas Service Center (TSC) Texas Service Center (TSC) California Service Center (CSC) California Service Center (CSC) Nebraska Service Center (NSC) Nebraska Service Center (NSC) National Benefits Center National Benefits Center See Copyright © 2016 Gloria Roa Bodin and Maria Isabel Casablanca. All rights reserved.

Temporary Visas Visitors for Business (B-1) and Pleasure (B-2) Individuals entering the United States as visitors for business (B-1) or pleasure (B-2) enter with a temporary nonimmigrant visa. Individuals entering the United States as visitors for business (B-1) or pleasure (B-2) enter with a temporary nonimmigrant visa. Visa Waiver Program (VWP) is another visitor classification. The VWP program allows nationals from certain participating countries to enter the United States without applying for a B2 visa at the consulate. This program automatically grants entry at the border or port of entry for ninety days. Visa Waiver Program (VWP) is another visitor classification. The VWP program allows nationals from certain participating countries to enter the United States without applying for a B2 visa at the consulate. This program automatically grants entry at the border or port of entry for ninety days. Individuals entering the United States as visitors for business (B-1) or pleasure (B-2) enter with a temporary nonimmigrant visa. Individuals entering the United States as visitors for business (B-1) or pleasure (B-2) enter with a temporary nonimmigrant visa. Visa Waiver Program (VWP) is another visitor classification. The VWP program allows nationals from certain participating countries to enter the United States without applying for a B2 visa at the consulate. This program automatically grants entry at the border or port of entry for ninety days. Visa Waiver Program (VWP) is another visitor classification. The VWP program allows nationals from certain participating countries to enter the United States without applying for a B2 visa at the consulate. This program automatically grants entry at the border or port of entry for ninety days. Copyright © 2016 Gloria Roa Bodin and Maria Isabel Casablanca. All rights reserved.

Temporary Visas Visitors for Business (B-1) and Pleasure (B-2) The application for a B-1 and/or B-2 visa is filed with the consulate or embassy in the home country or current place of residence abroad. The process involves an interview with the consular officer, who will analyze the application and interviews the individual. If the officer suspects preconceived intent, such as intent to work or marry rather than visit, the application will be denied. Applicant must have ties to home country and adequate funds to carry out purpose of visit. The application for a B-1 and/or B-2 visa is filed with the consulate or embassy in the home country or current place of residence abroad. The process involves an interview with the consular officer, who will analyze the application and interviews the individual. If the officer suspects preconceived intent, such as intent to work or marry rather than visit, the application will be denied. Applicant must have ties to home country and adequate funds to carry out purpose of visit. Copyright © 2016 Gloria Roa Bodin and Maria Isabel Casablanca. All rights reserved.

Temporary Visas Visitors for Business (B-1) and Pleasure (B-2) An Applicant must complete the nonimmigrant Visa Application, DS The following documents are required: An Applicant must complete the nonimmigrant Visa Application, DS The following documents are required: (a) passport valid at least six months beyond intended stay(s) in the U.S.; (a) passport valid at least six months beyond intended stay(s) in the U.S.; (b) One recent photo; (b) One recent photo; (c) Proof of ties to home country, e.g., savings account, employment, tax returns, and/or real estate owned; (c) Proof of ties to home country, e.g., savings account, employment, tax returns, and/or real estate owned; (d) (i) If visit is for business, a letter from the employer outlining temporary nature of business trip, (d) (i) If visit is for business, a letter from the employer outlining temporary nature of business trip, (ii) If visit is for pleasure, a letter of invitation from friend or relative in the U.S. and notarized affidavit of support, together with a U.S. tax return; (e) Copy of round trip airline ticket; and (e) Copy of round trip airline ticket; and (f) Proof of family relationship, e.g., marriage certificate and birth certificate(s). (f) Proof of family relationship, e.g., marriage certificate and birth certificate(s). An Applicant must complete the nonimmigrant Visa Application, DS The following documents are required: An Applicant must complete the nonimmigrant Visa Application, DS The following documents are required: (a) passport valid at least six months beyond intended stay(s) in the U.S.; (a) passport valid at least six months beyond intended stay(s) in the U.S.; (b) One recent photo; (b) One recent photo; (c) Proof of ties to home country, e.g., savings account, employment, tax returns, and/or real estate owned; (c) Proof of ties to home country, e.g., savings account, employment, tax returns, and/or real estate owned; (d) (i) If visit is for business, a letter from the employer outlining temporary nature of business trip, (d) (i) If visit is for business, a letter from the employer outlining temporary nature of business trip, (ii) If visit is for pleasure, a letter of invitation from friend or relative in the U.S. and notarized affidavit of support, together with a U.S. tax return; (e) Copy of round trip airline ticket; and (e) Copy of round trip airline ticket; and (f) Proof of family relationship, e.g., marriage certificate and birth certificate(s). (f) Proof of family relationship, e.g., marriage certificate and birth certificate(s). Copyright © 2016 Gloria Roa Bodin and Maria Isabel Casablanca. All rights reserved.

Temporary Visas Visitors for Business (B-1) and Pleasure (B-2) Once the consular officer is satisfied with applicant’s true intent, a visa sticker will be affixed to the passport, stating, among other things, the issuance date and expiration date. Some visas are granted for as little as thirty days and others for up to ten years. Once the consular officer is satisfied with applicant’s true intent, a visa sticker will be affixed to the passport, stating, among other things, the issuance date and expiration date. Some visas are granted for as little as thirty days and others for up to ten years. Sample of Visa Stamp Copyright © 2016 Gloria Roa Bodin and Maria Isabel Casablanca. All rights reserved.

Temporary Visas Visitors for Business (B-1) and Pleasure (B-2) Permissible Activities for of B-1 Visa Holders (Visitors for Business): Commercial transactions that do not involve gainful U.S. employment, e.g., taking orders for foreign goods; Commercial transactions that do not involve gainful U.S. employment, e.g., taking orders for foreign goods; Contract negotiation; Contract negotiation; Installation, service, or repair of commercial/industrial equipment Installation, service, or repair of commercial/industrial equipment Consultation with business associates; Consultation with business associates; Litigation; Litigation; Participation in scientific, educational, professional or business conventions, conferences, or seminars; Participation in scientific, educational, professional or business conventions, conferences, or seminars; Professional entertainers involved in cultural events, paid for and sponsored by a sending country that will involve public appearance before a non-paying audience; Professional entertainers involved in cultural events, paid for and sponsored by a sending country that will involve public appearance before a non-paying audience; Permissible Activities for of B-1 Visa Holders (Visitors for Business): Commercial transactions that do not involve gainful U.S. employment, e.g., taking orders for foreign goods; Commercial transactions that do not involve gainful U.S. employment, e.g., taking orders for foreign goods; Contract negotiation; Contract negotiation; Installation, service, or repair of commercial/industrial equipment Installation, service, or repair of commercial/industrial equipment Consultation with business associates; Consultation with business associates; Litigation; Litigation; Participation in scientific, educational, professional or business conventions, conferences, or seminars; Participation in scientific, educational, professional or business conventions, conferences, or seminars; Professional entertainers involved in cultural events, paid for and sponsored by a sending country that will involve public appearance before a non-paying audience; Professional entertainers involved in cultural events, paid for and sponsored by a sending country that will involve public appearance before a non-paying audience; Copyright © 2016 Gloria Roa Bodin and Maria Isabel Casablanca. All rights reserved.

The full set of PowerPoint slides is available upon adoption. for more information.