Immigration Law Basics Paola Ledesma, Esq. Ledesma Immigration Law Office MAY 2, 2014

Government Agencies  US Dept. of Homeland Security (DHS) 1.US Citizenship and Immigration Services (CIS) 2.US Immigration and Customs Enforcement (ICE) 3.US Customs and Border Protection (CBP)  US Dept. of State (DOS)  US Dept. of Labor (DOL)  US Dept. of Justice (DOJ) - Executive Office for Immigration Review (EOIR)

Control  Inadmissibility: health-related, economic, criminal (CIMT and drugs), prior removal, unlawful presence, misrepresentation, false claim, terrorism  Deportability: unlawful presence, failure to maintain status, marriage fraud, false documents, false claim, terrorism, criminal (CIMT, drugs, and Agg Fel)  Non-immigrant visas  Immigrant visas

Enforcement  ICE  287(g) program (Carrollton Police Department, Harris County Sheriff's Office)  Secure Communities program  EOIR  Immigration Court  Board of Immigration Appeals

Major Pathways to Permanent Resident Status Family Employment Asylum

Family-Based Immigration Categories Immediate Relatives: Spouse, Parent, or Child of US Citizen Preference Categories: (1) Unmarried Sons and Daughters of US Citizens, (2) Spouses and Children and Unmarried Sons and Daughters of Permanent Residents, (3) Married Sons and Daughters of Citizens, (4) Brothers and Sisters of Adult Citizens

Employment-Based Immigration (Selected Categories) (1) Extraordinary Ability, Outstanding Professor, Outstanding Researcher (2) Advanced Degree, National Interest Waiver (3) Professional, Skilled, and Other Workers Religious Workers Investors

Asylum Suffered persecution Persecution based on race, religion, nationality, political opinion, or social group File within one year after entry Affirmative: file with Asylum Office (DHS) Defensive: file with Immigration Court (EOIR)

Quotas Numerical limits for categories and countries One country cannot exceed 7% of limits Causes backlogs

Visa Bulletin for February 2014 Family- Sponsor ed All Chargeability Areas Except Those Listed CHINA- mainland born INDIAMEXICOPHILIPPINES F108MAR07 15NOV9301FEB02 F2A08SEP13 15APR1208SEP13 F2B01FEB07 15MAY93 22JUN03 F301SEP03 01JUL9301MAR93 F408DEC01 01DEC9601NOV

Visa Bulletin for February 2014 Employ ment- Based All Chargeability Areas Except Those Listed China - mainland born INDIAMEXICOPHILIPPINES 1stCCCCC 2ndC15APR0915NOV04CC 3rd01OCT12 01OCT0301OCT1201NOV07 Other Workers 01OCT12 01OCT0301OCT1201NOV07 4thCCCCC Religious and 5thEB-5 C C C C C

Family Immigration Details  Get in line - first file I-130 with CIS  When visa is available, file for Permanent Resident Status  In US, use Forms I-485, I-765, and I-131 (if eligible)  Outside US, use National Visa Center (DOS)  Concerns: Legal entry, criminal history, status issues

Employment Immigration Details  Depends on category  Get in line - unless excepted, first file Labor Certification with DOL  Once Labor Certification is approved, file I-140 with CIS  When visa is available, file for Permanent Resident Status  In US, use Form I-485, I-765, and I-131 (if eligible)  Outside US, use National Visa Center (DOS)  Concerns: Legal entry, criminal history, status issues

Citizenship Obtained at Birth:  Born in US  Born to US Citizen parents  Born to one US Citizen parent Naturalization:  Permanent Resident through marriage to US Citizen and remain married for 3 years  Permanent Resident for 5 years

Naturalization Requirements Statutory:  Be 18 years or older  Be a Permanent Resident for requisite time (either 3 or 5 years)  Reside for 3 months in the state where application is filed  Be physically present in US for one half of the requisite time  Be a person of good moral character for the requisite time - no deportability issues  Knowledge of English language and US civics

Victims  VAWA  U visas  T visas

Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010)559 U.S. 356 Failure of a defendant’s attorney to advise him about the potential immigration consequences of pleading guilty to a deportable criminal offense constitutes ineffective assistance of counsel. Potential implications of that decision for state criminal court judges in: (1) taking a guilty plea; (2) appointing counsel for indigent defendants; (3) assuring fairness for unrepresented defendants; and (4) becoming familiar with Federal immigration law

Comprehensive immigration reform proposal Immigrant visas Registered Provisional Immigrant Status (RPI) The Development, Relief, and Education for Alien Minors (DREAM) Act (we already have DACA) Earned Status Adjustment of Agricultural Workers - Blue Card Status Future Immigration - Family-based, Employment-based, and Merit-based

New Procedures (Executive Orders) Deferred Action for Childhood Arrival (DACA, June 15, 2012) I-601A Waiver (March 4, 2013)

Questions? Paola Ledesma Ledesma Immigration Law Office S. Loop 289, Suite 240-T Lubbock, TX Ledesmaimmigration.com