How do you come legally to the United States? Non-immigrant Visas Immigrant Visas Humanitarian Relief.

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Presentation transcript:

How do you come legally to the United States? Non-immigrant Visas Immigrant Visas Humanitarian Relief

Non-Immigrant Visas Visitor Visa (Business and Tourist) - B Student Visa – F Temporary Workers –Agricultural Workers H-2A –Laborers H-2B –Workers with highly specialized knowledge – H-1B –Nurses – H-1A Exchange Visitors – J Extraordinary Individuals – O Diplomats –A NAFTA workers – TN Visa Waiver Program Intercompany Transferees – L Border Crossing Cards – Mexicans Cultural exchange visitors - Q Religious workers- R

Immigrant Visas: Lawful Permanent Residence Family- Based Employment- Based Diversity Lottery Special Immigrant Juvenile Status 1820 – 8,385 people obtained permanent residence 2010 – 1,042,625 people obtained permanent residence

Family Based Immediate Relatives –US citizen Spouse –US citizen child over age 21 –US citizen parent of unmarried child under the age of 21 Preference categories –Unmarried sons and daughters (over 21) of USCs –Spouses and unmarried, under 21 year old children of lawful permanent residents –Unmarried over 21 year old children of LPRs –Siblings of US citizens.

Diego’s Family USC Uncle USC Cousins LPR Brother USC Sister

Visa Bulletin: Family Sponsored Preference All Charge- China India Mexico Philippines Category ability areas__________________________________________ F1 15OCT04 15OCT04 15OCT04 15APR93 15APR97 F2A 22APR0922APR09 22APR09 22MAR09 22APR09 F2B 08SEP0308SEP03 03SEP03 01DEC92 01SEP01 F3 01NOV0101NOV01 01NOV01 22DEC92 15JUL92 F4 15AUG0015AUG00 15AUG00 08MAY96 08OCT88

Greencard Stats Of the more than 1 million people who obtained permanent residence in 2010: 214,589 – family sponsored 476,414 – immediate relatives 148,343 – employment based 49,763 – diversity 136,291 – refugees/asylees

Humanitarian Relief Refugees – A person outside their country of nationality who is unwilling or unable to return because of past persecution or a well- founded fear of future persecution on account of their race, religion, nationality, political opinion or membership in a particular social group. Asylum – Must meet same definition, but applying from within the U.S. U Visas – Victims of crimes who have suffered serious injury and assisted the police or prosecution T Visas – Victims of human trafficking Temporary Protected Status -

Detention and Deportation 2001: 189,026 Deportations 2009: 395,165 Deportations 1995: 70,000 detained 2005: 256,842 detained 2011: About 400,000 detained Remember: 1,042,625 became LPRs in 2010

C RIME C ATEGORIES OF C ONVICTED A LIENS R EMOVED IN 2010

What is Immigration Detention ≠ Awaiting Deportation Civil No standards No right to counsel Poor conditions Indefinite Mandatory

Illegal Immigrants Unauthorized / Undocumented –EWI –Visa Overstay How do we know how many are in the US? –Residual Method –Border Apprehensions DHS estimates –Unauthorized population grew 27% from 2000 to 2009 –But dropped from 11.6 million in 2008 to 10.8 million in 2009 –In 2009: 63% of unauthorized immigrants had entered the U.S. before % were from Mexico

Most concentrated immigration wave since the mid-nineteenth century – % of immigrants were from Ireland – % of immigrants were from Germany – % of immigrants were from Mexico

Amnesty 1986 Immigration Reform Control Act –Employer Sanctioning –Permanent Residence for those living continuously in the U.S. since Jan. 1, 1982 and Seasonal Agricultural Workers before –Nearly 3 million people benefitted. More than 80% were Mexican. –Tighter border enforcement Legal Immigration Family Equity Act – aka 245(i) –Persons who EWI’d can become permanent residents by paying a $1,000 fine if a petition was filed before April 30, 2001.

Social Services No real statistics Services used by undocumented immigrants –Public Schools –Emergency Health Services –WIC –Incarceration Taxes they pay –Payroll taxes – Social Security, Medicare –Income taxes –Excise taxes