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Outline I.Introduction to Immigration Types of Status Navigating the System Culture Clash with the Legal System II.Collaboration Applications Cancellation.

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Presentation on theme: "Outline I.Introduction to Immigration Types of Status Navigating the System Culture Clash with the Legal System II.Collaboration Applications Cancellation."— Presentation transcript:

1 Outline I.Introduction to Immigration Types of Status Navigating the System Culture Clash with the Legal System II.Collaboration Applications Cancellation of Removal – the story of Jonathan U Visa – the story of Maria III.Cultural Issues in the Legal System

2 Types of Immigration Undocumented Temporary Immigration Permanent Residence Naturalized Citizen

3 Undocumented Overstay Unlawful crossing No access to adjustment of status

4 Consequences No right to work No right to means-tested benefits No right to stay in the country Visa process is long Must leave country to get any status 10-20 year bar

5 Examples Maria – brought as small child Mark – USC father, adoption

6 Nonimmigrants Business RelatedFamily Related Temporary for businessFiance(e)s of USC Temporary workers Religious workers Tourism Law Enforcement/Victim Temporary for pleasureVictims of Trafficking Visa Waiver ProgramVictims of Violence Students/exchange Noncitizens assisting law enforcement

7 Benefits/Rights Can remain for specific period of time May be able to work Potential to become a permanent resident IF they are eligible. Subject to deportation for certain actions

8 Lawful Permanent Residence Asylum Business Diversity/Lottery Family

9 Visa Bulletin FamilyGeneralChinaIndiaMexicoPhilippinesAvailable USC adult single children 2-15-2006 12-22-19924-1-199723,400 LPR spouse and children 6-1-2010 3-1-20106-1-201087,934 LPR adult single children 6-1-2005 6-22-19929-1-200226,266 USC adult married children 6-1-2002 10-22-19923-1-199523,400 USC siblings 1-1-2002 12-15-19954-1-199165,000

10 Benefits Can stay permanently Can freely work Can’t vote! Can become a naturalized citizen after at least 5 years CAN STILL BE DEPORTED

11 Asd Perjury Noncriminal possession Miguel TejadaAmy Winehouse Hugh GrantMIA Procuring Parent as “terrorist” prostitute

12 Navigating the System 1.Undocumented – No process – Constant potential for deportation 2.Applications – Lengthy timeframe – Lack of information available from government during process 3.Court – Lengthy timeframe – Full hearing with opposing counsel, and judge to determine eligibility

13 Cancellation of removal 10 years continuous physical presence No convictions Good moral character Exceptional and extremely unusual hardship

14 U Visa Victim of crime In the United States Helpful to prosecution Substantial mental or physical abuse

15 Cultural Issues Demeanor Terminology Cultural context


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