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

2. 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) www.LedesmaImmigration.com 806-589-3090

3. 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 www.LedesmaImmigration.com 806-589-3090

4. Enforcement  ICE  287(g) program (Carrollton Police Department, Harris County Sheriff's Office)  Secure Communities program  EOIR  Immigration Court  Board of Immigration Appeals www.LedesmaImmigration.com 806-589-3090

5. Major Pathways to Permanent Resident Status Family Employment Asylum www.LedesmaImmigration.com 806-589-3090

6. 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. www.LedesmaImmigration.com 806-589-3090

7. 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 www.LedesmaImmigration.com 806-589-3090

8. 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) www.LedesmaImmigration.com 806-589-3090

9. Quotas Numerical limits for categories and countries One country cannot exceed 7% of limits Causes backlogs www.LedesmaImmigration.com 806-589-3090

10. 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 01DEC9601NOV90 www.LedesmaImmigration.com 806-589- 3090

11. 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 www.LedesmaImmigration.com 806-589-3090

12. 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 www.LedesmaImmigration.com 806-589-3090

13. 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 www.LedesmaImmigration.com 806-589-3090

14. 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 www.LedesmaImmigration.com 806-589-3090

15. 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 www.LedesmaImmigration.com 806-589-3090

16. Victims  VAWA  U visas  T visas www.LedesmaImmigration.com 806-589-3090

17. 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. www.HatchLawOffice.com 919-688-1788

18. 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 www.LedesmaImmigration.com 806-589-3090

19. New Procedures (Executive Orders) Deferred Action for Childhood Arrival (DACA, June 15, 2012) I-601A Waiver (March 4, 2013) www.HatchLawOffice.com 919-688-1788

20. Questions? Paola Ledesma Ledesma Immigration Law Office 806-589-3090 info@ledesmaimmigration.com 3223 S. Loop 289, Suite 240-T Lubbock, TX 79423 Ledesmaimmigration.com