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Lesson 5: How to Immigrate to the United States
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Introduction U.S. immigration laws govern: Who can come to this country; How long they can stay; and The benefits they may access.
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Why do People Migrate? why people leave List reasons that explain why people leave one place to go to another beginning with the letter…F home country new country
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The F’s of Migration Migration is an age-old story. People migrate from one place to another: FAMILY –To be reunited with FAMILY FEED FINANCIALLY –To FEED and FINANCIALLY support their family FLEE FEAR –To FLEE a bad situation or out of FEAR of harm FREEDOM –To seek FREEDOM and safety FAITH –To pursue their FAITH FUN –To seek FUN and adventure
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1. U.S. Citizen 2. Legal Permanent Resident (LPR) 3. Asylee / Refugee 4. Temporary Visa Holder 5. Undocumented Person The Hierarchy of U.S. Immigration
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Non–immigrants / Temporary Status A.Students B.Temporary Workers C.Visitors D.Others People who stay for a limited amount of time:
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Immigrants/ Lawful Permanent Residents A.Lawful permanent residents (LPR’s) have permission to remain in the US for as long as they choose. B.They must replace their green card every 10 years and remain crime free.
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The Visa Process: Two Steps Immigrant applies for a visa or LPR status. Applicant MUST be personally eligible for admission to the U.S. If they aren’t admissible, then they can’t enter the U.S. even if they fit within a category. Family member, employer, or sometimes the immigrant files papers to petition for a visa The government decides whether the applicant fits within a category that has available visas. 1 2
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How Can People Immigrate? The LPR entrance categories are: A.Family Visas B.Employer Visas C.Refugees/Asylum seekers D.Special Laws
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Family-Based Immigration U.S. citizens can help to immigrate: A.Immediate Relatives – visa immediately available Spouse, unmarried children under 21, parents of adult citizens B.Family-sponsored preferences – all categories must wait for a visa Unmarried adult sons/daughters Married sons/daughters Siblings of adult citizens
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Family-Based Immigration Lawful Permanent Residents (LPRs) can help to immigrate: Spouses and unmarried children under 21 Unmarried sons/daughters 21 and older
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Waiting Times to Immigrate (Family) Family Preference All Countries except those listed MexicoPhilippines Spouses, children under 21, parents (citizens) No wait Unmarried adult children (citizens) February 15, 2006December 22, 1992April 1, 1997 Spouses and children under 21 (LPR) June 1, 2010March 1, 2010June 1, 2010 Unmarried adult children (LPR) June 1, 2005June 22, 1992September 1, 2002 Married children (citizens) June 1, 2002October 22, 1992March 1, 1995 Siblings (citizens) January 1, 2002December 15, 1995April 1, 1991 These are waiting times as of November 2010.
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Employment-Based Immigration 1.1 st Preference – extraordinary ability, international executives 2.2 nd Preference – advanced degrees, exceptional ability 3.3 rd Preference – professionals, bachelor’s degrees, unskilled 4.4 th Preference – religious workers, international employees, people who worked for U.S. overseas 5.5 th Preference – investors ($1 million; 10+ jobs)
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Refugees and Asylees Refugees and asylees leave their countries because they fear being killed or hurt because of their: Nationality Race Religion Political opinion Membership in a particular social group
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U.S. Citizen BORN A.People BORN in the U.S. or territory U.S. citizen parent B.People born to a U.S. citizen parent or having your parent become a citizen (before you turn 18) naturalize C.People who are permanent residents and naturalize
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How to become a Naturalized Citizen: Have a green card for 5 years Be physically present in the U.S. for 2.5 years Pay an application fee Pass the citizenship test Pass the interview in English Swear to the judge you will follow the laws of the US Be of good moral character
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Immigrating is NOT easy Families wait years to be reunited and some members may never be able to immigrate to the U.S. Few visas for low-skill workers Immigration is expensive – some people can’t afford the fees
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Undocumented Immigrants Undocumented immigrants may have entered the US without showing a visa or green card. They may be here with expired papers. They do not have documents that allow them to stay in the US. Estimated 11.1 million in U.S. (3.7%)
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Immigration Enforcement If found by immigration officials, undocumented people may be arrested and deported. Main Enforcers: Immigration and Customs Enforcement (ICE) Customs and Boarder Protection (CBP)
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Detention ICE operates the largest detention program in the US: 378,582 non-citizens from 221 countries in 2008. Mandatory detention for many refugees without a hearing by a court. Weeks or months in jail waiting for a hearing or pursue an appeal.
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Deportation People may be deported from the U.S. if they violate immigration laws. In fiscal year 2009, ICE completed 387,790 deportations. From 1997 to 2007, over one million family members have been separated by deportation.
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