Immigration Law Immigration Law BasicsBasics

A practical guide to A practical guide to immigration law terms and immigration law terms and

conceptsconcepts

Holistic Living ProjectHolistic Living ProjectA Ministry of Christ Fellowship, Inc.A Ministry of Christ Fellowship, Inc.

1121 Elizabeth Avenue1121 Elizabeth AvenueElizabeth, NJ 07201Elizabeth, NJ 07201Tel: 908-289-6322Tel: 908-289-6322Fax: 908-289-7371Fax: 908-289-7371

Tatiana B. Durbak, Esq.Tatiana B. Durbak, Esq.durbakt@yahoo.com

Entry into the United StatesEntry into the United States

People enter the US asPeople enter the US as– nonimmigrantsnonimmigrants

OROR– ImmigrantsImmigrants

NonimmigrantsNonimmigrants

Intention to stay for a limited period Intention to stay for a limited period of timeof time

Categories:Categories:– A – V (with subcategories)A – V (with subcategories)– Temporary protected statusTemporary protected status– Deferred enforced departureDeferred enforced departure– ParoleParole– Visa waiverVisa waiver

NonimmigrantsNonimmigrants

Visa application requiredVisa application required Specific requirements for each statusSpecific requirements for each status Periods of stay varyPeriods of stay vary Strict limitations on permission to Strict limitations on permission to

work.work.

Becoming a residentBecoming a resident

Family petitionFamily petition– Immediate relatives and preference Immediate relatives and preference

petitionspetitions Employer petitionEmployer petition Diversity visa (visa lottery)Diversity visa (visa lottery) Refugee/asylee statusRefugee/asylee status Special immigrantsSpecial immigrants

Visa Bulletin – Family preferencesVisa Bulletin – Family preferences

Fam-ily

All Charge- ability Areas Except Those Listed

CHINA-mainland born

INDIA MEXICOPHILIPP-

INES

1st  22DEC04 22DEC04  22DEC04 22APR93  22MAY97

2A 08JUN09 08JUN09 08JUN09 08MAY09 08JUN09

2B 15OCT03 15OCT03 15OCT03 01DEC92 01NOV01

3rd 01DEC01 01DEC01 01DEC01 01JAN93 22JUL92

4th 08SEP00 08SEP00 08SEP00 15MAY96 01NOV88

Resident vs. citizenResident vs. citizen

““Green card” holders are Lawful Green card” holders are Lawful Permanent Residents (LPR’s).Permanent Residents (LPR’s).

They are NOT US citizens (USC’s).They are NOT US citizens (USC’s). Green card holders may be subject to Green card holders may be subject to

removal if even a minor crime is removal if even a minor crime is committed committed

Resident vs. citizen (cont’d)Resident vs. citizen (cont’d)

LPR’s (Lawful Permanent Residents) LPR’s (Lawful Permanent Residents) must fulfill certain requirements to must fulfill certain requirements to become USC’s (US citizens).become USC’s (US citizens).

Unmarried children under age 18 Unmarried children under age 18 who are LPR’s can often derive US who are LPR’s can often derive US citizenship from their parents.citizenship from their parents.

Persons present unlawfullyPersons present unlawfully

Current law makes it impossible for Current law makes it impossible for most persons who are present most persons who are present without status to obtain legal status. without status to obtain legal status. Special exceptions apply to victims of Special exceptions apply to victims of abuse.abuse.

Special immigration reliefSpecial immigration relief

Special relief is available for:Special relief is available for:– abused spouses and children of LPR’s abused spouses and children of LPR’s

(Lawful Permanent Residents) and USC’s (Lawful Permanent Residents) and USC’s (US citizens);(US citizens);

– victims of specific crimes who cooperate victims of specific crimes who cooperate with the authorities in the prosecution of with the authorities in the prosecution of the perpetrator; andthe perpetrator; and

– minors under court supervision.minors under court supervision.

Abused spouses, parents and Abused spouses, parents and children of USCs and LPRschildren of USCs and LPRs

Person must be battered or subject Person must be battered or subject to extreme crueltyto extreme cruelty

My file self-petitionMy file self-petition Marriage may be terminated if nexus Marriage may be terminated if nexus

between abuse and marriage between abuse and marriage terminationtermination

Victim must prove good moral Victim must prove good moral charactercharacter

Abused spouses, parents and Abused spouses, parents and children of USCs and LPRschildren of USCs and LPRs

Includes step-childrenIncludes step-children Children must be under 21 and Children must be under 21 and

unmarriedunmarried Documentation is criticalDocumentation is critical

U visaU visa Applicant must show:Applicant must show:

– s/he has suffered substantial physical or mental abuse s/he has suffered substantial physical or mental abuse as a result of one of the crimes enumerated in the as a result of one of the crimes enumerated in the statute (domestic violence and sexual assault crimes are statute (domestic violence and sexual assault crimes are included)included)

– s/he has knowledge of the crimes/he has knowledge of the crime– s/he is willing to cooperate with the authorities in the s/he is willing to cooperate with the authorities in the

investigation or prosecution of the criminal activityinvestigation or prosecution of the criminal activity Applicant must obtain certification from a law-Applicant must obtain certification from a law-

enforcement authority re assistanceenforcement authority re assistance Certain family members are eligible for Certain family members are eligible for

immigration reliefimmigration relief No requirement of marriage to USC or LPRNo requirement of marriage to USC or LPR

Special Immigrant Juvenile StatusSpecial Immigrant Juvenile Status

Allows minors to self-petition and apply for Allows minors to self-petition and apply for permanent residencypermanent residency

Requirements:Requirements:– Must be under jurisdiction of juvenile court or Must be under jurisdiction of juvenile court or

placed by the court in custody of agency or placed by the court in custody of agency or individual individual

– Reunification with one or both parents not Reunification with one or both parents not viabel because of abuse, neglect or viabel because of abuse, neglect or abandonmentabandonment

– Must be found by court that not in child’s best Must be found by court that not in child’s best interests top return to home countryinterests top return to home country

– Applicant must be under age 21 and unmarriedApplicant must be under age 21 and unmarried

Special Immigrants Juvenile Status Special Immigrants Juvenile Status

Petition is not confidentialPetition is not confidential Original parents cannot benefit from Original parents cannot benefit from

child’s immigration statuschild’s immigration status Revocation of statusRevocation of status

Some current issuesSome current issues

Police stopsPolice stops Attorney General DirectiveAttorney General Directive General ignorance about immigration General ignorance about immigration

law and situation of immigrantslaw and situation of immigrants Secure communitiesSecure communities

Attorney General’s DirectiveAttorney General’s Directive

Police must ask immigration status of Police must ask immigration status of persons arrested for DUI or indictable persons arrested for DUI or indictable offenseoffense

Police may NOT ask immigration Police may NOT ask immigration status of crime victim OR of crime status of crime victim OR of crime witnesswitness

Some considerationsSome considerations

The danger of unlicensed The danger of unlicensed practitionerspractitioners

Where to go for competent helpWhere to go for competent help The role of a good immigration The role of a good immigration

attorney attorney How to find a good immigration How to find a good immigration

attorneyattorney

Non-profit immigration programs in Non-profit immigration programs in TrentonTrenton

Migration and Refugee Services of the Roman Migration and Refugee Services of the Roman Catholic Diocese of Trenton – 149 N Warren St; Catholic Diocese of Trenton – 149 N Warren St; 394-8299394-8299

Immigration Program of Lutheran Social Ministries Immigration Program of Lutheran Social Ministries of Trenton – 189 S Broad St., 393-4900, x12of Trenton – 189 S Broad St., 393-4900, x12

Episcopal Immigration Services of ChristEpiscopal Immigration Services of Christ

Community CenterCommunity Center

331 Hamilton Ave., Trenton, NJ 08609331 Hamilton Ave., Trenton, NJ 08609

609-394-8926609-394-8926

Additional agenciesAdditional agencies

Legal Services of NJ (Edison office) –Legal Services of NJ (Edison office) –732-572-9100; 1-888-576-5529732-572-9100; 1-888-576-5529

American Friends Service Committee American Friends Service Committee (Newark) 973-643-1924(Newark) 973-643-1924

Catholic Charities of the Archdiocese Catholic Charities of the Archdiocese of Newark 973-733-3516of Newark 973-733-3516

Tatiana B. Durbak, Esq.Tatiana B. Durbak, Esq.

of counsel toof counsel to

Teper Law Office, LLPTeper Law Office, LLP

112 W Franklin Ave.112 W Franklin Ave.

Pennington, NJ 08534Pennington, NJ 08534

Tel: 609-557-7374Tel: 609-557-7374

Fax: 877-396-4398Fax: 877-396-4398durbakt@yahoo.comdurbakt@yahoo.com

THANK YOUTHANK YOUYOU’RE A GREAT YOU’RE A GREAT

AUDIENCE!AUDIENCE!