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

Immigration Law Basics

Paola Ledesma, Esq.Ledesma Immigration Law Office

MAY 2, 2014

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

ControlInadmissibility: 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 visasImmigrant visas


Enforcement

ICE287(g) program (Carrollton Police Department,

Harris County Sheriff's Office)Secure Communities programEOIR

Immigration CourtBoard of Immigration Appeals


Major Pathways to Permanent Resident Status

• Family• Employment• Asylum


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.


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


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)


Quotas

• Numerical limits for categories and countries• One country cannot exceed 7% of limits• Causes backlogs


Visa Bulletin for February 2014

Family-Sponsored

All Chargeability Areas Except Those Listed

CHINA-mainland born INDIA MEXICO PHILIPPINES

F1 08MAR07 08MAR07 08MAR07 15NOV93 01FEB02

F2A 08SEP13 08SEP13 08SEP13 15APR12 08SEP13

F2B 01FEB07 01FEB07 01FEB07 15MAY93 22JUN03

F3 01SEP03 01SEP03 01SEP03 01JUL93 01MAR93

F4 08DEC01 08DEC01 08DEC01 01DEC96 01NOV90


Visa Bulletin for February 2014Employment- Based

All Chargeability Areas Except Those Listed

China - mainland born INDIA MEXICO PHILIPPINES

1st C C C C C

2nd C 15APR09 15NOV04 C C

3rd 01OCT12 01OCT12 01OCT03 01OCT12 01NOV07

Other Workers 01OCT12 01OCT12 01OCT03 01OCT12 01NOV07

4th C C C C C

Religious and 5thEB-5

C C C C Cwww.LedesmaImmigration.com 806-589-

3090

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


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


Citizenship

Obtained at Birth:Born in USBorn to US Citizen

parentsBorn to one US Citizen

parent

Naturalization:Permanent Resident

through marriage to US Citizen and remain married for 3 years

Permanent Resident for 5 years


Naturalization RequirementsStatutory: 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


Victims

VAWAU visasT visas


Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010)

• 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

http://en.wikipedia.org/wiki/United_States_Reports

Comprehensive immigration reform proposal

Immigrant visasRegistered 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 StatusFuture Immigration - Family-based, Employment-based, and Merit-based


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

Questions?

Paola LedesmaLedesma Immigration Law Office

[email protected] S. Loop 289, Suite 240-T

Lubbock, TX 79423Ledesmaimmigration.com

mailto:[email protected]

Documents

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