immigration a to z tips and terms
TRANSCRIPT
Immigration A To Z
Tips And Terms
Asylum is the protection granted by
a nation to an immigrant who has left their
native country as a refugee.
To qualify for asylum, individuals must
prove they have a legitimate fear of
persecution in their home country based on
race, religion, nationality, political opinion,
or membership in a particular social group.
If a person loses their deportation case
at Immigration Court, and they want to
challenge the decision, the usual
course is to file an "appeal" with the
BIA.
The Board is the highest administrative
body for interpreting and applying
immigration laws.
There are four roads to citizenship.
(1) Birth in the United States
(2) Birth in another country, but one parent
is a U.S. citizen
(3) Born in another country but you naturalize
after meeting various requirements
(4) You derive citizenship, if you have a green
card and are under 18, when your parent
become a naturalized citizen
Deportation Defense is the act of
defending an immigrant, usually in
Immigration Court, who is facing
deportation - the expulsion from a
country for violating certain rules.
In some areas of immigration law, the
term "deportation" has been replaced
by "removal".
Extreme Hardship is the most
commonly used legal formula for
granting relief in cases involving
deportable immigrants.
However, the Extreme Hardship
standard varies from program to
program.
One way to obtain permanent resident
status is by the sponsorship of close
family relatives, including spouses,
children, parents, and siblings.
The rules are different depending on
the sponsor's immigration status:
permanent residency vis-a-vis U.S.
citizenship.
Green Cards refer to the documents
given to persons who have become
lawful permanent residents. This is a
not the formal name, but it is still used
– even though the card is not green.
The formal government name for the
card is Alien Registration Receipt
Card.
Human trafficking is a form of modern day
slavery. A person is recruited to be controlled
and held captive for the purpose of
exploitation.
It involves the use of coercion, deception, or
force to place men, women, and children in
slavery or slavery-like conditions.
14,500 to 17,500 immigrants are trafficked
into the U.S. per year. Of this total, 70% are
women, 50% are children.
IIRAIRA, which stands for the Illegal
Immigration Reform and Immigrant
Responsibility Act, is one of the most
widespread changes ever made to
immigration law.
Enacted in 1996, it greatly reduced the
ability of immigrants to defend themselves
against deportation and tightened the
rules for seeking permanent residence.
When immigrants are detained, the
government may charge them with a
crime that results in mandatory detention.
Immigration Judges cannot release a
person subject to mandatory detention,
but they can hold a "Joseph Hearing" to
determine whether the convictions properly fall within the mandatory detention provisions.
This type of visa is issued to the immigrant
fiancé or fiancée of a United States citizen to
enter the United States to get married.
The couple is required to get married within 90
days of the immigrant’s entry, or the immigrant
has to return to his or her home country.
Once the marriage has taken place, the
immigrant can apply to become a lawful
permanent resident of the
United States.
This is a person born in another
country who has been granted
permission to live permanently in the
United States, usually on the basis of
ties to a family member or a U.S.
employer. The immigrant is provided
a document, referred to as a
Green Card.
In certain cases, upon receiving a
negative decision, an immigrant may file a
motion to reopen or motion to reconsider.
A motion to reopen is based on new
evidence or changed circumstances.
A motion to reconsider is based on new
legal arguments stemming from wrong
reasoning used in making the decision.
Naturalization is the most
common path to U.S. citizenship
status. Immigrants who earn lawful
permanent residency are
allowed to naturalize if they
meet certain requirements.
When an immigrant enters the U.S.
with a visa to stay for a limited period
of time, but fails to leave when the
authorized period expires, the
immigrant is considered to be an
overstay and subject to deportation or
removal.
A priority date is like an invisible ticket.
Once a person applies for a green card,
they are given a date when the filing is
received by immigration authorities.
When visas are available for cases with
that date, the immigrant can file
documents to complete adjustment of
status or consular processing.
U.S. deportation policy supports an
unofficial detention bed quota. The bed
quota requires U.S. Immigration and
Customs Enforcement (ICE) to house an
average of 34,000 individuals in detention
on a daily basis.
62% of these immigrants are detained in
private, for-profit detention centers.
If you and your spouse were married less
than two years when his green card was
approved, it was granted on a conditional
basis.
Both of you must apply together to remove
the conditions on his green card during the
90 days before his second anniversary as a
conditional resident. This allows him to
convert to regular permanent residence
status.
Suspension of Deportation was a
primary defense for undocumented
immigrants placed in immigration court
proceedings to face charges of
deportation. IIRAIRA replaced it with
Cancellation of Removal, a more
restrictive form of relief.
TPS stands for Temporary Protected
Status. This is a special immigration
program that allows immigrants from
countries in turmoil to live and work
temporarily in the United States.
The turmoil may be caused by a natural
disaster, widespread civil war, or other
severe conditions. When the situation
improves, the right to stay in the
U.S. ends.
The U Visa is a special temporary
status for victims of certain crimes who
have suffered mental or physical abuse
and are helpful to law enforcement or
government officials in the investigation
or prosecution of criminal activity.
V is for the Violence Against Women
Act (VAWA). This area of law is crucial
to protect not only immigrant female
spouses, but also immigration children
(and - yes! - even immigrant male
spouses) from physical, mental, and
financial abuse at the hands of U.S.
citizens and lawful permanent
residents.
This is a request to forgive a
characteristic or action that would
otherwise lead to a denial of an
immigrant's application for benefits.
Reasons that trigger the need to seek
waivers include certain criminal
convictions and having lived in the
U.S. without permission.
Xenophobia is the fear and dislike of
people from other countries.
My parents did not teach me to hate.
They taught me to love all people, no
matter how different we may be.
Xenophobia is not a sentiment worth
embracing.
Like all individuals in our
legal system, Youth Refugees
deserve due process and fairness in
their judicial proceedings.
Do You Want To Know How To Choose
An Immigration Attorney?
Do You Want To Know
More About Immigration?
Carlos Batara Attorney at Law
Tel: (800) 287-1180
Fax: (951) 929-0782
Email: [email protected]
Web: http://www.bataraimmigrationlaw.com
Helping Immigrants Live And Work Legally In
The United States
Carlos Batara http://www.bataraimmigrationlaw.com
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