2. z
Objectives for this Week
Principles of Immigration Policy in the U.S.
Get familiar with Immigration terminology
Learn immigration related crimes and punishments
How is immigrating to the U.S. supposed to work?
Legal rights of undocumented immigrants
3. z
Immigration Terminology
Migrant - a person who moves from one place to another, especially in
order to find work or better living conditions
Immigrant - a person who comes to live permanently in a foreign country
Emigrant - a person who leaves their own country in order to settle
permanently in another.
4. z
Immigration Terminology
Proper title to refer to a person who has entered the U.S.
without a proper status is Undocumented Immigrant
Legality is for a court to established
Maybe they qualify for asylum or maybe they are refugee or
maybe they qualify for residency due to a familial relationship
That is why “illegal immigrant” is incorrect and should not be a
part of a social worker’s jargon
5. z
Immigration Terminology
Lawful Permanent Residents (LPR)– status that allows a
foreign national to work and live lawfully and permanently in
the U.S.
LPR are able to apply for all jobs that do not require
citizenship
LPR can remain in the U.S. even if unemployed
“Green card” holders
6. z
Immigration Terminology
Alien - Any person not a citizen or national of the United States.
“Foreign national” is a synonym and used outside of statutes
when referring to noncitizens of the U.S.
This is the moniker that is used in the statute to describe a
foreign national
Alien is not acceptable for a social worker to use when
describing someone from another country
7. z
Immigration Terminology
Green Card a.k.a. Permanent
Resident Card, Form I-551, or alien
registration card.
USCIS issues Green Cards to foreign
nationals as evidence of their lawful
permanent resident status in the
United States.
Although some Green Cards do not
have an expiration date, most are valid
for 10 years.
8. z
Immigration Terminology
Visa – There are two types of visas:
An immigrant visa is issued to a person wishing to live
permanently in the U.S.
A nonimmigrant visa (NIV) is issued to a person with
permanent residence outside the United States, but wishes
to be in the U.S. on a temporary basis as a tourist, for
medical treatment, business, temporary work or to study.
9. z
Immigration Terminology
Naturalization is the process by which U.S. citizenship is
granted to a foreign citizen or national after he or she fulfills the
requirements established by Congress in the Immigration and
Nationality Act (INA).
10. z
Principles of Immigration in the U.S.
Immigration to the United States is based upon:
The reunification of families (think those living abroad being
reunited with their established families already in the U.S.)
Admitting immigrants with skills that are valuable to the U.S.
economy
Protecting refugees
Promoting diversity
11. z
Principles of Immigration in the U.S.
Are those principles reflected in our policy
enforcement today?
Visit Brookings Institute: Immigration by the numbers to see up
to date statistics on immigration
Click on the tabs titled: Border Patrol, Deportation, Crime Rates,
Population & Refugees
12. zPATHTOCITIZENSHIP
From beginning to end the process of coming to the U.S.
(whether through an established system or undocumented)
to becoming a citizen may take several years depending on
nation of origin and immigration status
Undocumented
Permit /
Refugee /
Asylee
Legal
Permanent
Resident
Naturalization
/Citizenship
13. z
What is “illegal” about coming to the U.S.?
The criminality about immigration is more correctly labeled as an
"improper entry"
Improper entry includes:
entering or attempting to enter the U.S. at any time or place other than
one designated by U.S. immigration officers (i.e., away from a border
inspection point or other port of entry)
eluding examination or inspection by U.S. immigration officers (ex.
digging a tunnel or hiding in the trunk of a car)
attempting to enter or obtain entry to the United States by a willfully
false or misleading representation or willful concealment of a material
fact (ex. using falsified documents or lying on paperwork)
14. z
Removal from the U.S. may be a result of:
Violation of entry conditions
Overstaying their visa or temporary permit
Helping smuggle in other illegal immigrants
Commission of crimes of moral turpitude
Multiple convictions
Convictions on an aggravated or violent felony
Other Immigration Offenses
15. z
The Supreme Court has ruled that a person cannot be
constitutionally detained indefinitely
A reasonable time to detain an alien while deportation is pending
should not exceed 6 months
Detention of undocumented persons
16. z
Failure of alien to deport after ordered to do so (10 yrs.)
Counterfeiting alien papers or application to enter (5 yrs.)
Bringing in or harboring illegal aliens (5 yrs.)
Illegal entry, second offense (2 yrs.)
Reentry of deported alien (2 yrs.)
Aiding subversive alien to enter (5 yrs.)
Importing alien for immoral purposes (10 yrs.)
Immigration Felonies
17. z
Failure to register and be fingerprinted (6 months)
Failure to notify of change of address (30 days)
Making false statements (6 months)
First Illegal entry (6 months)
Knowingly hiring an illegal alien (6 months)
Immigration Misdemeanors
18. z
How the U.S. Immigration System Works
Different categories to emigrate to the U.S.
Family-Based Immigration
Employment-Based Immigration
Per-Country Limits
Refugees and Asylees
The Diversity Visa Program – “the lottery”
Other protected status
U.S. Citizenship
19. z
Family-Based Immigration
Based on family unification premise (sponsorship)
The person may apply for residency if they are the spouse (or
fiancé), parent of a U.S. citizen. Unmarried son or daughter of a
U.S. citizen and you are 21 years old or older; or married son or
daughter of a U.S. citizen
Brother or sister of a U.S. citizen who is at least 21 years old
Also available to widows, widowers, victims of domestic violence
(under VAWA)
Also, the person may apply for residency if they are the
immediate relative of a legal permanent resident
20. z
Employment-Based Immigration
Based on a way to acquire immigrants with valuable skills for
temporary or permanent stay
Types of work visas include:
L visas – for intracompany transfers
P visas – for athletes, entertainers and skilled performers
R-1 visas – religious workers
A visas – diplomats, diplomatic staff
O-1 visas – for workers with extraordinary skills
H visas – for highly skilled/lesser skilled workers
21. z
Employment-Based Immigration
Most temporary workers must work for their sponsoring employers
and cannot change jobs
Each visa varies on eligibility requirement, duration, whether they
can bring their dependents, etc.
Most cases, the workers must leave the U.S. if their visas expire or if
their employment is terminated
22. z
Per Country Limits
Not one group of permanent immigrants (whether arriving through
family based or employment-based immigration) from a single
country may exceed 7% of the total amount of immigrants coming to
the U.S. in a fiscal year
These limits are set to prevent any one group or country from
dominating immigration patterns to the U.S.
23. z
Refugees and Asylum Seekers
Refugees are immigrants who are unable to return to their home
countries due to a fear of persecution because of their race, religion,
belonging to a particular social group or political party, or their
national origin
Admission to the U.S. will depend on:
The level of danger they face if returned to their home country
Their membership to a group that may pose a concern to the
U.S. (this category is determined by the President and Congress)
Whether they have family members in the U.S.
24. z
Refugees and Asylum Seekers
Asylum seekers are foreign national already in the U.S. who seek the
protection of the U.S. government due to a fear of persecution
because of their race, religion, belonging to a particular social group
or political party, or their national origin
Asylees may apply for asylum at the port of entry or within one year
of being in the U.S.
There is no limit to the number of asylum seekers that can be
granted asylum within a fiscal year
Both refugees and asylees are eligible to become Lawful Permanent
Residents after one year
25. z
Diversity Visa Program
A computer system randomly selects names as a sort of lottery from
those who apply from countries with low rates of immigration to the
United States
To qualify their country must have sent less than 50,000 immigrants
to the U.S. in the past five years
For the person to be eligible for the lottery, they must have a high
school education (or equivalent) or have worked in a job that
requires at least two years of experience or training
The spouse and minor dependents of the lottery winner are also
entitled to enter the U.S.
26. z
Other Statuses
Temporary Protected Status (TPS) – for persons already in the
United States that are unable to return to their country due to a
natural disaster, extraordinary temporary conditions or ongoing
armed conflict
TPS status to persons from a country for 6, 12 or 18 month
periods and can be granted an extension if conditions persist
TPS status does not necessarily lead to LPS status or grant any
immigration status
27. z
Other Statuses
Delayed Enforced Departure (DED) – provides protection from
deportation to persons whose home countries are unstable and
dangerous.
Unlike TPS which is decided by statute (Congress), DED status
is at the discretion of the Executive Branch.
Like TPS, DED does not confer any immigration status or LPR
28. z
U.S. Citizenship
In order to become a naturalized citizen, the person must be a Lawful
Permanent Resident / Green Card Holder for at least 5 years
Only 3 years for those who obtained LPR through U.S. citizen spouse or as a
victim of domestic violence
An even short time frame may apply to members of the U.S. military while on
active duty service
In order to apply for citizenship, the person must be at least 18-years old,
demonstrate “good moral character”, have resided in the U.S. continuously,
pass a civic, U.S. history and English exam, pay a fee, and other
requirement as applicable
Take the Civics Practice Test (Let me know how you did. I got 100!)
29. z
Legal Rights of Undocumented Immigrants
The right to refuse consent for Immigration and Customs Enforcement (ICE)
or the police to search their person, their car and their homes
The right to remain silent.
The right to call the consulate of their home country. ICE and police must let
your consulate visit or speak with you.
The right to speak to an attorney before answering any questions.
Not to sign anything that they do not understand.
The right to a copy of all of their immigration papers.
31. z
“Give me your tired,
your poor,
your huddled masses
yearning to breathe free,
The wretched refuse of your
teeming shore.
Send these,
the homeless,
tempest-tossed to me,
I lift my lamp beside the
golden door!”
- inscription on Statue of Liberty
32. z
References
Terminology. www.dictionary.com; www.uscis.gov
Title 8, Section 1325 of the U.S. Code (U.S.C.)
Section 275 of the Immigration and Nationality Act (I.N.A.) for
the exact statutory language. Retrieved from
www.uscis.gov/laws/immigration-and-nationality-act
You Have Rights. www.iamerica.org