Essentials of immigration document preparation course ...I – 130 PETITION FOR ALIEN RELATIVE This...

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ESSENTIALS OF IMMIGRATION DOCUMENT PREPARATION COURSE

RENEE WAITE

ADJUSTMENT OF STATUS

GETTING A GREEN CARD

GREEN CARD FORMS

Adjustment of Status

I-130, I-485, I-765, I-131, I-864, I-130a(spouses), and I-693

Consular Processing

I-130, I-130a(spouses), I-864 and DS-260

I – 130 PETITION FOR ALIEN RELATIVE

This form is used by USC and LPR’s to file a petition for a relative

Filed for all intending immigrants

Must prove relationship

Filed for Adjustment of Status or Consular Processing

I-130PETITION FOR ALIEN RELATIVE

Proving Relationship Parents / Children usually on need

birth certificates (adoption papers for adopted children)

Children born out of wedlock Father must proves that he legitimized the

child prior to their 18th birthday

DNA not enough

I-130PETITION FOR ALIEN RELATIVE

Proving Relationship

Spouses must prove the bona fides of marriage:

Joint marital residence Lease, mail, utility bills

Comingling of finances Lease, joint bank account, joint assets, life insurance

HEIGHTENED SCRUTINY OF MARRIAGE BASED PETITIONS

More field inspections

Reinvestigations of previous marriages

More stringent document verification processes

More second interviews

More spouses being separated at the interview

I-130ASUPPLEMENTAL INFORMATION FOR SPOUSE BENEFICIARY

This form is used by spouses of USC and LPR’s in tandem with the I-130

Filed ONLY for spouses

Filed for Adjustment of Status and Consular Processing

LET’S LOOK AT AN I-130 IN DEPTH This is the form you will use the most

Once you can navigate an I-130, you can navigate almost any form.

All of the forms have the same theme:

Who are you?

When were you born?

Where were you born?

Are you a boy or a girl?

Who’s your mama?

Who’s your daddy?

Where do you live?

Where have you lived?

Etc…..

GREEN CARD APPLICATION

I-485APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS

Actual Green Card Application

File as a 1 Step when ever possible

1 Step: I-130, I-130a(spouses) I-485, I-765, I-131, I-864, I-693 Fees for I-765 and I-131 are waived when filed with

I-485APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS

There are several other reasons that someone can Adjust Status:

After 3 years as a U-visa holder

After 1 year of a grant of Asylum or Refugee

Cuban Refugee

Section 245(i) – must have had a previous petition filed prior to April 30, 2001 (*Attorney Consult Required

I-765APPLICATION FOR EMPLOYMENT AUTHORIZATION

Easiest money you will ever make

Renewal: 1 year for Adjustment of Status –No Filing Fee for renewals while AOS is pending

Renewal: 2 years most other reasons, 3 years for some

Fees can be waived

Exception: DACA

I-765APPLICATION FOR EMPLOYMENT AUTHORIZATION

Asylum Applicants Cancellation of Removal Applicants

Grants of PD From ICE or the Immigration Court

TPS Recipients

Someone under and Order of Supervision

I-864, AFFIDAVIT OF SUPPORTFINANCIAL SUPPORT FOR NEW LPR’S

What is the purpose of the Affidavit of Support (I864/I864A)?

The affidavit of support is required for the majority of Immigrant Visa (green card) and Nonimmigrant Visa Applicants

The petitioner and/or applicant MUST prove to the US Government that the person immigrating will NOT become a public charge to the tax payers of the United States

Persons who have been – OR ARE LIKELY TO BECOME – a public charge ares (INA inadmissible to the United States (INA 212 (a)(4)).

The affidavit of support demonstrates the petitioner/applicant’s ability to support their relative or themselves

I – 864AFFIDAVIT OF SUPPORTFiled by the petitioner to show financial support

MUST be filed by the Petitioner

Must meet certain income requirements (Form I-864P)

Can have up to 2 joint sponsors

Household member may be a Contract Sponsor

JOINT sponsor does not have to be a family member

MUST be a USC or LPR

I-864ACONTRACT SPONSOR W/HOUSEHOLD MEMBER

Household members can be a method of support for a Petitioner that does not meet the income requirements.

CONTRACT sponsor MUST be immediate family (spouse, parent, child, sibling) Can have more than one sponsorsMUST be a USC or LPR

Long term commitment/contract that terminates when:

Person becomes Citizen

Person leaves the US

Person has worked 40 Quarters (10 yrs)

Obtains new Affidavit of Support

Divorce does NOT terminate Affidavit of Support Contract

ALL Affidavit of Support

NEW PROCEDURES – I-864

If a Joint Sponsor is NOT a family member BOTH USCIS and Consular Officers are asking for a sworn statement (sample/template included in GOLD membership) that:

Describes the relationship with the Petitioner and Beneficiary

That the FULLY understand that they are embarking on a long term financial commitment

That they understand that the Affidavit of Support is a CONTRACT, and they further understand that the contract ends ONLY under the 5 circumstances listed on Form I-864.

Public ChargeBackground / Inadmissibility / Exemptions

A public charge is generally defined in INA § 212 (a)(4) as:

“A person dependent upon the government (US Gov) for financial and material support.”

Definition of a Public Charge under the INA

Public Charge as a Ground of Inadmissibility

INA § 212 (a)(4) states that a person is inadmissible to the United States if:

At the TIME OF APPLICATION for a visa….. Or admission as a LPR ….

Said person is likely AT ANYTIME to become a public charge

On August 14, 2019 the Department of Homeland Security (DHS) published their final rule regarding public charges to the Federal Register.

This new policy was proposed in September 2018 and was posted for public review for 60 Days.

The new Final Rule regarding public charges expands the list of public benefits to render someone inadmissible to the United States, as well as how the time a person has received such benefits.

Being a public charge “in general” does not make a person ineligible for Naturalization

but there are some considerations as to what and when a person received public benefits that could result in a denial, or being placed into removal proceedings.

What Has Happened?

Current Law

Primary dependence refers to reliance:

On cash-aid for income support

Long-term-care paid for by the government

Immigration Officers are tasked with evaluating whether an applicant for a green card or individual seeking to enter the US on certain visas is likely to “become primarily dependent on the government for support.”

Minimum Considerations in Determining Public Charge Fitness

The Adjudicating officer SHALL at a minimum consider:

Health

Family Status

Assets, Resources, and Financial Status

Education and Skills

Considerations in Determining Public Charge Fitness

Since 1999 – must … also consider

Affidavit of Support

Other Considerations

Has the applicant ever used cash aid such as TANF or SSI, or long-term institutionalized care in the past. (SSI is much more common)

If the applicant has ever received these things, then they must prove that it is not likely that they will need them again in the future.

This has always been problematic.

Also, it is possible that if they have received either of those items, they may have obtained them fraudulently.

Undocumented persons cannot actually legally obtain these benefits.

This alone presents a whole other level of inadmissibility issues.

What Public Benefits are Considered for Public Charge Grounds (CURRENT)

Cash Assistance – TANF or “Welfare”

SSI Disability Income

Other General Assistance Cash Help

Medicaid / Medi-Cal in some instances – especially for long term care

What Public Benefits are NOT Considered for Public Charge Grounds (CURRENT)

Medicaid and other health insurance and health services

including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases, use of health clinics, short-term rehabilitation services, prenatal care and emergency medical services) other than support for long-term institutional care

Children's Health Insurance Program (CHIP)

Nutrition programs

Supplemental Nutrition Assistance Program (SNAP)- commonly referred to as Food Stamps

Special Supplemental Nutrition Program for Women, Infants and Children (WIC),

National School Lunch and School Breakfast Program, and other supplementary and emergency food assistance programs

Housing benefits

Child care services

Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)

What Public Benefits are NOT Considered for Public Charge Grounds (CURRENT)

Emergency disaster relief

Foster care and adoption assistance

Educational assistance (such as attending public school), including benefits under the Head Start Act and aid for elementary, secondary or higher education

Job training programs

In-kind, community-based programs, services or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter)

Non-cash benefits under TANF such as subsidized child care or transit subsidies

Cash payments that have been earned, such as Title II Social Security benefits, government pensions, and veterans' benefits, and other forms of earned benefits

Unemployment compensation

What Public Benefits WILL BE considered (as of 10/15/19)for inadmissibility on the grounds of Public Charge?• Any federal, state, local, or tribal cash assistance for income maintenance

• Supplemental Security Income (SSI) - Many LPR’s LEGALLY receive this NOW.

• Temporary Assistance for Needy Families (TANF)

• Federal, state or local cash benefit programs for income maintenance (often called “General Assistance” in the state context, but which may exist under other names)

• Supplemental Nutrition Assistance Program (SNAP, or formerly called “Food Stamps”)

• Section 8 Housing Assistance under the Housing Choice Voucher Program

• Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation)

• Public Housing under section 9 the Housing Act of 1937, 42 U.S.C. 1437 et seq.

• Federally funded Medicaid (with certain exclusions – emergency Medicaid/Medi-Cal will remain exempt)

Excluded Benefits under NEW Final Rule

DHS also will not consider:

1. The receipt of Medicaid for the treatment of an emergency medical condition;

1. We anticipate that what is considered “emergency” will become highly scrutinized over the coming months.

2. Services or benefits funded by Medicaid but provided under the Individuals with Disabilities Education Act;

3. School-based services or benefits provided to individuals who are at or below the oldest age eligible for secondary education as determined under state or local law;

4. Medicaid benefits received by an alien under 21 years of age; or

5. Medicaid benefits received by a woman during pregnancy and during the 60-day period beginning on the last day of the pregnancy.

What Amount of Assistance Will Result in a determination of Inadmissibility on the grounds of Public Charge? The final rule includes a single duration-based threshold for the receipt of public

benefits as part of the definition of public charge.

The final rule considers an alien a public charge if he or she receives public benefits for more than 12 months in the aggregate in any 36-month period, such that the receipt of two benefits in one month counts as two months.

Because a public charge inadmissibility determination is prospective in nature, in the totality of the circumstances, any duration (and amount) of public benefits received may be considered in the totality of the circumstances.

Future Likelihood of Becoming a Public Charge

Under the final rule, “likely at any time to become a public charge” means more likely than not at any time in the future to become a public charge

(in other words, more likely than not at any time in the future to receive one or more of the designated public benefits for more than 12 months in the aggregate within any 36-month period, such that, for instance, receipt of two benefits in one month counts as two months).

Under this final rule, inadmissibility based on the public charge ground is determined by looking at the factors set forth in 8 CFR 212.22 and making a determination of the applicant’s likelihood of becoming a public charge at any time in the future based on the totality of the circumstances.

Under New Final Rule, What are USCIS and Consular Officers Going to Consider?

This means that the adjudicating officer must weigh both the positive and negative factors when determining whether someone is more likely than not at any time in the future to become a public charge. As required by section 212(a)(4) of the Act, and this final rule, when making a public charge inadmissibility determination, a USCIS officer must consider the applicant’s:

• Age;• Health;• Family status;• Assets, resources, and financial status;• Education and skills;• Ability to Earn;• Prospective immigration status;• Expected period of admission; and• Sufficient Form I-864, when required under section 212(a)(4)(C) or (D) of the INA.

Factors That Weigh Heavily Against a Finding of Likeliness of Public Charge

The alien has financial assets, resources, and support of at least 250 percent of the Federal Poverty Guidelines for a household of the alien’s household size; or

The alien is authorized to work and is currently employed with an annual income of at least 250 percent of the Federal Poverty Guidelines for a household of the alien’s household size.

Form I-944, Declaration of Self SufficiencyFiled by AOS/IV Applicant

Form I-944

USCIS will require the AOS/IV applicant to declare that they are and can be self sufficient.

To do this, they will complete and file form I-944. There is a “Draft” of the form that was leaked included in the

download materials.

Please keep in mind that the actual form may be significantly different.

Members will be updated as new information becomes available.

Public Charge – Who is Exempt?

Refugees and Asylees

Special Immigrant Juvenile Status Adjustment of Status Applicants

Applicants for TPS

T and U Nonimmigrant Petitioners / Adjustment Applicants

VAWA Adjustment Applicants

MOST Permanent Residents

Other rare visas (NACARA, NATO, Translators)

MOST US Citizens

Exemptions of the Affidavit of SupportWho is Exempt?

Self-Petitioning Widow / Widowers of US Citizens

VAWA Self-Petitioners

Persons who have worked 40 Qualifying Quarters

Children under the age of 18 who will automatically derive US Citizenship at the same time they become LPR’s due to their parent’s US Citizenship

When Does The New Final Rule Go Into Effect10/15/19

Effective 10/15/19

The New Final Rule will apply to all applications for Adjustment of Status (I-485) or an Immigrant Visa (DS-260) POSTMARKED or Filed ON OR AFTEROctober 15, 2019

What Happens if the LPR becomes a Public Charge?

The entity that paid benefits will seek reimbursement for monies paid to LPR in the form of public assistance

At the time of this webinar – undocumented parents of US Citizens that apply for public assistance for their USC children are NOT penalized --- it is actually the children that receive the assistance

Most states will not grant benefits to LPR’s that have a sponsor without the sponsor proving that they have financial hardship

If sponsor and LPR become estranged, most states will provide benefits and then later seek reimbursement from the sponsor

Sponsors can be fined up to $5,000 if they know that the LPR they sponsored obtained benefits

What Happens if the LPR becomes a Public Charge?

DHS Announced on 8/22/2019 that they have expanded their discretion on removability (deportability) of an Alien that is/becomes a Public Charge.

Deportability on the grounds of Public Charge has existed since the implementation of IIRIRA in 1997 – however, it is rarely been used.

If an LPR becomes a public charge within 5 years of receiving their green card – they are deportable

DHS announced that even when a state/agency has been reimbursed by an alien or sponsor, that they may still seek to remove the alien.

The expectation is that the Courts Will Injunct (Stop) this (more about that in a minute)

The Effect of Travel on LPR’s That Have Become a Public Charge.

LPR’s that become a public charge and then travel outside the U.S. can expect to be EXTREMELY INCONVENIENCED at the LEAST upon their return to the United States. Each time an LPR leaves the U.S. and returns,

they are technically seeking “readmission” to the U.S.

Therefore, if they have become a Public Charge, they may be found to be inadmissible upon re-entry.

In more liberal jurisdictions, such LPR’s may (with significant likelihood) be placed into removal proceedings and forced to defends themselves against deportation)

More conservative jurisdictions may deny reentry to the U.S. (especially those aliens who have been abroad a long time – even if they have a valid re-entry permit)

Things to be Cautioned – Be proactive on Joint Sponsors

AGE – PERSONS CLOSE TO RETIREMENT (55 OLDER)

AND YOUNG BENEFICIARIES WITH LIMITED FINANCIAL

RESOURCES

HEALTH – PEOPLE WITH SIGNIFICANT HEALTH

CONDITIONS – WHO WILL PAY FOR HEALTHCARE / DO THE SPONSORS MAKE ENOUGH $$ TO CARE FOR

FAMILY STATUS –ARE THE SINGLE WITH LITTLE

FAMILY AND NO SUPPORT/RESOURCES

ASSETS/RESOURCES – ARE THERE ANY?

EDUCATION/SKILLS – DO THEY LACK THE ABILITY TO BE GAINFULLY EARN

MONEY?

Dispelling the Rumors and MythsLPR’s and Naturalization

Public Charge Concerns for Non-Citizens with USC Children

I am undocumented, my USC Children receive Food Stamps – Now, I cannot get a green card or become a USC! FICTION – At this time, USC children of LPR’s or undocumented

immigrants are entitled to receive the same public benefits of all USC children.

In General --- becoming a public charge will NOT prevent an LPR from naturalizingHowever, under the new Final Rule, there may issues that cause an alien to be placed in to

removal proceedings.

New Final Rule Effect on Naturalization

Becoming an LPR in the 3/5 Year period preceeding the application can result in an adverse GMC detemination

Under the new final rule, an applicant for Naturalization that has EVER received public benefits may undergo a high level of scrutiny of their ORIGINAL Green Card Application

USCIS will evaluate: Whether the applicant was likely to have become a public

charge at the time of admission

Whether or not they should have received a green card in the first place

What actions have (or have not) been taken by the agency that paid the benefits.

Based on their findings, the LPR may be placed into removal proceedings.

Can an Immigration Consultant Assist Someone Who Has Become a Public Charge?

MAYBE / MAYBE NOT –

The stakes are just too high for the alien.

AT THE VERY LEAST – An attorney consultation is going to b required

ONLY an immigration attorney should be filing for Adjustment of Status, Immigrant Visas, Renewals and Naturalization for persons that have received the public benefits after 10/15/19.

Used to permit temporary travel outside the US

Pending AOS, TPS, Asylum

Persons with a pending application with USCIS should not travel outside the US without first obtaining a travel document (also called Advanced Parole)

For work, emergency, other

When file with I-485, no fee and no questions asked

I-131Application for Travel Document

All intending immigrants must undergo a medical exam

Must be completed by a designated Civil Surgeon

Must be completed within 60 days of application being filed

List can be found by zip code on USCIS website

We will look at this on the USCIS website later in the course

I-693Report of Medical Examination And Vaccination

MEDICAL EXAM AWARENESS

Client should be informed about the details of their medical exam, and what the doctor is going to report to USCIS

Testing for Communicable Diseases

Testing for Vaccinations

Testing for Controlled Substances (Marijuana use is against Federal Law –State Laws are Irrelevant)

Inspection of Body

Tattoos can be of great concern

Mario married the love of his life on February 14, 2000 in Port Au Prince, Haiti. His wife, Miriam lives inHaiti and has never been to the United States. Mario received his citizenship on January 5, 2017. He nowwants to file for his wife’s green card. What are his options and why?

A. Adjustment of Status

B. Consular Processing

C. Consular Processing with a Waiver

D. She has no options to get a green card

Green Card Scenarios

Mario married the love of his life on February 14, 2000 in Port Au Prince, Haiti. His wife, Miriamlives in Haiti and has never been to the United States. Mario received his citizenship on January 5,2017. He now wants to file for his wife’s green card. What are his options and why?

B. Consular Processing – Miriam lives in another country – this is her only option.

D. She has no options to get a green card

Carlos married his wife USC Marjorie in Los Angeles, CA on March 15, 2017. Carlosentered the US on a J-1 Visa that had a 2 year residency requirement to return toMexico. They are in your office and want to file for a green card for Carlos. What arehis options and why?

D. Adjustment of Status after requesting a Letter of No Objection from Mexico.

Carlos married his wife USC Marjorie in Los Angeles, CA on March 15, 2017. Carlosentered the US on a J-1 Visa in 2002 that had a 2 year residency requirement to returnto Mexico. They are in your office and want to file for a green card for Carlos. Whatare his options and why?

D. Adjustment of Status after requesting a Letter of No Objection from Mexico. He needs to geta letter of No Objection from Mexico to waive the 2 year residency requirement beforeadjusting status – a waiver based on hardship.

REMOVING CONDITIONS ON PERMANENT RESIDENCE

Some Permanent Residents are “Conditional”

Conditional Residents are issued a green card on the “condition” that___________.

In family based immigration:

Green cards based on marriage are issued for 2 years (unless the petitioner and beneficiary have been married for more than 2 years)

I-751Petition to Remove Conditions

on Residence

Removal of the Condition on Residency if the Marriage Still Exists after Two Years:

The I-751 “Joint Petition”

Joint Petition to Remove Conditions is filed when the couple is still together

Joint Petitioner should be filed within 90 days of the conditional residence expiring

“Filed” means the petition was actually received by USCIS by the deadline date, not simply postmarked by the deadline.

Example: Diego married Frida, a U.S. citizen, on July 10, 2013. He entered the United States with his immigrant visa on August 1, 2014. The two-year anniversary of Diego’s receiving conditional residency is August 1, 2016. Diego and Frida must file (USCIS must actually receive) the joint petition between May 3, 2016 and July 31, 2016.

If the Joint Petition is not received by the deadline, USCIS will automatically terminate the conditional residence and the conditional resident may be placed in removal proceedings

Late petitions “may” be accepted if good cause is shown – but good cause is a high standard!

I-751Petition to Remove Conditions on Residence

Be sure to submit new evidence to support the bona fides of marriage with the I-751:• Pictures• New Household Bills• New Joint Assets• Birth Certificates of children born since marriage

Removal of the Condition on Residency if the Marriage Still Exists after Two Years:

The I-751 “Joint Petition”

Denials and Appeals. If USCIS denies the joint petition, it will begin removal proceedings against the conditional resident. USCIS may only deny the joint petition on one of three grounds (unless the couple failed to attend the interview):

1) the marriage was fraudulent at its inception;

2) the marriage has been terminated; or

3) the petitioner was paid a fee to enter into the marriage.

The conditional resident can ask for a substantive review of the denial by:

renewing the joint petition in removal proceedings before an immigration judge;

filing a motion to reopen by showing new facts; or

filing a motion to reconsider.

I-751Petition to Remove Conditions on Residence

Used to renew an expired Green Card

Replace lost/stolen card

Must file within 30 days of turning 14

If green card expires AFTER 16th birthday, no fee

Permanent Residency does NOT expire – only the green card expires

I-90Application to Replace Permanent Resident Card

Prove Relationship is real

Evidence to support relationship

Pictures, letters, emails, plane tickets, etc

Two affidavits are REQUIRED by petitioner and beneficiary:

Affidavit of Ability and Willingness to Marry within 90 days (NO Exceptions)

If marriage occurs after 90 days – must start over with a one step adjustment

Affidavit of having Personally met within the past 2 years

Should be their entire story

I-129FPetition for Alien Fiancé

K-3SPOUSE NON-IMMIGRANT VISA K-3 Visa for Spouses of USC

Filed when the beneficiary cannot wait for the green card process to complete

MUST have an I-130 Pending

USCIS usually does not approves the K-3 until the I-130 is APPROVED

Processing time can be longer than the normal consular process

Filed on Form I-129F

No filing fee for I-129F

Pays NIV Fees and entry fees

If approved, Spouse travels to the US and files to adjust status

More expensive to do this

I-912REQUEST FOR FEE WAIVER Used to request a fee waiver

Must certain guidelines

Filing fees can be waived if income requirements are met (make less than 150% of the HHS Poverty Guidelines)

Extreme Financial Hardship

Must submit supporting documents

List of forms eligible for fee waivers is in the USCIS website

DEFERRED ACTION FOR CHILDHOOD ARRIVALS

OVERVIEW

WHAT IS DACA?Deferred Action for Childhood Arrivals

DACA is a form of prosecutorial discretion that protects a person from deportation

It has actually existed on a case-by-case basis for years

The Deferred Action for Childhood Arrivals was created and signed into policy by DHS Secretary Janet Napolitano

Basically says: “Hey, we know you are here without permission,

and we COULD deport you, but instead, we will just defer action against you and give you permission to work.”

WHAT IS HAPPENING NOW?

2016 – Candidate Trump promises to repeal DACA

2017 – President Trump meets with DACA recipients and says that repeal is not the answer, that he would do something with “heart.”

August 2017 – Texas and 6 other states threaten to sue the administration if he doesn’t repeal DACA

September 5, 2017 – Trump repeals DACA

January 2018 – Federal Courts in 2nd and 9th Circuits rule that the repeal of DACA was unlawful and orders USCIS to resume accepting renewals

Pursuant to Federal Court Injunctions, USCIS has resumed accepting DACA renewals

Must have been granted DACA Previously

If DACA expired on or after September 5, 2016, File as a RENEWAL

Only need to show physical presence for the time DACA expired

If DACA expired BEFORE September 5, 2016, File as a new INITIAL request.

Need to show all requirements and physical presence from June 15, 2007

On April 24, 2018 Judge Bates in Washington D.C. issued a provisional injunction rendering the repeal of DACA as unlawful.

Judge Bates gave the government 90 days to make a better argument as to why DACA can be repealed.

They were not able to convince Judge Bates

Judge Bates ordered USCIS to resume accepting initial DACA applications in 20 days……

BUT……

UPDATE!

Judge Bates stayed his decision – putting it on hold temporarily

Said he wanted to wait for TX decision to avoid confusion

Let the appeal period run out for government

Texas surprised us and upheld DACA renewals

Judge Bates has not lifted the stay – but he likely will!

We need legislation to come from congress soon!!!!!

You can help the DACA movement by contacting your senator and telling them that they need to save DACA

For more information on DACA, see your course reader or the USCIS website

BECOMING A US CITIZENALL THINGS CITIZENSHIP

How Does One Become A Citizen of the United States?

FOUR WAYS TO BECOME A CITIZEN OF THE UNITED STATES

Birth in the United States

Naturalization

Acquisition of Citizenship

Derivation of Citizenship

ADVANTAGES OF BECOMING A CITIZEN OF THE UNITED STATES

The right to vote in U.S. elections

The right to travel with a U.S. passport

The right to help some relatives immigrate

to the U.S. more quickly

The right to obtain certain government jobs

The right to obtain certain government benefits

The right not to be excluded or removed (deported) from the U.S.

The right to live in another country without losing the right to legally return to the U.S

BIRTH IN THE UNITED STATES

CITIZENSHIP BY BIRTH

The Fourteenth Amendment to the U.S. Constitution provides that anyone born in the United States and subject to the jurisdiction of the U.S. is a U.S. citizen. Exception: Children born in US to high ranking

diplomats

NATURALIZATION

BECOMING A CITIZEN AFTER IMMIGRATING TO THE UNITED STATES

BASIC REQUIREMENTSThe requirements for Naturalization are that an applicant must:

1. be a lawful permanent resident for 5 or 3 years

2. be at least 18 years old

3. have good moral character, keeping in mind certain specific “bars” to naturalization

4. be able to pass an English and U.S. history and government exam

5. have made a home in the U.S. for at least five years (except in certain circumstances such as being married to a U.S. citizen or being in the military)

6. not have disrupted or broken the continuity of her residence in the United States for any of the last five years

7. have been physically present in the U.S. for at least half of the five year period (except in certain circumstances such as being married to a U.S. citizen or being in the military)

8. swear loyalty to the U.S. by taking a loyalty oath

PRACTICAL SKILLSPUTTING IT ALL TOGETHER!

YOU ARE AN IMMIGRATION SERVICES PROFESSIONAL – NOW WHAT?

THE IMPORTANCE OF A WELL ORGANIZED PACKAGE

Packages should be organized so USCIS can:

Easily identify what type of filing they are looking at;

The filing fees are correct;

Which documents support which forms.

The way you organize and label exhibits can prevent USCIS from rejecting a package.

IMMIGRATION FORMS Use the Most Current Form

USCIS May Not Accept Previous Editions

Use the USCIS Website to:

Ensure Your are Us the Most Current Form

Ensure Filing Fees are Correct

Ensure that the Package is Mailed to the Correct Lockbox

Address vary by form, place of residence and what else is being filed concurrently

AVOID REJECTION OF PACKAGE

Rejection Alert: USCIS will reject a package if: an outdated form is submitted; filing fees are incorrect; a form is incomplete; or required supporting documentation is not submitted.

IMMIGRATION SOFTWARE

You can purchase immigration software to complete immigration forms and manage cases

Examine features carefully and pick a software that is easy to use and fits the needs of your office

One thing to keep in mind regarding software is that is not connected directly to the USCIS website. As such, if you are using software it is a good idea to check the USCIS website periodically to make sure your software has updated the forms to the edition currently being accepted by USCIS.

FORM INSTRUCTIONS AND CHECKLISTS

Every form on the USCIS website is complete with a set of instructions

Follow the form instructions carefully. You can download and print form

instructions from the USCIS website

FORM INSTRUCTIONS AND CHECKLISTS

Use the instructions as a checklist, and make sure you have everything that is requested; otherwise, you'll be asked to provide information later, and this can delay the processing of your case.

If you create a checklist from the instructions you can give a list to your clients, as well as have a valuable tool to ensure that the package is complete.

CHECKLISTSFamily Petition Checklist

Forms: Fees: G-693 $ 0.00 (Designated Civil Surgeon Completes) I-130 $ 535.00 I-130A $ 0.00 (if filing for a spouse) I-131 $ 0.00 (if filed with I-485) I-485 $1225.00 (includes Biometric Fee) I-765 $ 0.00 (if filed with I-485) I-864 $ 0.00 Total Filing Fee $1760.00 Documents Needed:

� Birth Certificates for Petitioner and Beneficiary � Passport – Copy of outside cover, Biometrics Page, and Visas - Petitioner and Beneficiary � Petitioner’s US Passport OR Naturalization Certificate OR Green Card – whichever applies � 2 Passport Style Photographs of Petitioner (white background and must show shoulders) � 4 Passport Style Photographs of Beneficiary (white background and must show shoulders) � Medical Report for Beneficiary (Form I-693) � Proof of Legal Entry – (Beneficiary) – I-94 (If Applicable) � Last 3 Years Income Tax Returns for Petitioner, Including W2’s and/or 1099’s OR Tax Transcripts � Job Letter OR last 4 paystubs - Petitioner

IF Applying for Your Spouse You Will Also Need - Proof of Bona Fides of Marriage:

� Copy of Marriage Certificate � Proof of Termination of Previous Marriages (Copy of Divorce Papers, Death Certificate, etc) for all

previous marriages � Proof of the bona fides of marriage: Bona Fides MUST establish 1) Joint Marital Residence and 2)

Comingling of Finances (as many as possible of the items listed below). o Photographs of Petitioner and Beneficiary together o Documents showing joint ownership of property o Lease showing joint tenancy – should have both names o Documentation of co-mingling of financial resources (joint bank account, life insurance policies

with your spouse as the beneficiary, etc.) o Copies of Utility Bills with Both Names on It. o Copies of Joint Purchases such as furniture, cars, etc o Copies of Mail addressed to you Jointly OR separately at the marital address – provide mail from

each of you (Do not provide Junk Mail) o If you have children with your spouse – a copy of each child’s birth certificate o Affidavits from friends or family

Having a checklist of forms and supporting documentation can make things a lot easier for you and your client

Give clients a copy as a “To Do” list

Use the Checklist as your To Do List to ensure the package is complete

SUPPORTING DOCUMENTS

Submit Photocopies of documents – USCIS will not return original documents to your client

The following list is the only original documents that should be submitted:

Passport photos (check the form instructions to determine how many are needed)

Sealed medical exams (if required, as in adjustment of status cases)

Signed translations of foreign-language documents

Affidavits from friends and family to support your case, if required

CERTIFIED Criminal Records

Any documents that the form instructions require the submission of an original document

ORGANIZING THE DOCUMENTS AND SUBMITTING THE PACKAGE

A well-organized package accomplishes three things Makes you look professional and competent to your client

Faster processing / Less likely to be rejected

Establishes credibility for your client with USCIS.

That will be important if their filing requires an interview.

PASSPORT PICTURES

Requirements 2” x 2” White Background Must Show Shoulders Colored Shirt Single/Separate Photos

Back of Each Photo: Full Name of Person in Photo A# of the person, if applicable Use a #2 Pencil or Thin Black Permanent Marker

PASSPORT PICTURES

Submitting Photos with the PackagePlace the Photos in a labeled envelope

Staple the envelope to the Cover Letter; or

Tape the envelope to an exhibit page

2 Passport Style PhotographBeneficiaryForm I485

FILING FEES

Fees can be paid with: Personal Check

Cashier’s Check

Money Order

Credit/Debit Card with Form G-1450

Online Filings can be paid with a credit card

FILING FEES

Submitting Filing Fees with the PackagePlace the Fees in a labeled envelope

Staple the envelope to the Cover Letter; or

Tape the envelope to an exhibit page

FILING FEES$1,760.00

(I-130= $535 + I-485=$1,225)

COVER LETTERS

This is the first impression of your client to USCIS

Easily Identifies the type of filing for USCIS Easily Identifies the Petitioner and Beneficiary Summarizes the package contents Can also include explanations of “out of the

norm” contents of the package Can Detail why the applicant/beneficiary is

eligible to receive benefits

COVER LETTERS

Contents of a good cover letter1. Letterhead with return address

2. Date of Mailing

3. Method of Mailing

4. USCIS Address

5. Subject Line

6. Petitioner’s Name (A#, if applicable)

7. Beneficiary’s Name (A#, if applicable)

8. Body of Letter

9. Table of Contents if it is part of the letter

10. Closing Salutation

COVER LETTERS

Even though you are not an attorney, USCIS expects cover letters in a style similar to “legal writing”

Some tips to remember:1. Follow basic rules of writing

2. Use Complete Sentences

3. Paragraph contain at least 2 sentences

4. Mind your grammar (use the grammar check)

5. Avoid using cultural jargon

6. Use a either 10pt, 11pt or 12pt font – the USCIS scanners have a hard time transposing smaller or larger fonts

7. Use Times New Roman, Helvetica, Arial or Garamond Fonts if possible – USICS Scanners have these fonts programmed in their scanners

COVER LETTERS

Let’s Look at the Sample Cover Letter

TABLE OF CONTENTS

Table of Contents is a “map” or “GPS” of the package

Organizes Forms and Supporting Documents in a logical order

Allows for the same document to support more than 1 required element of the package

Good tool for YOU to make sure that you have included everything required for the package

Makes USCIS Happy!!!

Establishes credibility for your client with USCIS

TABLE OF CONTENTS

In general – 8 Categories

1. Filing Fees or Fee Waiver and Supporting Documents

2. Passport Style Photographs

3. Identity Documents (USCIS automatically knows these docs prove a person’s citizenship/nationality)

4. Evidence of Legal Entry into US (if applicable)

TABLE OF CONTENTS

In general – 8 Categories

5. Proof of Relationship (if applicable)

6. Personal Statement in Support of Application (if applicable)

7. Each Required Evidence Category from Instructions

a. Bona fides of marriage, affidavit of support, good moral character, etc.

8. CERTIFIED Criminal Records

TABLE OF CONTENTS

All evidence and supporting documents are exhibits

Label exhibits with letters or numbers

Use colored sheets of paper to label each exhibit

Do NOT use exhibit tabs

USCIS will have to remove them to scan the package

They will NOT be happy!

Compare your table of contents to your checklist to make sure you have included everything

TABLE OF CONTENTS

Let’s Look at the Sample Table of ContentsPage 137

MAILING THE PACKAGE TO USCIS

DOUBLE CHECK: Are ALL of the forms complete?

Are ALL of Names, addresses, dates of birth, etc are the same on all of the forms?

Are ALL of the forms signed?

Are the passport photos labeled?

Are the filing fees correct with name and A# in memo line?

Is the supporting documentation labeled and in the same order as the table of contents?

Do you have the correct mailing address for USCIS for the package you are mailing?

MAILING THE PACKAGE TO USCIS

Most Immigration Services Professionals use US Mail with tracking to mail packages – unless it is an emergency

Make a note of the date you mailed the package with the tracking number

Note it in the clients file

Keep a log

If a receipt has not been received within 30 days, check the tracking on the packing to see if it was received

SAMPLE GREEN CARD INTERVIEW

Tips for you clients

SAMPLE QUESTIONS

Relationship Development:• Where did you meet?• Where did you go on your first date?• Were you introduced to each other’s friends?• When did you realize you loved your spouse?• Who proposed to whom?• How did they propose?

The Wedding:• Where did you get married?• How many people attended?• What did your spouse wear?• Did you have a reception or any type of celebration?• Was there any type of entertainment?• Who were the bridesmaids/groomsmen?• What was the color scheme?• What flavor was the wedding cake?• Did you go on a honeymoon? If so, where?

Daily Life:• Who gets up first?• How many alarms do you set?• Who sleeps on what side of the bed?• What do you each eat for breakfast?• Who is your spouse’s employer?• What time do you each arrive home from work?• Who does the dishes?• What day is your garbage picked up?• Who takes care of the finances?• Do you have any pets? Who takes care of it?• Where do you keep the spare toilet paper?

Nighttime Routines:• What size is your bed?• How many windows are in your bedroom?• Do you have a television in your bedroom?• What color is your comforter?• What kind of toothpaste do you use?• Does your spouse read or watch television before bed?• What kind of pajamas does your spouse wear?

IMMIGRATION FORMS

Let’s Take a Look at the USCIS website

www.uscis.gov

Illustration 1

Actions to take if a case is outside the processing time:

Online Status Inquiry

Call USCIS

Ask Ombudsman’s Office for Assistance

Congressional Inquiry

Infopass

Delays Beyond USCIS Time Estimates

ADRIAN@LATINIMMIGRATION.ORGGREG@LATINIMMIGRATION.ORG