‘Lesson Plan Overview Course IMMIGRANT CLASSIFICATIONS [Course Description ‘An eight-hour course of lastruction with an emphasis on immigrant classifications. Included are the documentary requirements for admission to the United States as well as the exceptions to documentary requirements for an alien or classes of aliens. Procedures for changes of immigrant status are explained. This is a basic introductory course. Officers will need to develop additional skills and knowledge after basic training to deal with more complicated situations, which will be encountered on the job. ‘Field Performance |The immigration officer will be able to make an accurate determination | ‘Objective of an applicant’s right to be or remain in the United States according to | law, regulations, policy and operational instructions. Interim (Training) T._ Classify applicants for admission based on established Performance Objectives criteria for each of the more comamon immigrant classifications. 2. Identify the criteria to establish eligibility for admission, into the U.S. for each of the classes discussed. 3. Identify the types of documents required for each Classification. 4, Identify those aliens within the U.S. who are subject to the laws of alien registration. Instructional Methods Lecture, PowerPoint Presentation Time 8 Hours - “Training Aids Computer and overhead projector ‘Method of Evaluation — Maltiple choice examination | WORKBOOK: Immigrant Classifications ICE ACADEMY Fall, 2007I. DEFINITIONS A. An ALIEN is defined in section 101(2)(3) of the INA as any person not a citizen or national of the United States. ‘There is a presumption that all people who arrive in the United States are aliens until they can demonstrate otherwise. B. An alien is presumed to be an IMMIGRANT, a term, which is, defined in section 101(a)(15) of the INA as every alien except an alien who is within one of the classes of nonimmigrants. Aliens are presumed to be immigrants until they can show that they fall into one of the existing classes of nonimmigrant aliens. ALIEN NONIMMIGRANT Il. CITIZENSHIP AND IMMIGRATION SERVICES (CIS) PETITIONS A. Certain individuals such as priority workers, investors, certain special immigrants, and diversity immigrants can file petitions or applications on their own behalf, All others must have a relative or potential employer petition for them. ‘The alien who has a petition filed on his or her behalf is considered the “BENEFICIARY” of the petition. B. Petitions are submitted using specific public use immigration forms (See, 8 C-F.R. 299.1 for a comprehensive list of public use forms}. ‘In this situation, Forms -130, 1-140, and 1-360 are used to establish a relationship and determine eligibility for the classification sought. It is often the first step in the process of an alien becoming an immigrant. 300) ICE ACADEMY Fall, 2007C. Most petitions to classify an alien as an immigrant are filed with one of several Service Centers operated by United States Citizenship and Immigrations Services (CIS). IL IMMIGRANT VISA APPLICATION PROCESS ‘A visa is commonly understood thtougtiout the world to bea passport stamp or document that authorizes the passport-holder to enter a country for specific purposes and for a particular time period, ‘The United States Department of State (DOS) issues both nonimmigrant and immigrant visas for entry into this country, An IMMIGRANT VISA is a “... visa required by this act and properly issued by a consulat officer at his office outside of the United States to an eligible immigrant wider the provisions of this Act.” [See,' Immigration and Nationality Act (INA) Section 101(@)(16)] ‘A. The application for an immigrant visa is generally made abroad at either a U.S. Consulate or U.S. Enttbassy having jurisdiction over the beneficiary's place of residence. B. Generally, every alien applying for an immigrant visa is required by the Intelligence Reform and Terrorism Prevention Act of 2004 to appear personally before a consular officer. This requirement may be waived only for a child under the age of 14, (See, 22 CFR. 42.62] C. The consular officer will often require the alien applicant to furnish documents to éstablish the alien’s eligibility to receive an immigrant visa ineluding: : i, Police cettificates (if available in alien’s country) Prison Record (certified copy of any existing record) Military records . : Birth certificates “Marriage licenses or vi, Any othet document considered necessary by the consular officer [See, 22 CFR. 42.65] D. Immigration Jaws probibit visa issuance to certain applicants. ‘These grounds of inadmissibility are found in Section 212(a) INA and include such things as prostitution, drug crimes, terrorist activities, etc. E. Upon receipt of the approved petition or official notification of its approval, consular officers are authorized to grant an alien ‘immediate relative or preference status. The status accorded in WORKBOOK: Immigrant Classifications ICE ACADEMY : Fall, 2007such a petition status will be granted for the period authorized by law or regulation. ‘The approval of a petition does not relieve the alien of the burden of establishing to the satisfaction of the consular officer that the alien is eligible in all other respects to receive a visa (See, 22 CFR. 42.41]. F. If the consular officer acting upon an application for a visa knows or has reason to believe that the approval of the CIS petition was obtained by fraud, misrepresentation, or other ‘unlawful means, or that the beneficiary is not eatitled, for some other reason, to the status approved, he shall suspend action in the application process and return the petition with a report of the facts to CIS [See, 22 CFR. 42.43] IV. VALIDITY OF IMMIGRANT VISAS Generally, once issued by the consular officer, the maximum petiod of validity of an immigrant visa is SEX'MONTHS [See, 22 CFR. 42.72), There ere two common exceptions to this six month validity period: EXPIRING PASSPORT OF ALIEN - The general immigrant [passport requirement is that an alien’s passport must be valid at least 60 days beyond the expiration date of the immigrant visa. Those immigrants that require a passport to immigrate to the United States, but whose passport is not valid for at least 8 months at the time of ‘visa issuance will have the validity of their immigrant visa shortened to meet the 60 day passport requirement. EXAMPLE: An alien is at the consulate to receive his immigrant visa. He has a passport that is valid for only five months. His immigrant visa will be valid for only three months to accommodate the 60 day passport requirement: 3 months + 60 days = 5 month validity of alien’s passport. Y) + (PP) = PP expiration date) IMPENDING BIRTHDAY OF A “CHILD” - The definition of “child” is someone who is unmarried and under 21. If an alien will tum 21 before the time an immigrant visa would typically expire (within six months), then the visa’s expiration date will be changed to coincide with the day before the alien’s 21st birthday. EXAMPLE: An alien is at the consulate to receive her immigrant visa that is designated with the classification for “child of a United States citizen”. She is currently 20 years old and unmarried. Her ICE ACADEMY Fall, 20072st birthday is three months away. Her immigrant visa will be valid until the day before her 21st birthday. Once she turns 21 she is no longer corisidered a “child” and therefore ineligible for that particular visa classification, ‘V. GENERAL IMMIGRANT REQUIREMENTS sausaneon ‘A common misconception is that an immigrant visa grants an alien the unfettered right to admission into the United States, This is incorrect. An intending immigrant with a valid visa must still establish alienage and identity, as well as show proof of eligibility for admission. Ifthe individual has suffered a conviction between the time the visa was issued and the application for admission, which ‘wm=w=s renders him inadmissible, admission will be denied. Likewise, ifan Se pt individual seeks admission as a spouse, but subsequent to visa issuance and prior to such application for admission the marriage Pictured above is the cu. ‘ended in divorce, admission would be denied. ‘version of an immigrant visa. ‘The arrow directs our attention to an admission stamp she would have obtained at the POE, Below the alien’s picture is a pre- 7 : ‘printed ADIT notation. WORKBOOK: Immigrant Classifications ns ICE ACADEMY oe Fall, 2007VI. IMMIGRANT ADMISSION PROCEDURES fot nusworr atv Y A. Aliens admitted for lawful pennanent residence at a port-of-entry @ = a (POE) are immediately processed for a Permanent Resident Card (Form -551). They do not receive their actual Permanent ——_usumusurmeurmemares Resident Card at the time of initial admission; rather they receive temporary proof of their newly obtained status. “Thins the nes Permanent Reside B. While the immigrant awaits the manufacture and receipt of the [- G&2GomelSsp. Uisprodued by the 551, aprocess which can take up to several months, evidence of UCFS)sedisuetatcis Seve hhis Or ker status as an immigrant is documented either: {o0n AsPermment Ren ere ‘a fora masta of 10 yar 1. inthe alien’s passport, or ovata heya 068 come te 2. on Form I-94 (Arrival-Departure Record) os C. Form I-89 - Data Collection Form is used to'record an alien’s “=v fram fingerprint end signature for his Permanent Resident Card. Sage D. All immigrants who are admitted at a POE are provided proof of hia their newly obtained status. The proof consists of an admission ie stamp and an ADIT stamp. | E. Not all immigrants are required to have a passport to immigrate ==... to the United States, accordingly, these notations are either made i in the alien’s passport, or in the case of an alien who is not — required to have a passport, on the I-94, The admission stamp tye uampsdueusedat etd will identify the place, date, and classification of entry, the wsergoncanag nine pust few year. alien’s A-number, as well as the identity (by number) of the At'a2mmnccrampl ofthc Lema inspecting officer and the duration of admission. The ADIT ote ADIT sap. stamp serves as temporary evidence of permanent residence gayy yusee he crret stafus and is valid for e period of one year. It in turn is used as stamp erented post Deparnt of proof of eligibility to receive a social security card, accept Homan’ Searcy osaton anda employment, and travel outside the United States. P. Permanent Resident cards have validity periods of tem years (01m § ‘with the exception of those cards issued to conditional residents ax that have a two-year expiration date, If a card has been st === mutilated, or is within six months of expiration a lawful permanent resident is required to apply for a replacement, The S* tne ADIT samp below: process requires the filing of a Form I-90 with CIS [See 8 CFR. 264.5] Saas Be =< B B ICE ACADEMY Fall, 2007‘VIL IMMEDIATE RELATIVES The Petition for Alien Relative-Form 1-130 is a public use immigration form used to request the classification of alien relatives. Petitioners for Immediate Relatives and Family Sponsored Preference immigrants use a Form 1-130. The filing of the petition with CIS is the first of many steps taken to obtain lawful permanent resident status for a relative. Among the community of petitioners and beneficiaries. the ptocess is frequently referred to as “fixing someone’s papers.” While both U.S. citizens and Lawful Permanent Residents can file this type of petition, the categories of possible beneficiaries are much broader for U.S. citizens. ‘NEITHER THE FILING, NOR THE SUBSEQUENT APPROVAL OF AN 1-130 PETITION AUTHORIZES THE ‘BENEFICIARY ‘TO ENTER OR REMAIN IN THE UNITED STATES NOR DOES IT GRANT EMPLOYMENT AUTHORIZATION. A. Approval ofa petition merely establishes a basis for the ‘beneficiary to apply for an immigrant visa at the appropriate consulate or embassy abroad (See, 22 C.FR. 42.61]. Such an application is made by submitting a Form OF-230, Application for Immigrant Visa and Alien Registration, along with any necessary supporting documentation [See, 22 C.F.R. 42.63 and 42.65), B. The approval of a petition does not relieve the alien of the ‘burden of establishing to the satisfaction of the consular officer acting upon his-application that he is eligible in all respects to receive a visa: . C. The filing date of an approved petition [meaning it is received by CIS properly signed and with the appropriate fees being paid] establishes a priority date for Family Sponsored visa classifications [See, 22 C.F.R. 42.53 and INA section 203(a)] and for certain employment based visa classifications [See, INA section 203(b)]. There are several categories of immigrants including: Immediate Relatives, Family Sponsored immigrants, Employment Based immigrants, Special immigrants, and Diversity and Miscellaneous immigrants. Every fiscal year there are worldwide levels or numerical limitations on the number of aliens allowed to immigrate to the US. Aliens classified as Immediate Relatives (generally those classifications that begin with IR or IW) are not subject to ICE ACADEMY Fall, 2007 AUS. CITIZEN CAN FIL. FOR: spouse (IR-1) acchild (enmarried and under 21) (R-2) snmarried son or daughter (21 years or older) FL) ‘married child of any age 31) brother or sister, (provided USC petitioner is 21) (41) ‘parents (provided USC ‘petitioners 22) R-5) ANILPR CAN FILE FOR: spouse (F21) a child (unmarried sunder 21) (F22) soumarried son ar daughter (21 years or colder) (F24) Consular posts abroad will accept ‘petitions for immediate relative ‘immigrant classification from ‘American citizens who are resident in their consular districts, including. rmetnbors of the armed forces, a8 Well as true emergency cases, such as lif and desth or health and sufoty, and others determined to be in the national interest. ‘The Department of Stat and the US. Citizenship and Immigration Service (USCIS) have developed a ‘mechanism whereby USCIS will perform nese required "Adam ‘Walsh Act” checks for any petitions accepted abroad by consular officers, AWORKBOOK Immiarant Classificationsthese direct numerical limitations and generally do not wait for immigrant visas to become available. Their wait simply consists of the normal petition and_immigranit visa application processing times. ppt aly Be ‘VIII. CONDITIONAL PERMANENT RESIDENTS Conditional permanent residency: was created as a result of the Immigration Marriage Fraud Amendments of 1986. Both U.S. citizens and Lavwful Permanent Residents are eligible to petition for ‘an alien spouse and certain stepchildren (“fix their papers”). An alien spouse is considered a conditional permanent resident if, at the time of admission to the United States or adjustment as an ‘immigrant, the marriage is less than two years old. Likewise, an alien child is considered a conditional permanent resident if the marriage that formed the relationship between the petitioner and beneficiary occurred prior to the child’s 18" birthday, and the mariage is, at the time of admission to the United States or adjustment as an immigrant, less than two years old. Conditional permanent residency status in both instances lasts for two years, beginning at the time the alien is admitted to the United States or adjusted as a Lawful Permanent Resident, not from the time the mariage commences. As an example, an alien spouse who is admitted to the United States today at JFK Intemational Airport, ‘who has only been married to the petitioning spouse for a period of one year, eleven months, and 29 days, will be admitted as, and considered, a “conditional permanent resident” for a period of two years. A qualifying stepchild [with his/her own visa] who is ‘admitted today along with that mother would also be admitted es, and considered, a “conditional permanent resident” for a period of ‘two years. The key to conditional permanent residency is the “age” of the marriage at the time of admission or adjustment of status! ‘The Permanent Resident Card (Form I-51) of a conditional resident will reflect a two-year expiration date. Most conditional classifications begin with the letter “C”. Being a conditional resident has no effect on the alien’s ability to live or seek employment in the United States, travel outside of the United States, cz petition for alien relatives. Ninety days before the second anniversary of the alien obtaining Lawful Permanent Resident status, the alien must file e Form I-751 All lawl permanent residents, and American Citizens resident in the United States or with 2 ‘permanent address in the United States, must file I-130 petitions at the USCIS Service Center having Jurisdiction over their place of residence. Pictured above isan older resident alien card (1551) depicting the ‘admission of Ms. Swictek asa conditional permanent resident. Admitted at Chicago, Hinois as the ‘spouse of a United states citizen (CR1), Ms, Swietek was admitted ‘on March 16, 1989 and the card expires March 16, 1991 WORKBOOK: Immigrant Classifications ICE ACADEMY Fall, 2007(Petition to Remove the Conditions on Residence), to remove the. conditional status. Its filed jointly by the conditional permanent resident spouse and the U.S. citizen/LPR spouse, along with evidence of the valid marriage. This evidence typically includes documents showing joint ownership or tenancy of property, bisth certificates of children, affidavits of third parties who know the couple, photographs, and bills showing shared residence. Ifboth spouses cannot file jointly, the conditional resident may file a waiver on Form J-751 (Petition to Remove the Conditions on Residence). Waivers ate available where the petitioning spouse has passed away. Waivets may also be available if the marriage is ‘terminated, however the conditional permanent resideiit spotise ‘would have to Show CIS that extreme hardship would result from" removal, along with proof that the matriage was entered into in good faith but nevertheless ended in divoroé. If the conditional permanent resident spouse cari show that despite a good faith rhatriage, the ‘marital relationship resilted in domesti¢ violence or extreme ctuelty, waiver can be granted (See, INA séetion 216(¢)(4)]. At any time during the two-year petiod the conditional residency can be terminated ifit is found that the qualifying marriage is improper. A conditional permanent resident’s status will be automatically terminated if the conditions are not removed through approval of timely filed Form I-751 (Petition to Remove the Conditions on Residence). Thus the failute to submit, or the denial of such an application means the individual will forfeit the right to reside, work and travel as a U.S. permanent resident. A foreign national who is found in or seeks to return to the United States after the second anniversary of the grant of conditional permanent residence, whose conditions were not removed, should be arrésted and placed in removal proceediigs. ‘Feriniation of residency status in the manner described above edn be challengéd before the immigration judge in removal proceedings [See, INA section 216(b)(1) and(b)(2)] Removal of a parent’s conditional status often serves to remove the conditions on.a child. Once the conditional status is removed the alien’s classification will change as well. Time spent as a conditional permanent resident is creditable towards the number oF yeurs needed to qulify to file an application for naturalization (See, INA section 216(¢)] WORKBOOK: Immigrant Classifications ICE ACADEMY Fall, 2007wi IMMEDIATE RELATIVE.CLASSIFICATIONS: IR1 — SPOUSE OF A US. CITIZEN ‘Must have an approved I-130 petition Evidence of legal, civil registered marriage Final termination of all previous marriages Bona fide husband-wife relationship Married at least two years at the time of admission to the U.S. Exempt from general passport requirement — admission at a port- f-entry does require an immigrant visa CR-1 SPOUSE OF AUS. CITIZEN (CONDITIONAL STATUS) Must have an approved I-130 petition Evidence of legal, civil registered marriage Final termination of all previous marriages Bona fide husband-wife relationship ‘Married less than two years at the time of admission to the U.S. CR-1 is a conditional resident Exempt from general passport requirement ~ admission at a port- of-entry does require an immigrant visa 1R2 CHILD OF AUS. CITIZEN ‘Must have an approved I-130 petition ‘Must meet the definition of child [See, INA section 101(6)(1)] both at the time of visa issuance and at the time seeking admission into the U.S. “CHILD - means an unmarried person under twenty-one years of age who is: a. achild born in wedlock; b. astepchild, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild ‘occurred; ¢. achild legitimated... the exact particulars refer to actual text of 101 (6)(1)(CY before the child reaches the age of eighteen years 4. achild born out of wedlock, by through whom, or on whose behalf a status, privilege, or benefit Bi rant Classificati ICE ACADEMY Fall, 2007 Subpart G~-Application for Immigrant Visas, specifically 22 CFR 42.61 w 42.68 coversa broad range of topics including ‘whore to apply fora visa, interview requirements, application forms, passport requirements, supporting documents, medical examinations, and alien registration and fingerprinting. This information is available for review in your Immigration Law Handbook. Wwwe is sought by Virtue of the relationship of the child to its natural mother or father if the father has or had a bona fide parent-child relationship with the person; and €. achild adopted while under the age of sixteen years if the child has been in the legal eustody of, and has resided with, the adopting parent or parents for at least two years;..(als0 inchides other naturel siblings of an adopted child who are subsequently adopted by the same petitioner, as long as the sibling is under the age of 18 and meets all other qualifications); + If a stepson or stepdaughter, the marriage that created the relationship with the U.S. citizen has been in place for at Iéast two years + Exempt from general passport requirement ~ admission at a port- of-entry does require an immigrant visa CR2 CHILD OF A U.S. CITIZEN (CONDITIONAL STATUS) ‘Must have an approved 1-130 petition ‘Must meet the definition of child [See, INA section 101(b)(1)] both at the time of visa issuance and at the time seeking admission into the U.S. Evidence of stepchild relationship with US. citizen, Has been a stepson or stepdaughter of the U.S. citizen for less than two years ‘+ Exempt from general passport requirement — admission at a port- of-entry does require an immigrant visa OTHER CLASSIFICATIONS: IR-3 — Orphan adopted abroad by U.S. Citizen ‘+ Approved J-600 petition ‘* Child must be seen abroad in person by parent(s) ‘+ Exempt passport, requires immigrant visa IR-4 — Orphan adopted by U.S. Citizen Approved 1-600 petition Child not seen abroad by parent(s) or coting to United States to finalize adoption © Requires both a passport and immigrant visa, ‘ ran ICE ACADEMY Fall, 2007 (On March 31, 1994, the United States signed the Hague Convention on Protection of Children and Co-operation in Respect of intercountry Adoption, ‘The Convention provides a framework of safeguards for ‘protecting children and families involved in interecuntry adoptions, On October 4, 2007, USCIS. ‘published an interim rale to ‘implement the Convention. The U.S. Department of State (DOS) isIR-5 ~ Parent of U.S. Citizen ‘* Approved I-130 petition ‘* US. petitioner must be at least 21 years old * Petitioner must have met the definition of child to the parent at one time ‘© Exempt passport, requires immigrant visa IW-1 — Widow/Widower of U.S. Citizen Approved 1-360 petition Alien petitions for himself/herself Married to deceased U.S. citizen for at least 2 years Petition filed within 2 years of U.S. citizen’s death Alien not legally separated from U.S. citizen at time of death * Allen has not remarried + Exempt passport, requires immigrant visa ‘* Listed on IW-1’s approved I-360 petition ‘* Must meet definition of “Child” at time of visa issuance and at time of admission or adjustment of status Married to deceased U.S. citizen for at least 2 years Exempt passport, requires immigrant visa IX. VISA ALLOCATION ‘There are five main ways aliens can immigrate to the United States. Unlike Immediate Relatives [the first group] who are not subject to yearly numerical limitations or quotas, the remaining four groups or categories of immigrants are subject to numerical limitations. Those four groups are identified as follows: ‘Family Sponsored Immigrants Special Immigrants ‘Employment Based Immigrants Diversity and Miscellaneous Immigrants Aliens who wish to immigrate to the United States based upon WORKBOOK: Immigrant Classifications. ICE ACADEMY Fall, 2007one of thesé four classifications are going to be subject to annual numerical limitations on the issuance of immigrant visas. In essence they must all wait until a visa is available for them. The length of an alien’s wait for an immigrant visa is based on his PRIORITY DATE ~ that is, the date the alien’s petition was filed (as previously defined) with the Government. If a person has waited long enough to be eligible to apply for and receive his immigrant visa, his visa is said to be “current.” In order to discover/estimate the length of any particular individual's wait, and more importantly to discover if a particular visa is current, one must refer to the “Visa Bulletin.” ‘The Visa Bulletin is a reference document published monthly by the United States Department of State. It tells the reader, for each of the individual visa categories, the current priority date, If a person in a particular category has a priority date that is on or before the priority date listed in the Visa Bulletin they are eligible to continue the process by filing their visa application with a consulate or embassy abroad. The most current edition [and archived editions] of the Visa Bulletin can be seen online at: Ittpy/travel.state.gov/visa/fivi/bulletin/bulletin_1360.html FAMILY SPONSORED PREFERENCE IMMIGRANTS ‘There are four preferences or groups of family sponsored immigrants (First, Second, Third, and Fourth Preferences). In the Family Sponsored categories, either a U.S. citizen or ‘Lawful Permanent Resident petitions for qualified aliens. The appropriate petition is the Form 1-130 (Petition for Alien Relative). All Family Sponsored classifications begin with the letter “F” with the exception of any beneficiaries that are admitted as conditional permanent residents [they would start with a “C”), ‘As a practical matter, since the current priority dates for Second Preference Family Sponsored immigraits involve ‘waits of more than two years, itis highly unlikely to see a new or arriving Family Sponsored immigrant with a conditional status. Waiting for a priority date for at least two years would exclude an alien from being classified as a conditional resident where conditional status requires the marriage creating the relationship must be Jess than two years old. ‘The First, Third, and Fourth Preferences are reserved for U.S. citizens who petition for their unriarriéd and married soris and’ wot rant Cl; io ICE ACADEMY Fall, 2007 Point of Interest: Effective Novem. 1, 2007, US. Citizenship and Immigration Services (USCIS) announced the Cuban Family Reunification Parole Program (CERP). The purpose of the program is to ‘expedite family reunification through, safe, legal, and orderly channels of migration to the United States and to discourage imegular and inherently dangerous maritime migration. Under this program, USCIS is offering beneficiaries of approved family-based immigrant visa petitions an opportunity to receive a discretionary grant of parole to come to ‘the United States rather than remain in Cuba to apply for lawful penmanent resident status, Participation in the CERP Progam is voluntary and not available to aliens who qualify as “immediate relatives" under section 201G)QMAN) of the INA, § USC. LISUBYAVAD. Whether to parole @ ‘pticalr alin remains, however, a case- by-case, discretionary determination. For ‘additional information on the CERP program, please visit www.useis ge 3daughters, and their brothers and sisters. The Family Second Preference (F2_) category is the only category in which an LPR cen petition for certain relatives. An LPR cannot petition [fix papers”] for as many kinds of relatives es a U.S. citizen can, LPRs may only petition for their spouse, child, or an ‘unmarried son and daughter ~ Fil UNMARRIED SON OR DAUGHTER OF A U.S. CITIZEN UNITED STATES CITIZEN PETITIONER “Must have an approved I-130 petition FL is at Jeast 21 years of age at time of visa issuance and subsequent admission, otherwise he would be UNMARRIED SON OR eligible to immigrate as an IR-2 DAUGHTER ‘+ Exempt from general passport requirement — admission ata port-of-entry does require an immigrant visa F11 F12 CHILD OF ALIEN CLASSIFIED Fit CHILD OF F11 ‘© Must accompany or follow to join the F11 parent F12 Does not have to be listed on F11’s -130 petition, but, does require its own visa application with the consulate or embassy UNMARRIED means an individual who ‘*\ Cannot be petitioned for directly ~is a derivative eee eae ee classification not previously married. 101(a)(39) INA ‘+ Must meet definition of child at the time of visa issuance and admission into the United States + Exempt from general passport requirement ~ admission at a port-of-entry does require an immigrant visa separate from the parents ‘ F31 MARRIED SON OR DAUGHTER OF AUS. Reine ‘CIEIZEN F31 ‘© Mast have an approved I-130 petition No age restrictions or qualifications - would be IR-2 or Fil ifunmarried ‘SPOUSE OF F31 + Requires passport and admission ata port-of-entry does F32 require en immigrant visa F32_ SPOUSE OF ALIEN CLASSIFIED F31 CHILD OF F31 * Must accompany or follow to join F31 F33 # Does nat have tobe listed on F31’s I-30 petition, but 10K; Immigrant Classifications M4 ICE ACADEMY Fall, 2007does require its own visa application with the consulate or embassy ‘* Cannot be petitioned for direotly - is a derivative classification. Requires passport and admission at & portof-entry.does require an immigrant visa separate from the spouse’s ¥33 CHILD OF ALIEN CLASSIFIED F31 ‘+ Must accompany or follow to join the F31 Does not have to be listed on F31's 1-130 petition, but does require its own visa application with the consulate or embassy + Cannot be petitioned for directly - is a derivative classification ‘+ Must meet definition of ehild at the time'of visa issuance and admission into the United States, Requires passport and admission at a port-of-eniry does require an immigrant visa separate from the parent's ~ F41 BROTHER OR SISTER OF A US. CITIZEN ‘* Must have an approved I-130 petition .S, citizen and alien benteficiaty must establish that they once qualified as children of a common parent. Any stepbrother or stepsister relationship must have been formed before the beneficiary reached the age of UNITED STATES CITIZEN PETITIONER i8 The alien classified F41 can be any.age BROTHER OR SISTER] + Roqures passport and admission at aportofeity does ag require an immigrant visa > F42 SPOUSE OF ALIEN CLASSIFIED F4i ‘Must accompany ot follow to join F41 SPOUSE OF F41 Does not have to be listed on F41’s I-130 petition, but F42 does require iti own visa application with the consulate or embassy ‘© Cannot be petitioned for directly - is a derivative classification ‘* Requires passport and admission at a port-of-entry does require an immigrant visa separate froin the spouse's 343 CHILD OF ALIEN CLASSIFTED F41 z CHILD OF F41 WOR! TCE ACADEMY . Fall, 2007‘¢ Must accompany or follow to join F41 * Does not have to be listed on F41"s 1-130 petition, but does require its own visa application with the consulate ‘or embassy * Cannot be petitioned for directly - is a derivative classification +. Must meet definition of child at the time of visa issuance and admission into the United States ‘+ Requires passport and admission at a port-of-entry does require an immigrant visa separate from the parent's NOTE: In order to petition for a brother or sister in the Family Fourth Preference: © The U.S. citizen must be at least 21 years of age at the time of filing the F-130. «The USS. citizen must not have immigrated to the United States as an adopted child, orphan, or juvenile ward of the court. If so, the U.S. cittzen is precluded from petitioning for a biological sibling. The courts have ruled that once an alien immigrates based on one of three aforementioned criteria, he or she has severed ties with his or her former family and therefore would be ineligible to petition for a biological sibling [See, In re Kwun YuMA 21 1, & N. Dec 67 (1998) and Matter of Li 121. &N. Dec 700 (1993). © F21 SPOUSE OFLPR ‘Must have an approved 1-130 petition ; : Tare Evidence of legal mariage ‘Bona fide husband-wife relationship Married at least two years at the time of admission to ane aus ooo F2t F22 «Exempt from general passport requirement — admission at a port-of-entry does require an immigrant visa (CHILD OF Fz © F22. CHILD OFLPR F23 ‘© Must have an approved 1-130 pet BOO! ICE ACADEMY Fall, 2007 immigrant Classifications 16,© Must meet the definition of child at the time of visa issuance and admission into the United States ‘+ Exempt from general passport requirement — admission at a port-of-entry does require an immigrant visa F23 CHILD OF ALIEN CLASSIFIED F21 OR F22 ‘© Must accompany or follow to join the principal alien [F21 or F22] Does not have to be listed on F21's or F22’s 1-130 petition, but does require its own visa application with the consulate or embassy * Cannot be petitioned for directly, is a derivative classification © Must meet definitioti ‘of child at»the time ‘of visa issuance and admission into the United States, ‘+ Exempt from general passport requirement ~ admission [ LAWFUL PERMANENT at a port-of-entry does require 4n immigrant visa RESIDENT PETITIONER 24 UNMARRIED SON OR DAUGHTER OF LFR UNMARRIED SON/DAUGHTER | + Must have an approved 1-130 petition F24 ~ @ F24is at least 21 years of age, otherwise would be cligible to immigrate as an F22 or F23 + Exempt from general passport requirement ~ admission at a port-of-entry does require an immigrant visa F25 CHILD OF ALIEN CLASSIFIED F24 * Must accompany or follow to join F24 # Does not have to be listed on F24’s 1-130 petition, but does require its own visa application with the consulate or embassy “ ‘* Cannot be petitioned for directly, is a derivative classification ‘Must meet definition of child at the time of visa issuance and admission into the United States ‘+ Exempt from general passport requirement — admission at'a port-of-entry does require an immigrant visa On August 6, 2002, Presidetit George W. Bush signed into Jaw the Child Status Protection Act (CSPA). This law amerided the INA by changing how an alien is determined to be a child for purposes of immigrant classification. This aw changed who can be considered to be a child for thé 00K: Immigrant Classification: u ICE ACADEMY Fall, 2007‘purpose of the issuance of visas by the DOS and for purposes of adjustment of status of aliens by CIS. While the CSPA did also address the issue of children of asylees and refugees, that topic is not covered in this workbook. Immediate Relatives Section 2 of the CSPA addresses the rules for determining whether certain aliens are immediate relatives. This section was enacted to prevent a child from “aging-out” due to CIS processing delays. Specifically, CIS now uses the date of the filing of a Form I-130, Petition for Alien Relative, to determine the age of a beneficiary adjusting as the child of a United States citizen (USC). For ‘example, if a Form I-130 is filed for the child of a USC when the child is 20, that child will remain eligible for aduission as an IR-2 or adjustment as an IR-7, even if the event does not occur until after the child turns 21, provided ‘he child remains unmarried. Section 2 of the CSPA also amended the INA to allow the children of individuals who naturalize to remain classifiable as IR-2s or IR-7s if the parent naturalized while the child was under 21. CIS now uses the child’s age on the date of the parent’s naturalization to determine whether the child will be eligible for immediate relative status. For example, if a lawful permanent resident (LPR) files a Form 1-130 for her 16-year old daughter and then naturalizes when the daughter is 20, that daughter will remain eligible for admission as an IR-2 or adjustment as an IR-7, even if the adjustment does not occur until after she tums 21, provided the child remains unmarried. Section 2 of the CSPA also amended the Act to allow married children of USCs to use their age on the date of the termination of their marriage when determining under which immigrant category to adjust. For example, if a USC files a Form 1-130 for his 18-year old married son and that son subsequently obtains a divorce prior to turning age 21, that son will be classifiable as an IR-2 or as an IR-7, even if the admission/adjustment does not occur until after he tums 21, provided he does not remarry. Preference Categories Section 3 of the CSPA addresses whether certain aliens will be able to adjust as children of LPRs even if they are no longer under the age of 21. This section is different from Section 2 of the CSPA in that CIS will not be looking at the Form [-130 receipt date to 18 ICE ACADEMY Fall, 2007determine whether an individual over the age of 21 can continue to be classified as a child for immigration purposes. Rather, thé beneficiaty’s age will be locked in on the date that the priotity date of the Form 1-130 becomes current (which is the first day of the month that the priority date became current), less the number of days that the petition is pending, provided the beneficiary seeks to acquire the status of an LPR within one year of such availability. For éxtniple; if a Form 1-130 was filed in 1998 ‘when the child was 20, the priority date became available in September 2002, and the Form 1-130 was tiot adjudicated until September 2002, the benéficiary’s “age” when determining preference category would be 20 (the beneficiary was 24 in 2002, but the petitioi had been pending for the 4 years), provided the “child” applied for an immigrant visa ot for adjustment of status within one year of the priority date becoming available. If, however, this same Form J-130 had been adjudicated in 2000, the beneficiary's “age” when deterihining preference category would have been only 22 (the beneficiary was 24 in 2002 ‘when the priority date became available, but the petition was pending for only 2 years). Itis important to remember that section 3 of the CSPA requires that the beneficiary apply for adjustment of status or for an immigrant visa within one year of the date the priority date became available. Thus, if a Form I-130 was filed on behalf of the child of an LPR, the priority date became available 3 years ago when the beneficiary was still under 21, but that beneficiary did not apply for adjustment of status within ‘one year of the priority date becoming available and has since tumed 21, the provisions of the CSPA will not apply to this beneficiary. ©" * * ‘Unmarried Sons and Daughters of Naturalized Citizens Section 6 of the CSPA provides.for the'automatic transfer of preference categories when the parent of af unmarried son or daughter naturalizes, but also provides the ‘unmarried son or daughter the ability to request that such transfer not occur. Exatnple 1: In August 2002, the priority date for unmarried sons and daughters of LPRs was December 8, 1993 and the priority date for unmarried sons and daughters of USCs was July 1, 1996: Thus, if a LPR filed a Form 1-130 for his 24-year old, unmarried French son and then later naturalized, the son's immigrant category automatically transfetred from the séoond preference to the first preference. This was to the ions ICE ACADEMY Fall, 2007advantage of the beneficiary and he most likely did not prevent such automatic conversion. Example 2: In August 2002, the priority date for Filipino unmarried sons and daughters of LPRs was December 8, 1993, but the priority date for Filipino unmarried sons and daughters of USCs ‘was November 1, 1989. Thus, ifa LPR filed a Form 1-130 for his 24-year old, unmarried Filipino son and then later naturalized, the son would most likely request that the automatic conversion to the first preference category not occur because in August of 2002 a visa would have ‘become available to him sooner if he remained in the second preference category than if he converted to the first preference category. In this case, the son would continue to ‘be considered a second preference immigrant. This anomaly continues to be seen today. ‘The CSPA took effect on August 6, 2002. Thus, any petition that was pending with “Legacy INS” at that time, as well as any petition currently pending with CIS are subject to the provisions of the new law. Also, any petition that hed already been approved by “Legacy INS,” but where (prior to August 6, 2002] no final action om the ‘beneficiary's application for adjustment of status or for an immigrant visa had been taken, became subject to the provisions of the new law (See. Memorandum for Regional Directors, et al., Subject: The Child Status Protection Act, dated September 20, 2002. Section 201 JNA. sets an annual limit for the worldwide number of Family Sponsored Preference immigrants. Section 202 INA sets an anual limit on the number of visas an individual country can receive. As a final note on the Family Sponsored Immigrant process, certain of these aliens are not subject to these annual limits. They are said to receive their immigrant visas outside of per country numerical limitations or are exempt per country numerical limitations. ‘Aliens that are -exempt country limitations receive classifications of: FXI for aliens classified F21 FX2 for aliens classified F22 FX3 for aliens classified F23 © These aliens must still qualify as Family Second Preference immigrants. The only difference will be their classification, WORKBOOK: Immi tions ICE ACADEMY Fall, 2007‘+ Aliens classified FX1 and FX2 must be beneficiaries of approved I-130 petitions. * Children in the FX2 and FX3 classifications must meet the definition of “child” at the time of the interview with consular officer for the immigrant visa and application for admission to the United States. ‘© Aliens that are exempt country limitations are also exempt the passport requirement wen iminigrating to the United States, bitt admission at a port-of-entry docs require an immigrant visa. EMPLOYMENT BASED IMMIGRANTS Many of the provisions for employment based immigration are based on American businesses’ need for highly skilled, specially trained personnel to fill sophisticated jobs for which domestic personnel cannot be found and to fill vacancies for other current and projected U.S. positions. ‘A petition to classify an alien pursuant to sections 203(6)(1), 203(6)(2), or 203(6)(3) must be filed on an Immigrant Petition for Alien Workers, Form I-140. An alien, or any person on behalf of the alien, may file an I-140 visa petition for classification undér section "203(b)(1)(A) INA a an alien of extraordinary ability in the sciences, ats, education, business, or athletics. Such an ‘individual: is" referted to és an extraordinary alieit (E11). In all othér éaies, the petitione? of ‘the 1-140 must be a U.S. employer. Detailed information regarding petitions for employment-based immigrants is found in both 8 CFR. 204.5 and 22 C.F.R. 42.32. ‘THE FILING OR SUBSEQUENT APPROVAL OF AN 1-140 PETITION DOES NOT AUTHORIZE THE BENEFICIARY TO ENTER OR REMAIN IN THE UNITED STATES NOR DOES IT GRANT EMPLOYMENT AUTHORIZATION. ‘© Approval of a petition merely establishes a basis for the beneficiary to apply for an immigrant visa. © The approval of a petition does not relieve the alien of the 2 ICE aoe Fall, 2007burden of esteblishing to the satisfaction of the consular officer that the alien is eligible in all respects to receive a visa. * An approved petition gives a place in line for a visa behind others who already have approved petitions for the same classification, ‘Employment Requirements: ‘+ Job offer must be for permanent, full-time employment at prevailing U.S. wages. + Most of the employment classifications require labor A certification establishes that there are certification (Form ETA 750) from the Department of wale galled eal reais eto Labor before the 1-140 petition can be filed. Nias euuiassekan teatro ‘employed and thst employment ofthe Y When examining labor certifications, the alien, if qualified, will not adversely ‘Department of Labor is checking to see if the affect the wages and working conditions ‘employer created a job description with minimum Similarly employed U.S. workers. requirements to suit a particular alien and in effect limit a U.S. job applicant’s chances to fill this position. CLASSIFICATION OF EMPLOYMENT BASED IMMIGRANTS: E11 ALIENS WITH EXTRAORDINARY ABILITY ©, Must have an approved I-140 petition EXTRAORDINARY ABILITY means Labor certification is not required for alien classified. (yn fepore nalonine athe “En ‘who ha tento the ery top ofthe eld * Specific job offer not required, but must be coming to _ofendeavor 8 CFR §204.3(9/2). The work in alien’s specific field ‘extraordinary abilty can be inthe Must have sustained national or intemational acclaim “nee. ar, acaon, busines, or * Extraordinary ability could be demonstrated by achievements, major internationally recognized awards, published material, contributions to their respective field, display of alien’s work at exhibitions, commercial successes in the performing arts, etc. ‘© Requires passport ~ admission at a port-of-entry does require an immigrant visa. % E12 OUTSTANDING PROFESSORS OR RESEARCHERS a WORKBOOK, Immigrant Classifications ICE ACADEMY Fall, 2007‘Must have an approved I-140 petition Labor certification is not required for alien classified E12 Employment can be in any academic field ACADEMIC FIELD is defined as Job offer must be in the form of a letter from either a body of specialized knowledge offered for United States university or institution of higher learning — *¥b at an Lea offering a tenure-track position or permanent research anne ces sanicaed position or a permanent research position from a private employer Outstanding could be demonstrated by receipt of major prizes or awards, membership in associations, feee eens eee published material, or scientific or scholarly research pumrecredt or gor orm of nds or and contributions tulinted duration, and bs which the ‘© Alien must have three year’ of previous teaching and/or "* employee will ordinarily ave an esearch experience oe expcition of contin enpoymet ‘+ Requires passport —- admission at a port-of-eniry does termination, 8 nso oo) require an immigrant visa 113 CERTAIN MULTINATIONAL EXECUTIVES _ EXECUTIVE CAPACITY neon an atsigment within an organization in OR MANAGERS hick the employee primar directs ‘he management ofthe organization or a ‘+ Must have an approved 1-140 petition aetna ‘* Labor certification is not required for alien classified _organtzaton; establishes the goa. aia policies ofthe organization, component + Employer must conduct business in two or more ovine: erie de aude in countries, one of which is the United States, receives only general supervision or ‘¢ Alien’s Previous Work Experience rection fom higher level executives, the Board of directors, or stockholders ofthe ¥ Must have been employed as a manager or ‘organization executive. ‘ MANAGERIAL CAPACITY means an Y Must have one year of this experience within the assignment within an organization in previous three years. “which te employe primarily: manages Y Bxperience must be for the same company or a the organtzation, or a department, subsidiary or affiliate of the company that files the *Wbdlislon, function, or component ofthe a 7 ‘organization; supervises and controls the 1-140 petition for the alien. ‘Tark of othr superisory, profesional” ‘* Job offer mist be from U.S. employer stating a or managerial enplayees; the eutority to description ofthe job duties and that the alien willbe hr andre or recommand hse a vel F i ve posit _as other personnel actions; exercises 7 employed myrrh asin, direction over the day-to-day operations ‘equires passport ~ admission at a port-of-entry does “orig acthity or function for which the require an immigrant visa ‘employee has authority 8,CER § 204.5012) work! jons ICE ACADEMY Fall, 2007~ E21 ALIENS WHO ARE MEMBERS OF THE PROFESSIONS HOLDING ADVANCED DEGREES OR ALIENS OF EXCEPTIONAL ABILITY ‘+ Must have an approved 1-140 petition + Labor certification (or a request for a waiver because employment is deemed to be in the national interest) is required for alien classified E21 ‘+ Job offer must demonstrate that employment requires a professional holding an advanced degree or equivalent ‘or an alien of exceptional ability + ADVANCED DEGREE PROFESSIONS must show an official academic record of a U.S. advanced degree or foreign equivalent or official academic record of | USS. baccalaureate degree or foreign equivalent and evidence of at least five years of progressive experience in the specialty * ALIENS OF EXCEPTIONAL ABILITY must demonstrate three of the following: ‘* an official academic record showing degree, diploma, or award in area of exceptional ability ‘© evidence that alien has at least ten years of full-time experience ‘+ license or certification to practice the profession ‘* commands a salary or remuneration for service which demonstrates exceptional ability ‘* membership in professional associations ‘* recognition for achievements and significant contributions to the industry or field ‘© Requires passport — admission at a port-ofentry does, require an immigrant visa © E31 SKILLED WORKERS ‘Mast have an approved 1-140 petition Labor certification is required for alien classified E31 Job must require two years of training or experience ‘The determination that a position requires two years of training or experience is guided by Department of WORKBOO! ICE ACADEMY Fall, 2007 ADVANCED DEGREE means ary United States academic or professional degree ora foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree o «foreign equivalent degree followed by atleast five ‘ears of progressive experience inthe specialty shall be considered the equivalent ofa master’s degree. Ifa doctoral degree is customarily required ‘by the specialty, the alien must have a United States doctorate ora foreign equivalent degree. ‘EXCEPTIONAL ABILITY in the sciences, arts, or business, means a degree of expertise significantly above ‘that ordinarily encountered inthe sciences, ats, or Business. PROFESSION means one ofthe ‘occupations listed in section 101(@)(32) Of the Act, as well as any occupation for ‘which a United States baccalaureate degree or it foreign equivalent is the ‘minimum requirement for entry into the ‘occupation. 8 CFR § 204502) Under §101(a)(32) of the Act, the tem profession includes, but i not limited to, the following occupations: architects, engineers, lawyers, physicians, surgeons, and teachers in elementary, secondary schools, colleges, academies, or seminaries. SKILLED WORKER means an alien whois capable, a he tne of petitioning for hs classification. of performing sled labor (requiring last 0 years taining or experience). not ofa tenporary or seasonal ‘nature for which qualified workers are not ‘Pailable i he United State. 8.CER§204.502 umLabor minimum job requitements * The J-140 petition must be accompanied by evidence that the alien has the education, training, ot experience requirements © Requires passport -- admission at a port-of-entry does ‘require an immigrant visa ‘» E32 PROFESSIONAL ‘PROFESSIONAL means «qualfied alien vho holds at least a United States ‘© Must have an approved I-140 petition ‘accalaureate degree ora foreign © Labor certification is required for alien classified E32 “quivalent degree and who is a member ‘Job inust requiré at the minimum, a baccalaureate of the profession. degree ACER § 2045000 The 1-140 petition must be ticcompanied by evidence that the alien holds a United States baccalaureate degree or a foreign equivalent * There are no provisions for establishing a combination of education and experience that is the equivalent of a baccalaureate degree + The alien must be « member of the professions ‘© Requires passport — admission at a port-of-entry does require an immigrant visa ~ EW3 UNSKILLED WORKER (OTHER WORKER) UNSKILLED OR OTHER WORKER ‘means a qualified alien who is capable, at the time of petitioning for this ‘Mast have an approved I-140 petition eee Labor certification is required for alien classified EW3 “Tabor (requiring es han fvo years Job requires less than two years of traning or ‘abning or experience), not ofa experience * sexporary oy sesonal nae, wck ‘© The J-140 petition amst be accompanied by evidence "Vet workers ar not available in the that the alien mec any euation, taining, or experienos requirements CER 82045010) ‘© Requires passport -- admission at a port-of-entry does require an immigrant visa EMPLOYMENT CREATION IMMIGRANTS: Employment’ creation aliens are classified ‘as fifth preference employment based immigrants. ‘This prefetence is not really a “job offer” preference because quilification is based on the . amount of an investment in the United States and not whether a job is offered tovan alien. Employment creation immigrants do.not, WORKBOOK: Immigrant Classifications 25 ICE ACADEMY Fall, 2007Approval of a petition merely establishes a basis for the beneficiary to apply for an immigrant visa. The approval of a petition does not relieve the alien of the burden of establishing to the satisfaction of the consular officer ‘that the alien is eligible in all respects to receive a visa SPECIAL IMMIGRANT CLASSIFICATIONS ‘The R visa program was created by Congress in 1990. The intent was to provide visas to aliens to overcome shortages in the United States among ministries, nunneries and other religious professionals. In 1998 approximately 11,000 aliens received “R” } ‘Visas. According to a 1999 General Accounting Office (GAO) report, federal investigators had discovered R visa fraud rings in ‘the 1990's involving churches and other religious institutions ‘based in Colombia, Fiji and Russia. The mastermind of the 1993 ‘World Trade Center bombing, Sheik Omar Abdul Rahman, had an R visa. So did four Palestinian men who worked for the Holy Land Foundation for Relief and Development and the Islamic Association for Palestine —both Muslim charities that the State Department has linked to the terrorist organization Hamas. The 1999 GAO report was not kind to either Legacy INS nor the State Department, citing lax oversight and an inability too quantify the ‘rue extent of fraud in the religious worker visa program. From 1999 to 2004, about 106,000 people were admitted to the United States using both nonimmigrant and immigrant visas for "religious workers." Since 9/11, the mumber of these admissions ‘has continued to increase. Between 1992 and 1998, there were about 42,000 such admissions [nonimmigrant and immigrant admissions combined]. The largest number were foreign nationals from Mexico (5,198), India (4,666), Canada (4,357), and Britain (3,393). Immigration authorities do not maintain statistics for admissions by religion. However, in the past three years, records indicate that more than 1,000 holders of religious worker visas from predominantly Muslim countries were granted admission; topping the list for these countries were Egypt (270), Indonesia (173), and Pakistan (113). In February 2003, the U.S. Attomey's Office in New York began the process of prosecuting Muslim religious leader Muhammed Khalil, his son Asim, and three other individuals who were charged with submitting false “R” visa applications on behalf of more than 200 Middle Eastern aliens. The ring charged up to t Classi 28 ICE ACADEMY Fall, 2007‘$8,000 per person. According to unsealed indictments, Khalil’s ‘mosque sponsored more than 200 applicants seeking “R” visas, claiming they were religious workers who taught the Koran, Islamic history, and the Arabic language. According to the criminal complaint, Khalil supplied fake names ("Amjad Hussain,” "Mohammad Amjad," "Amjad Ali Chaudhry"); fake degrees (from the University of Punjab); and fake religious training certificates (for the "Nazra Quran Course"). During the investigation Khalil made statements to an undercover witness proclaiming allegiance ‘with Osama bin Laden and fugitive Taliban leader Mullah ‘Mohammed Omar. "Hopefully," Khalil reportedly mused, “another attack in the United States will come shortly." [See, “The Religious Worker Visa Scam” authored by Michelle Malkin in ‘World Net Daily on February 12, 2003]. In September 2004, a ‘New York court convicted Khalil of eight criminal counts {See, Indictment, U.S. v. Khalil, et al. (SDNY 03-CR-289) Mar. 10, 2003], In the September 2005 issue of “Fraiud Digest,” the Depaitment of State announced the findings of a Benefits Fraud Assessment to measure the integrity of specific nonimmigrant end immigrant visa petitions/applications. Phase one of that assessment substantiated that immigrant worker classifications have a high degree of fraud. ‘The Office of Fraud detection and National Security reviewed 220 religious worker petitions, of which 72 cases (33%) resulted in a finding of fraud, defined as “willful misrepresentation or falsification of material fact.” Focusing in on the fraudulent cases the study found that 44% of the cages involved religious institutions that were not bona fide and 54% of the cases involved the submission or fraudulent information andlor fraudulent documents. While most of these petitions are legitimate, you must nevertheless be on your guard to spot instances of fraud and misuse of this immigrant category. ; To qualify as a special immigrant religious worker, an alien must be a member of a religious denomination that has a non-profit religious organization in the United States. The alien must have ‘been a member of this religious dentoriination for at east two years before applying for admission to the United States. The alien ‘must be entering the United States to work: + Asaminister or priest of the religious denomination; + Ina professional capacity in a religious vocation or ‘occupation for the religious organization (a professional capacity means that a U.S. baccalaureate degree or foreign equivalent is required to do this job); or WORKBOOK: Immigrant Classifications 29 ICE ACADEMY Fall, 2007+ Inareligions vocation or occupation for the religious organization or its nonprofit affiliate. (A religious vocation ‘means a calling or devotion to religious life. Taking vows ccan prove that you have a calling to religious life. A religious occupation is an activity devoted to traditional religious functions. Examples of religious occupations include (bat are not limited to) cantors, missionaries, and religious instructors.) ‘The alien, or alien’s employer must submit Form 1-360 (Petition for Amerasian, Widow(er), or Special Immigrant). The application must be filed at the California Service Center, regardless of where the alien lives or works. ‘The alien must submit: + Proof that the religious organization qualifies as a non- profit organization + A letter from an official of the religious organization inthe United States: The letter should establish that the alien has been a ‘member of the denomination for two years, and that the alien has at least two years of experience in his, religious vocation or occupation. © Ifthe alien is a minister, the letter should establish ‘hat the alien has been authorized to perform religious duties in general and should specify which Guties the alien is authorized to perform. © Ifthealien is a religious professional, the letter should establish that the alien has a United States baccalaureate degree or the foreign equivalent that is required for the alien’s religious profession. The alien must also submit an official academic record. + If the alien is applying to work in the United States in another religious vocation or occupation, the letter should ‘establish that the alien is qualified to work in that religious ‘vocation or occupation. For instance, ifthe alien is applying to work as a nun or a monk, the alien would need to provide evidence that he/she is a nun or a monk, + If the alien is applying to work in the United States in a ‘non-ministerial or non-professional capacity for a religious ‘organization affiliated with a religious denomination, the letter should establish how the religious organization is KBOO! immigrant Clas: ICE ACADEMY Fall, 2007affiliated with the denomination. + The letter should also detail how the alien will be carrying on the work of a minister, or how the alien will be paid if the alien is working in a professional or other religious capacity. The letter should indicate thatthe alien will not ‘be dependent upon supplementary income (from a second job) or charity (funds solicited forthe alien’s support). + SDI MINISTER OF RELIGION * Must have an approved 1-360 petition ‘ 1-360:must be accompanied by evidence that the alien hhas the authorization to conduct religious worship and perform other duties of the clergy + Requires passport — admission at a port-of entry does, require an immigrant visa % SRI CERTAIN RELIGIOUS WORKERS ‘+ Must be the beneficiary of an approved I-360 petition ‘1-360 must be accompanied by evidence that the alien has the requisite membership in the denomination and ‘work experience ‘+ Professional workers and other workers must obtain permanent resident status through immigration or adjustment of status on or before October 1, 2008 in order to immigrate under this section of the Act [Per the Act “To ainend the ‘Immigration and Nationality Act to extend for ati additional 5 years the special immigrant religious ‘worker program” (Public Law 108-99 — 10/15/2003)], ‘© The sunset date above does not apply to those individuals who enter solely for the purpose of carrying on the vocation of a minister of a religious denomination i.e, $D1 immigrants.. ‘© Requires passport - admission at a port-of-entry does require an immigrant visa MINISTER means am individual iy authorized by a recognized religous denomination to conduct religious worship and to perfarm other dies usually performed by authorized members ofthe clergy ofthat religion. In all cases, there must be a reasonable connection between the activities performed and the religious calling ofthe minister, The term does no include a lay preacher not ‘tutored to perform such dies, 8 CER § 204.5(m)(2) PROFESSIONAL CAPACITY meant ‘an activity na religious vocation or ‘occupation for which the minimum "* United Sites baccalaureate degr foreign equivalent degree is regia RELIGIOUS OCCUPATION means an ety which relates to atrational religious fnction. Examples of indiyatuals in religious occupations Imelude, but are not limited to, urgicat ‘workers, religious instructors, religious counselors, cantors,catechists, workers In religious hospitals or religious health ‘care facilities, missionaries, religious translators, or religious broadcasters. This group does not include janitors, iaintenance workers, clerks, fund raisers, of persons solely involved in the solicitation of danations. RELIGIOUS VOCATION means a calling to religious life evidenced by the lemonsiration of commitment practiced inthe ‘religious denomination, such asthe waking of ‘oie. Braiples of inviuals with a religious vocation inclu, but are not ited "ro, fans, monk, and religious brothers end sisters, SLCER 6 204.502) WORKBOOK: Immigrant Classifications 3 ICE ACADEMY Fall, 2007* DVI DIVERSITY IMMIGRANTS Diversity immigrant vises are intended to provide an immigration opportunity for persons from countries other than the main source countries of immigration to the United States, and those aliens who are not eligible to immigrate either on the employment basis or on ‘the family-sponsored relationship. ‘The law states that no diversity visas shall be provided for countries from which during the previous five years there were more than 50,000 immigrants in the Family-Sponsored and Employment-Based visa categories. Because there is a separate determination made prior to each lottery application period, the countries that do not qualify are subject to change from one year to the next. The diversity program makes 55,000 permanent residence visas available each year to eligible aliens. No one country can receive more than 3,850 diversity visas in any one year. ‘The threshold qualifications for a DV visa application are set very low. ‘The DV applicant need only be a native of e low-admission foreign state, have a high schoo education or its equivalent, or in the alternative, have 2 years of work experience (in a occupation requiring at least 2 years training or experience) within 5 years of applying for the visa, When the DV visa applicant “hits the jackpot,” his/her spouse and children are also qualified to immigrate to the U.S. In fact, both spouses can register for the program (so long as they meet eligibility criteria) which increases the odds of “winning.” we OK: Immigrant Classificatior ICE ACADEMY Fall, 2007XII. MISCELLANEOUS IMMIGRANTS ‘There are certain aliens who can become Lawful Permanent Residents without having to obtain immigrant visas or needing to have a petition filed on theit behalf. These aliens can arrive at a port of entry, and in the case of an $13 also adjust status in the United States, aid immigrate to the United States without ‘the need of being the beneficiary of an approved petition or immigrant visa. ‘This process, outside the normal immigration ‘path fo permanent residency, occurs a8 specifically described in both the INA and the Code of Federal Regulations. The status of these aliens is recorded on a Form I-181_ (Memorandum of Creation of Record of Lawful Permanent = =< Residence). fo ‘S13. AMERICAN INDIANS BORN IN CANADA, Section 289 of the INA states that “Nothing in this ttle shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States, but such right shall extend only to persons who possess at least 50 per centum, of blood of the American Indian race.” In 8 CFR. 289.2 it states that that American Indians born in Canada who are residing in the United States shall be regarded as having been lawfully admitted to the United States for permanent residence, if they can establish that they ‘possess at least 50 per centum of blood of the ‘American Indian race, and if they can prove that they were entitled at time of entry to the exemption provided by the Act of April 2, 1928 or entitled to ‘the rights under section 289 of the INA. In either case, they are required to have maintained their residence in the United States since their entry in order to claim lawful permanent resident status. © An American Indian born in Canada, with 50% American Indian blood, cannot be denied admission to the United States. WORKBOOK; Immigrant Classifications 3 ICE ACADEMY Fall, 2007* The burden of proof lies with the applicant, usually by presenting tribal identification cards. * Once the claim is established the individual can come and go from the United States as he pleases. However, if such an individual seeks permanent residency, he is classified as a $13 and is issued a temporary form I-51 using Form 94 since this alien is not required to have passport to immigrate, ‘© There are no provisions for the spouse or children of an alien classified $13 ‘© Since the BIA’s ruling in Matter of Yellowguill, 16 I&N Dec. 576 (BIA 1978) the law has recognized the absolute exemption this type of individual has from all ‘immigration-related restraints contained in the INA. In the Yellowouill case an American Indian born in Canada was convicted of selling heroin but the court found that he could not be deported. ‘ X_3 CHILDREN BORN SUBSEQUENT TO ISSUANCE OF IMMIGRANT VISA TO ACCOMPANYING PAREN * An alien woman may be pregnant when she receives her own immigrant visa at the consulate or embassy abroad. Later she gives birth to her child abroad, however she does so before her visa expires, and before she immigrates to the United States. If during the petiod the visa is still valid, the mother seeks to ‘immigrate to the United States with the child (new baby) “in hand,” or for that matter the father seeks to immigrate to the United States with the child in hand, ‘what will happen to the child? ‘© When the child amives in the United States, he or she ‘would not have an immigrant visa, because he or she ‘was not born when the accompanying parent’s application was filed and the accompanying parent’s vvisa was issued, * Asa prerequisite for admission, the child must arrive in the United States with his or her accompanying parent when he/she initially seeks to immigrate to the United States. WORKB\ Immigrant Classifications ICE ACADEMY Fall, 2007+ The classification assigned to such a child depends on how the parent immigrat XE3 Parent is a Family Sponsored immigrant XE3 —_Parent is an Employment Based immigrant XR3 Parent is an Immediate Relative XN3_—_Parent is noné of the above mentioned immigrant classifications ‘© A child in the X_3 classification, while not required to present an immigrant vise, must nevertheless be in possession of a valid passport to immigrate to the United States. ‘+ The child’s lawfol permatient resident status is recorded on Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence. % NA3_ CHILD BORN DURING THE TEMPORARY ABSENCE ABROAD OF A LAWFUL PERMANENT RESIDENT OR NATIONAL MOTHER ‘© A child classified NA3 must be born during a temporary trip abroad. ‘© The child’s mother is a Lawful Permanent Resident or a non-U.S. citizen iational of the United States. * Child must apply for admission before the age of two in order to be given the NA3 classification. + Child must be accompantied by a parent. «Ifthe accompanying parent is a lawful permanent resident, he/she must be shaking his/her first application for readmission as a Lawful Permanent Resident since the birth of the child. The regulations do not contain a: similar timing restriction on the return of U.S. ‘Nationals seeking entry into the United States with their less than 2-year-old child. «Every child in the NA3 classification is exempt from! ‘the passport and immigrant visa requirement when immigrating to the United States WORKBOOK: Immiarant Classifications ICE ACADEMY Fall, 2007© Status is recorded on Form I-181, Memorandum of Creation of Record of Lawful Permanent Residence. NT OF STATUS ER SECTION 245 Section 245 of the INA allows an eligible nonimmigrant alien to request adjustment of status to a Lawful Permanent Resident status here in the United States without the need of going abroad and applying for an immigrant visa. There are mamerous ways that a person can become eligible to adjust status in the United States. The commonly seen paths to lawful permanent residency via section 245 INA. adjustment are: ‘* Based upon an approved petition for an alien relative ‘Based upon an approved employment based petition ‘+ Based upon @ lawful K-1 fiancé nonimmigrant ‘admission where the marriage occurred within the 90-day limit ‘* Based upon a prior grant (at least 1 year ago) of status as an asylee or refugee ‘© Diversity Visa Lottery winner Registry [alien has continuously resided in the United States since before January 1, 1972. 8 CER § 245.10) and 8 CPRE 245.16) ‘Cuban or other nationality based programs list those aliens who are ineligible 0 Federal litigation based programs. aj tra that of earl ‘There are certain groups of individuals who are generally "4 (with the exception of 245(4) which will be discussed later in the workbook) not eligible to adjust ther status in the United States and for them the normal consular process is the only option. ‘These individuals inchude: + Those who entered as a TWOV (transit without a visa) ‘+ Those who entered as crewmen . ‘Those who were not admitted or paroled after inspection by an immigration officer + Most aliens who have been working in the United States without permission from CIS (some exceptions apply) + K-l alien who failed to marry the U.S. citizen as WORKBOOK; Immigrant Classifications ICE ACADEMY Fall, 2007required under the conditions of admissions a fiancé ‘© Those admitted under the Visa Waiver: Program (unless the alien is eligible to adjust as an immediate relative). Jn summary, an alien adjusting status does not go to a U.S. ‘consulate or embassy abroad to receive an immigrant visa ‘The alien completes the process while physically present in the United States. The process requires the alien be the beneficiary of « current I-130/I-140/I-360 petition, The application for adjustment is on Form 1-485, Application to Register Permanent Residence or Adjust Status, Immediate relatives can file their petition concurrently with the 1-485. To be eligible the alien must have been, inspected by an immigration officer anid was either admitted or paroled into the United States. The alien must not be inadmissible under dny of the grounds in section 212(a) INA, or if inadmissible, be eligible to file a waiver under section 212(h) of the INA. Bvery intending immigrant must receive a medical examiriation from a physician off of the approved list. Results are reported om Form I-693, Medical Examination of Aliens Seeking Adjustment of Status along with the Supplement to Form 1-693 which shows proof of vaccinations. Lawful Permanent Resident status is established as of the date of the approval of the Form 1-485, The classification codes for those who become Lawful Permanent Residents ‘by means of the adjustment of status process, found on their Permanent Resident Cards, will differ from those received by aliens who attive in the United States with immigrant visa and are admitted after inspection. ‘To signify an adjustment of status the code used by CIS adds “5” to the regular classification. ‘Examples; IR-1 versus IR-6 F42_— versus F47 EW3 versus EWS WORKBOOK: Immigrant Classifications ICE ACADEMY Fall, 2007Certain classifications exist by adjustment only: ~ CF-1 ALIEN WHOSE RECORD OF ADMISSION IS CREATED UPON THE CONCLUSION OF A VALID ‘CONTRA "ER ENTERING AS A FIAN iCEE OF A US. CITIZEN ‘© Must have been the beneficiary of an approved 1-129F petition + Must have been admitted as a K-I nonimmigrant and married the USS. citizen petitioner within 90 days of ‘being admitted into the U.S. as &K-1 ‘¢ Is admitted as a conditional permanent resident. Permanent Resident Card will have a two-year expiration date. + Conditional status is for two years beginning at the time the alien is adjusted as a Lawful Permanent Resident ‘+ Mast file Form I-751, Petition to Remove the Condition on Residence, during the 90-day period before the second anniversary of the alien’s obtaining the status of conditional permanent residence in order to remove the conditional status. © An alien classified CF-1 will become an IF-1 once the conditional status is removed. Compare the CF-1 immigrant classification process with % K3 SPOUSE OF AUS. CITIZEN © Must be already married to a U.S. citizen who has filed an 1-130 petition on alien’s behalf 1-130 does not have to be approved, just filed K-3 is issued a ten-year multiple entry nonimmigrant visa + Ifthe K-3 alien adjusts status prior to the second. anniversary of the marriage, the alien is a conditional resident (CR-1] and must follow the procedures for removing the conditions. ‘On Devemiber 21, 2000, Congress passed the Legal Immigration and Family Equity (LIFE) Act that amongst other provisions, created adjustment progrems in response to Federal court decisions and created new nonimmigrant classifications. LIFE Legalization was enacted to accommodate the decisions of three different court cases, wo OK: jmmi lassi TCE ACADEMY Fall, 2007namely: Catholic Social Services, Inc. v. Meese, vacated sub nom. Reno v. Catholic Social Services, Inc., 509 U.S. 43 (1993) (commonly referred to as "CSS"); League of United Latin American Citizens v.INS, vacated sub nom. Reno v. Catholie Social Services. Inc., 509 U.S. 43 (1993) (commonly referred to as LULAC"); or Zambrano v. INS, ‘vacated, 509 U.S. 918 (1993) (commonly referred to as, "Zambrano"). Applicants who filed timely for class membership in the CSS, LULAC or Zambrano lawsuits but who have been denied class membership are nevertheless still eligible to apply for LIFE Legalization benefits. LIFE Legalization applicants who applied for class membership before October 1, 2000, in the three legalization lawsuits, are allowed to work while their applications are pending. : 4 ‘These individuals may obtain authorization to work while their applications are pending, by submitting a completed Form I-765 (Application for Work Authorization), with the appropriate fee, along with their Form I-485 (Application to Register Permanent Residence or Adjust Status). Only ‘those LIFE Legalization applicants who applied for class membership before October 1, 2000, in the three Jegalization lawsuits may receive permission from CIS, prior to their departure, to travel abroad while their application is pending, These individuals should apply for "advance parole" by filing and obtaining approval of a Form I-131 (Application for Travel Documents), with appropriate fees, LIFE Legalization applicants who wish 10 travel abroad but are subject to a final order of removal, deportation or exclusion, must file and obtain approval of a Form 1-212 (Application for Permission to Reapply for ‘Admission after Deportation or Remoyal) in addition to a Form 1-131, with appropriate fees prior to departure. Only family members of person who have been granted adjustment of status under LIFE Legalization may be cligible to be paroled into the United States to obtain. Family Unity benefits. After May 31, 2002, to be eligible for family unity benefits, a person must be the spouse or ‘unmarried child (under age 21) of an individual who has applied for LIFE Legalization benefits. Only when the Form -817 (Application for Family Unity Benefits) is approved, is the beneficiary going to receive an Employment Authorization Document that will be valid for ‘one year. Extensions are obtainable per guidelines ‘published by CIS. Once the Form I-817 (Application for Family Unity Benefits) is approved, the Family Unity ‘beneficiary may ask CIS permission to travel abroad by 34 ICE ACADEMY Fall, 2007filing a Form 1-131 (Application for Travel Documents) to apply for "advance parole.” A Family Unity beneficiary, who is subject to a final order of removal, deportation or exclusion, must file and obtain approval of a Form I-212 (Application for Permission to Reapply for Admission after Deportation or Removal) in addition to a Form 1-131, with appropriate fees prior to departure. Certain atiens under LIFE will be allowed to be admitted initially as nonimmigrants and adjust to immigrant status later while in the United States. The purpose of these new nonimmigrant visas is to reunite families that have been or could be subject to a long period of separation during the process of immigrating to the United States. Holders of ‘these new nonimmigrant visas will be able to wait in the USS. for the immigrant process to be completed. ‘XIIL ADJUSTMENT OF STATUS UNDER SECTION 245(1) As previously stated, our immigration laws allow qualified individuals to enter the United States as lawl permanent residents (“green card” holders) after they obtain immigrant visas from a consulate or embassy abroad or, for many immigrants already lawfully in the United States, through a process called “adjustment of status.” If you entered the United States unlawfully, if you entered with permission but did not stay in lawful status, or if you ‘worked without permission, you normally would have to leave the United States in order to apply for an immigrant visa. Special rules under section 245(i) may allow a limited number of aliens to apply to adjust status without leaving ‘the United States. ‘You might need section 245(i) if you: ‘+ Entered the U.S. without being inspected by an Immigration official. +” Stayed in the U.S, longer than allowed by Immigration. © Entered the U.S. as a worker on an aircraft or ship (crewman). Entered the U.S. as a “Transit Without Visa.” Failed to continuously maintain a lawful status since your entry into the US. + Worked in the U.S. without Immigration permission, wo immigrant Classificatio ICE ACADEMY Fall, 2007‘+ Entered as an “S” nonimmigrant (relates to witnesses about criminal or terrorism matters). ‘© Are seeking a work-related visa and are out of status at the time of filing the application to adjust status (Form 1-485). ‘© Worked in the U.S. while being an “unauthorized alien.” NOTE: There are some groups that may not need to use section 245(j). The spouse or unmarried minor child of a U.S. citizon or the parent of a U.S. citizen child atleast 21 years of age if he/she was inspected and lawfully admitted to the United States, but subsequently overstayed his/her aisthorized admission or worked ‘without permission, may apply for adjustment of status under section 245(a) and does not need to use section 245(i). * Certain persons who are eligible for certain employment-based immigrant visas and who were inspected and lawfully admitted to the United States, but have not violated their status or worked without permission for more than 180 days, do not ‘have to apply for adjustment of status under section 245(i). They may be able to use section 245(K). ‘The INA js the law that governs the admission of immigrants to the United States. The specific eligibility requirements and procedures for applying to adjust status and the 245(j) penalty provision are included in the Code of Federal Regulations at 8 CFR §§ 245.1, 245.2, and 245.10. Even though the 245(i) program formally ended on April 30, 2001, an alien is still capable today of adjusting under 245(i) if his alien relative visa petition or application for labor certification that would qualify him to become an employment based immigrant was filed on or ‘before April 30, 2001, was approvable when filed; AND, if his petition or application was filed after January 14, 1998, then he must also prove that he was in the U.S. on December 21, 2000. If eligible, the alien must pay the penalty fee of $1,000, along with all of the other normal fees and costs associated with the adjustinent of status process. Applicants submit/file an adjustsnént of statis package of forms including the 1-485 and the Supplenient Ato Form 1-485. Applicants are eligible to apply for OK: Immigrant Classificati at ICE ACADEMY Fall, 2007‘work permit while their case is pending. Whether applying under section 245 INA or section 245(i) INA, if an alien’s application to adjust to permanent residence status is denied, he will receive ¢ letter that will tell him why the application was denied. Ifthe alien is not in a current, legal status, the process to remove him from the country will begin as soon as their application is denied. The alien will be allowed to have an immigration Judge review the deniel of his application during removal proceedings. During this review, the Government might be required to prove that the facts on the alien’s application ‘were untruthful, or that the application was properly denied for other legally sufficient reasons. If the immigration judge decides to remove the alien from the country, he may appeal this decision. LAWEUL PERMANENT RESIDENTS Lawful Permanent Residents have certain requirements for ‘maintaining their status as immigrants: SECTION 262 of the INA Unider section 266(a) of the INA, any alien required to apply for registration At the age of 14, all Lawful Permanent Residents must $74.07 40 Muepra, Me, United register with the Government. This includes: peat ean eee one Inge day po Fel © Updating data (photograph, signature, ete.) for Form fardlan required to. apply for 1-551 Permanent Resident Card. veing Form 1-90, “ition of avy alien who wily Application to Replace Permanent Resident Card Brenan ene + Fingerprints of a. misdemeanor and. shall, upon onvltonDhereo, be fined not 0 exceed 531,000 or be imprisoned not more than sis month, or both, SECTION 264(e) of the INA Under section 264(@) of the INA, any alien who fails to comply with the + At the age of 18, all aliens must at all times be in Paylon of tie mbvecton sat possession of required documents. onvictlon foreach offense be ned nto exceed $100 or be imprisoned not more © For nonimmigrants, the documentation could be forms than thirty days, or both 1-94, 1-95 and B-1/B-2 Laser Visa. + For immigrants, the documentation could be Form I- 551 Permanent Resident Card, ADIT stamp with passport or Form I-94, receipt for Form 1-90, ete. lons 2 ICE ACADEMY Fall, 2007SECTION 265 of the INA * All aliens, not just inimigrants, must notify INS of any change of addtess within 10 days of the change. Form AR-II, Alien’s Change of Address Card, is used for address changes. 7 Under section 266(b) of the INA, « alien or any parent or legal guardiay + the United States of any alien who fails to ‘ve writen notice tothe Attorney General, as required by section 265 of ‘his tide, shall be gully ofa misdemeanor and shall, upon conviction thereof, be fined not to excoed $200 or be imprisoned ‘not more ta tity day, or Both Deportation Charge: $2370) 8A of tie NA WORKBOOK: Immigrant Classifications ICE ACADEMY Fall, 2007Dyere Sor tthe 7 Be edalg TRAINING EXERCISE UNIT1 1. Where are most immigranvisa petitions fled? SS < sho teh Ae SG ve ees Qiivpap X Trntgreet 2. ‘Wht is the pmrfose of mn immigrant vs tation? ay appro YO ae pres $301 > peso vigereee CLAS ON ek 3. ‘What is the function of the National Visa Center? we i _ en | 2 yg Kio" ao SO four y * 4. List the general immigrant admission requirements. , x8 2 ees apo gates = ‘What are priority dates? 10. uu. 12. wo Issuance of an immigrant visa by a consular officer overseas guarantees admission of the alien. ¢ ° Generally, the maximum period of yalidity ofan immigrant visa is six months, Certain classes of immigrants may receive an immigrant visa within the United States, Only aliens over the age of 18 me appear personally before a consular officer. a 6 ay ‘Most Permanent Resident cards have validity dates often years. Deve 1s8 An lien is presuméd to be a nonimmigrant unless he or she has an Snmalgant vin toga othe United States, Aliens are issued Form I-551 on the date they are admitted as immigrants. wee ¢¥ RKBOOK: Immigrant Classifications. M4 a ICE ACADEMY Fall, 2007 a‘TRAINING EXERCISE UNIT2 IDENTIFY THE IMMIGRANT CLASSIFICATION J v V . / / “ / WORKBOO! A citizen of Korea is seeking admission to the United States for permanent residence to join her husband of yee who naturalized three years ago. NU-\ ‘The Israeli mother of a 26-year old United States citizen is coming to reside Pemmaneatly inthe United Stites, gS A citizen of Belize seeks admission to live with his U.S. citizen wife. They ‘were married last month in London while she was on vacation. ah ‘The Japwiese wife ofa U.S, citizen secks to reside perm eiy in the United States while her husband completes his tour of duty with the U.S. Navy in Japan. They were married three years ago. a An orphan was adopted in San Salvador by two U.S. EI Salvador to find a child to adopt. ques itizens who traveled to ‘An 18 year old citizen of Poland divorced her husband two months ago. Today she is applying for admission at Chicago to reside permanently with her parents who were naturalized last year. yu. L- A12 year old citizen of Norway is seeking admission to reside permanently with his newly married mother and his U.S. citizen stepfather who filed the petition for his new stepson. cee A9 year old alien orphan was adopted last year by a U.S. citizen who was in France on business. Although his wife was not present for the adoption, she is looking forward to welcoming the child into their home w “The 58 year old Swedish widow of a U.S. citizen applying for admission. ‘They had been married for thirteen years. Two months ago when he died, they were celebrating the one year anniversary of his naturalization. Sue ps ‘What is the definition of stepchild found in section 101(b)(1) INA? Immigrant Classifications ICE ACADEMY Fall, 2007 4511. Under what circumstances would an immigrant be admitted as e conditional permanent resident? Boe WY PDS man wos 12. ‘Whats the progedure for having an ain 's conditional permanent resident ~ status removed? 0 ne a0 ary ye 4y 13. What form is used to petition for most alien relatives to immigrate to the United States? k xP . 14, What is the definition of unimarried found in 101(a)(39) INA? & ue’ 15. What was the purpose of the Immigration Marriage Fraud Amendments? wr oes oe? ee oo 16. What is Form 1-360? we wou i rr 17. List requirements of a use citizen petitioner who wishes to petition for his or her parent. ae oe nie Ww rn {e) OK: It ICE ACADEMY Fall, 2007TRAINING EXERCISE UNIT 3 Section A. IDENTIFY THE IMMIGRANT CLASSIFICATION 1. Michael, a 20 year old citizen of Peru, is applying for admission. Michael’s mother, a U.S. citizen, petitioned for her married son to immigrate. ¢?* 2. Michael’s wife, Elizabeth, is applying for admission as an immigrant with ‘Michael. She received her immigrant visa as a rider on his petition. Qe 23 aA 3. A.25 year old citizen of Finland is applying for admission to reside with her U.S. citizen parents. She is still grieving over the death of her husband six months ago. p 4, ‘James, a 19-year old citizen of Argentina, is applying for admission to reside ‘permanently with his 30 year old U.S. citizen brother who petitioned for him. e uy 5. James has a 3 year old son, Patrick, who will immigrate to the United States two ‘months after James immigrates. en3 6. Ramona, a US. citizen, met some friends in Costa Rica. She also met Jose, a Costa Rican whom she married eighteen months ago. Ue -\ WORK! Immigrant Clas: a ICE ACADEMY Fall, 20077. At the same time she filed Jose’s petition, she filed an I-130 for Jose's daughter lena who is 20 years old. he > Sara immigrated seven months ago as an unmarried daughter of a U.S. citizen. ‘Today her four year old son artives to join his mother. ye 9. How old must a U.S. citizen be to petition for the following? pact, wet spouse? waea aan On ICE ACADEMY Fall, 2007TRAINING EXERCISE UNIT3 Section B IDENTIFY THE IMMIGRANT CLASSIFICATION Sam is a Lawful Permanent Resident. Years ago he was on a business trip in ‘Mexico when he met Claudia, They have been married for three years. Claudia has a 10 year old daughter who is riding on her mother’s petition. pe Four years ago, Eva immigrated to the United States as a sister of a U.S. citizen. ‘Today she wishes to petition for Femendo, her husband of ‘three years, who is finally able to join her in the United States. Ft ‘Charles has been a Lawful Permanent Resident for 18 months. He was visiting family in Kenya where he met Rita. He proposed to het before he left for the U.S, and she accepted. Today he filed a petition for her. ines’ ee = Jackie, a Lawful Permanent Resident, petitioned for Paul, her 28 year old bachelor son. Fry FHF ot Paul’s 9 year old adopted son is accompanying him and is riding on Paul's petition. & 4 x ae Diana is a Lawful Permanent Resident. She is so impressed with schools in the U.S. that she has petitioned for her Australian children to immigrate to be enrolled. Her Australian hubby wishes to remain in Australia for at least, ‘one more year to complete some business. Consider Diana’s 17 year old son Andrew. BOO! 9 ICE ACADEMY Fall, 20078. Andrew has a twin brother who immigrates with him, ee 9. Cesar and Alice, both Lawful Petmanent Residents, are thrilled that their 18 year oid son, Pedro, and his wife, Patricia, wish to immigrate to the United States. Consider Pedro. y oie | 10. Consider Patricia. wp out reve Tee 4 11. _Inorder to be classified as a family second preference (F2_), the alien beneficiary must be related to whorn? pa 12, What does it mean to say that a country is oversubscribed? 13. What is automatic conversion? Chara’ we sb ICE ACADEMY Fall, 2007 E Immigrant Classificatioy“TRAINING EXERCISE UNIT 4 IDENTIFY THE IMMIGRANT CLASSIFICATION 1 BOO. ‘The University of Michigan petitioned for Harry, # German national, to immigrate to the United States to continue his research. Harry’s expertise lies in the field of genetic cloning. Over the past twelve years ie has written several articles for ‘medical and scientific journals with an international circulation. t Laura was petitioned for by the Anderson Bakery as a wedding cake decorator. ‘They require their decorators to have three years of experience. She has seven years of experience including her three yeat apprenticeship at @ premier culinary institute in London. _ & Amartya Sen filed a petition to immigrate to the United States. Highlighting his ‘career as an economist, he published a book entitled “Poverty and Famines; An Essay on Entitlement and Deprivation”, taught at Harvard University, and recently won the Nobel Prize in Economics for his work with welfare economics. “ ‘Marco has accepted a job with Pilgrim Pride in Tyler, Texas, processing chickens. He has already met the company’s six month experience requirement. 1% oe ‘Antonio has been the Executive Vice President of advertising for Daimler Chrysler in Germany for six years. His division has developed several Incrative advertising campaigns that increased profits for Daimler Chrysler. ‘Six months ago, Antonio was informed that Daimler Chrysler would be transferring him permanently to their office in New York to coordinate similar advertising projects a1 ICE ACADEMY Fall, 20076. Antonio, along with his wife and 12 year old daughter were issued immigrant ‘visas three weeks ago. Antonio has several business arrangements to finish before he leaves for the U.S. He encouraged his wife and daughter to go to the U.S. without him for the sole purpose of enrolling her in school so that she ‘wouldn't fall behind her classmafes. What is the daughter's classification if admissible? y 2 f . ¢ ; J So Ky Log 7. ‘The Duval County school system in Jacksonville, FL petitioned for Greta to immigrate to the U.S. as a Special Education teacher. Greta has a Bachelor's degree in Special Education and has been a Special Education teacher for the past four years. v qo 8. Three years after she immigrated to the U.S., Greta married her Colombian boyfriend Thomas, and petitipned for him to live with her in Jacksonville. ss Lee 9. Alex received his Masters degree in Investment Banking in 1980. Four years Jater be graduated from law sthol and today specializes in corporate law. He has ‘veen an asset to the law firm he works for because he can speak six languages. Merrill Lynch in Chicago, IL petitioned for Alex to work as en investment Jawyer in its legal division. v A 10, Which of the aliens in questions 1-9 require a passport 10 immigrate tothe United ‘States? 7 we : 5 : Rinne vce | y eo vv LL. Whats labor certification? L 8 Ke! immigrant Classifications. ICE ACADEMY Fall, 2007 i‘TRAINING EXERCISE UNIT 5 ‘Anna and her husband went to the American Embassy to cbtain their immigrant visas that ‘were available, She qualified because she is the sister of a U.S. citizen. They do not immigrate immediately because Anna is pregnant and her doctor has advised her against traveling. Anna gives birth to a son one month after she picks up her immigrant visa. ‘She and her husband depart for the United States three months after the child was born. ‘When they arrive in the United States: 1. What classification if any, will be given to Anna’s husband? gee mI 2. What documents, if any, does her husband need to immigrate to the United States? Roost wer 3. What classification if any, will be given to Anna’s son? 4, What documents if any, does Anna’s son need to immigrate to the United States? qo ‘Two years later, Anna is pregnant again, She decides to have her child in her homeland becauise it provides socialized medicine. She is outside of the United States for four months before her daughter is born. Anna does not return to the United States with her daughter for six months. 5, When they arrive in the United States: What clissification if any, will be given to Anna’s daughter? 4 6. What documents, if any, does the daughter need to immigrate to the United States? Cert > OK: | rant Clas ICE ACADEMY Fall, 20077. How much work experience does an individual in a religious vocation need to immigrate to the U.S.? S S ne es 8. Which Special Immigrant classifications require labor certification? A os wer 9. What is Form I-18] used for? & uu 5 Agi ® 10. What documents does an alien who wishes to be classified $13 need to immigrate to the United States? a a Nip Fall, 2007‘TRAINING EXERCISE UNIT6 Brother John, from England, decided to start his own religion, he has been. working on creating his congregation for one year. Today, he is still the only member and wants to try his luck building up a congregation in the US. Is he dligible for a SD1? Why or why not? oS yo ae os 2. Does an alien born in Canada with 50% American Indian blood need an immigrant vise? What proof must the Canadian present at admission? ‘What classification will the alien receive at admission into the U.S. and ‘how will this classification be recorded? yo SND 3. May anonimmigrant present in the U.S. apply to adjust their status to that ofaLPR? 4, On what form will he make his application? 5. Must they have an approved ‘petition first? If yes, what? “4 6. Can this alien have entered the U.S. without inspection before applying for adjustment? WO 7. At what age must all LPRs register with the DHS? 8. At what age must all aliens be in possession of required documents to prove their status in the US? e RKBOOK: Immigrant Classifications 55 ICE ACADEMY Fall, 2007