Presentation on theme: "Immigration Law Immigration law deals with bringing people into the U.S. Immigration and Nationality Act—The immigration code book Code of Federal Regulations."— Presentation transcript:
Immigration Law Immigration law deals with bringing people into the U.S. Immigration and Nationality Act—The immigration code book Code of Federal Regulations (CFRs)—defines and implements the INA. Anyone in the U.S. must abide by the Constitution, regardless of his or her status in the U.S. (legal or illegal) The first enactment of the INA was established in 1952. The INA had significant changes in 1996 due to things such as marriage fraud and terrorism. In 1996, several forms of relief and benefits that immigrants were previously entitled to were taken away.
IMPORTANT IMMIGRATION TERMS Immigration- the movement of people into a country Department of Homeland Security (DHS)-The new agency into which INS was folded as of March 1, 2003 United States Citizenship and Immigration Service (USCIS)-The division of DHS responsible for the “benefits” of the former INS Immigration and Nationality Act (INA)-The code/law that is used to regulate all immigration matters
IMPORTANT IMMIGRATION TERMS Immigration and Customs Enforcement (ICE)-The division of DHS that deals with investigations, enforcement, detention, & removal Customs and Border Protection (CBP)-The Division of DHS that deals with terrorism Port of Entry -place where foreign individual enters the U.S. Passport -allows an individual to travel internationally Visa –allows travel into the U.S.
IMPORTANT IMMIGRATION TERMS Alien- Anyone who is not a citizen or national of the U.S. Non-immigrant- Aliens who come to the U.S. for a limited time and purpose Immigrant- An alien who intends to reside permanently in the U.S. Petition- An immigration form asking for a certain benefit.
IMPORTANT IMMIGRATION TERMS Beneficiary- The alien on whose behalf a petition for a certain benefit is being filed. Petitioner- The person requesting that the beneficiary be allowed to enter the U.S. Alien Number- Special number used to identify an immigrant alien Entry Without Inspection (EWI)-entering the country illegally without inspection by an officer at the port of entry Customs- deals with bringing things into the U.S.
Department of Homeland Security Breakdown Department Of Homeland Security (DHS) Citizenship & Immigration Service (CIS) “Good Branch” naturalization, green cards, work authorization, Immigration & Customs Enforcement (ICE) “Bad Branch” Investigations, Removal, Deportation, Detention Customs & Border Protection (CBP) Prevents Terrorists & Terrorist Weapons from Entering the U.S.
Initial Client Interview What Documents are needed from the client at his/her initial interview with the attorney? -- passport -- Form I-94 --Initial Consultation Fee -- Any and all documents in the client’s possession related to his/her immigration status The passport and Form I-94 will allow the attorney to determine if the alien came to the U.S. legally or illegally.
The 3/10 Rule A person who is unlawfully present in the U.S. for more than 180 consecutive days after his/her authorized stay, but less than 1 year, who voluntarily leaves the U.S. may be barred from re-entering for three years from the date of his departure or removal. Formula: 180 consecutive days unlawful, but less than 1 yr= 3 years barred ________________________________________________________ A person who has been unlawfully present in the U.S. for one year ore more may be barred for 10 years from the date of his departure or removal from the U.S. Formula: Unlawful 1 yr+ = 10 years barred.
Grounds of Inadmissibility Arrested or convicted of a crime Past deportation, exclusion, or removal Visa Fraud or Misrepresentation Falsely Claimed to be a U.S. Citizen Lived in the U.S. without being properly admitted Stayed in the U.S. longer than permitted on a nonimmigrant visa Staying in the U.S. after violating the terms of a non-immigrant visa Violation of Immigration Laws Use of false social security number or other false legal document