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