Lesson 5: How to Immigrate
to the United States
Introduction
U.S. immigration laws govern:
•
•
•
Who can come to this country;
How long they can stay; and
The benefits they may access.
Why do People Migrate?
List reasons that explain why people leave
one place to go to another beginning with
the letter…
home country
F
new country
The F’s of Migration
Migration is an age-old story. People
migrate from one place to another:
–
–
–
–
–
–
To be reunited with FAMILY
To FEED and FINANCIALLY support
their family
To FLEE a bad situation or out of
FEAR of harm
To seek FREEDOM and safety
To pursue their FAITH
To seek FUN and adventure
The Hierarchy of U.S. Immigration
1. U.S. Citizen
2. Legal Permanent
Resident (LPR)
3. Asylee / Refugee
4. Temporary Visa Holder
5. Undocumented Person
Non–immigrants / Temporary Status
People who stay for a limited
amount of time:
A.
B.
C.
D.
Students
Temporary Workers
Visitors
Others
Immigrants/
Lawful Permanent Residents
A. Lawful permanent
residents (LPR’s)
have permission to
remain in the US for
as long as they
choose.
B. They must replace
their green card
every 10 years and
remain crime free.
The Visa Process: Two Steps
 Family member,
employer, or sometimes
the immigrant files
papers to petition for a
visa
 The government
decides whether the
applicant fits within a
category that has
available visas.
1
 Immigrant applies for
a visa or LPR status.
 Applicant MUST be
personally eligible for
admission to the U.S.
 If they aren’t
admissible, then they
can’t enter the U.S.
even if they fit within a
category.
2
How Can People Immigrate?
The LPR entrance categories are:
A.
B.
C.
D.
Family Visas
Employer Visas
Refugees/Asylum seekers
Special Laws
Family-Based Immigration
U.S. citizens can help to immigrate:
A. Immediate Relatives – visa immediately
available
•
Spouse, unmarried children under 21, parents of
adult citizens
B. Family-sponsored preferences – all
categories must wait for a visa
•
•
•
Unmarried adult sons/daughters
Married sons/daughters
Siblings of adult citizens
Family-Based Immigration
Lawful Permanent Residents (LPRs) can
help to immigrate:
•
•
Spouses and unmarried children under 21
Unmarried sons/daughters 21 and older
Waiting Times to Immigrate (Family)
Family
Preference
All Countries
except those listed
Mexico
Philippines
Spouses, children under
21, parents (citizens)
No wait
No wait
No wait
Unmarried adult children
(citizens)
February 15, 2006
December 22, 1992
April 1, 1997
Spouses and children
under 21 (LPR)
June 1, 2010
March 1, 2010
June 1, 2010
Unmarried adult children
(LPR)
June 1, 2005
June 22, 1992
September 1, 2002
Married children
(citizens)
June 1, 2002
October 22, 1992
March 1, 1995
Siblings
(citizens)
January 1, 2002
December 15, 1995
April 1, 1991
These are waiting times as of November 2010.
Employment-Based Immigration
1.
2.
3.
4.
5.
1st Preference – extraordinary ability,
international executives
2nd Preference – advanced degrees,
exceptional ability
3rd Preference – professionals, bachelor’s
degrees, unskilled
4th Preference – religious workers,
international employees, people who worked
for U.S. overseas
5th Preference – investors ($1 million; 10+
jobs)
Refugees and Asylees
Refugees and asylees
leave their countries
because they fear being
killed or hurt because of
their:
• Nationality
• Race
• Religion
• Political opinion
• Membership in a
particular social
group
U.S. Citizen
A. People BORN in the U.S. or territory
B. People born to a U.S. citizen parent or having your
parent become a citizen (before you turn 18)
C. People who are permanent residents and naturalize
How to become a Naturalized Citizen:
•
•
•
•
•
•
•
Have a green card for 5
years
Be physically present in
the U.S. for 2.5 years
Pay an application fee
Pass the citizenship test
Pass the interview in
English
Swear to the judge you will
follow the laws of the US
Be of good moral
character
Immigrating is NOT easy
• Families wait years to be reunited and
some members may never be able to
immigrate to the U.S.
• Few visas for low-skill workers
• Immigration is expensive – some people
can’t afford the fees
Undocumented Immigrants
• Undocumented immigrants
may have entered the US
without showing a visa or
green card.
• They may be here with
expired papers.
• They do not have
documents that allow them
to stay in the US.
• Estimated 11.1 million in
U.S. (3.7%)
Immigration Enforcement
If found by immigration officials, undocumented
people may be arrested and deported.
Main Enforcers:
Immigration and Customs Enforcement (ICE)
Customs and Boarder Protection (CBP)
Detention
ICE operates the largest detention
program in the US: 378,582 non-citizens
from 221 countries in 2008.
Mandatory detention for
many refugees
without a hearing by a court.
Weeks or months in jail
waiting for a hearing or
pursue an appeal.
Deportation
People may be deported from the U.S. if they
violate immigration laws.
In fiscal year 2009, ICE completed 387,790
deportations.
From 1997 to 2007, over one million family
members have been separated by
deportation.
Questions? Comments?