Immigration 101
(for the Professionals)
Welcome
Overview
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Ways to become a U.S. citizen
Main categories of immigrants
Ways to get a green card
Process of naturalization
Ways to assist your students
On-Campus Safety
TERMS TO BE COVERED
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Asylee
Citizen
Green card
Immigrant
Lawful Permanent Resident
Undocumented
Naturalization
Visa
Non-immigrant
Refugee
WHY IS IT IMPORTANT TO
STAY INFORMED ABOUT IMMIGRATION?
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clipartreview.com
To approach a front-page issue
sensitively and with accuracy
To create a more inclusive classroom
To establish dialogue and connections
between diverse groups
To effectively advocate for immigrants
and refugees in the community
To encourage positive understanding
about immigrants
THERE ARE
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WAYS TO BE A CITIZEN:
You are BORN in the U.S.
You are born to a U.S. citizen
parent or your parent became a
citizen before you turned 18
You are adopted by a U.S. citizen
(Child Citizenship Act of 2000)
You are naturalized (more about
this process later)
Someone In the U.S.
Who is Not a Citizen is Either
An
Immigrant
or a
Non-immigrant
NON-IMMIGRANTS
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Students
Temporary workers
Visitors
Others who are in the
U.S. temporarily, where
their visas only allow
them to stay for a
limited amount of
time.
IMMIGRANTS
Immigrants settle in a
country intending to stay
there permanently and
become citizens.
Two categories of
immigrants are:
1 - LAWFUL PERMANENT RESIDENTS
• Have permission to remain in the
U.S. for as long as they choose, if
they remain crime free.*
• Must renew their green card
every 10 years.
*NOTE: Is not really “permanent”….
2 - REFUGEES / ASYLEES
Refugees and asylees leave
their countries because of
war or fear of being killed
or hurt because of their
nationality, race, religion,
political opinion or
membership in a group.
WHAT IS THE DIFFERENCE
BETWEEN A REFUGEE AND AN ASYLEE?
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A refugee receives
permission to come to the
U.S. from outside of the
country.
Refugees are resettled with
the help of a refugee
resettlement agency.
These people already have
refugee status by the time
they arrive in the USA. They
are legally allowed to remain.
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An asylee is already in the
U.S. when s/he applies for
protection.
Asylees have to prove that
they have reason to fear
persecution in their home
country.
(these people are seeking
“asylum” in the United States.
REGION OF BIRTH FOR ALL
FOREIGN-BORN IN THE U.S. (INCLUDING REFUGEES)
14
Total foreign-born in U.S. as of 2013: 40 million (13% of population)
WHY DOES ALL THIS INFORMATION
MATTER?
Knowing where people come from
 Knowing their plights to get here/to be
here
 Understanding their family
backgrounds
 Understanding their struggle
 Help educate/inform with the negative
rhetoric in the media….
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WHAT IS MIXED-STATUS FAMILY ?
A “mixed-status family” is a family whose members
include people with different citizenship or
immigration statuses.
One example of a mixed-status family is one in
which the parents are undocumented and the
children are U.S.-born citizens
UNDOCUMENTED IMMIGRANTS
• May have entered the U.S. without
showing a visa or green card.
• May be here with expired papers.
(BCC has 72 hrs expiration)
• Do not have documents that allow
them to stay in the U.S.
BECOMING A U.S. CITIZEN
Can anyone who wants to become a citizen become one?
No, first somebody has to have a green card.
Then how do you get a green card?
Only a few ways, and not everybody is eligible for one.
Here are the main ways to obtain a green card…
FAMILY
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A majority of immigrants come to
be reunited with family.
U.S. citizen adults can sponsor their
spouse, parent, child or sibling.
Lawful Permanent Residents can
sponsor their spouse and any
unmarried children.
A NOTE ABOUT FAMILY REUNIFICATION - The WAIT
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The length of the wait
will depend on:
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Whether the sponsor is
a citizen or Lawful
Permanent Resident
What country the
relative is from
Type of relationship (ex:
spouse comes sooner
than a brother)
Example 1:A lawful permanent resident
who wants to bring her husband and 2year-old daughter from Mexico will have
to wait approximately 20 months
Example 2:A U.S. citizen who wants to bring
his brother from the Philippines will have to
wait approximately 23 years.
WHO COMES IN AND WHO STAYS OUT?
Immediate Relatives:
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Spouses of USC
Children under 21 of
USC
Parents of USC
ONLY ……
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EVERYONE ELSE WILL
HAVE TO WAIT IN
LINE…..
VISA BULLETIN FOR JANUARY 2017
FamilySponsored
All
CHINAChargeability
mainland
Areas Except
born
Those Listed
INDIA
MEXICO
PHILIPPINES
F1
08JAN10
08JAN10
08JAN10
22APR95
01OCT05
F2A
22MAR15
22MAR15
22MAR15
08MAR15
22MAR15
F2B
08JUN10
08JUN10
08JUN10
15OCT95
08APR06
F3
01MAR05
01MAR05
01MAR05
15DEC94
01SEP94
F4
22JAN04
22NOV03
15MAY03
15MAY97
08JUN93
F1:
F2A:
F2B:
F3:
F4:
Unmarried son/daughter of USC
Spouses & Unmarried, under 21 years old children of LPR
Unmarried son/daughter (21 years of age or older) of LPR
Married son/daughter of USC
Siblings of USCs
Now you know why so many
cannot wait their turn in
line………
This is one reason why we have
11 million undocumented people
living in the United States….
EMPLOYMENT
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Some immigrants come to fill
positions where there is a shortage
of U.S. workers (ex: nurses,
computer engineers).
Every year there are some visas that
are given to professionals with
advanced degrees and skilled
workers. The employer must prove
that they can’t find a worker
domestically. (65,000 per year)
There are very few visas offered to
unskilled workers, though there are
many businesses that have a shortage
of these workers. Available jobs
without available visas cause a rise in
undocumented immigration.
FLEEING PERSECUTION
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Some immigrants come as
refugees fleeing persecution.
The U.S. accepts refugees and
asylees who are fleeing
persecution based on race,
ethnicity, nationality, religion,
gender, political opinion or
membership in a social group.
DIVERSITY VISA LOTTERY
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The chance of winning is:
Each year, there is a green card lottery
to welcome immigrants from
countries from which the U.S. receives
immigrants at lower rates.
The applicant must have a high school
diploma or have a specific ability/trade.
Their immediate family can come too.
There will be 50,000 visas given out.
Countries not eligible: Bangladesh,
Brazil, Canada, China, Colombia,
Dominican Republic, Ecuador, El
Salvador, Haiti, India, Jamaica,
Mexico, Nigeria, Pakistan, Peru,
Philippines, South Korea, United
Kingdom, and Vietnam.
LAWFUL PERMANENT RESIDENTS
MAY BECOME U.S. CITIZENS
Eligible immigrants may choose
to go through the process of
to become a U.S. citizen.
TO BECOME A NATURALIZED CITIZEN,
ONE MUST:
• Have a green card for either 3
or 5 years based on your
particular situation.
• Be physically present in the U.S.
for 2.5 years.
• Pay an application fee of $725.
• Pass the citizenship test.
• Pass the interview in English.
• Swear to the judge you will
follow the laws of the U.S.
• Be of good moral character (e.g.,
no serious crimes).
CONTRIBUTIONS OF IMMIGRANTS
Fill a labor need
 Pay taxes
 Add diversity
 Share new ideas
 Enrich the culture
 Offset an aging
population
 Strengthen our global
connections
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THREATS OF THE NEW ADMINISTRATION…
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ROUND THEM UP AND DEPORT ALL 11 MILLION
THERE ARE 2-3 MILLION CRIMINAL ALIENS
TAKE DACA AWAY
CANCEL DIVERSITY VISA
CANCEL ALL DISCRETIONARY MEMOS
VIOLATE DUE PROCESS RIGHTS
IMMIGRATION AGENCIES…..
U.S. Department of
Homeland Security
(DHS)
U.S. Customs and
Border Protection
(CBP)
U.S. Citizenship and
Immigration
Services (CIS)
U.S. Immigration
and Customs
Enforcement (ICE)
On March 1, 2003, the INS ceased to exist; the Department of Homeland
Security (“DHS”) now handles immigration services and enforcement
WHAT IS THE AGENCIES REACH?
Constitution FREE ZONE….. (66% OF THE COUNTRY LIVE HERE…)
HOW ARE UNDOCUMENTED IMMIGRANTS
IMPACTED BY THEIR STATUS?*
Not eligible for federal financial aid programs and federally
funded programs
 No drivers license* (available through AB 60 effective 2015)
 No SSN, therefore limited in qualifying for anything that requires
this form of identification (ID) *
 No work authorization, no paid internships & fellowships*
 Not eligible for some careers when licensure/back ground
checks are required*
 Cannot travel when official ID is required*
 Not eligible to work in chosen profession after graduation*
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*DACA issues temporary work permit & SSN; can be used for CA driver’s
license
CONT’D…
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Can pay taxes using Individual Taxpayer
Identification Number (ITIN) rather than
SSN
Can use ITIN, Matricula (Mexican ID),
Student ID on campus (if allowed)
Eligible for state funded campus services
Can go to graduate school (with some
exceptions)
CALIFORNIA
The golden state has been
leading the nation in protecting
our vulnerable populations,
which include our immigrant
population.
LAWS THAT PROTECT IMMIGRANTS IN CA…
Selected New California Laws
AB 60 effective January 2, 2015 provides access to a driver’s license for all California
residents regardless of immigration status.
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AB 1660 passed in 2014, makes it unlawful to discriminate against a person
because he or she presents a driver’s license issued under AB 60 which passed in
2013 and became effective in 2015.
SELECTED NEW CALIFORNIA LAWS PASSED IN 2013
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AB 35 effective January 1, 2014, codifies that DACA approved
individuals are eligible for unemployment insurance benefits
AB 1024 effective January 1, 2014, authorizes the California Supreme
Court to admit to the practice of law an applicant who is not lawfully
present in the USA.
AB 4 Trust Act, effective January 1, 2014, prohibits the detention of a
person on the basis of immigration status after that person becomes
eligible for release from criminal custody.
AB 524 effective January 1, 2014, explicitly defines extortion to
include threats to report a person’s immigration status.
SELECTED NEW CALIFORNIA LAWS PASSED IN 2014
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AB 2000 Expands access to higher education for students who complete
high school in less than three years. Allows students who have attended
at least three years of elementary or secondary education in the state to
qualify for in-state tuition, fee waivers, and financial aid, regardless of
their immigration status.
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SB 1159 Effective no later than January 1, 2016, expands immigrants’
access to professional and occupational licenses by prohibiting state
licensing boards within the Department of Consumer Affairs from
denying licensure to an other-wise qualified applicant because of his or
her citizenship or immigration status.
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AB1210 Establishes a California Dream Loan Program, which provides
Loans to AB 540 students who are ineligible for federal financial aid.
SELECTED NEW CALIFORNIA LAWS PASSED IN 2015
SB 4 (Lara) - HEALTH CARE COVERAGE REGARDLESS OF
IMMIGRATION STATUS The 2015-2016 State Budget includes
investments to expand eligibility to Medi-Cal to all children and youth
ages 0-19, regardless of immigration status.
AB 622 (Hernández, Roger) - EMPLOYMENT: E-VERIFY AB 622 will
strengthen the California Labor Code’s protections for all workers by
limiting misuse of E-Verify. It codifies and clarifies existing federal
standards, and creates civil penalties for abuse.
AB 60 (Gonzalez) - IMMIGRATION SERVICES: ATTORNEYS This bill will
protect Californians from immigration attorneys and consultants
demanding an advanced payment for services exclusively related to a
pending immigration reform act such as President Obama’s
announcement on November 20, 2014.
SELECTED NEW CALIFORNIA LAWS PASSED IN 2016
More than 20 bills impacting immigrants were
passed this year by the State of California…
AB 2298 (Weber) - Gang Database & Suppression - This bill requires local
law enforcement to notify people when they are added to a shared gang
database, enable people to inquire as to their status on a database, and have
a clear process for removal.
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AB 2792 (Bonta) - TRUTH Act: : Aims to create increased transparency and
due process in the ways that local law enforcement cooperate and function
with ICE.
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AB 1850 (Garcia, Eduardo) Educational Services: remove the word “illegal”
from the California Education Code, and replace the word “alien” with
“foreign national” as a definition for an immigrant individual.
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CONT’D…
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AB 2364 (Holden) Concurrent Enrollment for All would exempt
undocumented students, from paying nonresident tuition at the California
State University and the California Community Colleges if that student is
currently a California high school student enrolled in a concurrent
enrollment or dual enrollment program.
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SB 1242 (Lara) Misdemeanor Sentencing: Immigration Consequences
would provide that all misdemeanor crimes retroactively shall have a
maximum possible sentence not exceeding 364 days. This will ensure that
legal residents are not deported due to discrepancies between state and
federal law.
California Laws PROPOSED in 2017
SB54 (DELEON) – California Values Act:
State and local law enforcement agencies and school police and security
departments will not engage in immigration enforcement. No state or local
resources will be used to investigate, detain, detect, report, or arrest persons for
immigration enforcement purposes
State and local resources will not be used to facilitate the creation of a national
registry based on religion or other protected characteristics.
State agencies will review their confidentiality policies in order to ensure that
eligible individuals are not deterred from seeking services or engaging with state
agencies. State agencies shall not collect or share information from individuals
unless necessary to perform agency duties.
California schools, hospitals, and courthouses will remain safe and accessible to
all California residents, regardless of immigration status. Each shall establish and
make public policies that limit immigration enforcement on their premises to the
fullest extent possible consistent with federal and state law.
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DACA….WHAT IS THIS?
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Entered the USA before turning 16.
At least 15 years of age at time of application.
Currently enrolled or finished HS (GED).
No felonies, 3 misdemeanors or a significant
misdemeanor.
Present in the USA from June 15, 2007 to the time
of filing the application.
Undocumented on June 15, 2012 and present in
the USA.
STUDENTS CANNOT
LEARN IF THEY ARE
AFRAID…
WAYS WE CAN HELP….
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Respect the students’ confidentiality and never “out” a
student.
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Identify allies for undocumented students; establish
connections between allies to build a referral system for
students; educate and provide ally training for staff and
faculty to be informed about the status of
undocumented immigrant students and the laws that
impinge upon student lives, and policies and practices
that can contribute to their academic success.
CONT’D…
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Create an accessible, visible portal for the public on
the campus website.
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Pay attention to language used in all aspects of the
university life so that students are not stigmatized
nor humiliated by unintended words.
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Create opportunities for advocacy on campus and in
the community.
CONT’D…
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Create an inclusive space of all sexual
preferences, sexes, religions, backgrounds,
ethnicities and nationalities….
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The Latino Center is a good start....you need
more – an All Inclusive Space – Dream
Resource Center.
International Student Visa/Immigration
Center...(Dream Resource Center)
KNOWLEDGE IS POWER
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Legal Access: create a "free legal clinic" for students
to attend; at least do a basic intake assessment; not
necessarily funding their cases.
Create a campus wide comprehensive program to
serve the various needs of undocumented students,
i.e. tuition, housing, legal, etc..
Educate the Educators.
Civic Engagement: Provide updates on the bills in
place and the laws in place to protect them.
TAKING ACTION NOW…
Find out total number of undocumented
students on campus.
 Issues are coming up with those traveling
abroad - bring them back; hold off on sending
new students abroad.
 Do not share information with ICE/CBP;
encouraging students to opt out of the school
directory as the directory is public document.
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CONT’D…
What is the policy for CSUM for "sharing"
information with ICE/CBP through their oncampus police, etc... (encourage not to cooperate
unless there is a warrant).
 Enforce the TRUST Act.
 Find out percentage of students that are locals
vs. students that have families far that cannot
visit them due to the travel check points to come
to San Diego County.
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CONT’D…
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On-Campus employment – who will loose
their job with DACA gone. Identify those
students.
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On-Campus recruitment – if they continue to
attend the job fairs, then do it without the
uniforms/dress as civilians only to avoid
harassment and intimidation
RESOURCES
ACLU of San Diego
 SAN DIEGO IMMIGRANT RIGHTS
CONSORTIUM
 UURISE
 LEGAL AID SOCIETY OF SAN DIEGO
 Yours Truly!
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CONTACT INFORMATION…
Thank you!
MARICELA AMEZOLA, ESQ.
AMEZOLA LEGAL GROUP
San Diego Office: (619) 255-7310
Escondido Office: (760) 301-1030
[email protected]