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8/17/2014
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Immigration 2014
Citizenship & Immigration Workshop
Welcome
Presenters
Ann Massey Badmus, Attorney at Law
Angela M. Lopez, Attorney at Law
Katrina M. Moore, Attorney at Law
How to Help Your Family Legally Immigrate
Deferred Action for Childhood Arrivals (DACA) Updates
U.S. Citizenship Rules and Procedures
Employment Options for F-1 Students
Agenda
5
4
1
2
3
Immigration Reform Law Updates
5 Important Tips to Avoid Dangerous Immigration Mistakes
Consultations

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How To Help Your Family Legally Immigrate
to the United States
Lawful Permanent Resident
(LPR)
U.S. Citizen
Who Can Sponsor Family?
Spouse
Marriage must be legally valid and
entered in good faith (“bona fide”).
Not solely for immigration purpose.
Immediate Relatives of U.S. Citizens

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Same-Sex Marriages
Defense of Marriage Act (DOMA) - USCIS now recognizes
same-sex marriages.
Same-sex marriages recognized by any U.S. state would
be recognized by USCIS regardless of residence.
Immediate Relatives of U.S. Citizens
Parents
U.S. citizen child must be over the age
of 21 to sponsor parent.
Children under the age of 21 can
never sponsor parents.
Immediate Relatives of U.S. Citizens
Children
• Under age 21 and unmarried
• Can be stepchild if parent marries USC
before child is 18
• Adopted children if adopted before age
16 (other conditions may apply)
Immediate Relatives of U.S. Citizens

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There is no limit on the number of immediate
relatives who can emigrate from any country
at any time – no waiting list.
Immediate Relatives who entered the entered
the United States legally (“lawfully”), can
adjust status to permanent residence even
though they have overstayed their authorized
period of stay.
Immediate Relative Benefits
FB-1
Unmarried sons
and daughters of
USC
FB-2
spouses and
children of LPR
FB- 2A
Spouses and
children under
the age of 21
FB- 2B
Unmarried
children over the
age of 21
FB-3
Married sons and
daughters of USC
FB-4
Brothers and
sisters of USC
Family Preference Categories
USC – U.S. Citizen
LPR – Lawful Permanent Resident
The son or daughter must be unmarried at the
time the petition is filed and continue to be
unmarried until “lawful permanent resident”
(Green Card) status is granted.
Where an immediate-relative petition has
been approved for a “child” and the child
reaches the age of 21, the petition is
automatically converted to FB-1, unless I-485
is filed before age 21.
Where there is an approved FB1 petition and
the son or daughter marries, the petition is
automatically converted to FB-3
FB-1 Unmarried Sons & Daughters of USC

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FB- 2A Spouses and Children
under the age of 21.
This category has delays for
about 5+ years for most
countries.
FB- 2B Unmarried children
over the age of 21.
This category has delays for
about 9+ years for most
countries.
FB-2 Spouses and Unmarried Children of LPR
Permanent residents cannot
apply for married children.
FB-3 - Married Sons and
Daughters of USC
8+ year minimum waiting
list
FB-4 - Brothers and sisters of
USC
10+ year minimum waiting
list
FB-3 and FB-4 Waiting List
Long waiting periods
Next step to green
card depends
upon whether
immigrant visa is
available.
Priority date must
be current.
Priority Date =
filing date of I-
130 relative
petition
Visa Bulletin -
issued every
month by the
Department of
State and is
used to
determine visa
availability.
Immigrant Visa Availability

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Family-
Sponsored
All
Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES
F1 22APR07 22APR07 22APR07 08APR94 01JUN04
F2A 01MAY12 01MAY12 01MAY12 15MAR11 01MAY12
F2B 01JUL07 01JUL07 01JUL07 01APR94 08OCT03
F3 15NOV03 15NOV03 15NOV03 15SEP93 15APR93
F4 01JAN02 01JAN02 01JAN02 01JAN97 22JAN91
Visa Bulletin for August 2014
Priority date must be before cut-off date on Visa Bulletin
to be current
Country of chargeability = place of birth
Preference category (FB1 to FB4)
Unpredictable cut-off dates
Visa Bulletin may even retrogress (move backwards)
Visa Bulletin Facts
I-130 Relative Petition
filed with USCIS
I-485 Adjustment of
Status - relative is
lawfully present in U.S.
OR
DS260 Immigrant Visa -
relative is outside the
United States
How to Apply for Family
Priority date
must be current
or alien must be
immediate
relative

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How to Apply for Family
Affidavit of Support
 USC or LPR relatives must meet minimum income
requirement to support intending immigrant family member.
 Supporting evidence includes taxes, employment verification,
and paystubs for USC or LPR relative.
 Joint financial sponsor may be needed if USC/LPR relative
does not meet minimum income requirement.
Inadmissibility
Certain Crimes
Misrepresentation or
fraud in prior visa
applications
Unlawful presence
Previous removal or
deportation
Two-year foreign
residency requirement
for J-1 visa
Medical grounds, and
more…..
Family Unity Rule – I-601 Provisional Waiver
On January 3, 2013, the U.S. Citizenship and
Immigration Services (USCIS) issued the
“Provisional Unlawful Presence Waivers of
Inadmissibility for Certain Immediate
Relatives” rule, effective March 4, 2013

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What Does the Provisional Waiver Do?
“Generally it allows spouses, parents, and
children, as defined by the INA, of US
citizens to request a waiver for unlawful
presence before leaving the U.S. to
process their immigrant visa applications.
Who is Eligible for the Provisional Waiver?
Generally a visa applicant over the age of 17 who
can demonstrate “extreme hardship” to a U.S.
citizen spouse or U.S. citizen parent can apply.
Questions?

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Deferred Action for Childhood Arrivals
(DACA) Updates
Physically present in the U.S. on June 15, 2012 and at the
time of making the request
Have continuously resided in the United States since
June 15, 2007
Came to the U.S. before age 16
Be under the age of 31 years old as of June 15, 2012
General Requirements
Have not been convicted or a felony, significant
misdemeanor or three or more other misdemeanors
Currently in school, graduated from high school or have
a GED, or have been honorably discharged from the
Coast Guard or Armed Forces of the United States
Entered without inspection before June 15 ,2012 or any
lawful immigration status expired
General Requirements

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Travel
“Brief, casual, and
innocent” on or after
June 15, 2007 and
before August 15,
2012.
Must not travel after
DACA is granted except
if granted Advance
Parole from USCIS.
Must file form and pay
fees.
Humanitarian - medical, family member’s
funeral services, or visit an ill relative
Educational - semester-abroad programs and
academic research
Employment - overseas assignments, interviews,
conferences, training
Permissible Travel Purposes
TRAVEL FOR VACATION IS NOT ALLOWED
Must receive authorization from USCIS before
traveling
Travel permission does not cure inadmissibility based
on INA §212(a)(9)(B)- Unlawful presence bars
What Else Should You Know about Advance Parole

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File approximately
4 months before
the expiration date
of current period
of deferred action.
Application might
be rejected if filed
more than 5
months before
expiration date.
Additional
documents needed
only if removal
proceedings or
criminal charges
have occurred after
grant of DACA
status.
DACA Renewals
DACA I-821D Form
Expires 6/30/2016
Not providing the
right documents to
avoid Request for
Evidence (RFE)
Applying for DACA
without
professional help
Not enrolling in
school to qualify
Incorrect section
for requesting
DACA on Form I-
765
Failing to look at
other options
5 Common Mistakes of DACA Applicants

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Questions?
Employment Options for F-1 Students
Employment Options
Curriculum Practical Training (CPT)
Optional Practical Training (OPT)
TN (Free Trade Agreement - NAFTA)
H-1B
Other employment visas?

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Curriculum Practical Training (CPT)
 College students currently attending school full-time
 Alternative work/study, internship, cooperative
education, etc. which is academically required
 It must be required for all students in program
 Must be in status for more than 9 months
 Maximum 20 hours p/t; except during summer and
winter vacation
Extreme Hardship EAD
 College students currently in school full-time
 After 1 year of attendance
 Recommendation by educational institution
 Must demonstrate extreme hardship; changed economic
circumstances since entry into U.S.
 Authorization by USCIS (Employment Authorization
Document – EAD)
Optional Practical Training (OPT)
 Graduation from degree program (BS, Master, PhD..)
 1 year work authorization only (cumulative) but 17
month extension available for STEM fields
Breaks while earning degree
Post Degree
 Limited to field related to academic study
 Non-employer specific (“Portability”)
New job - same field of study

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H-1B Employment Visa
Specialty Occupation
Highly skilled specialized knowledge and
Bachelor’s or higher degree (or its equivalent) (3-1 rule)
State license, if required
6 year maximum stay (3 years initial term)
TN – Trade NAFTA Visa
Employer specific
U.S. Employers
Canadian or Mexican Employers
Limited to Canadians and Mexicans
67 specified professions
3 Year maximum admission
Indefinite extensions
Other Employment Visas
J-1 Exchange Visitor
L-1 Intra-Company Transferee
O-1 Extraordinary Ability
E-2 Treaty Investor

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Questions?
The Citizenship Advantage
Voting Rights

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Siblings
Jury Duty Sponsorship
Parents and Siblings
No Deportation
International Travel
Government Jobs
Full Protection of the
U.S. Constitution and
Bill of Rights

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Protection from
Anti-Immigrant
Laws
How To Become
A U.S. Citizen
Naturalization
 Must be at least 18 years old
 Legal Permanent Resident (LPR)
(3 years, if married to USC, or 5 years)
 Residence must be continuous as
certain absences may break
continuity of residence.

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Naturalization
Actual physical presence
in the U. S. at least half of
the qualifying period (18
months or 36 months)
Good moral character
(GMC) during qualifying
period, i.e. look back 3 or
5 years
Naturalization
Exemption from the English test if you
are:
 55 years or older and lived as a
permanent resident in the U.S for 15
years or more. Take the civics test in
native language
 50 years or older and lived as a
permanent resident in the U.S for 20
years or more. Take the civics test in
native language
 65 years or older and lived as a
permanent resident in the US for 20
years or more. Take the Simplified
civics test in your language and *
Asterisk only questionsSpeak, Read, Write
English
Naturalization
Exemption from the English
test if you have a physical or
developmental disabilities or
mental impairments that have
lasted one year and will last at
least one year after applying
for citizenship.
N-648 form must be completed
by qualified U.S. physician or
licensed clinical psychologist.Speak, Read, Write
English

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Naturalization
U.S. History & Civics Test
(exemption for proven mental
or developmental disability)
Oath of Allegiance
Statutory Bars
Permanent Bar including conviction
of murder or aggravated felonies,
anti-government acts, support
violent overthrow of government,
etc.
Banned forever!
Temporary Bars including prostitution,
habitual drunkard, polygamy, shoplifting,
drug violations, illegal gambling…
(within the 3 or 5 year period)
Statutory Bars
Discretionary bar includes non-
payment of child support,
extramarital affairs destroying
marriage (rare), failure to
register for Selective Service,
tax violations, and more.

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Risks of Naturalization
Naturalization reopens an applicant’s immigration record
Loss of home country citizenship (if no dual citizenship)
Evaluate risks to
your green card
status which
could include:
denial of application
revocation of lawful permanent residence
removal proceedings
criminal prosecution
Who Should Not Apply for Citizenship
Aggravated felony conviction
False claim to U. S. Citizenship
Unlawful voting
Who Should Not Apply for Citizenship
Lying or giving false misleading information
Conviction of CMT within 5 years of
admission
Still on parole

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Procedure
Complete and file N-400 at 33 month or 57 month anniversary
of green card
Two photos, copy of green card
Check for $680 unless fee waiver
Receipt notice (2 to 3 weeks)
Fingerprint notice (2 to 3 weeks)
Procedure
Request for information (possible)
Interview (3-4 months)
Oath Ceremony – Certificate of
Naturalization (same day in Dallas)
N-400 Form
Expires 9/30/2015

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Automatic Citizenship
Child born abroad to one or both
USC parents
OR
LPR Child, under 18 years old, and
unmarried at the time at least one
parent naturalizes
Proof of Automatic Citizenship
U.S. PassportCertificate of Citizenship
- Form N600
Consular Report of Birth Abroad
Questions?

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Immigration Reform
Predictions?
Why Immigration Reform is Good For Economy - 2013

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Proof of Identity
Official Birth
Certificate
Passport
Matricula Consular
Identification Cards
from school, work,
membership,
driver’s license
School Records
Bank Statements
Immunization Records
Church Records
Work Records - W-2s
or 1099
Tax Returns
Phone Records
Lease/Ownership
Property Records
Proof of Presence
Receipt
Notices from
USCIS
Approval
Notices from
USCIS
Employment
Authorization
Card
I-94 Arrival
and Departure
Card
All documents
received from
USCIS
Proof of Previous Status in the U.S.

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Future Records
• Keep all
documents
related to the
offense
• Don’t have a
future record
Past Records
• Request
certified copies
from the court
• Proof of
expunged
records
Criminal Records
Consult with a criminal
defense attorney regarding any
criminal matter!
Questions?

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5 Important Tips to Avoid
Dangerous Immigration Mistakes
1 KNOW YOUR RIGHTS AND OBLIGATIONS
Government ??
Friends ??
Research ??
Attorneys ??
2 IMMIGRATION FORMS
 Fill out completely
 Do not withhold information
Review thoroughly before you sign
Provide ALL required proof

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3 ADDRESS CHANGES
Applications
AR-11 for all noncitizens
I-865 form for LPR or USC Sponsors
of Relatives (I-864)
4 EXPIRATIONS & DEADLINES!
 Work Cards (EAD)
 Requests for Evidence (RFE)
 Visas
 Travel Documents
 Conditional Permanent Residence
Don’t Miss the Boat!
5 INTERNATIONAL TRAVEL BEWARE!
 Visas
 Advance Parole
 Abandonment
 Unlawful Presence

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Get Qualified Help
Consultations
Complete
questionnaire
Meet with
attorney for 10
minutes
Schedule
appointment to
start
application
process
Provide contact
information for
immigration
updates
Legal Notice
Immigration applications are never “just forms.”
There are complex legal rules and consequences to
every application.
Facts of each case are different. The information
provided here is general in nature and should not be
relied upon for specific situations and is not legal
advice.
Consult with an experienced immigration attorney to
get the right advice.

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Questions? More
Information?
badmuslaw.com
immigration@cowlesthompson.com
901 Main Street Suite 3900
Dallas, TX 75202
214-672-2000