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Outline

Outline . Introduction to Immigration Types of Status Navigating the System Culture Clash with the Legal System Collaboration Applications Cancellation of Removal – the story of Jonathan U Visa – the story of Maria Cultural Issues in the Legal System . Types of Immigration .

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Outline

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  1. Outline • Introduction to Immigration • Types of Status • Navigating the System • Culture Clash with the Legal System • Collaboration • Applications • Cancellation of Removal – the story of Jonathan • U Visa – the story of Maria • Cultural Issues in the Legal System

  2. Types of Immigration • Undocumented • Temporary Immigration • Permanent Residence • Naturalized Citizen

  3. Undocumented • Overstay • Unlawful crossing • No access to adjustment of status

  4. Consequences • No right to work • No right to means-tested benefits • No right to stay in the country • Visa process is long • Must leave country to get any status • 10-20 year bar

  5. Examples • Maria – brought as small child • Mark – USC father, adoption

  6. Nonimmigrants Business Related Family Related Temporary for business Fiance(e)s of USC Temporary workers Religious workers TourismLaw Enforcement/Victim Temporary for pleasure Victims of Trafficking Visa Waiver Program Victims of Violence Students/exchange Noncitizens assisting law enforcement

  7. Benefits/Rights • Can remain for specific period of time • May be able to work • Potential to become a permanent resident IF they are eligible. • Subject to deportation for certain actions

  8. Lawful Permanent Residence • Asylum • Business • Diversity/Lottery • Family

  9. Visa Bulletin

  10. Benefits • Can stay permanently • Can freely work • Can’t vote! • Can become a naturalized citizen after at least 5 years • CAN STILL BE DEPORTED

  11. Asd Perjury Noncriminal possession Miguel Tejada Amy Winehouse Hugh Grant MIA Procuring Parent as “terrorist” prostitute

  12. Navigating the System • Undocumented • No process • Constant potential for deportation • Applications • Lengthy timeframe • Lack of information available from government during process • Court • Lengthy timeframe • Full hearing with opposing counsel, and judge to determine eligibility

  13. Cancellation of removal • 10 years continuous physical presence • No convictions • Good moral character • Exceptional and extremely unusual hardship

  14. U Visa • Victim of crime • In the United States • Helpful to prosecution • Substantial mental or physical abuse

  15. Cultural Issues • Demeanor • Terminology • Cultural context

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