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Understanding U.S. Immigration: Process and Categories

Learn about U.S. immigration laws, who can immigrate, why people migrate, different immigrant categories, visa processes, and enforcement. Explore options for family-based and employment-based immigration.

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Understanding U.S. Immigration: Process and Categories

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Presentation Transcript

  1. Lesson 5: How to Immigrate to the United States

  2. Introduction U.S. immigration laws govern: • Who can come to this country; • How long they can stay; and • The benefits they may access.

  3. Why do People Migrate? List reasons that explain why people leaveone place to go to another beginning with the letter… F new country home country

  4. The F’s of Migration Migration is an age-old story. People migrate from one place to another: • To be reunited with FAMILY • To FEEDand FINANCIALLY support their family • To FLEEa bad situation or out of FEAR of harm • To seek FREEDOMand safety • To pursue their FAITH • To seek FUNand adventure

  5. 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

  6. Students Temporary Workers Visitors Others Non–immigrants / Temporary Status People who stay for a limited amount of time:

  7. Immigrants/Lawful Permanent Residents Lawful permanent residents (LPR’s) have permission to remain in the US for as long as they choose. They must replace their green cardevery 10 years and remain crime free.

  8. 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. • 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. 1 2

  9. How Can People Immigrate? The LPR entrance categories are: • Family Visas • Employer Visas • Refugees/Asylum seekers • Special Laws

  10. Family-Based Immigration U.S. citizens can help to immigrate: • Immediate Relatives – visa immediately available • Spouse, unmarried children under 21, parents of adult citizens • Family-sponsored preferences – all categories must wait for a visa • Unmarried adult sons/daughters • Married sons/daughters • Siblings of adult citizens

  11. Family-Based Immigration Lawful Permanent Residents (LPRs) can help to immigrate: • Spouses and unmarried children under 21 • Unmarried sons/daughters 21 and older

  12. Waiting Times to Immigrate (Family) These are waiting times as of November 2010.

  13. Employment-Based Immigration • 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)

  14. 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

  15. U.S. Citizen People BORN in the U.S. or territory People born to a U.S. citizen parent or having your parent become a citizen (before you turn 18) People who are permanent residents and naturalize

  16. 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

  17. 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

  18. 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%)

  19. 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)

  20. 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.

  21. Deportation People may be deported from the U.S. if they violate immigration laws. In fiscal year 2009, ICE completed 387,790deportations. From 1997 to 2007, over one million family members have been separated by deportation.

  22. Questions? Comments?

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