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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 • 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 • Undocumented • Temporary Immigration • Permanent Residence • Naturalized Citizen
Undocumented • Overstay • Unlawful crossing • No access to adjustment of status
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
Examples • Maria – brought as small child • Mark – USC father, adoption
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
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
Lawful Permanent Residence • Asylum • Business • Diversity/Lottery • Family
Benefits • Can stay permanently • Can freely work • Can’t vote! • Can become a naturalized citizen after at least 5 years • CAN STILL BE DEPORTED
Asd Perjury Noncriminal possession Miguel Tejada Amy Winehouse Hugh Grant MIA Procuring Parent as “terrorist” prostitute
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
Cancellation of removal • 10 years continuous physical presence • No convictions • Good moral character • Exceptional and extremely unusual hardship
U Visa • Victim of crime • In the United States • Helpful to prosecution • Substantial mental or physical abuse
Cultural Issues • Demeanor • Terminology • Cultural context