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IMMIGRATION 101

IMMIGRATION 101. A Seminar Series for the Boston Medical Center Community. Seminar #2 December 16, 2004. Samantha Morton, Esq. Staff Attorney Family Advocacy Program / BMC. Immigration Acronyms & Codes. Decision-Makers. Immigration law is created by Congress and shaped by courts

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IMMIGRATION 101

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  1. IMMIGRATION 101 A Seminar Series for the Boston Medical Center Community

  2. Seminar #2 December 16, 2004 Samantha Morton, Esq. Staff Attorney Family Advocacy Program / BMC

  3. Immigration Acronyms & Codes

  4. Decision-Makers • Immigration law is created by Congress and shaped by courts • Immigration law is administered by a federal agency • United States Citizenship and Immigration Services (USCIS) • formerly Bureau of Citizenship and Immigration Services (BCIS) • formerly Immigration and Naturalization Service (INS)

  5. Decision-Makers (cont.) • Department of Homeland Security (DHS) • USCIS • Immigration and Customs Enforcement (ICE)

  6. Types of Immigration Status • U.S. Citizen • by birth • by naturalization • Lawful Permanent Resident (LPR) (“Green Card” holder)

  7. Types of Immigration Status (cont.) • Refugee • Asylee • Asylum-Seeker • Temporary Protected Status (TPS) • Undocumented

  8. Other Key Terms and Concepts • Employment Authorization Document • Public Charge • Visa • I-94 Card

  9. U.S. citizens may sponsor: spouse unmarried child < 21 unmarried child > 21 married child of any age sibling or parent (if sponsor > 21) LPRs may sponsor: spouse unmarried child < 21 unmarried child > 21 Family Sponsorship

  10. Immigrant Visa Number Availability – January 2005 • Family Priority Dates • First Preference (23,400) • Unmarried children of U.S. citizens • December 22, 2000 (4 years) • Second Preference (114,200) • Tier A = Spouses and unmarried children < 21 of LPRs • August15, 2000 (almost 4.5 years) • Tier B = Unmarried children > 21 of LPRs • August 1, 1995 (almost 9.5 years)

  11. Immigrant Visa Number Availability – Jan. 2005 (cont.) • Third Preference • Married children > 21 of U.S. citizens (23,400) • December 22, 1997 (7 years) • Fourth Preference • Siblings of U.S. citizens (65,000) • November 22, 1992 (over 12 years) • http://travel.state.gov/visa/frvi_bulletincurrent.html

  12. Refugee Status • Suffered persecution because of race, religion, nationality, membership in a social group, or political opinion • Status granted while outside the U.S. • Office of Refugee Resettlement (ORR) • part of U.S. DHHS • 800-354-0365/www.acf.dhhs.gov/programs/orr • Mass. Office for Refugees and Immigrants (617-727-7888)

  13. Asylum • Suffered persecution because of race, religion, nationality, membership in a social group, or political opinion • Status granted while inside the U.S. • Must apply within one year of U.S. entry • May apply for EAD 6 months after filing application • Eligible to apply for green card one year after asylum granted

  14. Immigration Options for Domestic Violence Victims • Violence Against Women Act self-petition • Victim must be married to, or newly divorced from, U.S. citizen / LPR abuser (or be child of abuser) • U visa • Crime victim must have reported crime and cooperated with police/prosecutors • Domestic violence-based asylum claim • Must demonstrate that home country did not and would not take steps to protect victim

  15. Current Developments in Federal Immigration Law and Policy • President Bush’s Proposed Temporary Worker Program • DREAM Act • Driver’s License provisions of Immigration Reform bill

  16. Resources for Immigrants • International Institute of Boston (IIB) 617-695-9990 • Refugee Immigration Ministry (RIM) 781-322-1011 • International Rescue Committee (IRC) 617-482-1154 • Asian American Civic Association (AACA) 617-426-9492 • Vietnamese-American Civic Association 617-288-7344 • Irish Immigration Center 617-542-7654 • Brazilian Immigrant Center 617-783-8001 • Massachusetts Alliance of Portuguese Speakers (M.A.P.S.) • Centro Presente 617-497-9080 • Latin American Health Institute 617-350-6900 • Haitian Multi-Service Center 617-436-2848 • Association of Haitian Women in Boston (AFAB) 617-287-0096

  17. Family Advocacy Program (FAP) 617-414-7430 Serves families with children treated at BMC pediatrics only Family income must be under 200% FPL Legal advocacy Boston Center for Refugee Health and Human Rights (BCRHHR) 617-414-4794 Serves survivors of torture and persecution only Multi-disciplinary care BMC Resources for Immigrants

  18. Samantha Morton, Esq.Staff Attorney Family Advocacy Program 617-414-6769 samantha.morton@bmc.org

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