Immigration Workshop: Family & Employment Agenda
- Introduction
- Overview of Representing Individuals/Corporations before the Department of Homeland Security
- 3 different agencies under Department of Homeland Security
- USCIS: United States Citizenship & Immigration Service
- ICE: Immigration & Customs Enforcement
- CBP: Customs and Border patrol
- Review of Form G-28
- Overview of ways to obtain lawful permanent resident status in the United States
- Family, Employment, Asylum, Diversity Lottery, Cancellation of Removal
- Overview of non-immigrant, temporary visas
- Most popular temporary visas: visitor visa, student visa, religious worker, intra-company transfer, treaty trader, treaty investor
- Overview of becoming a US citizen
- Naturalization
- Automatic citizenship
- Family Based Immigration
- Overview of family relationships which afford immigration status
- Immediate Relatives
- Spouses of US Citizens
- Parents of US Citizens over 21 years of age
- Children of US Citizens
- Preference Categories
- Spouses, children of Lawful Permanent Residents
- Over 21 children of US Citizens
- Siblings of US citizens
- Process of filing for immigration status based on family relationship
- Petition Process
- Adjustment of Status if inside USA
- Consular Processing of outside USA
- Adjustment of Status based on family relationship
- Overview of Process
- Review of Form I-485
- Review of Form G-325A
- Review of Form I-864
- Review of Form I-765
- Waivers for Criminal Convictions, Fraud, Unlawful Presence
- Must be inspected and admitted
- Exception: Protection under legacy INA 245(i)
- Overview of Form I-485A
- Must be in status in order to adjust status
- Exception: Approved immediate relative petition
- Consular Processing based on a family relationship
- Overview of Process
- Petition Approval
- National Visa Center
- Review of Form DS-230
- Unlawful Presence Bar
- Re-examination of the petition
- Issues involving Marriage to US citizen
- Overview of Fiancée Visa (K-1)
- Prevalence of marriage fraud
- Ethical issue: Who is your client?
- Break (15 minutes)
- Employment Based Immigration
- Obtaining lawful permanent resident status based on employment
- Process
- Labor Certification
- Petition for Alien Worker
- Adjustment of Status or Consular Processing
- Adjustment of Status
- Must be in status unless there is 245(i) protection
- Consular Processing
- Waiver needed if inadmissible
- Employment Based Categories subject to Preference System
- EB1: Priority Workers
- EB2: Members of the Profession Holding Advanced Degrees
- EB3: Skilled Workers, Professionals, Other Workers
- EB4: Certain Special Immigrants
- Temporary Employment Based Visas
- Overview of H1b Visa, L Visa, E Visa, R Visa, B1 Visa
- Review of Labor Condition Application
- Review of Form I-129
- Review of Form I-539
- Employment Creation Visa (EB 5)
- Regional Center vs. Direct Investment
- Request if filed on Form I-526
- Issues in Employment based immigration
- Who is your client?
- Ethical issues with advertising a position for labor certification
- Changes and Proposed Changes to US Immigration Law
- Discussion about change in enforcement priorities for individuals in Immigration court
- What exactly is the change?
- Who does it affect?
- Overview of proposed rule on state side waiver processing
- What exactly is the change?
- Who does it affect?
- Questions and Answers