Immigrant Visas (Family-Based) Flashcards
if you are found inadmissible you __
lose whatever status you have
Metaphor for thinking about immigration
hotel
Three main ways to get immigrant visa
- family
- employment
- diversity
if you are admissible you may be able to ___
adjust status to immigrant
If you are an LPR you are subject to the bars of deportability __
at any time
Difference between refugees and asylees
- Refugees apply abroad
- Asylees apply once in US or at border
What is the rare circumstance where people may become US citizens right away?
defense in deportation proceedings
Primary benefits of IVs
- can naturalize after 5 years (3 if marry USC)
- work authorization
- ability to submit family-based petitions
Most immigrant visas are subject to __
annual limitations in the INA that haven’t changed since the 1990s
At most, __ of all immigrant visas can come from one country
7%
Max diversity visas
55k
Max employment visas
175k
Max family-based visas
480k
Family based visa wait times differ based on ___
- country
- category
F-1 visas
unmarried sons and daughters of USC
F-2 visas
Spouses and unmarried sons and daughters of LPRs
F-2a visas
Spouse and children of LPRS
F-2b visas
unmarried sons and daughters
F-3 visas
Married sons and daughters of USC
F-4 visas
Siblings of USC who are 21+
Immediate relatives of USC are not __ BUT __
subject to numerical limitations or wait times for visa app availability, still have to wait for processing
Who are immediate relatives under the INA
- Spouses of USC
- Parents of USC sons and daughters (must be 21+)
- Children (under 21 and unmarried) of USC
Why can’t you get status through an anchor baby?
Cannot sponsor as immediate relative until the child is 21
USC family member does not __
mean eligible for family based visas
____ of LPRs cannot get visas until the LPR ___
Siblings
Married Children
Parents
naturalizes and then get in line for availability
Steps for Obtaining Visa
- initial app filed and approved
- priority date becomes current
-petitioner process visas - agency approval
- get visa
processing a visa can take __
1 1/2 - 2 years
If a visa is derivative then __
spouses and children/step-children can follow and get visa as soon as beneficiary does
Derivative visas are tacked on to ___ NOT ___
beneficiary, principal (USC or LPR sponsor)
For children of USC, their age __
freezes when app filed
For children of LPRs, they can only freeze for __
visa processing time (must be under 21 when priority date)
If child getting F4 visa through USC uncle can only get if __
unmarried and under 21 when mom’s visa becomes available
what is a UAC
unaccompanied alien child
Define UAC
no parent/guardian in US or none that can provide care and physical custody
___ can significantly and unintuitively influence waiting times
Marriage
Example of marriage waiting time incongruity
3 1/2 years for unmarried son of Mexican LPR
24 years for married 19 year old daughter of USC
Adams v Howerton facts
USC and spouse married in Colorado but denied immediate relative status
Adams holding
Equal protection not violated because Congress can use PP to enact statute that if applied to citizens would be unconstitutional
The letter C on a visa bulletin indicates that __
category is current and no wait time beyond visa processing
LPRs must carry __
proof of LPR status at all times and provide info of address change within 10 days of each move
Early family-based immigration was grounded in __
individual rights theory (right of male head of household to relocate his family)
Most LPRs get it through ___
family-based
Every noncitizen awarded immigrant visa entitled to bring __
spouse as derivative beneficiary
A marriage is valid for visa purposes if __
– properly and legally performed in the place of celebration
- legally recognized in place of celebration
Marriages that are legal in place of celebration can be void if __
- polygamous (prior marriages must be terminated)
- between relatives
- minors
Marriage fraud usually occurs when __
– paid some consideration but no intention of residing together
OR
- alien spouse misleads USC
You get a conditional visa if __
marriage is less than 2 years old
Marriage fraud elements
-knowingly
-entered into marriage
- for purpose of evading any imm laws
For marriages entered into under removal proceedings must __
- reside outside US in marriage for 2 years
- good faith evidence (heightened scrutiny)
Marriage fraud is a __
federal crime
LPR who obtained on basis of marriage cannot petition LPR status for foreign spouse unless
____
- 5 years after LPR status
OR - clear and convincing evidence first marriage not fraudulent
To self-petition in the case of domestic violence you must show __
- good faith marriage
- evidence of battery or extreme cruelty
At any point in 2 year conditional status, the couple may be __
subject to inspection by imm examiners
Diversity visas are authorized under __
INA 203(c)
Diversity is defined only as __
national origin
Purpose of diversity visas
diversify the immigrant pool
Diversity visas are selected in __
random order by Secretary of State
Requirements for diversity visa
- high school degree equivalent
OR - 2 years experience in occupation that requires training
Adjusting status is another way of saying __
getting a green card
The immigration quotas are decided under INA
201
In Adams, the court disposed of the equal protection claim through ___
plenary power
