Immigration 101

Question 1

What status must someone have to apply for citizenship?

Answer 1

Legal Permanent Residency (Residency/Green Card)

Question 2

Who are immediate relatives?

Answer 2

• Spouses of USC
• Unmarried minor children of UCSs
• Parents of USC’s over 21

Question 3

What are the two pathways for gaining permanent residence and what is the main difference?

Answer 3

• adjustment of status (in US)

- Consular processing / IVP (outside US)

Question 4

What are the main differences between having residency and having citizenship?

Answer 4

• Residency can be revoked (stay outside US too long, criminal history)
• Residency must be renewed
• LPRs cannot vote

Question 5

Who can file an I-130 petition?

Answer 5

• Qualifying USC/LPR family members

- Abused relatives can “self-petition” (VAWA)

Question 6

What are some common admissibility issues?

Answer 6

• Public charge (rely on public benefits)
• Crimes (CIMTs, controlled substance violations, etc)
• Previously deported
• Unlawful presence
• More than one unlawful entry

Question 7

What do you generally have to show to qualify for a waiver of inadmissibility?

Answer 7

Hardship to USC or LPR spouse or parent

Question 8

Who generally qualifies for a VAWA petition?

Answer 8

• Marriage to USC/LPR abuser
• shared residence with abuser
• extreme cruelty or battery by abuser

Question 9

Who generally qualifies for a U-visa?

Answer 9

• Victims of a qualifying crime committed in the US that caused harm
• has information about the crime and is helpful in the investigation

Question 10

Who qualifies for asylum?

Answer 10

• Cannot return to country because of past persecution or fear of persecution
• due to race, religion, political opinion, nationality, or social group
• government is unable or unwilling to protect you
• must apply within 1 year of arrival (unless changed circumstances)

Question 11

Who generally qualifies for DACA?

Answer 11

• Came to US before 16th birthday
• Did not leave US
• Currently in school or completed HS, GED, honorably discharged veteran
• No felonies or significant misdemeanor

Question 12

What can DACA recipients not do that permanent residents can?

Answer 12

• Cannot leave the US

- Cannot apply for US citizenship

Question 13

How often must DACA status be renewed?

Answer 13

Every 2 years

Question 14

A client calls your law office and explains they fled Somalia after being beaten for practicing their religion. Knowing only these facts, what immigration benefit(s) might they be eligible for?

Answer 14

Asylum

Question 15

A client calls your law office and tells you they were abused by their USC husband and ran away after they filed a police report regarding the abuse. With only these facts, what immigration benefit(s) might they qualify for?

Answer 15

• VAWA

- U-visa

Question 16

A client calls the office and tells you they have had their green card for 9 years. What other immigration benefit might they be eligible for?

Answer 16

Citizenship

Question 17

A client calls your office and tells you that they fled El Salvador after they were threatened by the MS-13 gang for not paying the gang’s tax on local shops. They arrived in the US two years ago. They tell you they want to apply for asylum. What, if any, concerns do you see for an asylum claim?

Answer 17

• there is not a clear social group for which they were persecuted
• it is unclear how they were persecuted
• they did not apply within 1 year of arrival
• purely gang-based claims are rarely recognized for asylum

Question 18

What is the main different between refugee status and asylum?

Answer 18

• refugee status: granted before arriving in US

- Asylum status: granted after arriving in US, apply while in the US

Question 19

What are the requirements to be able to obtain residency without leaving the US (adjustment of status)?

Answer 19

• In US
• Lawful entry
• Visa available