Immigration becomes Law

Question 1

In the United States, immigration laws are federal laws,I not local or state, that refer to any government policy that controls the arrival, stay, enforcement and removal of foreign nationals in the U. S. and its territories.

Answer 1

This includes any type of residency: Temporary, permanent and also for the purpose of citizenship.

Question 2

U.S. Constitution

Answer 2

Under the U.S. Constitution, the President and Congress have authority over immigration law and policy.
Executive, Homeland Security [ICE, USCIS, USCPB]

Question 3

Congress is the legislative branch with the primary function of creating laws. House Senate, U.S. Immigration Law

Answer 3

The U.S President may use various actions, such as Executive Orders and presidential, agency or interagency memos, to direct the work of federal agencies regarding immigration law and policies and otherwise implements and enforces U.S. immigration laws created by Congress

Question 4

Judicial Branch

Answer 4

It is the judicial branch-the courts and legal system-that ultimately determines if an immigrant law or ruling is valid and based in accordance with the U. S. Constitution.
Immigration Court, Board of Immigration Appeals, Federal Courts

Question 5

Standard Petition without any complications, the following document’s cane be prepared by yourself or with the help of an immigrations Forms Specialist

Answer 5

Forms: Ar-11 (Change of address card)
Form: G-639 ( Freedom of Information Act Request)
Form: I-129F ( Petition for Alien Fiancée )
Form: I-130 ( Petition for Alien Relative)
Form: I-131: ( Application for Travel )
Form: I-485 ( Adjustment of Status )
Form: I-693 ( Report of Medical Examination )
Form: I-751 ( Remove Condition of Residence )
Form: I-765 ( Employment Authorization )
Form: I-864 ( Affidavit of Support )
Form: I-90 ( Replace Permanent Resident Card )
Form: I-912 (Request for Fee Waiver)
Form: I-94 ( Arrival Departure Forms )
Form: N-400 ( Naturalization )

Question 6

Avoid the Unauthorized Practice of Law

Answer 6

If you plan to offer immigration services as part of your business, it’s very important to understand that you cannot give legal advice, or provide legal services, on immigration matters.

Question 7

Only a licensed immigration lawyer is authorized to that!
Providing Legal Advice

Answer 7

An agreement regarding a legal matter
Telling someone what to do

Question 8

Providing Guidance

Answer 8

Pointing out information in an official document or website.
Showing someone how to do something.

Question 9

Immigration Form Specialist ( IFS )

Answer 9

You may prepare and submit petitions to USCIS. For straightforward cases, many immigrants seek the services of an Immigration Forms Specialist

Question 10

IFS / Allowed to do

Answer 10

Translate
Enter data on immigration forms
Secure supporting documentation
Apply for background checks
Assemble and submit completed application packages
Show Clients where to find answers to their question in instructions sheets or on the USCIS website
Provide referrals to other services of professionals

Question 11

IFS / Not allowed to do

Answer 11

Advise a person on how to answer questions of forms
Give opinions
Select forms for the customer
Offer legal advice
Discuss legal strategies
Answer question of any legal nature
Appear in court or USCIS interviews on a clients’ behalf
(except as a translator)
Make referrals for a fee

Question 12

Red Flags

Answer 12

When a background documentation request is returned with multiple blank sections or pages.
When a person has overstayed an authorized period or violated any terms and conditions of her immigration status while in the U.S.

Question 13

Red Flags Topic and example

Answer 13

Detained Persons - Petitioner/Applicant has been detained by U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection

Question 14

Asylum Seekers

Answer 14

Petitioner/Applicant is requesting asylum

Question 15

Removal Procedure

Answer 15

Petitioner/Applicant is currently under, or has previously been under, removal ( formerly deportation) procedures.

Question 16

Criminal History

Answer 16

Petitioner/Applicant has a criminal history in the U.S. or abroad

Question 17

Entries without Inspection

Answer 17

Petitioner/Applicant is currently in the U.S., or previously entered the U.S., without inspection or proper documentation.

Question 18

Previous Denials in the U.S. or abroad

Answer 18

Petitioner/Applicant was previously denied a petition by USCIS

Question 19

Possible Immigration Fraud

Answer 19

Petitioner/Applicant presents to you (or admits using) fraudulent identity or immigration documents

Question 20

Visa or Status Violations

Answer 20

Petitioner/Applicant overstayed their Visa or permit, has had a visa refused or denied by the U.s. Department of State or any U.S. Embassy or Consulate abroad.

Question 21

Primary Forms

Answer 21

Form I-130, Family Petitions
Form I-485, Adjustments of Status
Form N-400, Naturalization

Question 22

These forms represent some of the common and important immigration pahways and procedures towards U.S lawful permanent residency and citizenship. Each of these pathways involves special application requirements, conditions and steps that must be taken precisely as instructed by the USCIS

Answer 22

Most USCIS forms equired supporting documents to be included along with the form submission. Therefore, it’s imperative to fully understand how to obtain and assemble the necessary documents along with properly filing out the forms

Question 23

Supporting Documents for Forms

Answer 23

Financial Records, Vital Records, Affidavits/Declarations of Support,Valid ID Documents, Sponsor Requirements, FOIA Reports

Question 24

Types of Visas and Intention

Answer 24

Any Citizen of a foreign country that is not a U.S. citizen or a permanent resident must usually possess a valid U.S. visa in order to enter the United States

Question 25

Types of Visas and Intention

Answer 25

Visas must be obtained before traveling to the U.S. This is usually done at a U.S Consulate or Embassy in the foreign national’s country of origin or country of residence.

Question 26

Types of Visas and Intention

Answer 26

A visa communicate the visitor’s intention for entering the U.S., and determines the duration and purpose of the stay.

Question 27

Types of Visas and Intention

Answer 27

To further distinguish between reasons for entry, U.S. visas are divided into two major categories: Immigrant and nonimmigrant.

Question 28

Various Types of immigrant and nonimmigrant visas.

Answer 28

Each type has a unique set of requirements and conditions. Each visa type clarifies the reason of intent of the stay.

Question 29

Various Types of immigrant and nonimmigrant visas.

Answer 29

Obtaining a student visa establishes an intent to come to the U.S in order to go to school, which is completely different from, say, obtaining a tourist visa.

Question 30

Various Types of immigrant and nonimmigrant visas.

Answer 30

Obtaining a visa and lawfully entering the U.S., a valid status is established with the U.S. government. Possessing a valid visa and I-94 arrival registration means you are now “status”, and legally entitled to stay in the U.S. for the duration of the visa. This commonly referred to as an “authorized period of stay.”

Question 31

Various Types of immigrant and nonimmigrant visas.

Answer 31

Note that anyone who enters the U.S without a valid visa or overstays an authorized period of stay, is considered to be “out of status”. “OUT OF STATUS” and undocumented are not the same thing, but they are both illegal

Question 32

Immigrant Visas

Answer 32

Granted to foreign nationals who want to live permanently in the United States (Permanent Resident)

Question 33

Nonimmigrant Visas

Answer 33

Granted to foreign nationals who seek temporary entry to the united states for a specific purpose. ( Temporary Farm Workers)