Immigration becomes Law Flashcards
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.
This includes any type of residency: Temporary, permanent and also for the purpose of citizenship.
U.S. Constitution
Under the U.S. Constitution, the President and Congress have authority over immigration law and policy.
Executive, Homeland Security [ICE, USCIS, USCPB]
Congress is the legislative branch with the primary function of creating laws. House Senate, U.S. Immigration Law
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
Judicial Branch
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
Standard Petition without any complications, the following document’s cane be prepared by yourself or with the help of an immigrations Forms Specialist
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 )
Avoid the Unauthorized Practice of Law
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.
Only a licensed immigration lawyer is authorized to that!
Providing Legal Advice
An agreement regarding a legal matter
Telling someone what to do
Providing Guidance
Pointing out information in an official document or website.
Showing someone how to do something.
Immigration Form Specialist ( IFS )
You may prepare and submit petitions to USCIS. For straightforward cases, many immigrants seek the services of an Immigration Forms Specialist
IFS / Allowed to do
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
IFS / Not allowed to do
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
Red Flags
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.
Red Flags Topic and example
Detained Persons - Petitioner/Applicant has been detained by U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection
Asylum Seekers
Petitioner/Applicant is requesting asylum
Removal Procedure
Petitioner/Applicant is currently under, or has previously been under, removal ( formerly deportation) procedures.
Criminal History
Petitioner/Applicant has a criminal history in the U.S. or abroad
Entries without Inspection
Petitioner/Applicant is currently in the U.S., or previously entered the U.S., without inspection or proper documentation.
Previous Denials in the U.S. or abroad
Petitioner/Applicant was previously denied a petition by USCIS
Possible Immigration Fraud
Petitioner/Applicant presents to you (or admits using) fraudulent identity or immigration documents
Visa or Status Violations
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.
Primary Forms
Form I-130, Family Petitions
Form I-485, Adjustments of Status
Form N-400, Naturalization
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
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
Supporting Documents for Forms
Financial Records, Vital Records, Affidavits/Declarations of Support,Valid ID Documents, Sponsor Requirements, FOIA Reports
Types of Visas and Intention
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
