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Bans on Re-Entry



As criminal defense lawyers, we are primarily focused on what types of criminal convictions can result in admissibility and an inability to return to the US with a lawful status. However for our undocumented clients, or clients that no longer have a lawful status, the length of time they have been in the United States without a lawful status can trigger bans on re-entry in the United States, even if after they leave, and they have a lawful way to return.  For example, many of our undocumented clients could qualify for a lawful status, such as permanent residency based on familial relationships to U.S. Citizens or lawful permanent residents. But, depending on their immigration history including periods of unlawful presence, they are banned from re-entering even with said relationship and are therefore inadmissible. Section 212(a)(9)(B) of the Immigration and Nationality Act (INA), imposes re-entry bars on immigrants who accrue “unlawful presence” in the United States, leave the country, and want to re-enter lawfully. Unlawful presence is accrued when a person entered the US without inspection (permission) and/or overstays a period of authorized admission. Waivers are available under certain circumstances. The Chart below serves as a quick-reference guide that explains the different types of bans on re-entry. This chart does not address other types of bans on re-entry that are conduct-based such as bans triggered by criminal convictions, immigration fraud, smuggling, and failing to appear in court for an immigration hearing.

Federal INA Statute

Length of Ban

Inadmissibility Trigger

Ban to Apply

Waivers Applicable

 

Section 212(a)(9)(B)(i)(I)

3 years

Beginning on April 1, 1997, an immigrant unlawfully present in the US for a continuous period of  more than 180 days but less than 1 year during a single stay, and then voluntarily leaves before the filling of immigration (removal) proceedings

Ban is triggered upon departure.Individual must have departed prior to the filing of a Notice to Appear (NTA) with the immigration court. The bar does not apply if accrued more than 180 days but less than 1 year of unlawful presence and leaves after the NTA is filed.  To avoid future inadmissibility must leave prior to accruing 1 year of unlawful presence because if not, 10 year ban below triggered

I-601 waiver[1] possible under INA 212(a)(9)(B)(v) [2]

 

Section 212(a)(9)(B)(i)(II)

10 years

Beginning on April 1, 1997, an immigrant unlawfully present in the US continuously  for 1 year or more, in a single stay, then voluntary leaves or has been removed

Ban is triggered upon departure. Ban applies whether a person leaves before, during or after removal proceedings, or simply departs voluntarily not under any formal proceedings.

I-601 waiver1 possible  under 212(a)(9)(B)(v)2

 

Section 212(a)(9)(C)(i)(I)

Permanent

Beginning on April 1, 1997, an immigrant unlawfully present in the US for an aggregate period[3] of more than 1 year[4] and who attempts to enter or re-enters the US w/o being admitted

Ban applies when a person attempts to enter or reenters without permission/inspection

I-212[5] application to request consent to reapply for admission  available after having been outside the U.S. for 10 years. (also there are possible exceptions under VAWA or for U status

 

Section 212(a)(9)(C)(i)(II)

Permanent

Beginning on April 1, 1997, an immigrant who has been ordered removed under section 235(b)(1), section 240, or any other provision of law, and who enters or attempts to reenter the US without being admitted.

.

Ban applies when a person attempts to enter or reenters without permission/inspection

I-212 application to request consent to reapply for admission available after having been outside the U.S. for 10 years (also there are possible exceptions under VAWA or for U status)

 

 



[1] the elements of the I-601 waiver: (1) show extreme hardship to qualifying US citizen or LPR spouse or parent if denied waiver; (2) warrants favorable exercise of discretion

[3]Aggregate period” means the total number of days of unlawful presence that you accumulated during all of your stays in the United States combined.

[4] Unlawful presence is counted in the aggregate (multiple stays add up to more than 1 year)

[5] INA 212(a)(9)(C)(ii)

ICE Hold Requests



For our non-citizen clients, spending even a single day in jail can trigger severe immigration consequences. That’s because several county jails in Wisconsin cooperate with Immigration Customs Enforcement (ICE) hold requests. What this means is that when a person is set to leave criminal custody, they are held for ICE so that ICE can detain them and place them in immigration custody. Knowing whether your county jail cooperates with ICE is critical in providing good advice on immigration consequences.  If you know your client is likely to be transferred to Ice custody, you can help them prepare by giving them “Know your rights” pamphlets and information on how to contact an immigration lawyer. Below is a chart that explains which county jails cooperate with ICE detainer (hold) request.   If this information changes, please let your Immigration Practice Coordinator know so we can update the chart.

 

 

County

Associated SPD Location

Cooperates with ICE Detainer Requests

Confirmed by:

Adams

Stevens Point

Yes

Cindy--Jail Administrator

Ashland

Ashland

Yes

Jail Admin Jones

Barron

Barron

Yes

Sgt Robel

Bayfield

Ashland

Yes

Capt. Kathleen Haiden

Brown

Green Bay

Yes

Scott Friman--Jail Front Desk

Buffalo

Eau Claire

Yes

Will-- Jail and Dispatch

Burnett

Spooner

No

Amy-- Jail and Dispatch

Calumet

Manitowoc

Yes

Kyle Banks -- Jail and Dispatch

Chippewa

Eau Claire

Yes

Dept. Berg

Clark

Black River Falls

No

Lacey-- Jail Deputy

Columbia

Portage

Yes

Rebecca--Jailer

Crawford

Lancaster

Yes

Emily -- Jail Front Desk

Dane

Madison

Honored only if have multiple charges--if 1st then no

Jake -- Records dept

Dodge

Juneau

Yes

Confirmed through news

Door

Green Bay

Yes

Chelsea--Jail Admin Assistant

Douglas

Superior

Yes

Sgt Zimmerman

Dunn

Hudson

Yes

Helen--Corrections Officer

Eau Claire

Eau Claire

Yes

Sgt. Otto

Florence

Rhinelander

Yes

Michael Chapman--Corrections Officer

Fond Du Lac

Fond Du Lac

Yes

Sgt. Penn

Forest

Rhinelander

No

Jail Admin Josh Bradley

Grant

Lancaster

Yes

Blake--Jail Admin Assistant

Green

Monroe

Yes

Paul Weichbaod--Sheriff Admin

Green Lake

Fond Du Lac

No

Sgt. Kosher

Iowa

Lancaster

Yes

Pam--Jail Admin

Iron

Ashland

No

Donna -- Jail Dispatcher

Jackson

Black River Falls

Yes

Confirmed through SPD Survey

Jefferson

Jefferson

Yes

Confirmed through SPD Survey

Juneau

Baraboo

Yes

Confirmed through SPD Survey

Kenosha

Kenosha

Yes

Confirmed through news

Kewaunee

Green Bay

Yes

Dept. Jandrin

La Crosse

La Crosse

Yes

Sandy--Jail Admin Assistant

Lafayette

Monroe

Yes

Deputy Gill

Langlade

Merrill

Yes

Jay Schwartz -- Corrections Officer

Lincoln

Merrill

Yes

Confirmed through SPD Survey

Manitowoc

Manitowoc

Yes

Confirmed through SPD Survey

Marathon

Wausau

Yes

Confirmed through SPD Survey

Marinette

Peshtigo

Yes

Confirmed through SPD Survey

Marquette

Baraboo

Yes

Deputy Gardner

Menominee

Shawano

Yes (jail shared with Shawano county same policy)

County Clerk's Office

Milwaukee

Milwaukee

No unless there is a judicial warrant

Local news sources

Monroe

Sparta

Yes

Confirmed through SPD Survey

Onconto

Peshtigo

No

Sgt. Rosenfeldt

Oneida

Rhinelander

Yes -- but only if issued judicial warrant

Mrs. Schmidtz in Jail Booking

Outagamie

Appleton

Yes

Confirmed through SPD Survey

Ozaukee

West Bend

Yes

Dept. Reel

Pepin

Eau Claire

Yes

Don -- Jail Admin Assistant

Pierce

Hudson

Yes

Steve Albarado -- Jail Admin's Office

Polk

Hudson

Yes -- but only if issued judicial warrant

Rob Drew - Jail Admin's Office

Portage

Stevens Point

Yes

Confirmed through SPD Survey

Price

Merrill

Have tried to contact multiple times have not gotten solid answer

 

Racine

Racine

Yes

Kayla--Jail Front Desk

Richland

Lancaster

Yes

Brittney -- Jail Admin's Office

Rock

Janesville

Yes

Confirmed through SPD Survey

Rusk

Rice Lake

Yes

Jane -- Jail's Office

Saint Croix

Hudson

Yes

Sheila Kingsbury -- Jail Admin's Office

Sauk

Baraboo

Yes -- but only if issued judicial warrant

Deputy Elson

Shawano

Shawano

Yes -- but only if issued judicial warrant

Sgt. Ninham

Sawyer

Spooner

Yes

Dept. Donna Thompson

Sheboygan

Sheboygan

Yes

Officer Joel Harelink

Taylor

Merrill

Yes

Officer Scoles (Jail)

Trempealeau

Black River Falls

Yes

Megan-- CO

Vernon

La Crosse

Yes

CO Veronica Hoiland

Vilas

Rhinelander

Yes

Officer in Jail Admin

Walworth

Elkhorn

Yes

Superintendent Steve Sax

Washburn

Spooner

Yes

Confirmed through SPD Survey

Washington

West Bend

Yes

Officer Bryant

Waukesha

Waukesha

Yes

Cheryl -- Intake Clerk

Waupaca

Stevens Point

Yes

Sgt. Krueger

Waushara

Oshkosh

Yes

Officer Kashubaski

Winnebago

Oshkosh

Yes

Confirmed through SPD Survey

Wood

Stevens Point

Yes

Officer Wunrow-- Jail Court Officer

 

FORMS OF RELIEF

Cancellation of Removal

Cancellation of removal is a form of relief from a deportation order or removal order, it is often brought forth when one is facing deportation and or removal order to stop the deportation process so that the person can remain in the US:

A person may qualify for Cancellation of Removal if they:

  • Have been a lawfully admitted permanent residence for not less than 5 years
  • Have resided in the US continuously for 7 years after having been admitted in any status and,
  • Have not been convicted of any aggravated felony

OR

  • Have been physically present in the US for a continuous period of not less than 10 years immediately preceding the date of such application;
  • Are a person of good moral character during such period
  • Have not been convicted of an Aggravated Felony
  • Establishes that removal would result in exceptional and extremely unusual hardship to the aliens spouse, parent, or child, who is a US citizen or LPR.

 

Adjustment of Status

Adjustment of Status is a request to immigration as a way of obtaining permanent residency in the United States instead of having to file abroad at a United States Embassy or Consulate

TYPES OF IMMIGRATION STATUSES

Naturalized Citizen: Citizenship with no conditions on residency. To become a naturalized US Citizen, a non-citizen must:
    • Be 18 years of age;
    • Be lawfully admitted as a permanent residence (LPR);
    • Have resided continuously in the United States for five years (or three years if married to a U.S. citizen) after being admitted for LPR status and been physically present in the U.S. at least half time during the five years prior to filing the application for citizenship;
    • Be of good moral character; and
    • Support the Constitution and be disposed to the good order and happiness of the U.S.
  • Lawful Permanent Resident (LPR): Permanent residency status allows a non-citizen to reside and work permanently in the United States. LPR’s are also known as green card holders. To be eligible for LPR status, the applicant must indicate an intention to reside permanently in the U.S. To become an LPR a non-citizen must petition after acquiring some other type of lawful immigration status such as a visa. Lawful permanent residents can be subject to removal after being convicted of certain criminal acts.
  • Conditional Permanent Residents: Include non-citizens’ spouses and their children who applied for LPR status based on a qualifying marriage to a LPR or a citizen. The conditional status expires on the second anniversary of obtaining conditional status unless the alien and his or her spouse have jointly applied for lawful permanent resident status prior to that time.
  • Family Sponsored Immigrant Visas: About 80% of all legal immigration into the US is through some type of family visa.
    • Immediate relatives of a U.S. Citizen, including a non-citizen spouse, unmarried minor child, or parent if citizen is 21 or older, are not subject to numerical limitation. The alien spouse or minor child will be a conditional immigrant if marriage is entered into less than 24 months prior to the date that the visa is obtained. The following family-sponsored visas are subject to numerical limitations and are given the following orders of preference.
    • Preference Level 1.: US Citizen’s unmarried son or daughter not a child. Preference level 2: Lawful permanent resident’s spouse, unmarried child, or unmarried son or daughter who is not a child.
    • Preference Level 3: US Citizen’s married son or daughter.
    • Preference level 4: US Citizen’s alien brother or sister. A lawful permanent resident’s spouse or unmarried minor child not otherwise entitled to a visa is entitled to the same status as the petitioning lawful permanent resident if accompanying or following to join the spouse or parent.
  • Special Immigrant Juvenile Status (SIJ): A person under the age of 21 may apply for Special Immigrant Juvenile status if he or she meets the following conditions if all of the following is found by the immigration court:
    • That the juvenile is dependent on the court or placed in the custody of an agency or department of a state or an individual or entity appointed by the state or a juvenile court located in the United States;  
    • That reunification of the juvenile with one or both parents is not viable due to abuse, neglect, or abandonment or a similar basis under state law; and
    • That there is an administrative or judicial finding that it would not be in the best interest of the juvenile to be returned to the juvenile’s or parent’s previous country of nationality or country of last habitual residence.
  • Violence Against Women Act (VAWA) Petitioner: A non-citizen married to a citizen or LPR or a child of the alien may self-petition for LPR status without the cooperation of the citizen or LPR spouse or parent if:
    • The spouse or child has been battered or subjected to extreme cruelty by citizen or lawful permanent resident spouse;
    • The act or threatened act was one of extreme cruelty, including physical violence, sexual abuse, forced detention, or psychological abuse against the petitioner or petitioner’s child by the spouse during the marriage;
    • The marriage is legal and in good faith;
    • The petitioner is not the primary perpetrator of the violence; and
    • The petitioner is of good moral character
  • Refugee/Asylee: Individuals seeking this status must meet the following basic conditions for consideration:
    • The individual has a well-founded fear of persecution on the basis of race, religion, nationality, membership in a particular social group, or political opinion if returned to the home country or country of last permanent residence.
    • The individual is not a security risk or perpetrator of persecution.
    • The individual has not committed certain categories of crimes.

A person in the United States must generally apply for asylum within one year of admission. Once admitted the alien will be allowed to stay in the U.S. as long as expulsion from the U.S. would put them at a safety risk, unless he or she meets one of the grounds for loss of status listed below.

      • The individual is able to safely return to the home country or move to another country.
      • The individual no longer meets the requirements of eligibility.
      • The individual has participated in persecution.
      • The individual presents a security risk.
      • The individual has been convicted of a serious crime, including conviction of an aggravated felony. A spouse or child of an alien admitted as a refugee/asylee is admissible if “accompanying or following to join” the refugee/asylee.
      • The spouse or child cannot precede the refugee/asylee. An alien granted refugee/asylee status may apply for LPR status after one year.
      • The alien must be admissible, or the Attorney General may waive the grounds for inadmissibility, with some exceptions, for humanitarian purposes or to preserve family unity.
    • Non-Immigrant Temporary Visa: The law provides for a variety of categories of aliens that are eligible for visas to legally enter the United States on a temporary basis for a limited period of time. These visa holders are classified as non-immigrants because they do not plan to permanently reside in the United States. Types of applicants include vacationers, students, certain classes of temporary workers, and a variety of specialized categories. The authorized length of stay is specified in the visa.
  • Special Visas:
    • Religious Workers
    • Panama Canal Company or Canal Zone Government Employees
    • International Organization Employees or Family Member
    • Broadcaster
    • Physician National Interest Waiver
    • Juvenile Court Dependents
    • Armed Forces Members
    • Afghan or Iraqi nationals who supported the U.S. Armed Forces as translators
    • Iraqi nationals who worked for or on behalf of the U.S. Government in Iraq
    • Diversity Visa Winners
  • Victims of Trafficking (T-Visas): The T visa is a non-immigrant visa available for individuals who have been the victims of trafficking in persons if the person:
    • Is or has been the victim of a severe form of trafficking of persons;
    • Is physically present in the United States or its territories as a result of the trafficking;
    • Is complying with any reasonable request for assistance in the investigation or prosecution of traffickers, or is unable to comply with such request due to physical or psychological trauma, or is under 18 years of age; and
    • Would suffer extreme hardship
  • Crime Victims and Witnesses (U-Visas): The U-Visa is a non-immigrant visa available to individuals who are in the U.S. as undocumented but meet the following requirements:
    • The individual has suffered severe physical or mental abuse as a result of being a victim of criminal activity.
    • The individual has been, is being, or is likely to be of help to a Federal, state, or local investigation of the criminal activity causing the abuse.
    • The individual has certification from a Federal, state, or local judge, prosecutor, law enforcement officer, or other justice system official involved in prosecuting the criminal activity that he or she has been, is being, or is likely to be of help to a Federal, state, or local investigation of the criminal activity causing the abuse.

The rights of the U visa holder include the following.

    • The maximum length of the U-Visa is four years unless extended.
    • The U-Visa holder may apply for any other immigration benefit or status for which he or she is eligible.
    • The holder of a U-Visa is eligible to apply for lawful permanent resident status with three years of continuous residence.
  • Deferred Action for Early Childhood Arrivals (DACA): Type of special work permit available to individuals who entered the US at a young age as undocumented. Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order. To qualify for DACA the individual must have:
    • Been under the age of 31 as of June 15, 2012;
    • Came to the United States before reaching their 16th birthday;
    • Continuously resided in the United States since June 15, 2007, up to the present time;
    • Been physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
    • Had no lawful status on June 15, 2012;
    • Been currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
    • Not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

*Please note that the state of DACA is currently in flux and subject to change.


Source: http://www.sji.gov/wp/wp-content/uploads/Immigration-Status-4-1-13.pdf



TYPES OF IMMIGRATION STATUSES


  • Naturalized Citizen: Citizenship with no conditions on residency. To become a naturalized US Citizen, a non-citizen must:
    • Be 18 years of age;
    • Be lawfully admitted as a permanent residence (LPR);
    • Have resided continuously in the United States for five years (or three years if married to a U.S. citizen) after being admitted for LPR status and been physically present in the U.S. at least half time during the five years prior to filing the application for citizenship;
    • Be of good moral character; and
    • Support the Constitution and be disposed to the good order and happiness of the U.S.
  • Lawful Permanent Resident (LPR): Permanent residency status allows a non-citizen to reside and work permanently in the United States. LPR’s are also known as green card holders. To be eligible for LPR status, the applicant must indicate an intention to reside permanently in the U.S. To become an LPR a non-citizen must petition after acquiring some other type of lawful immigration status such as a visa. Lawful permanent residents can be subject to removal after being convicted of certain criminal acts.
  • Conditional Permanent Residents: Include non-citizens’ spouses and their children who applied for LPR status based on a qualifying marriage to a LPR or a citizen. The conditional status expires on the second anniversary of obtaining conditional status unless the alien and his or her spouse have jointly applied for lawful permanent resident status prior to that time.
  • Family Sponsored Immigrant Visas: About 80% of all legal immigration into the US is through some type of family visa.
    • Immediate relatives of a U.S. Citizen, including a non-citizen spouse, unmarried minor child, or parent if citizen is 21 or older, are not subject to numerical limitation. The alien spouse or minor child will be a conditional immigrant if marriage is entered into less than 24 months prior to the date that the visa is obtained. The following family-sponsored visas are subject to numerical limitations and are given the following orders of preference.
    • Preference Level 1.: US Citizen’s unmarried son or daughter not a child. Preference level 2: Lawful permanent resident’s spouse, unmarried child, or unmarried son or daughter who is not a child.
    • Preference Level 3: US Citizen’s married son or daughter.
    • Preference level 4: US Citizen’s alien brother or sister. A lawful permanent resident’s spouse or unmarried minor child not otherwise entitled to a visa is entitled to the same status as the petitioning lawful permanent resident if accompanying or following to join the spouse or parent.
  • Special Immigrant Juvenile Status (SIJ): A person under the age of 21 may apply for Special Immigrant Juvenile status if he or she meets the following conditions if all of the following is found by the immigration court:
    • That the juvenile is dependent on the court or placed in the custody of an agency or department of a state or an individual or entity appointed by the state or a juvenile court located in the United States;  
    • That reunification of the juvenile with one or both parents is not viable due to abuse, neglect, or abandonment or a similar basis under state law; and
    • That there is an administrative or judicial finding that it would not be in the best interest of the juvenile to be returned to the juvenile’s or parent’s previous country of nationality or country of last habitual residence.
  • Violence Against Women Act (VAWA) Petitioner: A non-citizen married to a citizen or LPR or a child of the alien may self-petition for LPR status without the cooperation of the citizen or LPR spouse or parent if:
    • The spouse or child has been battered or subjected to extreme cruelty by citizen or lawful permanent resident spouse;
    • The act or threatened act was one of extreme cruelty, including physical violence, sexual abuse, forced detention, or psychological abuse against the petitioner or petitioner’s child by the spouse during the marriage;
    • The marriage is legal and in good faith;
    • The petitioner is not the primary perpetrator of the violence; and
    • The petitioner is of good moral character
  • Refugee/Asylee: Individuals seeking this status must meet the following basic conditions for consideration:
    • The individual has a well-founded fear of persecution on the basis of race, religion, nationality, membership in a particular social group, or political opinion if returned to the home country or country of last permanent residence.
    • The individual is not a security risk or perpetrator of persecution.
    • The individual has not committed certain categories of crimes.

A person in the United States must generally apply for asylum within one year of admission. Once admitted the alien will be allowed to stay in the U.S. as long as expulsion from the U.S. would put them at a safety risk, unless he or she meets one of the grounds for loss of status listed below.

      • The individual is able to safely return to the home country or move to another country.
      • The individual no longer meets the requirements of eligibility.
      • The individual has participated in persecution.
      • The individual presents a security risk.
      • The individual has been convicted of a serious crime, including conviction of an aggravated felony. A spouse or child of an alien admitted as a refugee/asylee is admissible if “accompanying or following to join” the refugee/asylee.
      • The spouse or child cannot precede the refugee/asylee. An alien granted refugee/asylee status may apply for LPR status after one year.
      • The alien must be admissible, or the Attorney General may waive the grounds for inadmissibility, with some exceptions, for humanitarian purposes or to preserve family unity.
    • Non-Immigrant Temporary Visa: The law provides for a variety of categories of aliens that are eligible for visas to legally enter the United States on a temporary basis for a limited period of time. These visa holders are classified as non-immigrants because they do not plan to permanently reside in the United States. Types of applicants include vacationers, students, certain classes of temporary workers, and a variety of specialized categories. The authorized length of stay is specified in the visa.
  • Special Visas:
    • Religious Workers
    • Panama Canal Company or Canal Zone Government Employees
    • International Organization Employees or Family Member
    • Broadcaster
    • Physician National Interest Waiver
    • Juvenile Court Dependents
    • Armed Forces Members
    • Afghan or Iraqi nationals who supported the U.S. Armed Forces as translators
    • Iraqi nationals who worked for or on behalf of the U.S. Government in Iraq
    • Diversity Visa Winners
  • Victims of Trafficking (T-Visas): The T visa is a non-immigrant visa available for individuals who have been the victims of trafficking in persons if the person:
    • Is or has been the victim of a severe form of trafficking of persons;
    • Is physically present in the United States or its territories as a result of the trafficking;
    • Is complying with any reasonable request for assistance in the investigation or prosecution of traffickers, or is unable to comply with such request due to physical or psychological trauma, or is under 18 years of age; and
    • Would suffer extreme hardship
  • Crime Victims and Witnesses (U-Visas): The U-Visa is a non-immigrant visa available to individuals who are in the U.S. as undocumented but meet the following requirements:
    • The individual has suffered severe physical or mental abuse as a result of being a victim of criminal activity.
    • The individual has been, is being, or is likely to be of help to a Federal, state, or local investigation of the criminal activity causing the abuse.
    • The individual has certification from a Federal, state, or local judge, prosecutor, law enforcement officer, or other justice system official involved in prosecuting the criminal activity that he or she has been, is being, or is likely to be of help to a Federal, state, or local investigation of the criminal activity causing the abuse.

The rights of the U visa holder include the following.

    • The maximum length of the U-Visa is four years unless extended.
    • The U-Visa holder may apply for any other immigration benefit or status for which he or she is eligible.
    • The holder of a U-Visa is eligible to apply for lawful permanent resident status with three years of continuous residence.
  • Deferred Action for Early Childhood Arrivals (DACA): Type of special work permit available to individuals who entered the US at a young age as undocumented. Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must also be at least 15 years or older to request DACA, unless you are currently in removal proceedings or have a final removal or voluntary departure order. To qualify for DACA the individual must have:
    • Been under the age of 31 as of June 15, 2012;
    • Came to the United States before reaching their 16th birthday;
    • Continuously resided in the United States since June 15, 2007, up to the present time;
    • Been physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
    • Had no lawful status on June 15, 2012;
    • Been currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
    • Not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

*Please note that the state of DACA is currently in flux and subject to change.


Source: http://www.sji.gov/wp/wp-content/uploads/Immigration-Status-4-1-13.pdf
Training Materials
Training Materials

IMMIGRATION PRACTICE GROUP QUESTIONNAIRE

Please use this form to submit a request for an immigration analysis for your non-citizen client to the Immigration Practice Group Coordinators. We will return an analysis to you within two weeks unless otherwise note on the form. 

CLICK HERE

OVERVIEW & KEY TERMS

  • Crime Involving Moral Turpitude: Vaguely defined as a depraved or immoral act, or a violation of the basic duties owed to fellow man, or recently as a “reprehensible act” with a mens rea of at least recklessness. Matter of Silva-Trevino, 24 I&N Dec. 687 (AG 2008). Traditionally a CIMT involves intent to commit fraud, commit theft with intent to permanently deprive the owner, or inflict great bodily harm, as well as some reckless or malicious offenses and some offenses with lewd intent.
  • Aggravated Felony: Those types of criminal offenses that carry the most severe consequences in immigration court. A conviction for an Aggravated Felony will stripe the immigration court of the ability to grant any discretionary relief. See the Offenses tab for a listing of Aggravated Felonies.
  • Deportable: Any non-citizen currently present in the US without lawful status is deportable. A non-citizen may become deportable if conviction of certain criminal offenses. See the Offenses table for a listing of Deportable offenses.
  • Inadmissible: Individuals who are inadmissible are not permitted by law to enter or remain in the US. The Immigration and Nationality Act sets forth grounds for inadmissibility. For certain grounds of inadmissibility, it may be possible for a person to obtain a waiver of that inadmissibility. In some cases, exceptions are written into the law and no waiver is required if the exception is met.
  • Cancellation of Removal: A form of relief available to non-citizens who have been placed in removal proceedings. There are different criteria for eligibility depending on an individual’s immigration status. Individuals who are convicted of Aggravated Felonies are not eligible for this form of relief.
  • Adjustment of Status: The process that you can use to apply for LPR status when you are already present in the United States. It provides an avenue for individuals to obtain a Green Card without returning to their home country for visa processing.
  • Detainer: An immigration detainer or immigration hold is a tool used by US Immigration and Customs Enforcement (ICE) and other Department of Homeland Security (DHS) officials when the agency identifies potentially deportable individuals who are held in jails or prisons across the nation. Detainers can be issued by an authorized immigration official or local police officer designated to act as an immigration official. Detainers instruct the detaining facility to hold individuals for up to 48 business hours beyond the time they otherwise would have been released. Detainers are only requests made by ICE; compliance is voluntary. The detaining facility does have the discretion not to comply with the request. In order for an immigration official to issue a detainer they must have probable cause that the person is deportable.