Immigration Law - Immigration Law week 9 Adjustment of...

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Immigration Law – week 9 Adjustment of status – the process of going from nonimmigrant to immigrant while in the US Lawful Permanent Residency Being accorded permanent residency in the US Have to manifest an intention to make the US their residency The residency is manifested by intent of individual to reside permanently in the US Not necessarily permanent o Can abandon – no longer has the intent to make US permanent residency. Outside of US for long periods of time Lawful Permanent Residence manifested by the “Green Card” o Contains: Photo Thumbprint Alien number Given by Dep. of Homeland Security. Only give to immigrants and those in removal proceedings It’s white A person who has a green card is a lawful permanent resident of the US o Right to live in US o Right to open employment o Status does not confer: Citizenship Right to vote in US Automatic entry into the US – must be inspected 1 st Ways to obtain benefits of Lawful Permanent Residency o Almost always a 2 step process o Family Based Immigration o Employment Based Immigration o Successful candidates of diversity lottery system o Refugee/aslyee status o Registry Program o Cancellation of removal – 1 st step in applying for these people o Special Immigrants o Persons receiving lawful permanent residency through legalization program and agricultural program Focusing on Family based and Employment based immigration Almost always a 2 step process Almost always a petitioner and beneficiary
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Family Based o Close family members who are citizens or lawful permanent residents can petition for close family members o Close family members are: Husband/Wife Parents Sons and Daughters over 21 Children Under 21 Siblings o The higher the status of petitioner (citizen vs. lawful permanent resident) and the closer the family relationship – the shorter the wait for lawful permanent residency o
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