charts immigration_law - Lizzie Brady Immigration Law...

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Lizzie Brady Immigration Law & Procedure Fall 2002 IMMIGRANT CATEGORIES The Fundamentals: Quotas and Preferences In General Subjective intent: Presumption of immigration; burden on alien to show that she won’t stay No judicial review of consular decisions, e.g., denial of visa Two aspects to immigration visa o Quantitative: Quotas – INA § 202 o Qualitative: Reasons why person can be denied – INA § 212 Waivers available if certain relatives in U.S. and hardship demonstrated to those relatives; high burden Essential terms: o Petitioner: U.S. citizen o Beneficiary: Individual seeking resident status or visa o Chargeability: Country of birth o Derivative status: derivative is a dependent of beneficiary Immediate relatives do not have derivatives Quantitative Non-quota: immediate relative (parent, spouse, child) Quota: limit as per Visa Bulletin o Worldwide cap o Per-country cap o Preference category within these caps Immigrants Exempt from the General Quotas Immediate relatives o Spouses, parents and children of USC, except citizen son or daughter must be at least 21. INA § 201(b)(2) (A)(i) o “Child” = unmarried and under 21. INA § 101(b)(1) LPRs returning from temporary visits abroad. INA § 101(a)(27)(A), 201(b)(1)(A) o Either exempt at time of original admission or already counted once before Certain former US citizens. INA § 101(a)(27)(B) Children born to LPRs temporarily abroad. INA § 201(b)(2)(B) Persons who receive certain permanent forms of discretionary relief from removal. INA § 201(b)(2)(B) People fleeing persecution. INA § 201(b)(1)(B) Parolees as per discretion of AG. INA § 212(d)(5) o Grant of parole is not considered an admission Special groups ad hoc on a nonquota basis, as determined by Congress. INA § 201(b)(1)(C) o Issuance of limited number of additional immigrant visas on a one-shot basis to nationals of underrepresented countries o Congress has also occasionally awarded LPR status on a nonquota basis to groups of people who arrive from selected countries as part of an unusual migration; one-time-only statutes o Temporary legislation enacted to allow certain nurses already working in US on nonimmigrant visas to adjust to LPR without regard to usual numerical caps Immigrants Subject to the General Quotas Programs and Ceilings 1. Family-sponsored immigrants Generally immigrants who have certain family members in the US Qualifying categories listed in INA § 203(a) 1
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Formula: 480,000 minus # of immediate relatives admitted in preceding year, plus any employment-based visas available but not used preceding year. Ceiling must always be at least 226,000 (so this is really the floor). INA § 201(c) Formula result of Immigration Act of 1990 Number of immediate relatives is deducted for the supply available during next fiscal year to other family members of US citizens and LPRs 2. Employment-based immigrants Certain occupational skills, certain investors, and misc others. INA § 203(b)
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