IMMIGRANT CLASSIFICATIONS DEFINITIONS A.

Alien is every person seeking entrance into the US is presumed to be an alien unless they can establish US citizenship or US national status B. Immigrant every alien/applicant for admissions into the US is presumed to be an immigrant until they can show that they fall into one of the nonimmigrant categories CITIZENSHIP AND IMMIGRATION SERVICES (CIS) PETITIONS A. Certain individuals such as priority workers can petition on their own behalf. All others need a relative or potential employer to petition for them. The alien who has a petition filed on her behalf is considered the beneficiary of the petition B. Petitions are submitted to establish a relationship and determine eligibility for the classification sought C. Petitions to classify an alien as an immigrant Service Centers operated by United States Citizenship and Immigrations Services (CIS), NVC National Visa Center in Portsmouth NH-I-130 is the form for a visa petition IMMIGRANT VISA APPLICATION PROCESS A visa is a passport stamp or document that authorizes the passport holder to enter a country for specific purposes and for a particular time period. The United States Department of State (DOS) issues both nonimmigrant and immigrant visas for entry into this country. A. An immigrant visa is generally made abroad at either a U.S. Consulate or U.S. Embassy having jurisdiction over the beneficiary's place of residence B. Every alien applying for an immigrant visa is required to appear personally before a consular officer. May be waived only for a child under the age of 14 C. Documents to establish the alien's eligibility to receive an immigrant visa include: i. Police certificates ii. Military records iii. Birth certificates iv. Marriage licenses v. Any other document considered necessary by the consular officer A. Grounds of inadmissibility are for things such things as prostitution, drug crimes, terrorist activities E. Upon receipt of the approved petition, consular officers are authorized to grant an alien immediate relative or preference status. The approval of a petition does not relieve the alien of the burden of establishing the alien is eligible to receive a visa VALIDITY OF IMMIGRANT VISAS Once issued by the consular officer, the maximum period of validity of an immigrant visa is 6 months. Exceptions to this: A. Expiring passport of the alien, valid at least 60 days beyond the expiration date of the immigrant visa. Those immigrants that require a passport to immigrate to the United States, but whose passport is not valid for at least 8 months at the time of visa issuance will have the validity of their immigrant visa shortened to meet the 60 day passport requirement. B. Impending birthday of a child, someone who is unmarried and under 21. If an alien turns 21 before the time the visa would typically expire 6 months, then the visas expiration date will be changed to coincide with the day before the alien's 21st birthday. GENERAL IMMIGRANT REQUIREMENTS A. Aliens must: i. Apply in person ii. Apply at a designated and open POE iii. Be in possession of required documents iv. Establish admissibility v. Establish eligibility for the immigrant visa classification accorded Note: An intending immigrant with a valid visa must still establish alienage and identity, as well as show proof of eligibility for admission. IMMIGRANT ADMISSION PROCEDURES A. Aliens admitted for LPR at a POE are processed for a Permanent Resident Card Form 1-551 valid for max of 10 years A. While the immigrant: awaits receipt of the I-551, evidence of his or her status as an immigrant is documented either: i. In the alien's passport ii. On Form 1-94 Arrival-Departure Record A. Form 1-89 Data Collection Form is used to record an alien fingerprint and signature for his Permanent Resident Card B. Proof consists of an admissions stamp and ADIT stamp C. Not all immigrants are required to have a passport to immigrate so the admission stamp wil identify place, date, classification of entry, A number, inspectors number and duration of visit

D.

Permanent Resident cards have validity periods of 10 years, conditional residents 2 year expiration date, if lost or mutilated or within 6 months of expiration, must file an I-90 for a replacement

IMMEDIATE RELATIVES The Petition for Alien Relative Form 1-130 used to request the classification of alien relatives. Petitioners for Immediate Relatives and Family Sponsored Preference immigrants use a Form 1-130. Neither the filing or subsequent approval of an I-130 authorizes the beneficiary to enter or remain in the US, nor does it grant employment authorization A. Approval of a petition establishes a basis for the beneficiary to apply for an immigrant at the appropriate consulate B. The approval of a petition does not relieve the alien of the burden of establishing to the satisfaction of the consular officer that he is eligible in all respects to receive a visa C. The filing date of establishes a priority date for Family Sponsored visa D. Immediate relatives are not subject to wait for immigrant visas to become available

CONDITIONAL PERMANENT RESIDENTS An alien spouse is considered a conditional permanent resident if, at the time of admission to the United States or adjustment as an immigrant, the marriage is less than two years old. Likewise, an alien child is considered a conditional permanent resident if the marriage that formed the relationship between the petitioner and beneficiary occurred prior to the child's 18 birthday, and the marriage is, at the time of admission to the United States or adjustment as an immigrant, less than two years old. Conditional permanent residency status in both instances lasts for two years. The Permanent Resident Card Form I-155 of a conditional resident has a 2 year expiration date. Form 1-75 Petition to Remove the Conditions on Residence IMMEDIATE RELATIVE CLASSIFICATIONS A. IR-1 SPOUSE OF A U.S. CITIZEN i. Must have an approved 1-1 30 petition ii. Evidence of legal, civil registered marriage iii. Final termination of all previous marriages iv. Bona fide husband-wife relationship v. Married at least two years at the time of admission to the U.S. vi. Exempt from general passport requirement - admission at a POE does require an immigrant visa B. CR-1 SPOUSE OF A U.S. CITIZEN CONDITIONAL STATUS i. Must have an approved 1-130 petition ii. Evidence of legal, civil registered marriage iii. Final termination of all previous marriages iv. Bona fide husband-wife relationship v. Married less than two years at the time of admission to the U.S. vi. CR-1 is a conditional resident vii. Exempt from general passport requirement admission at a POE does require an immigrant visa C. IR-2 CHILD OF A U.S. CITIZEN i. Must have an approved I- 130 petition ii. Must meet the definition of child at the time of visa issuance and at the time seeking admission into the U.S. D. CR-2 CHILD OF A U.S. CITIZEN CONDITIONAL STATUS i. Must have an approved I- 130 petition ii. Must meet the definition of child at the time of visa issuance and at the time seeking admission into the U.S. iii. Evidence of stepchild relationship with U.S. citizen iv. Has been a stepson or stepdaughter of the U.S. citizen for less than two years v. Exempt from general passport requirement admission at a POE does require an immigrant visa OTHER CLASSIFICATIONS A. IR-3 Orphan adopted abroad by U.S. Citizen i. Approved 1-600 petition ii. Child must be seen abroad in person by parents iii. Exempt passport, requires immigrant visa A. IR-4 Orphan adopted by U.S. Citizen i. Approved 1-600 petition ii. Child not seen abroad by parent(s) or coming to United iii. States to finalize adoption iv. Requires both a passport and immigrant visa C. IR-5 Parent of U.S. Citizen i. Approved 1-130 petition ii. U.S. petitioner must be at least 21 years old iii. Petitioner must have met the definition of child to the iv. parent at one time v. Exempt passport, requires immigrant visa D. IW-1 Widower of U.S. Citizen i. Approved 1-360 petition ii. Alien petitions for himselt7herself iii. Married to deceased U.S. citizen for at least 2 years iv. Petition filed within 2 years of U.S. citizen's death v. Exempt passport, requires immigrant visa E. IW-2 Child of Alien Classified IW-1 i. Listed on IW-1's approved 1-360 petition ii. Must meet definition of "Child" at time of visa issuance iii. -and a t time of admission or adjustment of status iv. Married to deceased U.S. citizen for at least 2 years v. Exempt passport, requires immigrant visa

VISA ALLOCATION A. Five main ways aliens can immigrate to the US. Unlike Immediate Relatives who aren't subject to yearly numerical limitations or quotas, the remaining four groups or categories of immigrants are subject to numerical limitations. i. Family Sponsored Immigrants ii. Special Immigrants iii. Employment Based Immigrants iv. Diversity and Miscellaneous Immigrants A. Aliens who wish to immigrate in one of these classifications are subject to annual numerical limitations on the issuance of immigrant Visas, they must all wait until a visa is available for them B. The length of an alien's wait for an immigrant visa is based on his priority date, that is, the date the alien's petition was filed FAMILY SPONSORED PREFERENCE IMMIGRANTS There are four preferences or groups of family sponsored immigrants (First, Second, Third, and Fourth Preferences). In the Family Sponsored categories, either a U.S. citizen or Permanent Resident petitions for qualified aliens. The appropriate petition is the Form 1-130 Petition for Alien Relative A. F11 UNMARRIED SON OR DAUGHTER OF A U.S. CITIZEN i. Must have an approved 1-1 30 petition ii. F11 is at least 21 years of age at time of visa issuance and subsequent admission, otherwise he would be eligible to immigrate as an IR-2 iii. Exempt fiom general passport requirement admission at a port-of-entry does require an immigrant visa B. F12 CHILD OF ALIEN CLASSIFIED F11 i. Must accompany or follow to join the F11 parent F12 ii. Does not have to be listed on Fl 1 's 1-130 petition, but does require its own visa application with the consulate or embassy iii. Cannot be petitioned for directly - is a derivative at such time is not married, whether or not previously married iv. Must meet definition of child at the time of visa issuance and admission into the United States v. Exempt fiom general passport requirement admission at a POE does require an immigrant visa separate from the parent's C. F31 MARRIED SON OR DAUGHTER OF A U.S. CITIZEN i. Must have an approved I- 1 30 petition ii. No age restrictions or qualifications - would be IR-2 or F11 if unmarried iii. Requires passport and admission at a POE does require an immigrant visa A. F32 SPOUSE OF ALIEN CLASSIFIED F31 i. Must accompany or follow to join F31 ii. Does not have to be listed on F31 's I-130 petition, but does require its own visa application with the consulate or embassy iii. Can not be petitioned for directly - is a derivative classification iv. Requires passport and admission at a port-of-entry does require an immigrant visa separate from the spouse's A. F33 CHILD OF ALIEN CLASSIFIED F31 i. Must accompany or follow to join the F3 1 ii. Does not have to be listed on F3 1's 1-1 30 petition, but does require its own visa application with the consulate or embassy iii. Cannot be petitioned for directly - is a derivative classification iv. Must meet definition of child at the time of visa issuance and admission into the United States v. Requires passport and admission at a port-of-entry does require an immigrant visa separate from the parent's F. F41 BROTHER OR SISTER OF A U.S. CITIZEN i. Must have an approved 1-1 30 petition ii. U.S. citizen and alien beneficiary must establish that they once qualified as children of a common parent. iii. Any stepbrother or stepsister relationship must have iv. been formed before the beneficiary reached the age of 18 v. The alien classified F41 can be any age vi. Requires passport and admission at a port-of-entry does require an immigrant visa G. F42 SPOUSE OF ALIEN CLASSIFIED F41 i. Must accompany or follow to join F4 1 ii. a Does not have to be listed on F41 's 1-130 petition, but does require its own visa application with the consulate or embassy iii. Cannot be petitioned for directly - is a derivative classification

H.

Requires passport and admission at a port-of-entry does require an immigrant visa separate from the spouse's F43 CHILD OF ALIEN CLASSIFIED F41 i. Must accompany or follow to join F41 ii. Does not have to be listed on F41 's 1-130 petition, but does require its own visa application with the consulate iii. Cannot be petitioned for directly - is a derivative classification iv. Must meet definition of child at the time of visa issuance and admission into the United States v. Requires passport and admission at a POE does require an immigrant visa separate from the parent's

iv.

NOTE: In order to petition for a brother or sister in the Family Fourth Preference, the US. citizen must be at least 21 years of age at the time of filing the 1-130, the US. citizen must not have immigrated to the United States as an adopted child, orphan, or juvenile ward of the court. If so, the US. citizen is precluded from petitioning for a biological sibling. The courts have ruled that once an alien immigrates based on one of three aforementioned criteria, he or she has severed ties with his or her former family and therefore would be ineligible to petition for a biological sibling

I.

J.

K.

L.

M.

F21 SPOUSE OF LPR i. Must have an approved I- 1 30 petition ii. Evidence of legal marriage iii. Bona fide husband-wife relationship iv. Married at least two years at the time of admission to the U.S. v. Exempt from general passport requirement admission at a port-of-entry does require an immigrant visa F22 CHILD OF LPR i. Must have an approved 1-130 petition ii. Must meet the definition of child at the time of visa issuance and admission into the United States iii. Exempt fiom general passport requirement admission at a port-of-entry does require an immigrant visa F23 CHILD OF ALIEN CLASSIFIED F21 OR F22 i. Must accompany or follow to join the principal alien F21 or F22 ii. Does not have to be listed on F21's or F22's 1-1 30 petition, but does require its own visa application with the consulate or embassy iii. Cannot be petitioned for directly, is a derivative classification iv. Must meet definition of child at the time of visa issuance and admission into the United States v. Exempt fiom general passport requirement admission at a port-of-entry does require an immigrant visa F24 UNMARRIED SON OR DAUGHTER OF LPR i. Must have an approved 1-130 petition ii. F24 is at least 21 years of age, otherwise would be eligible to immigrate as an F22 or F23 iii. Exempt fiom general passport requirement admission at a port-of-entry does require an immigrant visa F25 CHILD OF ALIEN CLASSIFIED F24 i. Must accompany or follow to join F24 ii. Does not have to be listed on F24's 1-130 petition, but does require its own visa application with the consulate or embassy iii. Cannot be petitioned for directly, is a derivative classification iv. Must meet definition of child at the time of visa issuance and admission into the United States v. Exempt from general passport requirement admission at a port-of-entry does require an immigrant visa

EMPLOYMENT BASED IMMIGRANTS Must be filed on an Immigrant Petition for Alien Workers, Form 1-140. An alien, or any 7-- - &kl person on behalf of the alien, may file an I- 140 visa petition for classification as an alien of extraordinary ability in the sciences, arts, education, business, or athletics. Such an individual is referred to as an extraordinary alien (El 1). In all other cases, the petitioner of the 1-140 must be a U.S. employer. THE FILING OR SUBSEQUENT APPROVAL OF AN 1-140 PETITION DOES NOT AUTHORIZE THE BENEFICIARY TO ENTER OR REMAIN IN THE UNITED STATES NOR DOES IT GRANT EMPLOYMENT AUTHORIZATION. i. Approval of a petition merely establishes a basis for the beneficiary to apply for an immigrant visa. ii. The approval of a petition does not relieve the alien of the burden of establishing to the satisfaction of the consular officer that the alien is eligible in all respects to receive a visa. iii. An approved petition gives a place in line for a visa behind others who already have approved petitions for the same immigrant Classifications A. Employment Requirements: i. Job offer must be for permanent, full-time employment at prevailing U.S. wages. ii. Most of the employment classifications require labor certification (Form ETA 750) from the Department of Labor before the I- 140 petition can be filed. iii. When examining labor certifications, the Department of Labor is checking to see if the employer created a job description with minimum requirements to suit a particular alien and in'effect limit a U.S. job applicant's chances to fill this position. CLASSIFICATION OF EMPLOYMENT BASED IMMIGRANTS A. El 1 ALIENS WITH EXTRAORDINARY ABILITY i. Must have an approved 1-140 petition EXTRAORDINARY ABILITY means Labor certification is not required for alien classified a level of expertise indicating that the individual one of that small percentage that has risen to the very top if the field of endeavor. The extraordinary ability can be sciences, arts, education. ii. work in alien's specific field can be in the sciences, arts, education, business or athletics iii. Must have sustained national or international acclaim iv. Extraordinary ability could be demonstrated by achievements, major internationally recognized awards, published material, contributions to their respective field, display of alien's work at exhibitions, commercial successes in the performing arts v. Requires passport -- admission at a port-of-entry does require an immigrant visa A. El2 OUTSTANDING PROFESSORS OR RESEARCHERS i. Must have an approved 1-140 petition

A.

A.

A.

A.

G.

H.

Labor certification is not required for alien classification E12 iii. Employment can be in any academic field iv. Outstanding can be demonstrated by receipt of major prizes or awards membership in associates, published materials or scientific or scholarly research and contributions v. Aliens must have three years of previous teaching and/or research experience El3 CERTAIN MULTINATIONAL EXECUTIVES OR MANAGERS i. Must have an approved 1-140 petition ii. Labor certification is not required for alien classified El3 iii. Employer must conduct business in two or more countries, one of which is the United States iv. Alien's Previous Work Experience must have been employed as a manager or executive, must have one year of this experience within the previous three years, experience must be for the same company that files the 1-140 petition for the alien. v. Job offer must be from U.S. employer stating a description of the job duties and that the alien will be employed in a managerial or executive position vi. Requires passport -- admission at a port-of-entry does require an immigrant visa E21 ALIENS WHO ARE MEMBERS OF THE ADVANCED DEGREE PROFESSIONS HOLDING ADVANCED DEGREES OR ALIENS OF EXCEPTIONAL ABILITY i. Must have an approved 1-140 petition ii. Labor certification is required for alien classified E21 iii. Job offer must demonstrate that employment requires a professional holding an advanced degree or equivalent or an alien of exceptional ability iv. ADVANCED DEGREE PROFESSIONS must show an official academic record of a U.S. advanced degree or foreign equivalent or official academic record of U.S. baccalaureate degree or foreign equivalent and evidence of at least five years of progressive experience v. ALIENS OF EXCEPTIONAL ABILITY must demonstrate three of the following: a. an official academic record showing degree, diploma, or award in area of exceptional ability b. evidence that alien has at least ten years of full-time experience c. license or certification to practice the profession d. membership in professional associations commands a salary or remuneration for e. service which demonstrates exceptional ability f. recognition for achievements and significant contributions to the industry or field Requires passport -admission at a port-of-entry does require an immigrant visa E31 SKILLED WORKERS i. Must have an approved I- 140 petition ii. Labor certification is required for alien classified E3 1 iii. Job must require two years of training or experience iv. The determination that a position requires two years of training or experience is guided by Department of Labor minimum job requirements v. The 1-140 petition must be accompanied by evidence that the alien has the education, training, or experience requirements vi. Requires passport -- admission at a port-of-entry does require an immigrant visa E32 PROFESSIONAL i. Must have an approved I-140 petition ii. Labor certification is required for alien classified E32 iii. Job must require at the minimum, a baccalaureate degree iv. The 1-140 petition must be accompanied by evidence that the alien holds a United States baccalaureate degree or a foreign equivalent v. There are no provisions for establishing a combination of education and experience that is the equivalent of a baccalaureate degree vi. The alien must be a member of the professions vii. Requires passport -- admission at a port-of-entry does require an immigrant visa EW3 UNSKILLED WORKER (OTHER WORKER) i. Must have an approved 1-1 40 petition ii. Labor certification is required for alien classified EW3 iii. Job requires less than two years of training or experience iv. The 1-140 petition must be accompanied by evidence that the alien has the education, training, or experience requirements v. Requires passport -- admission at a port-of-entry does require an immigrant visa C51 EMPLOYMENT CREATION IMMIGRANT HIGH EMPLOYMENT i. Must have an approved 1-526 petition, Immigrant Petition by Alien Entrepreneur ii. Labor certification is not required for alien classified C5 1 iii. Must invest $1,000,000 in any high employment area

ii.

I.

iv. Is a conditional lawful permanent resident for two years v. Must file form 1-829 to remove conditional status vi. An alien classified C51 will become an E51 once conditional status is removed vii. Requires passport -- admission at a port-of-entry does require an immigrant visa T51 EMPLOYMENT CREATION IMMIGRANT . TARGETED EMPLOYMENT AREA (TARGETED AREA) i. Must have an approved 1-526 petition ii. Labor certification is not required for alien classified C51 iii. Must invest $500,000 in a targeted employment area iv. Is a conditional lawfUl permanent resident for two years v. Must file form 1-829 to remove conditional status vi. An alien classified T51 will become an E51 once conditional status is removed vii. Requires passport -- admission at a port-of-entry does require an immigrant visa

SPECIAL IMMIGRANTS THE FILING OR SUBSEQUENT APPROVAL OF AN 1-360 PETITION DOES NOT AUTHORIZE THE BENEFICIARY TO ENTER OR REMAIN IN THE UNITED STATES NOR DOES IT GRANT EMPLOYMENT AUTHORIZATION

SPECIAL IMMIGRANT CLASSIFICATIONS The R visa program was created by Congress in 1990. The intent, was to provide visas to aliens to overcome shortages in the United States among ministries, nunneries and other religious professionals. A. SD1 MINISTER OF RELIGION i. Must have an approved 1-360 petition ii. 1-360 must be accompanied by evidence that the alien has the authorization to conduct religious worship and perform other duties of the clergy iii. Requires passport -- admission at a port-of-entry does require an immigrant visa B. CERTAIN RELIGIOUS WORKERS i. Must be the beneficiary of an approved 1-360 petition ii. 1-360 must be accompanied by evidence that the alien has the requisite membership in the denomination and work experience . iii. Professional workers and other workers must obtain permanent resident status through immigration or adjustment of status on or before September 30,2008 in order to immigrate under this section of the Act [Per the Act "To amend the Immigration and Nationality Act to extend for an additional 5 years the special immigrant religious worker program" iv. The sunset date above does not apply to those individuals who enter solely for the purpose of carrying on the vocation of a minister of a religious denomination i.e. SDl immigrants. v. Requires passport -- admission at a port-of-entry does require an immigrant visa and immigrant visa DV1 DIVERSITY IMMIGRANTS Diversity immigrant visas are intended to provide an immigration opportunity for persons from countries other than the main source countries of immigration to the United States, and those aliens who are not eligible to immigrate either on the employment basis or on a family-sponsored relationship MISCELLANEOUS IMMIGRANTS There are certain aliens who can become Lawful Permanent Residents without having to obtain immigrant visas or needing to have a petition filed on their behalf. These aliens can arrive at a port of entry, and in the case of as S13 also adjust status in the United States, and immigrate to the United States without the need of being the beneficiary of an approved petition or immigrant visa. This process, outside the normal immigration path to permanent residency, occurs as specifically described the status of these aliens is recorded on a Form 1-181 A. S13 AMERICAN INDIANS BORN IN CANADA i. An American Indian born in Canada, with 50% American Indian blood, be denied admission to the United States ii. The burden of proof lies with the applicant, usually by presenting tribal identification cards iii. Once the claim is established the individual can comeand go from the United States as he pleases. However, if such an individual seeks permanent residency, he is classified as a S 13 and is issued a temporary form 155 1 using Form 1-94 since this alien is not required to have a passport to immigrate iv. There are no provisions for the spouse or children of an alien classified S 13 A. X-3 CHILDREN BORN SUBSEOUENT TO ISSUANCE OF IMMIGRANT VISA TO ACCOMPANYING PARENT i. An alien woman may be pregnant when she receives her own immigrant visa at the consulate or embassy abroad. Later she gives birth to her child abroad, however she does so before her visa expires, and before she immigrates to the United States. If, during the period the visa is still valid, the mother seeks to immigrate to the United States with the child (new baby) "in hand," or for that matter the father seeks to immigrate to the United States with the child in hand, what will happen to the child? ii. When the child arrives in the United States, he or she would not have an immigrant visa, because he or she was not born when the accompanying parent's application was filed and the accompanying parent's visa was issued. iii. As a prerequisite for admission, the child must arrive in the United States with his or her accompanying parent when he/she initially seeks to immigrate to the United States. iv. The classification assigned to such a child depends on how the parent immigrates: a. XF3 Parent is a Family Sponsored immigrant b. XE3 Parent is an Employment Based immigrant c. XR3 Parent is an Immediate Relative d. XN3 Parent is none of the above mentioned immigrant classifications NA3 CHILD BORN DURING THE TEMPORARY ABSENCE ABROAD OF A LAWUL PERMANENT RESIDENT OR U.S. NATIONAL MOTHER i. A child classified NA3 must be born during a temporary trip abroad. ii. The child's mother is a Lawful Permanent Resident or a non-U.S. citizen national of the United States. iii. Child must apply for admission before the age of two in order to be given the NA3 classification. iv. Child must be accompanied by a parent. v. If the accompanying parent is a lawful permanent resident, he/she must be making his/her first application for readmission as a Lawful Permanent Resident since the birth of the child. The regulations do not contain a similar timing restriction on the return of U.S. Nationals seeking entry into the United States with their less than 2-year-old child.

vi.

Every child in the NA3 classification is exempt from the passport and immigrant visa requirement when immigrating to the United States vii. Status is recorded on Form I- 18 1, Memorandum of Creation of Record of Lawful Permanent Residence. ADJUSTMENT OF STATUS UNDER SECTION 245 i. Section 245 of the INA allows an eligible nonimmigrant alien to request adjustment of status to a Lawful Permanent Resident status here in the United States without the need of going abroad and applying for an immigrant visa. There are numerous ways that a person can become eligible to adjust'status in the United States. The commonly seen paths to lawfUl permanent residency via section 245 INA adjustment are: ii. Based upon an approved petition for an alien relative iii. Based upon an approved employment based petition iv. Based upon a lawful K-1 fianc nonimmigrant admission where the marriage occurred within the 90-day limit v. Based upon a prior grant (at least 1 year ago) of status as an asylee or refugee vi. Diversity Visa Lottery winner vii. Registry [alien has continuously resided in the United States since before January 1, 1972. viii. Cuban or other nationality based programs ix. Federal litigation based programs. Certain classifications exist by adjustment only: A. CF-1 ALIEN WHOSE RECORD OF ADMISSION IS CREATED UPON THE CONCLUSION OF A VALID MARRIAGE CONTRACT AFTER ENTERING AS A . FIANCE OR FIANCEE OF A U.S. CITIZEN i. Must have been the beneficiary of an approved I-129F petition. ii. Must have been admitted as a K-1 nonimmigrant and married the U.S. citizen petitioner within 90 days of being admitted into the U.S. as a K-1. iii. Is admitted as a conditional permanent resident iv. Permanent Resident Card will have a two-year expiration date v. Conditional status is for two years beginning at the time the alien is adjusted as a L a h l Permanent Resident. vi. Must file Form 1-75 1, Petition to Remove the Condition on Residence, during the 90-day period before the second anniversary of the alien's obtaining the status of conditional permanent residence in order to remove the conditional status. vii. An alien classified CF-1 will become an IF-1 once the conditional status is removed. B. K-3 SPOUSE OF A U.S. CITIZEN i. Must be already married to a U.S. citizen who has filed an 1-1 30 petition on alien's behalf ii. 1-130 does not have to be approved, just filed iii. K-3 is issued a ten-year multiple entry nonimmigrant visa iv. If the K-3 alien adjusts status prior to the second v. anniversary of the marriage, the alien is a vi. conditional resident [CR-I] and must follow the vii. procedures for removing the conditions. ADJUSTMENT OF STATUS UNDER SECTION 245(i) As previously stated, our immigration laws allow qualified individuals to enter the United States as lawful permanent residents ("green card" holders) after they obtain immigrant visas from a consulate or embassy abroad or, for many immigrants already lawfully in the United States, through a process called "adjustment of status." If you entered the United States unlawfully, if you entered with permission but did not stay in lawful status, or if you worked without permission, you normally would have to leave the United States in order to apply for an immigrant visa. Special rules under section 245(i) may allow a limited number of aliens to apply to adjust status without leaving the United States. You might need section 245(i) if you: i. Entered the U.S. without being inspected by an Immigration official. ii. Stayed in the U.S. longer than allowed by Immigration. iii. Entered the U.S. as a worker on an aircraft or ship (crewman). iv. Entered the U.S. as a "Transit Without Visa." v. Failed to continuously maintain a lawful status since your entry into the US. vi. Worked in the U.S. without Immigration permission vii. Entered as an "S" nonimmigrant (relates to witnesses about criminal or terrorism matters). viii.Are seeking a work-related visa and are out of status at the time of filing the application to adjust status (Form 1-485). ix. Worked in the U.S. while being an "unauthorized alien." NOTE: There are some groups that may not need to use section 245(i). i. The spouse or unmarried minor child of a U.S. citizen or the parent of a U.S. citizen child at least 21 years of age if he/she was inspected and law-fully admitted to the United States, but subsequently overstayed his/her authorized admission or worked without permission, may apply for adjustment of status under section 245(a) and does not need to use section 245(i).

ii.

Certain persons who are eligible for certain employment-based immigrant visas and who were inspected and lawfidly admitted to the United States, but have not violated their status or worked without permission for more than 180 days, do not have to apply for adjustment of status under section 245(i). They may be able to use section 245(k).

LAWFUL PERMANENT RESIDENTS Lawful Permanent Residents have certain requirements for maintaining their status as immigrants: A. SECTION 262 of the INA i. At the age of 14, all Lawful Permanent Residents must register with the Government. This includes: updating data (photograph, signature, etc.) for Form 1-551 Permanent Resident Card using Form 1-90, Application to Replace Permanent Resident Card. ii. Fingerprints B. SECTION 264(e) of the INA i. At the age of 18, all aliens must at all times be in possession of required documents. ii. For nonimmigrants the documentation could be forms I-94, I-95 and B-1/B-2 Laser Visa. iii. For immigrants, the documentation could be Form I-551 Permanent Resident Card, ADIT stamp with passport or Form I-94, receipt for Form I-90

TRAINING EXERCISE UNIT 1 1. Where are most immigrant visa petitions file? ICS Service Stations 2. What is the purpose of an immigrant visa petition? Establish relationship 3. What is the function of the National Visa Center? Stores petition until visa is ready, notify relative, forward to consulate 4. List the general immigrant admission requirements. In person POE Required documents Admissibility Establish eligibility 5. What are the priority date? Visa priority, date the application is filed TRUE or FALSE 6. Issuance of an immigrant visa by a consular officer overseas guarantees admission of the alien. False 7. Generally, the maximum period of validity of an immigrant visa is 6 months. True 8. Certain classes of immigrants may receive an immigrant visa within the United States. False 9. Only aliens over the age of 18 must appear personally before a consular officer. False 10. Most Permanent Resident cards have validity dates of ten years. True 11. An alien is presumed to be a nonimmigrant unless he or she has an immigrant visa to immigrate to the United States. False 12. Aliens are issued Form 1-55 1 on the date they are admitted as immigrants. False TRAINING EXERCISE UNIT 2 IDENTIFY THE IMMIGRANT CLASSIFICATION 1. A citizen of Korea is seeking admission to the United States for permanent residence to join her husband of six years who naturalized three years ago-IR1 2. The Israeli mother of a 26-year old United States citizen is coming to reside s 5 permanently in the United States-IR5 3. A citizen of Belize seeks admission to live with his U.S. citizen wife. They were married last month in London while she was on vacation-CR1 4. The Japanese wife of a U.S. citizen seeks to reside permanently in the United States while her husband completes his tour of duty with the U.S. Navy in Japan. They were married three years ago-IR1 5. An orphan was adopted in San Salvador by two U.S. citizens who traveled to El Salvador to find a child to adopt-IR3 6. An 18 year old citizen of Poland divorced her husband two months ago. Today she is applying for admission at Chicago to reside permanently with her parents who were naturalized last year-IR2 7. A 12 year old citizen of Norway is seeking admission to reside permanently with his newly married mother and his U.S. citizen stepfather who filed the petition for his new stepson-CR2 8. A 9 year old alien orphan was adopted last year by a U.S. citizen who was in France on business. Although his wife was not present for the adoption, she is looking forward to welcoming the child into their home-IR4 9. The 58 year old Swedish widow of a U.S. citizen is applying for admission. They had been married for thirteen years. Two months ago when he died, they were celebrating the one year anniversary of his naturalization-IW1 10. What is the definition of stepchild found in section 101 (b)(l) INA11. Under what circumstances would an immigrant be admitted as a conditional permanent resident? Marriage less than 2 years old at the time of admission 12. What is the procedure for having an alien's conditional permanent resident status removed? File I-751 13. What form is used to petition for most alien relatives to immigrate to the United States? Form I-130 14. What is the definition of unmarried found in 101(a)(39) INA? Anyone not married 15. What was the purpose of the Immigration Marriage Fraud Amendments? Combat marriages of convenience or fraud 16. What is Form I-360? Self Petitioner Form 17. List requirements of a U.S. citizen petitioner who wishes to petition for his or her parent. At least 21 TRAINING EXERCISE UNIT 3 IDENTIFY THE IMMIGRANT CLASSIFICATION 1. Michael, a 20 year old citizen of Peru, is applying for admission. Michael's mother, a U.S. citizen, petitioned for her married son to immigrate. F31

2. 3. 4. 5. 6. 7. 8.
9.

Michael's wife, Elizabeth, is applying for admission as an immigrant with Michael. She received her immigrant visa as a rider on his petition. F32 A 25 year old citizen of Finland is applying for admission to reside with her U.S. citizen parents. She is still grieving over the death of her husband six months ago. F11 James, a 19 year old citizen of Argentina, is applying for admission to reside permanently with his 30 year old U.S. citizen brother who petitioned for him. F41 James has a 3 year old son, Patrick, who will immigrate to the United States two months after James immigrates. F43 Ramona, a U.S. citizen, met some friends in Costa Rica. She also met Jose, a Costa Rican whom she married eighteen months ago. CR1 At the same time she filed Jose's petition, she filed an 1-130 for Jose's daughter Elena who is 20 years old. Ineligible-stepchild relationship needs to be formed prior to 18 years old Sara immigrated seven months ago as an unmarried daughter of a U.S. citizen. Today her four year old son arrives to join his mother. F12 How old must a U.S. citizen be to petition for the following? parent? 21 brotherlsister? 21 spouse? Any age child? Any age

TRAINING EXERCISE UNIT 3 IDENTIFY THE IMMIGRANT CLASSIFICATION 1. Sam is a Lawful Permanent Resident. Years ago he was on a business trip in Mexico when he met Claudia. They have been married for three years. F21 2. Claudia has a 10 year old daughter who is riding on her mother's petition. F23 3. Four years ago, Eva immigrated to the United States as a sister of a U.S.citizen. Today she wishes to petition for Fernando, her husband of three years, who is finally able to join her in the United States. F21 4. Charles has been a Lawfbl Permanent Resident for 18 months. He wasvisiting family in Kenya where he met Rita. He proposed to her before he left for the U.S. and she accepted. Today he filed a petition for her. Ineligible 5. Jackie, a Lawful Permanent Resident, petitioned for Paul, her 28 year old bachelor son. F24 6. Paul's 9 year old adopted son is accompanying him and is riding on Paul's petition. F25 7. Diana is a Lawful Permanent Resident. She is so impressed with schools in the U.S. that she has petitioned for her Australian children to immigrate to be enrolled. Her Australian hubby wishes to remain in Australia for at least one more year to complete some business. Consider Diana's 17 year old son. F22 8. Andrew has a twin brother who immigrates with him. F22 9. Cesar and Alice, both Lawful Permanent Residents, are thrilled that their 18 year old son, Pedro, and his wife, Patricia, wish to immigrate to the United States. Consider Pedro. Ineligible 10. Consider Patricia. Ineligible 11. In order to' be classified as a family second preference (F2A, the alien beneficiary must be related to whom? LPR 12. What does it mean to say that a country is oversubscribed? Too many visa requests-oversaturated 13. What is automatic conversion? Change categories TRAINING EXERCISE UNIT 4 IDENTIFY THE IMMIGRANT CLASSIFICATION 1. The University of Michigan petitioned for Harry, a German national, to immigrate to the United States to continue his research. Harry's expertise lies in the field of genetic cloning. Over the past twelve years he has written several articles for medical and scientific journals with an international circulation. E12

2.

3.

4.

Laura was petitioned for by the Anderson Bakery as a wedding cake decorator. They require their decorators to have three years of experience. She has seven years of experience including her three year apprenticeship at a premier culinary institute in London. E31 Amartya Sen filed a petition to immigrate to the United States. Highlighting his career as an economist, he published a book entitled "Poverty and Famines; An Essay on Entitlement and Deprivation", taught at Harvard University, and . recently won the Nobel Prize in Economics for his work with welfare economics. E11 Marco has accepted a job with Pilgrim Pride in Tyler, Texas, processing chickens. He has already met the company's six month experience requirement. EW3

5.

Antonio has been the Executive Vice President of advertising for Daimler Chrysler in Germany for six years. His division has developed several lucrative advertising campaigns that increased profits for Daimler Chrysler. Six months ago, Antonio was informed that Daimler Chrysler would be transferring him permanently to their office in New York to coordinate similar advertising projects. E13 6. Antonio, along with his wife and 12 year old daughter were issued immigrant visas three weeks ago. Antonio has several business arrangements to finish before he leaves for the U.S. He encouraged his wife and daughter to go to the U.S. without him for the sole purpose of enrolling her in school so that she wouldn't fall behind her classmates. What is the daughter's classification if admissible? Ineligible 7. The Duval County school system in Jacksonville, FL petitioned for Greta to immigrate to the U.S. as a Special Education teacher. Greta has a Bachelor's degree in Special Education and has been a Special Education teacher for the past four years. E32 8. Three years after she immigrated to the U.S., Greta married her Colombian boyfriend Thomas, and petitioned for him to live with her in Jacksonville. F21 9. Alex received his Masters degree in Investment Banking in 1980. Four years later he graduated from law school and today specializes in corporate law. He has been an asset to the law firm he works for because he can speak six languages. Merrill Lynch in Chicago, IL petitioned for Alex to work as an investment lawyer in its legal division. E21 10. Which of the aliens in questions 1-9 require a passport to immigrate to the United States? All of them except F21 11. What is labor certification? Form ETA 750 from the Department of Labor, used to check if the employer created a job description with minimum requirements to suit a particular aline and in effect limit a US job applicants chances to fill the position TRAINING EXERCISE UNIT 5 Anna and her husband went to the American Embassy to obtain their immigrant visas that were available. She qualified because she is the sister of a U.S. citizen. They do not immigrate immediately because Anna is pregnant and her doctor has advised her against traveling. Anna gives birth to a son one month after she picks up her immigrant visa. She and her husband depart for the United States three months after the child was born. When they arrive in the United States:

1.
2. 3.

4.

What classification if any, will be given to Anna's husband? F41 Anna F42 Husband What documents, if any, does her husband need to immigrate to the United States? Passport and immigrant visa What classification if any, will be given to Anna's son? XF3 What documents if any, does Anna's son need to immigrate to the US? Passport, doesnt have an immigrant visa, born after visa was issued

Two years later, Anna is pregnant again. She decides to have her child in her homeland medicine. She is outside of the United States for four Months before her daughter is born. Anna does not return to the United States with her daughter for 6 months

5. 6. 7. 8. 9. 10.

When they arrive in the United States, what classification if any, will be given to L Anna's daughter? NA3 What documents, if any, does the daughter need to enter the United States? Exempt from passport and visa How much work experience does an individual in a religious vocation need to immigrate to the U.S.? NA3 Which Special Immigrant classification require labor certification? None What is Form 1-181 used for? Memorandum for those immigrants that dont need visas What documents does an alien who wishes to be classified S13 need to immigrate to the United States? 50% Alien American Indian