In light of the continued failure of the U.S. Congress to pass meaningful immigration reform and the continued dysfunction of our immigration system, former President Obama announced a series of immigration policy changes though executive action during his presidency. The use of executive action to implement immigration policy is by no means new. Every President since Eisenhower issued an executive action on immigration in some capacity. 1 Nevertheless, the breadth and impact of the changes President Obama sought to implement were unprecedented. As of January 2017, some of the changes outlined by the 2014 executive action have been implemented; others have been blocked indefinitely. Even the policies that have been enacted may be vulnerable to change. Those that were enacted by executive action only can be changed or canceled by the new administration; those implemented by regulation could be changed, but only under the processes outlined by the Administrative Procedures Act. All immigration law evolves; the law covered in this manual only more so.
This manual seeks to explain the parts of former President Obama’s executive action that have been implemented as of the time of this writing. These new changes, even if short-lived, can help many. They can provide individuals with much-needed immigration relief, and also provide a blueprint for future immigration policy and legislation.
Author(s): Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., and National Council of La Raza
Edition: 1
Publisher: Immigrant Legal Resource Center
Year: 2017
Language: English
Pages: 299
City: San Francisco
Tags: naturalization, u.s., america, u.s. law, american law, law, immigration, immigration law, immigrants, lpr, family petition, family immigration, u.s. citizenship, citizenship, removal order, deportation, legal, executive actions, immigration relief
Preface & Acknowledgments
Table of Contents
Chapter 1: Introduction
§ 1.1 Introduction
§ 1.2 Overview
§ 1.3 About This Manual
Chapter 2: Family Visas: Qualifying Family Relationships, Eligibility for Visas, & Application Process
§ 2.1 Overview of the Family Immigration Process: A Two-Step Process
§ 2.2 The Immediate Relative Category and the Definition of “Child” and “Spouse”
§ 2.3 K Visa
§ 2.4 Petitions under the Preference System: Definition of Siblings and Sons and Daughters
§ 2.5 The Preference Categories
§ 2.6 Derivative Beneficiaries
§ 2.7 The Preference System
§ 2.8 Using the State Department Visa Bulletin to Make an Estimate of When Your Client Can Immigrate
§ 2.9 Advising Your Client about When a Visa May Become Available
§ 2.10 Child Status Protection Act (CSPA)
§ 2.11 Completing Government Forms
§ 2.12 Completing the Visa Petition, Form I-130
§ 2.13 The G-325A and Photograph: Required in a Petition for a Husband or Wife
§ 2.14 Documenting the Visa Petition
§ 2.15 Documents to Prove Family Relationship?
§ 2.16 Making Proper Copies of Documents
§ 2.17 Making Certified Translations of Documents
§ 2.18 Documenting the Immigration Status of the Petitioner
§ 2.19 Filing the I-130 Packet
§ 2.20 When Is a Visa Petition Terminated or No Longer Valid?
Appendix 2-A
Appendix 2-B
Appendix 2-C
Appendix 2-D
Chapter 3: Family Visas: Adjustment of Status & Conditional Residence
§ 3.1 What Is Adjustment of Status?
§ 3.2 Understanding 245(a) and 245(i) Adjustment
§ 3.3 INA § 245(a): Adjustment of Status for Persons Who Entered the United States after Being Inspected and Admitted, or Paroled
§ 3.4 INA § 245(i): Adjustment of Status for Persons Who Did Not Enter the United States with Inspection or Face INA § 245(c) Bars
§ 3.5 Adjustment and Admissibility
§ 3.6 Should Your Client Adjust or Consular Process?
§ 3.7 What Forms and Documents Are Needed to Apply for Adjustment of Status?
§ 3.8 The Application for Adjustment, Form I-485
§ 3.9 Form G-325A, Fingerprints, Photos, and Medical Exam
§ 3.10 Submitting the Adjustment Application
§ 3.11 The Effect of Leaving the Country
§ 3.12 The Adjustment Interview
§ 3.13 The Decision: Approvals and Denials
§ 3.14 Conditional Residence
§ 3.15 Removal of the Condition on Residency if the Marriage Still Exists after Two Years: The I-751 “Joint Petition”
§ 3.16 When to File the I-751 Joint Petition
§ 3.17 Completing the I-751 Joint Petition
§ 3.18 Application Procedure: Filing, Interview, Standard for Approval, Denials
§ 3.19 Termination of Conditional Residency by USCIS during the “Testing Period”
§ 3.20 Waivers of the I-751 Joint Filing Requirement
§ 3.21 When to File
§ 3.22 How to File a Waiver
§ 3.23 The “Good Faith” Waiver
§ 3.24 The Extreme Hardship Waiver
§ 3.25 The Battery or Extreme Cruelty Waiver
§ 3.26 Filing a Waiver if the U.S. Citizen or Permanent Resident Spouse Has Died
§ 3.27 Dependent Sons and Daughters
§ 3.28 Special Situations Involving Conditional Residency and Waivers
Chapter 4: Consular Processing
§ 4.1 The NVC, the U.S. Consulates and the Department of State
§ 4.2 How DHS and the State Department Divide Responsibility in Visa Cases
§ 4.3 Initial Consular Processing at the NVC
§ 4.4 Obtaining Documents According to NVC Instructions and the FAM
§ 4.5 Getting Ready for the Interview
§ 4.6 What Will Happen at the Interview?
§ 4.7 What Happens after the Immigrant Visa Is Granted
§ 4.8 What to Do if Your Alien Registration Card Fails to Arrive
§ 4.9 Waivers of Grounds of Inadmissibility
Appendix 4-A
Appendix 4-B
Appendix 4-C
Chapter 5: Unlawful Presence Waivers
§ 5.1 Overview of Unlawful Presence
§ 5.2 Unlawful Presence and Exceptions
§ 5.3 Triggering the Unlawful Presence Ground of Inadmissibility
§ 5.4 When an I-601 Waiver Is Required
§ 5.5 Eligibility Requirements for an I-601A Provisional Waiver
§ 5.6 Approved Visa Petition Requirement
§ 5.7 Qualifying Relatives
§ 5.8 Extreme Hardship
§ 5.9 Provisional Waiver and Other Grounds of Inadmissibility
§ 5.10 Prior Removals and Proceedings
§ 5.11 Approvals and Denials
§ 5.12 How to Apply for an I-601A Waiver
§ 5.13 What Is Extreme Hardship
Chapter 6: Parole-in-Place
§ 6.1 What Is Parole?
§ 6.2 Overview of Parole-in-Place
§ 6.3 Eligibility Requirements for Parole-in-Place
§ 6.4 The Benefits of Parole-in-Place
§ 6.5 Impact on DACA-Eligible Persons
§ 6.6 How to Apply for Parole-in-Place
Appendix 6-A
Appendix 6-B
Appendix 6-C
Appendix 6-D
Chapter 7: Summary of DACA Eligibility Requirements
§ 7.1 Introduction
§ 7.2 What Is Deferred Action for Childhood Arrivals (DACA)?
§ 7.3 Who Qualifies for DACA?
§ 7.4 Ineligibility Due to Criminal Conduct or Being a Threat to National Security or Public Safety
Chapter 8: Advance Parole & Travel
§ 8.1 What Is Advance Parole?
§ 8.2 Requesting Advance Parole as a DACA Recipient
§ 8.3 Risks of Traveling Abroad for DACA Recipients
§ 8.4 Advance Parole and Adjustment of Status
Chapter 9: Screening for Other Immigration Relief
§ 9.1 Introduction
§ 9.2 Self-Petitioning Visas for Battered or Abused Family Members of U.S. Citizens or Lawful Permanent Residents
§ 9.3 The U Visa
§ 9.4 The T Visa
§ 9.5 Asylum and Restriction on Removal
§ 9.6 Special Immigrant Juvenile Status
§ 9.7 Cancellation of Removal for Non-Permanent Residents
§ 9.8 NACARA
§ 9.9 Cancellation of Removal for Certain Permanent Residents
§ 9.10 Temporary Protected Status (TPS)
§ 9.11 Diversity Visas
§ 9.12 Prosecutorial Discretion and Deferred Action
§ 9.13 Motions to Suppress and Challenging Removability
§ 9.14 Voluntary Departure
§ 9.15 Private Bills Passed by Congress
§ 9.16 Other Immigration Remedies
Appendix 9-A
Chapter 10: Immigration Enforcement Priorities
§ 10.1 Executive Action on Enforcement
§ 10.2 DHS Enforcement Priorities
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A. Who Is Eligible for U Nonimmigrant Status?
